JPRFM-2026-042-T — Approves the 'Regulation for the Exercise of the Rights of Cancer Survivors'

THE BOARD OF FINANCIAL AND MONETARY POLICY AND REGULATION CONSIDERING:
That, the Constitution of the Republic of Ecuador, in article 226, prescribes that public servants or employees and persons acting by virtue of state authority shall exercise only the powers and faculties attributed to them in the Constitution and the Law; That, article 227 ibidem states that Public Administration constitutes a service to the community that is governed by the principles of efficacy, efficiency, quality, hierarchy, coordination, planning, among others; That, the first paragraph of article 303 of the constitutional norm determines that the formulation of monetary, credit, exchange, and financial policies is the exclusive faculty of the Executive Function and shall be implemented through the Central Bank of Ecuador; That, on October 13, 2025, the Organic Law Reforming the Organic Monetary and Financial Code was published in the Sixth Supplement of Official Register No. 142; That, article 13 of the Organic Monetary and Financial Code creates the Board of Financial and Monetary Policy and Regulation, part of the Executive Function, as an body with functional, technical, institutional autonomy, and in its decisions, responsible for the formulation of monetary, credit, financial, securities, insurance, and prepaid comprehensive health care services policy and regulation. The Board of Financial and Monetary Policy and Regulation shall be the highest governing body of the Central Bank of Ecuador; That, article 17 of the referred Code, in its relevant part, determines that:
"(...) For the fulfillment of these functions, the Board shall issue regulations in matters within its competence, without being able to alter legal provisions. The Board of Financial and Monetary Policy and Regulation may issue regulations by segments, economic activities and other criteria. It may also reform or repeal regulations of the defunct Monetary Policy and Regulation Board, Financial Policy and Regulation Board, or the Monetary and Financial Policy and Regulation Board. All norms and policies issued by the Board of Financial and Monetary Policy and Regulation in the exercise of its functions, duties and powers must be supported by duly substantiated technical and legal reports (...)"; That, article 18, numerals 6, 12, 13, 18 literal b), 20 and 24 of the referred Code establishes the specific functions of the Board of Financial and Monetary Policy and Regulation. In particular, it empowers it to regulate the activities and operation of financial entities, insurance entities and prepaid comprehensive health care service entities; to issue the non-prudential regulatory framework for all financial entities, insurance and prepaid comprehensive health care service entities, which shall include, among others, norms of transparency, information disclosure and consumer protection; to promote financial inclusion processes and the full exercise of financial users' rights; to establish, within the framework of its competencies, any measure that contributes to protecting the privacy of individuals in relation to the dissemination of their personal information; to issue the norms that regulate insurance and reinsurance; and, to apply the provisions of the referred Organic Code; That, article 24 of the same Code provides that the acts of the Board of Financial and Monetary Policy and Regulation enjoy the presumption of legality and shall be expressed through resolutions that shall have mandatory force, which shall govern from their publication in the Official Register, or from the date of their issuance when so determined by the Board, in accordance with the matter; That, article 25.3 establishes among the functions of the Technical Secretariat the preparation of technical and legal reports that support regulatory proposals, to provide technical and administrative support to the Board of Financial and Monetary Policy and Regulation and others assigned by said Board; That, article 36, numeral 4, of the same Code provides as functions of the Central Bank of Ecuador to prepare and present the reports required by the Board of Financial and Monetary Policy and Regulation; That, articles 62, 74 and 78 of the Organic Monetary and Financial Code establish that within the functions and attributions of the Superintendency of Banks, the Superintendency of Popular and Solidarity Economy, and the Superintendency of Companies, Securities and Insurance, they are responsible for the vigilance, auditing, control and supervision of the private financial sector, the
popular and solidarity financial sector; and, the securities market, the insurance regime and non-financial private law legal entities, respectively; That, the Twenty-Ninth General Provision ibidem states: "In the current legislation in which mention is made, indistinctly, of the Monetary and Financial Policy and Regulation Board, the Monetary Policy and Regulation Board; or, the Financial Policy and Regulation Board, replace and understand as 'Board of Financial and Monetary Policy and Regulation'"; That, Article 25 of the Organic Monetary and Financial Code, Book III "General Insurance Law", states that it is the responsibility of the Superintendency of Companies, Securities and Insurance to determine the clauses that policies must mandatorily contain, as well as those considered prohibited, which shall be without effect and deemed unwritten if they exist; it provides that premium rates and technical notes shall require prior authorization; and, it requires that policies respond to norms of equality and equity between the contracting parties and that premium rates result from statistical information that meets requirements of homogeneity and representativeness or from the backing of reinsurers of recognized solvency. That, articles 17, 23, 24 and 30 of the Organic Law Regulating Companies that Finance Comprehensive Prepaid Health Care Services and Insurance Companies that Offer Medical Assistance Insurance Coverage attribute to the Superintendency of Companies, Securities and Insurance the power of vigilance and control over said companies, including the prior approval of plans, programs and modalities, the determination of mandatory clauses for contracts and standard policies and the identification of abusive ones; they provide that the structure and content of contracts shall be subject to said mandatory clauses; they establish that the contractual object shall include the financing obligation and the detail of approved benefits, their contents, scope and limits; and, they set mandatory clauses in favor of affiliates and insured parties, among them the prohibition of increasing rates or premiums and of denying renewal due to chronic or catastrophic diseases arising after contracting; That, on March 4, 2026, in the Seventh Supplement of Official Register No. 236, the Organic Law for Comprehensive Cancer Care was published; That, article 3, numeral 10, of the Organic Law for Comprehensive Cancer Care enshrines the principle of confidentiality, by virtue of which information related to patients and their families must be considered sensitive data, with strict compliance with regulations on personal data protection and management. For its part, article 4 ibidem contains the general definitions applicable to said Law, without prejudice to those established in its regulations; That, article 6 of the Organic Law for Comprehensive Cancer Care recognizes to cancer survivors —those fully recovered and without relapse for five years from the conclusion
of treatment, or three years if the diagnosis was before eighteen years of age— the rights to oncological oblivion in the face of any legal transaction or contract; to equitable access to medical assistance insurance coverage and prepaid comprehensive health care plans, without rejection or disproportionate tariff increase; and, to equality and non-discrimination in life insurance, mortgage loans and other financial services, without obligation to declare said history; That, Article 37 of the same Organic Law attributes to the national health authority, as the governing body of the National Health System, the competence for the formulation, issuance, evaluation and control of public health policy in the oncology branch, as well as for the issuance of technical regulations for the application of the referred Law; That, the Fourth Transitory Provision of the same legal body establishes that, within a period of one hundred eighty (180) days counted from its publication, the entity in charge of supervising, controlling and regulating financial institutions and the technical body in charge of overseeing and controlling insurance companies and companies that offer prepaid comprehensive health care plans shall issue the necessary regulations to ensure that institutions of the financial system and insurance companies, respectively, adapt their contracts, general conditions and internal procedures, guaranteeing the right to oncological oblivion recognized in said Law; That, the First Transitory Provision of the Organic Law Reforming the Organic Monetary and Financial Code determines that the members of the Board of Financial and Monetary Policy and Regulation, sworn in on September 16, 2025 by the National Assembly, shall continue to exercise their functions for the periods for which they were appointed and shall maintain their labor continuity and acquired rights; That, by Official Letter No. T.233-SGJ-25-098, of September 5, 2025, the Constitutional President of the Republic submitted to the President of the National Assembly the list of candidates for the designation of the members of the Board of Financial and Monetary Policy and Regulation, as well as the temporality of their permanence within the initial period; That, the Plenary of the National Assembly, on September 16, 2025, designated and swore in the members of the Board of Financial and Monetary Policy and Regulation; That, by Official Letter No. SCVS-INS-2026-00082636-O of May 19, 2026, the SCVS submitted to the JPRFM the draft "Regulation for the application of the Organic Law for Comprehensive Cancer Care", with the respective technical and legal reports; and, its purpose was to comply with the provisions of the Fourth Transitory Provision of the Organic Law for Comprehensive Cancer Care; That, the Board of Financial and Monetary Policy and Regulation, by ordinary session No. 020-2026, in person, on October 2, 2026, took cognizance of the proposal submitted by Memorandum No.
BCE-BCE-2026-0429-M, of September 30, 2026, by the General Manager of the Central Bank of Ecuador to the President of the Board of Financial and Monetary Policy and Regulation; as well as, Technical Report No. BCE-GESFM-015-2026 / BCE-SESSSP-004-2026, of September 29, 2026; and, Legal Report No. BCE-GJ-096-2026, of September 29, 2026; and, In exercise of its functions and in accordance with article 24 of the Organic Monetary and Financial Code, the Board of Financial and Monetary Policy and Regulation, RESOLVES:
Article 1.- Incorporate, after Title III "On the Prevention, Detection and Combat of the Crime of Money Laundering and the Financing of Other Crimes", Book V "Common Application Rules for Regulated Sectors" of the Codification of Monetary, Financial, Securities and Insurance Resolutions, the following title:
"TITLE IV: ON COMPREHENSIVE CANCER CARE
CHAPTER I: REGULATION FOR THE EXERCISE OF THE RIGHTS OF CANCER SURVIVORS"
SECTION I: OBJECT AND SCOPE
Article 1.- Object. The purpose of this regulation is to establish a regulatory framework for exercising the right to oncological oblivion, the right to equitable coverage, and the right to equality and non-discrimination for cancer survivors, in accordance with the provisions of the Organic Law for Comprehensive Cancer Care and other current regulations.
Article 2.- Scope. This regulation shall be applicable to insurance companies, companies that finance prepaid comprehensive health care services, and financial entities of the national financial system.
SECTION II: RIGHTS OF CANCER SURVIVORS
Article 3.- Rights of cancer survivors. Persons who have been diagnosed with cancer and are fully recovered, with no evidence of relapse, for a minimum period of five (5) years counted from the conclusion of curative treatment or three (3) years when the diagnosis occurred before eighteen (18) years of age, shall enjoy the following rights enforceable against companies that finance prepaid comprehensive health care services, insurance companies that offer medical assistance or life insurance coverage; or, entities of the national financial system:

1. Oncological oblivion.- The medical history related to the overcome oncological pathology may not be required, inquired about, or used, to the detriment of the interests of the affiliate, insured, beneficiary, or applicant. Said oncological history may not be the basis for clauses, exclusions, restrictions, discriminations, or more onerous conditions, nor for the refusal of contracting or renewal.
2. Equitable coverage.- Recovered persons shall access medical assistance insurance coverage and prepaid comprehensive health care plans, under equitable benefit conditions compared to other insured parties or affiliates of the same contracted plan.
3. Equality and non-discrimination.- Recovered persons shall access life insurance, mortgage loans, and other financial services under equal conditions, without being required to declare their oncological medical history, nor may said history be used, directly or indirectly, as a criterion for restriction in access to said products and services.
   The rights described above do not exempt the insured, affiliate, or applicant from objectively declaring the state of risk, prior to the perfection of the insurance contract or the prepaid comprehensive health care plan.
   SECTION III: OBLIGATIONS AND PROHIBITIONS
   Article 4.- Obligations of insurance companies, companies that finance prepaid comprehensive health care services, and financial entities of the national financial system. Insurance companies, companies that finance prepaid comprehensive health care services, and entities of the national financial system, with respect to recovered persons, must:
   a. Eliminate and refrain from incorporating discriminatory clauses based on oncological diagnosis or cancer history. b. Guarantee equitable contractual conditions, objective, reasonable, proportional subscription processes based on technical criteria.
   Article 5.- Prohibitions applicable to insurance companies and companies that finance prepaid comprehensive health care services. With respect to recovered persons, insurance companies and companies that finance prepaid comprehensive health care services may not:
   a. Apply surcharges or tariff increases based on oncological history. b. Establish exclusions or coverage limitations due to the overcome oncological pathology.
   c. Impose differentiated contractual conditions based on oncological history.
   d. Deny access to products and services, or their renewal, for reasons directly or indirectly related to oncological history.
   The provisions of this article do not limit the faculty of insurance companies and companies that finance prepaid comprehensive health care services to evaluate applications based on objective, technical or actuarial criteria, inherent to the nature of the product or service, such as subscription forms, health declarations or other criteria permitted by the legal system, provided that these do not directly or indirectly imply the use of the oncological history with respect to which the rights contained in this regulation operate.
   Article 6.- Prohibition applicable to entities of the national financial system. With respect to recovered persons, entities of the national financial system may not use oncological medical history to deny, restrict, condition, or exclude access to mortgage loans or other financial services.
   The provisions of this article do not limit the faculty of entities of the national financial system to evaluate applications based on objective criteria inherent to the nature of the product or service, such as payment capacity, debt level, credit behavior or other criteria permitted by the legal system, provided that these do not directly or indirectly imply the use of the oncological history with respect to which the rights contained in this regulation operate.
   SECTION IV: ON PRODUCTS AND SERVICES
   Article 7.- On insurance products and services. Insurance companies must adapt their contracts, general, special and particular conditions, rates, subscription documents, subscription processes and internal procedures, in order to ensure the exercise of the rights of recovered persons provided for in this regulation.
   In the case of medical assistance insurance, the approval of products, contractual conditions, rates and other corresponding documents shall be subject to the procedure provided for in the Organic Law Regulating Companies that Finance Comprehensive Prepaid Health Care Services and Insurance Companies that Offer Medical Assistance Insurance Coverage, its Regulations and other applicable regulations.
   Article 8.- On prepaid health products and services. Companies that finance prepaid comprehensive health care services must adapt their contracts, plans, programs, rates, subscription documents, subscription processes and internal procedures for contracting prepaid health plans, in accordance with the provisions of this regulation.
   GENERAL PROVISIONS
   FIRST.- At any stage or phase, the Superintendency of Companies, Securities and Insurance shall be empowered, ex officio or at the request of a party, to request information from insurance companies and prepaid health companies regarding the implementation of the provisions of this regulation.
   SECOND.- The Superintendency of Companies, Securities and Insurance, within the scope of its competencies, shall be responsible for the control and supervision of the implementation and compliance with the provisions of this regulation. Non-compliance with these provisions shall be sanctioned in accordance with the provisions of the Organic Law for Comprehensive Cancer Care and other applicable regulations. THIRD.- The Superintendency of Banks and the Superintendency of Popular and Solidarity Economy, within the scope of their competencies, shall ensure that the entities of the national financial system comply with the provisions related to the rights of cancer survivors, provided for in this regulation, the Organic Law for Comprehensive Cancer Care and other current regulations. FOURTH.- Cases of doubt that arise in the application of this regulation shall be resolved by the Superintendency of Companies, Securities and Insurance, the Superintendency of Banks and the Superintendency of Popular and Solidarity Economy, within the scope of their competencies. FIFTH.- Insurance companies and companies that finance prepaid comprehensive health care services must inform, clearly, expressly and in writing or by verifiable electronic means, insured parties, beneficiaries and affiliates, in the first renewal communication after the entry into force of this regulation, about the existence of their rights. SIXTH.- Insurance companies, companies that finance prepaid comprehensive health care services and financial entities of the national financial system, in the treatment of information related to oncological medical history and other personal data necessary for the exercise of the rights provided for in this regulation, shall observe the provisions of the Organic Law on Personal Data Protection, its General Regulations and other applicable regulations. TRANSITORY PROVISIONS FIRST.- The Superintendency of Companies, Securities and Insurance, within the period provided for in the Fourth Transitory Provision of the Organic Law for Comprehensive Cancer Care, must issue or reform its control regulations for the application and implementation of the rights of cancer survivors, in accordance with the provisions of this regulation, the Organic Law for Comprehensive Cancer Care, its General Regulations, what the National Health Authority determines within the scope of its competencies and the applicable regulations. SECOND.- Once the Superintendency of Companies, Securities and Insurance issues the control regulations provided for in the first transitory provision, companies shall have a period of six (6) months to adapt and submit for approval and registration, contracts and other corresponding documents before the competent bodies. During this period, in current contracts and those undergoing renewal, the provisions contained in the Organic Law for Comprehensive Cancer Care shall be understood to be included, for the exercise of the rights of recovered persons.
   Any stipulation that contradicts them shall be without effect and shall be deemed unwritten. The lack of updating of contracts and corresponding documents may not be invoked to deny, restrict or condition their application. The Superintendency of Companies, Securities and Insurance shall establish a specific and expedited procedure for updating products, contracts, services, plans or documents necessary for the exercise of the rights of cancer survivors. This procedure shall be applicable for express requests from the insured, affiliate or contracting party to insurance companies and companies that finance prepaid comprehensive health care services, who require conditions or stipulations for their full exercise; and, for cancer survivors who wish to access insurance or prepaid health contracts. FINAL PROVISION. - This resolution shall enter into force upon its issuance, without prejudice to its publication in the Official Register.

The General Secretariat of the Central Bank of Ecuador shall be responsible for its publication on the institutional website and the update of the Codification of Monetary, Financial, Securities, and Insurance Resolutions.COMMUNICATE AND PUBLISH. - Given in the city of Quito D.M., on October 02, 2026.THE PRESIDENTMgs. Gustavo Estuardo Camacho DávilaThe preceding resolution was provided and signed by Master Gustavo Estuardo Camacho Dávila - President of the Board of Financial and Monetary Policy and Regulation, in the city of Quito D.M., on October 02, 2026. - I CERTIFY IT.TECHNICAL SECRETARIATAbg. Ninoska Geovanna Ceballos Pin