Santiago, Chile – On February 13, 2024, the Official Gazette published Law No. 21,656, a momentous legislative measure that modifies Law No. 21,258, enshrining the right to oncological oblivion in Chile.

The main purpose of this law is to ensure that people who have faced and survived cancer do not suffer financial discrimination once they have overcome their illness. This right materializes once 5 years have passed since receiving the clinical discharge of remission of the disease.

The regulations establish that any clause, stipulation or condition that imposes additional financial burdens, exclusions or discrimination based on oncological history prior to the date of signing the contract or legal transaction, will be considered null after 5 years have elapsed from the completion of the treatment. radical without subsequent relapse.

In addition, the law prohibits the request for information on oncological history or the obligation to declare having suffered from cancer at the time of signing a contract or legal transaction, once the period of 5 years has passed since the completion of the radical treatment without subsequent relapse. Likewise, no insurance company may consider a history of oncology for contracting purposes once this period has passed.

This legislation also declares void the clauses that renounce the established rights, and non-compliance will be sanctioned in accordance with Law No. 19,496, on the protection of consumer rights. The corresponding actions may include the cancellation of abusive clauses in adhesion contracts, obtaining compensation for damages and the corresponding reparation.

The promulgation of Law No. 21,656 marks an important milestone in the protection of the rights of people who have overcome cancer in Chile, ensuring their access to financial services without any discrimination.

Law 21,656