## Facts

- Several children living in Israel were neither Israeli citizens nor Israeli residents, and a government agency was reviewing their right to continue residing in Israel.
- During the review period, the children received basic health services under Israel’s National Health Insurance Law framework.
- In addition to the basic services, the children received some further health services from a health fund pursuant to a separate agreement between the health fund and the government.
- The children’s parents sought for them the full range of services ordinarily provided by the health funds to insured persons (the standard package given to eligible members), rather than a limited arrangement.
- Dmitry Solomtin (with others) filed an original petition in the Supreme Court of Israel sitting as the High Court of Justice (HCJ) against the Minister of Health, seeking an order compelling the Ministry to provide the children with the full range of health-fund services.

## Issues

1. Whether the Minister of Health was required to provide children who were neither citizens nor residents—while their right to remain in Israel was being reviewed—the full range of health-fund services provided to eligible insured persons.

## Decision

- The High Court of Justice declined to compel the Minister of Health to provide the children the full range of health-fund services available to eligible insured persons.
- The court left in place the existing arrangement under which the children received basic coverage (and certain additional services under a separate agreement), rather than ordering resident-level coverage.

## Legal Principles

- Eligibility for the full package of services under Israel’s national health insurance system is tied to statutory criteria, including residency; individuals who are not residents are not automatically entitled to the same benefits as eligible insured persons.
- Where the statutory framework does not grant full entitlement, the court will not require the executive branch to extend the complete health-fund services package as a matter of judicial order.
- Providing limited or interim medical services to non-resident children during pending status proceedings may be addressed through specific governmental arrangements; expanding that coverage to the full basket requires a legal basis in the governing scheme.

## Conclusion

*Solomtin v. Minister of Health* concerned an HCJ petition seeking to require the Ministry of Health to provide non-citizen, non-resident children—whose right to remain in Israel was under governmental review—with the full range of health-fund services; the court refused to order full coverage and maintained the distinction between limited arrangements for non-residents and the full benefits provided to eligible insured persons.


Solomtin v. Minister of Health, HCJ 11044/04 (2011)