Act No. 127 / 1998 Coll.
Act amending Act No. 592 / 1992 Coll., on Insurance against General Health Insurance, as amended, Act No. 48 / 1997 Coll., on Public Health Insurance, and amending and supplementing certain related laws, as amended, Act No. 551 / 1991 Coll., on General Health Insurance Company of the Czech Republic, as amended, Act No. 280 / 1992 Coll., on Resorts, Business and Other Health Insurance Companies, as amended, and Act No. 21 / 1992 Coll., on Banks, as amended
Valid
Law
Effective from 30.06.1998
127
THE LAW
of 19 May 1998
amending Act No. 592 / 1992 Coll., on Insurance against General Health Insurance, as amended, Act No. 48 / 1997 Coll., on Public Health Insurance, and amending and supplementing certain related laws, as amended, Act No. 551 / 1991 Coll., on General Health Insurance Company of the Czech Republic, as amended, Act No. 280 / 1992 Coll., on Resorts, Business and Other Health Insurance Companies, as amended, and Act No. 21 / 1992 Coll., on Banks, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 592 / 1992 Coll., on Insurance against General Health Insurance, as amended by Act No. 10 / 1993 Coll., Act No. 15 / 1993 Coll., Act No. 161 / 1993 Coll., Act No. 324 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 241 / 1994 Coll., Act No. 59 / 1995 Coll., Act No. 149 / 1996 Coll. and Act No. 48 / 1997 Coll., is amended as follows:
1.
The basis of assessment for the person for whom the insurance State is the payer is the insurance State, 37) is CZK 2900. "
2. the following paragraph 5 shall be added to Article 18, including footnote 41:
"(5) For the purposes of the specific legislation41), debt premiums shall also be considered as debt periodic penalty payments.
41) For example, Act No 328 / 1991 Coll., on bankruptcy and settlement, as amended, Act No 549 / 1991 Coll., on judicial fees, as amended, Act No 21 / 1992 Coll., on banks, as amended. '
3. In Article 23, the following sentence is added at the end of paragraph 1: "The obligation to maintain confidentiality shall not apply to information relating to the amount of the insurance debt, including the amount of the penalty due, if it is a premium payer for whom the enforcement of the judgment in respect of insurance premiums has been ordered. '
4. In Paragraph 25, the following paragraph 3 is inserted after paragraph 2:
"(3) Employers shall, at the latest on the due date of the insurance premiums, transmit to each health insurance undertaking for which their employees are insured, an overview of the premiums payments, which shall include the sum of the assessment bases of the employees insured with the health insurance undertaking concerned, the total amount of premiums calculated as the sum of the premiums of the individual employees insured with the health insurance undertaking concerned and the number of employees covered by the data. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
5. after Paragraph 25, the following Section 25a is inserted:
Likely amount of premiums
(1) If the employer has failed to comply with the obligation to provide an overview in accordance with Article 25 (3) or if the self-employed person has failed to comply with the obligation to provide an overview in accordance with Article 24 (2) and (3) and this obligation has not been fulfilled even within the time limit specified by the relevant health insurance undertaking in the written notice, the competent health insurance undertaking may, by decision, determine the likely level of premiums if the premium payer has been brought to the attention of that effect in the notice.
(2) In determining the likely level of premiums, the relevant health insurance undertaking shall base itself on the data and equipment available to it or it shall provide itself. Information on the number of employees of the employer may be requested from the employment office by the health insurance undertaking concerned; that authority shall communicate such information to it, if available. If, due to the lack of supporting evidence, it is not possible to determine the likely level of income of an employee or self-employed person, for the purposes of determining the likely level of premiums, their monthly income shall be deemed to be 1,5 times the general assessment base for the calendar year, 42), which shall be two years preceding the calendar year in which the health insurance undertaking concerned determines the likely level of premiums; for a self-employed person, this amount shall be deemed to constitute his monthly income from self-employment, which is already reduced by the costs incurred in achieving, securing and maintaining him.
(3) The determination of the likely level of premiums is without prejudice to the obligation to submit an overview pursuant to § 24 (2) and (3) or Article 25 (3) or to the possibility of imposing a fine under § 26. If this summary is subsequently submitted, the competent health insurance company shall cancel the decision on the likely amount of the premiums.
(4) The premium payers are required to pay periodic penalty payments on a debt equivalent to the amount of the premium, from the date immediately following the due date of the premium (§ 5 (2) and § 7 (2)) in respect of which no summary has been submitted pursuant to § 24 (2) and (3) or Article 25 (3), to the date on which that summary was submitted, including that date. The provisions of the first sentence shall apply even if the periodic penalty payment of the likely amount of premiums is higher than the periodic penalty payment of premiums according to the inventory referred to in Article 24 (2) and (3) or Article 25 (3); If the periodic penalty payment of the likely amount of premiums is lower than the periodic penalty payment of premiums according to this schedule, the payer of the premium shall pay this difference.
42) Article 17 (2) of Act No. 155 / 1995 Coll., on Pension Insurance. '
6. The following Section 26c is inserted after Section 26b:
Debt write-off
(1) The insurance and periodic penalty payments due may be written off by the relevant health insurance undertaking if this debt is completely unrecoverable. Such a debt on premiums and periodic penalty payments which has been enforced without result on the payer of the premium and on other persons on which the debt may have been recovered, or would not have led to a result or is likely to exceed its recovery costs. An insurance and periodic penalty payment with an employer who has been removed from the Commercial Register or another legally designated register or registered register with the competent authority in the Czech Republic shall also be deemed to be impenetrable if the debt has not been passed on to his legal successor and the insurance and periodic debt with the natural person who died if the debt has not been passed on to the heir of that person.
(2) The write-off for non-availability shall not be communicated to the policy payer or to any other person who is obliged to pay the insurance and periodic penalty payment; the insurance and periodic penalty payment shall continue until the right to enforce the debt has been barred. ';
Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws, as amended by Act No. 242 / 1997 Coll. and Act No. 2 / 1998 Coll., is amended as follows:
1. in Article 7 (1) at the end of point (l), the dot is replaced by a comma and the following point (m) is added:
"(m) minors placed in educational establishments for the performance of constitutional education and protection."
2. In Article 53 (1), the words "and the likely amount of premiums' shall be replaced by a comma in the sentence after the words" the premium '.
3. In Paragraph 61, "30 June 1998 'is replaced by" 31 December 1999'.
Act No. 551 / 1991 Coll., on the General Health Insurance Company of the Czech Republic, as amended by Act No. 592 / 1992 Coll., Act No. 10 / 1993 Coll., Act No. 60 / 1995 Coll., Act No. 149 / 1996 Coll., Act No. 48 / 1997 Coll., Act No. 305 / 1997 Coll. and Act No. 93 / 1998 Coll., is amended as follows:
1. In Article 2, the following paragraph 2 is inserted after paragraph 1:
"(2) The insurance company shall provide remuneration for the performance of preventive and specific health care for workers for whom the nature of the work carried out requires increased health care, hereinafter referred to as" specific health care. "'
Paragraph 2 shall become paragraph 3.
2. In Section 4, the dot at the end is replaced by a comma and the following point (e) is added:
"(e) income from employers for whom the nature of the work carried out requires increased health care for workers in order to cover the health performance referred to in Article 2 (2)."
3. In Article 5 (d), the part of the sentence after the semicolon is deleted. The centre shall be replaced by a comma and the following point (e) shall be added:
"(e) remuneration for the performance of preventive and specific health care."
4. Paragraph 6 (7) is deleted.
5. in Article 7 (1) (c):
"(c) the operational fund;"
the following points (d) to (f) are inserted after point (c):
"(d) the Social Fund;
(e) investment property fund;
(f) the capital reproductions fund. "
6. in Article 7, the following paragraphs 2, 3 and 4 are inserted after paragraph 1, including Notes 9 and 10:
"(2) The insurance undertaking may create:
(a) a fund for the payment of racing preventive care and specific health care; The resources of the Fund shall be the revenue referred to in Article 4 (e). The creation of this fund is conditional on the fulfilment of the reserve fund and at the same time the balance sheet of the insurance undertaking's economy,
(b) a prevention fund to finance preventive programmes beyond preventive care under a special law. 9) The fund's resources are funds from the share of positive economic result after tax provided by the statutory bodies of the Insurance Corporation for activities carried out in addition to the implementation of public health insurance, in accordance with the laws and the Statute of the Insurance Corporation.
(3) The Ministry of Finance shall, after consulting the Ministry of Health, provide for a more detailed definition of the heading and amount of the funds' revenue and expenditure referred to in paragraph 1, the conditions for their creation, use, the admissibility of transfers of funds and their management, the limit of the cost of operating under Section 5 (d) covered by the resources of the basic fund, including the funds obtained from insurance premiums for public health insurance after redistribution, the proceeds of periodic penalty payments, premiums and damages which the insurance undertaking may use to create an operational fund for each financial year, including the calculation procedure for this limit.
(4) Remuneration of the social fund or, where appropriate, of another fund created within the allowed ceiling, the maximum amount of the cost of the activity and the maximum amount of expenditure on the acquisition of tangible and intangible assets 10), drawn up in accordance with the decision of the Management Board for the benefit of the staff of the Insurance Corporation, shall be transferred on 1 January 1999 as an exceptional allocation to the Social Fund. Where an insurance undertaking has created an operational fund within this limit, its balance shall be transferred to the following period. Financial balances of other special-purpose funds shall be transferred on 1 January 1999 as an exceptional allocation of the reserve fund. If the insurance undertaking has a reserve fund, it shall transfer the balance of the special-purpose funds to the basic fund. The transfer of the remaining balance of special-purpose funds shall be carried out by the Insurance Corporation in accordance with the conditions set out in the Ministry of Finance Decree using the transfer bridge of the new account schedule.
9) Article 29 of Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws.
10) Paragraph 1 of Decree No 301 / 1997 Coll., which sets the maximum amount of the cost of the activity and the maximum amount of expenditure on the acquisition of the tangible and intangible assets of health insurance companies. '
Paragraphs 2 and 3 shall become paragraphs 5 and 6.
7. In Section 9, the following sentence is added at the end: "The insurance undertaking is required to keep accounts according to the special accounting schedule and the accounting procedure for health insurance undertakings issued by the Ministry of Finance. '.
8. In Paragraph 11, the following sentence is added at the end, including footnote 11: "The tax liability shall not be subject to interest received from the public health insurance contributions and the compensation received. 11)
11) § 55 of Act No. 48 / 1997 Coll. '
9. In Paragraph 18 (4), the following sentence is added at the end: "The representative of the State of the Board of Insurance may be removed from office (Paragraph 20 (5)) even before the expiry of the term of office."
10.Paragraph 20 (5) reads:
"(5) The representative of the State to the Administrative Council shall be appointed and dismissed by the Government of the Czech Republic on a proposal from the Minister for Health. '
Act No. 280 / 1992 Coll., on departmental, branch, corporate and other health insurance companies, as amended by Act No. 10 / 1993 Coll., Act No. 15 / 1993 Coll., Act No. 60 / 1995 Coll., Act No. 149 / 1996 Coll., Act No. 48 / 1997 Coll. and Act No. 93 / 1998 Coll., is amended as follows:
1. In the last sentence of Paragraph 6a (3), the word "purposeful 'is deleted.
2. in Article 10 (1), point (b) is deleted;
Points (c) to (i) shall be renumbered (b) to (h).
3. In Article 13 (d), the part of the sentence after the semicolon is deleted. The centre shall be replaced by a comma and the following point (e) shall be added:
"(e) remuneration for the performance of preventive and specific health care."
4. In Article 16 (1), the dot at the end is replaced by a comma and the following points (c) to (f) are added:
"(c) the operational fund;
(d) the Social Fund;
(e) investment property fund;
(f) the capital reproductions fund. "
(5) Paragraph 16 (2), including footnote 17, reads as follows:
"(2) Employee insurance may constitute:
(a) a fund for the payment of racing preventive care and specific health care; the resources of the Fund are revenue pursuant to Article 12 (2) (a). The creation of this fund is conditional on the fulfilment of the reserve fund and at the same time the balance sheet of the employee insurance undertaking,
(b) a prevention fund to finance preventive programmes beyond preventive care under a special law. 17) The fund's resources are funds from the share of positive economic result after tax provided by the statutory bodies of the occupational insurance undertaking for activities carried out by the occupational insurance undertaking in accordance with the laws and regulations of the occupational insurance undertaking, and revenue pursuant to Paragraph 19 (1) above.
17) Article 29 of Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws. '.
6. In Article 16 (3), the following sentence is added at the end: "The Employee Insurance Corporation is required to keep accounts according to the special accounting chart and accounting procedures for health insurance undertakings issued by the Ministry of Finance. '.
7. In Article 16, paragraphs 4 and 5 are added, including footnote 18:
"(4) The Ministry of Finance shall, after consulting the Ministry of Health, provide for a more detailed definition of the heading and amount of the funds' revenue and expenditure referred to in paragraph 1, the conditions for their creation, use, the admissibility of transfers of funds and their management, the limit of the cost of the activities of the occupational insurance undertaking, with the exception of the cost of the activities referred to in paragraph 8, covered by the resources of the basic fund, the funds obtained from the insurance premiums on public health insurance after the reallocation, the proceeds of periodic penalty payments, premiums and damages which the occupational insurance undertaking may use for the creation of the operational fund for each financial year, including the calculation procedure for this limit.
(5) Remuneration of the social fund or, where applicable, of another fund created within the permitted limit of the maximum amount of activity costs and the maximum amount of expenditure on the acquisition of tangible and intangible assets 18) drawn up in accordance with a decision of the Management Board for the benefit of employees of an occupational insurance company shall be transferred on 1 January 1999 as an exceptional allocation to the social fund. Where an employee undertaking has created an operational fund within this limit, its balance shall be transferred to the following period. Financial balances of other special-purpose funds shall be transferred on 1 January 1999 as an exceptional allocation of the reserve fund. Where the employee insurance undertaking has a reserve, it shall transfer the balance of the special-purpose funds to the basic fund. The transfer of other FVCs' balances shall be carried out by the employee insurance company in accordance with the conditions set out in the Ministry of Finance decree using the transfer bridge of the new account schedule.
18) Paragraph 1 of Decree No 301 / 1997 Coll., which sets the maximum amount of the cost of the activity and the maximum amount of the cost of the acquisition of the tangible and intangible assets of health insurance companies. '
8. Paragraph 19 (1) reads as follows:
"(1) The funds generated by the use of the basic fund by the employee insurance undertaking and the revenue generated by the premiums, fines and late payments charged by that insurance undertaking in the field of public health insurance shall not be used by the employee insurance undertaking as a source of the prevention fund unless the insurance undertaking has a full reserve and manages in a balanced manner. '
9. In Paragraph 20, the following sentence is added at the end, including footnote 19: "The tax liability shall not be subject to interest received from the public health insurance contributions and the compensation received. 19)
19) § 55 of Act No. 48 / 1997 Coll. '
Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 264 / 1992 Coll., Act No. 292 / 1993 Coll., Act No. 156 / 1994 Coll., Act No. 83 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 61 / 1996 Coll., Act No. 306 / 1997 Coll. and Act No. 16 / 1998 Coll., is amended as follows:
In Article 38 (3), the dot is replaced by a comma and the following point (g) is added:
"(g) health insurance undertakings in the case of a public health insurance claim which the client owes; This also applies to the recovery of this premium. '
Transitional provisions
1. The competent health insurance undertaking may determine the likely level of premiums only if the written notice referred to in point (a) of Article 2 (1) has been given. Point 5 of the Act was also made after 29 June 1998.
2. The amount to be reported in column 060 of this row: Point 4 of this Act shall be submitted for the first time in July 1998.
Efficacy
This Law shall take effect on 30 June 1998, with the exception of Articles III (1) to (8) and IV, which shall take effect on 1 January 1999.
Zeman v. r.
Havel v. r.
Tošovský v. r.
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Regulation Information
| Citation | Act No. 127 / 1998 Coll., amending Act No. 592 / 1992 Coll., on Insurance against General Health Insurance, as amended, Act No. 48 / 1997 Coll., on Public Health Insurance, and amending and supplementing certain related laws, as amended, Act No. 551 / 1991 Coll., on General Health Insurance Company of the Czech Republic, as amended, Act No. 280 / 1992 Coll., on Department, Business and Other Health Insurance Companies, as amended, and Act No. 21 / 1992 Coll., on Banks, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.06.1998 |
|---|---|
| Effective from | 30.06.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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