Act No. 116 / 2020 Coll.
Injury compensation law for compulsory vaccination
Valid
Law
Effective from 08.04.2020
Text versions:
08.04.2020
24.03.2020
116
THE LAW
of 4 March 2020
on compensation for damage caused by compulsory vaccination
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This law regulates the conditions under which the State replaces the damage caused by compulsory vaccination under the Public Health Protection Act (1).
(2) This law does not exclude the obligation of the State to make good the damage under other laws.
Injury margin
(1) The State shall replace the person who has undergone the compulsory vaccination carried out by the health service provider (2) (hereinafter referred to as the "vaccinated") if, as a result of the compulsory vaccination, he is responsible for particularly serious harm to the health of the vaccinated, suffering from pain, loss of earnings and difficulties in the social application caused by the compulsory vaccination. In such a case, the State shall also pay the cost effectively incurred for the care of the vaccinated person, for the care of his or her household to the person who has incurred them.
(2) The State shall provide compensation to the person close to the vaccinee for mental suffering if, as a result of compulsory vaccination, the person is killed or particularly seriously harmed by the vaccine.
Presumption of causal link between injury to health and compulsory vaccination
Where there is an injury to the health provided for in the implementing legislation as a likely consequence of the compulsory vaccination concerned and this result occurs after the compulsory vaccination has been carried out at the time provided for in this implementing legislation, the injury to the health shall be deemed to have been caused by the compulsory vaccination.
Application of the right to compensation
(1) The Ministry of Health (hereinafter referred to as "the Ministry") will apply for compensation for the damage vaccinated.
(2) The request for compensation for injury is made in writing and contains:
(a) the name, date of birth and address of the place of permanent residence of the vaccinated;
(b) the name of the health insurance undertaking in which the vaccinated is insured;
(c) a description of the causes of the injury and an indication of the extent of the injury, in particular who and when the vaccine has given, the nature of the injury to the vaccinated person, when the consequences of the compulsory vaccination in question occurred, as they have manifested themselves, how long they have lasted or whether they still exist;
(d) the designation of the selected vaccine, the use of which, according to the knowledge of the vaccinated, has been made; and
(e) the amount of compensation claimed.
(3) The application for compensation shall be accompanied by the documents necessary for the assessment of the right to compensation, in particular by medical reports from the health service providers on the provision of health services to the vaccinated person demonstrating the right to compensation.
(4) The vaccinated person may, for the purposes of assessing his right to compensation, consent to the Ministry to consult the medical file kept by the health service provider and to obtain extracts or copies of that medical file. This consent shall be attached to the application for compensation.
(1) The facts necessary for the assessment of the right to compensation will be examined by the Ministry without delay upon receipt of the request for compensation. In particular, the Ministry shall base its assessment on documents submitted or requested and on expert or expert opinions.
(2) The Ministry will grant compensation for the damage claimed if it concludes that the vaccinated person has the right under this law. If the amount of injury is proven to be less than the amount of injury claimed, the Ministry shall grant compensation to the amount of injury established. The amount of compensation granted shall be paid by the Ministry to the vaccinated person no later than 6 months after the date on which the application for compensation was received by the Ministry.
(3) If the Ministry does not, in part or in full, admit the amount of compensation to the vaccinated, without undue delay, not later than within the time limit referred to in paragraph 2, it shall inform it of its conclusion.
(4) If the Ministry does not pay compensation for the damage requested within the period referred to in paragraph 2, the vaccinated person may claim compensation for the damage in court.
(5) The limitation period shall not run from the date on which the application for compensation has been received by the Ministry until the date on which the beneficiary was informed by the Ministry that the requested compensation did not fully or partially grant it, but no longer than the time limit referred to in paragraph 2.
(6) The application of the right to compensation under this Act to the Ministry is a condition for the possible exercise of the right to compensation in court.
Independent expert commission
(1) The Ministry may set up an independent expert commission to assess complex cases.
(2) The members of an independent expert commission appointed and dismissed by the Ministry are always:
(a) a representative of the Ministry; a representative of the Ministry, who is always a healthcare professional, is also chairman of the Commission and manages its activities,
(b) at least 2 health professionals with an ability to pursue the health profession independently in the relevant field of healthcare;
(c) a person who has obtained a higher education in a Master's Law Study Programme.
(3) The members of an independent expert committee may not be persons who, having regard to their relationship with the vaccinated person or the provider who has carried out the vaccination, have reasonable doubts as to their bias.
(4) The independent expert committee shall discuss the case with the participation of at least half of all members, one of which shall always be a health care professional referred to in paragraph 2 (b).
(5) The independent expert panel shall examine the case on the basis of patient-led medical documentation and other facts identified for the purpose of the case assessment and draw up an entry which shall be forwarded to the Ministry without delay through the Chairman of the Commission. The minutes shall contain:
(a) a summary of the relevant data found;
(b) conclude a case with a clear statement as to whether the injury to health is the result of compulsory vaccination;
(c) other conclusions relevant to the assessment of the State's obligation to compensate the vaccinated.
Regression remuneration
If the Ministry finds that the occurrence of the damage may have been caused by an unlawful act of another person, it shall notify its findings to the health insurance undertaking with which the vaccinated person is insured. In addition to the notification, the Ministry is obliged to transmit to the health insurance undertaking all the information and documents necessary for the application of the reimbursement of the costs incurred for health services covered by the public health insurance which it has at its disposal. The Ministry shall comply with the notification obligation within 3 months of the date of the finding.
Authorisation provisions
The Ministry shall determine by decree the consequences of compulsory vaccination consisting of injury to the health for which, on the basis of medical knowledge, it is likely that they will occur and the period during which these consequences will occur after the compulsory vaccination has been carried out.
Provisions common and transitional
(1) In cases not covered by this law, the provision of compensation for the damage caused by compulsory vaccination is governed by the Civil Code.
(2) In the case of a request for compensation for damage received by the Ministry within the first 6 months of the date of entry into force of this Act, the period referred to in Article 5 (2) for payment of compensation for damage to be vaccinated shall be 12 months from the date on which the request for compensation for damage was received by the Ministry.
(3) Where a person close to the vaccinated person exercises the right to compensation for mental suffering, paragraphs 2 and 4 and 5 shall apply mutatis mutandis.
Efficacy
This Act shall take effect on the 15th day following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
1) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. Decree No. 537 / 2006 Coll., on vaccination against infectious diseases, as amended.
2) Act No. 372 / 2011 Coll., on Health Services and the Conditions for Their Provision (Health Services Act), as amended.
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Regulation Information
| Citation | Act No 116 / 2020 Coll., on Compensation for Injury caused by compulsory vaccination |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.03.2020 |
|---|---|
| Effective from | 08.04.2020 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Health
The regulation text is for informational purposes only.
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