Desarrollo legislativo de protección por dependencia. Oportunidades del sector privado: Caso de Castilla y León

RESUMEN: En España, la intensidad del envejecimiento de la población difiere entre regiones. Las más envejecidas entre las que se encuentra la Comunidad de Castilla y León, deberían ser las más interesadas en desarrollar la normativa sobre dependencia. En este trabajo analizamos el desarrollo normativo existente en Castilla y León con el fin de encontrar aquellas lagunas de cobertura de dependencia que padecen sus habitantes. Con lo anterior se determinan los nichos de mercado en los que el sector privado pude tomar el relevo a la administración con el fin de cubrir las necesidades asociadas a los mayores niveles de dependencia. ABSTRACT: In this paper we analyze the development of the law for dependent coverage in Spain from the point of view of the Spanish government and from the point of view of the local government of Castilla and León. The law of dependence is designed to provide basic level of coverage, compulsory depending on the degree of dependence and provided by the national government. Then, at the next level, local government can provide, if necessary, more protection at the same basic level or, local government can choose to provide a higher degree of economic benefits and care services to dependent beneficiaries. A yet higher degree of dependence for the individuals, the national law opens the possibility for private insurance coverage. By Analyzing the Law it is possible to find public coverage gaps in dependence. Therefore, according to the Law there are possible ways to develop financial, insurance or other private products, not only when there exists high level or degree of dependence in the individual. These measures could help meet the needs associated with different levels of dependence not covered by public aid. Firstly the paper analyzes the regulatory situation with regard to the different levels of dependence coverage, degree of severity and associated benefits (economics or care facilities). In each benefit there are minimum and maximum levels guaranteed by law. Depending on the classification of economic restriction, extra benefits can be provided by the private sector. What is more, depending on the quality of the service itself, it is possible to contract the same service from the private sector. The conditions for providing several of the care facilities depending on the degree of dependence, creates intrinsic incompatibilities. In these cases, they could be avoided through the recruitment of financial, actuarial and/or heritage liquefaction, for instance. Secondly, the paper analyzes the development of the dependence of the policy undertaken within the Community of Castilla and León. This Spanish region has an elderly population and furthermore its population is aging. Consequently, in theory the interest of achieving better and faster dependence coverage should be a matter of priority for the local government. In this sense, we analyze the functions that have been developed in their own law. Finally, the paper discusses a series of comments and conclusions related to the degree of development of the dependence coverage in this region taking into account the opportunity that local government has to develop its own protection policy. In this case, there is clear evidence of potential benefits to developing private products as a result of the gaps in services that were discovered. Comments and conclusions: 1. Law RD-L 20/2012, (13 July) contains a wide range of incompatibilities between care facilities and economic benefits if the beneficiary of the dependence benefit is the same individual. All these incompatibilities depend on the degree of severity of dependence. Therefore, Territorial Council of the Dependence System (CTSAAD) establishes the intensity (amount and time) of the protection of each care facility and, if it is the case, the existence of compatibility between the care facilities and with economic benefits. Here in lies one of the opportunities for the private sector: the incompatibility field among care services and incompatibility between several care services and economic benefits. The protection given by the government agency (AGE) could be taken as a basic franchise if the private sector wants to develop a dependence insurance product, otherwise it could be understood as a minimum level of coverage provided by the government (at a national or local level). Those individuals who have bought private coverage (saving schemes) have less dependence on government budgets in order to fulfill adequate protection .This can be seen in the case of an insurance agency as the minimum level of protection. The dependants would then depend less on national or regional financial capacity. 2. The law establishes a scale to set the level of dependence of the individual. In that scale whether the person is capable of carrying out the tasks of daily life (walking, shopping, etc.) is taken into account. By analyzing it, gap in coverage can be detected. Therefore, there is another opportunity for the private sector to develop financial, actuarial products as well as liquefaction of heritage to address these lacks. 3. Given the current number of dependents and the evolution and future forecast of the elderly population in Spain in general and concretely in Castilla and León, there are several care services such as housing, residences, apartments, etc., that will be in great demand in the near future. National or local government in these days of economic crisis cannot afford the cost of providing of a serviceable infrastructure for all possible dependents. This is another service that could be provided by private entities. In this sense the private sector has to be considered as a complement or alternative to the public system. Then, if both the public and the private sector participate in providing this service, the public provision could once more be viewed as private product franchises (minimum level or cheaper price). 4. The federal scheme in Spain allows for the possibility that the local government of Castilla y León can develop their own laws to cover dependence in the region. Due to the fact that there are several legislative deficiencies and Castilla and León has only established the compulsory levels required by general law. There is no mention of activities that might activate the second level of dependence coverage. 5. The scale of incompatibilities in force in the Castilla and León signifies that a dependent person cannot be beneficiary of two dependence economic benefits, or two care services, or an economic benefit and a care service. The beneficiary has to choose one of them: the money or the service in several cases. It is necessary to relax this incompatibility or, otherwise to provide the option of private coverage. This is the recommendation given by the Principal Lawyer of Castilla and León. Herein lies another gap and once more, the private sector could develop products (financial, actuarial or care services) in order to address these deficiencies. 6. The situation nowadays in the Castilla and León region is that there are more economic benefits than care services for dependence coverage, mainly due to its low cost, relatively quick and cheap management and the insufficient provision of care services. There is no doubt that it could be a productive business niche for the insurance and financial market.