The Proceedings in the Regional Court
Background:
- The health plans are health funds that operate according to the Health Insurance Law. As part of the supplementary insurance plans, the health plans provide their members with various services and benefits, beyond the rights included in the health basket in accordance with the Health Insurance Law. Among other things, the HMOs provide participation in the financing of an egg donation abroad. Reimbursement for egg donation abroad is given by the three respondent health plans to women insured women only. The conditions of eligibility are not uniform and there are differences between the health plans, and there have also been changes over time in this regard. With regard to the financing of egg donation abroad, the HMOs did not change their supplementary plans even after the judgment was handed down in the case of the Arad-Pinkas High Court of Justice.
- In the absence of the possibility of conducting surrogacy procedures in Israel, from 2010 to 2017, the appellants used surrogacy services and egg donation abroad. The three appellants are the parents of descendants born from their sperm in a surrogacy proceeding, as detailed below: In 2010, the appellants Arad-Pinkas, who are same-sex couples, had their two older children, while they were insured by the supplementary services of respondent 1 (hereinafter – Maccabi). In 2014, Arad-Pinkas had their third daughter, when appellant 1 (hereinafter – Itai) was insured in the supplementary insurance plan of respondent 2 (hereinafter – Clalit). Appellant 3 (hereinafter – A), who is a single homosexual parent, had two daughters in 2015, when he was insured in the supplementary program of respondent 3 (hereinafter – Meuhedet).
- The three appellants are members of the supplementary programs operated by the health plans at the upper level. The three appellants turned to the HMOs retroactively, after performing egg donation procedures abroad and surrogacy, in order to receive funding for the egg donation process abroad. The appellants' request was denied on the grounds that funding for egg donation abroad was given only to women who could not conceive due to a medical problem, and not to men.
- The proceedings that are the subject of this appeal were filed in 2017 in the Tel Aviv District Court. In the District Court's decision of November 11, 2020, it was determined that "the unique substantive authority to hear the applications for approval is vested in the Regional Labor Court," and that "the claims will be transferred to the Tel Aviv-Jaffa Regional Labor Court, which is authorized to hear the requests for approval, in accordance with Section 79 of the Courts Law [Consolidated Version], 5744-1984."
- In a motion to certify a class action filed by Arad-Pinkas against Maccabi and Clalit [C. 11201-04-17], the following remedies were requested, inter alia:
- Approve the action filed with the motion to certify as a class action in accordance with the Class Actions Law.
- To determine that the claim will be filed on behalf of the following groups:
Group A - All those insured in the supplementary programs operated by Maccabi and Clalit who have undergone the process of entering into an agreement to carry embryos outside of Israel in the past seven years;