Act No. 176 / 2002 Coll.
Act amending Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related laws, as amended, and Act No. 592 / 1992 Coll., on General Health Insurance Insurance, as amended
Valid
Law
Effective from 01.07.2002
176
THE LAW
of 9 April 2002
amending Act No 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related laws, as amended, and Act No 592 / 1992 Coll., on General Health Insurance Insurance, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Public Health Insurance Act
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., Act No. 2 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 225 / 1999 Coll., Act No. 363 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2000 Coll., the Constitutional Court Act No. 167 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 258 / 2000 Coll., and Act No. 459 / 2000 Coll., is amended as follows:
1. in Article 5 (c):
"(c) has a permanent residence on the territory of the Czech Republic, but it is not mentioned under the preceding letters and is not followed by a paying member of the insurance company, provided that the facts remain throughout the calendar month."
2. In Paragraph 8 (4), the first words "or, where healthcare is provided abroad without direct reimbursement under international agreements' are deleted and in the fourth sentence, part of the sentence after the semicolon is deleted and the semicolon is replaced by a dot.
3. In Paragraph 53 (1), the first dot is replaced by a comma at the end of the sentence and the words "unless otherwise provided for by this law 'are added.
4. Paragraph 53 (3) reads as follows:
"(3) The member of the arbitration panel may be remunerated for the performance of his duties, as decided by the Board of Directors of the sickness insurance undertaking. ';
5. The following Section 53a is inserted after Section 53:
(1) The health insurance company can remove hardness that would occur at the time of the prescription of a periodic penalty payment which does not exceed CZK 20,000 at the date of delivery of the application for the removal of hardness.
(2) The arbitration authority may remove hardness which would occur when imposing a fine, measuring the premium on insurance premiums or the prescription of a penalty payment of more than CZK 20,000.
(3) The removal of hardships referred to in paragraph 1 or 2 may not be decided if:
(a) the payer has not paid health insurance premiums due until the date of the decision to waive the fine, premium or periodic penalty payment;
(b) an application for a declaration of bankruptcy has been filed on the premium payer;
(c) the premium payer has entered liquidation.
(4) The immunity of a fine, premium or periodic penalty payment shall be decided on the basis of a written application by the payer of the insurance or other authorised person (the applicant). The application may be made until the decision imposing a fine has become final or a premium on the insurance premiums or a periodic penalty payment is imposed; where new facts have arisen which the applicant could not apply until the date on which the decision became legal, without fault, the application may be lodged within three years of the legal power of the decision.
(5) The general rules on administrative procedures shall not apply to proceedings for immunity, premium or periodic penalty payments. 47) The decision to remove hardships shall be final. "
6. The following Section 53b is inserted after Section 53a:
Service by public decree
(1) The health insurance undertaking shall use a public notice in the procedure provided for in Paragraph 53 (1) in the event that it is not aware of the stay or registered office of the party to the proceedings, or in the event that the party does not stay at the place of his stay, his seat or his address for service notified to the undertaking.
(2) Service by a public order shall be carried out by the health insurance undertaking by posting at its registered office for a period of 15 days in a manner at the place of usual notification of the place of deposit of the document with its precise designation; the notification shall also be posted at the head office of the local health insurance undertaking's organisational unit serving the document. The last day of the period referred to in the first sentence shall be deemed to be the day of delivery. ';
7. footnote 48 shall read:
"48) Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Insurance Act), as amended."
Transitional provision
The claims of premium payers to waive the fine, premium or periodic penalty payments made to the arbitration body before the entry into force of this law and the arbitration body until the date of entry into force of this law undecided shall be assessed under this law.
Amendment to the General Health Insurance Insurance Act
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., Act No. 48 / 1997 Coll., Act No. 127 / 1998 Coll., Act No. 29 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 492 / 2000 Coll., Act No. 138 / 2001 Coll., and Act No. 49 / 2002 Coll., is amended as follows:
1.
The basis of assessment for a person who does not have income from employment for a full calendar month, self-employment and does not have an insurance-based employee, 37) (hereinafter referred to as "a person without taxable income") shall be the minimum wage. '
2. In Paragraph 15 (3), the second word "without delay 'is deleted.
3. In Paragraph 18, the following paragraph 5 is inserted after paragraph 4:
"(5) The health insurance undertaking shall not prescribe periodic penalty payments if the payer proves that he has made a payment on behalf of the relevant health insurance undertaking but under an incorrect variable symbol. ';
Paragraph 5 shall become paragraph 6.
4. The following Section 26d is inserted after Section 26c, including the title:
Service of documents
(1) The information relevant to the performance of the obligations of the payer shall, as a general rule, be communicated by the sickness insurance undertaking to the payer by the service of an official document by the holder of the postal licence or by his staff.
(2) The facts with which this law attaches legal consequences to the liability of the premium payer and those of which the health insurance undertaking so provides shall be notified to the insurance payers by the service of the official document in their own hands.
(3) Where the addressee of a document to be served in his own hands has not been apprehended, although he is staying at the place of service, he shall deposit the document at the locally competent establishment of the holder of the postal licence or at the local organisational unit of the health insurance undertaking whose document is to be served and inform the addressee accordingly. If the addressee does not collect the document within 15 days of the deposit, the last day of that period shall be deemed to be the day of service, even if the addressee has not known of the deposit.
(4) If the addressee refuses to accept the document without cause, it shall be served on the date on which it was refused; the person delivering the shipment must notify the addressee.
(5) Documents addressed to legal persons shall be served on staff authorised to receive documents for such persons. If they are not, the document shall be served on the person who is entitled to act as a legal person to the other documents of any of his staff members who accepts the document. The same procedure shall apply if the addressee of the document has appointed a person to receive the incoming consignments with the holder of the postal licence.
(6) If the health insurance undertaking is not aware of the residence or registered office of the insured person, or if the insured person is not present at his place of residence or registered office or at the address for service notified to the health insurance undertaking, the document shall be served by a public decree. Service by a public order shall be carried out by the health insurance undertaking by posting, for 15 days, in a manner at the place of usual notification of the place of deposit of the document with its precise designation. The notification shall also be posted at the head office of the competent health insurance undertaking's local organisational unit which delivers the document. The last day of the period referred to in the first sentence shall be deemed to be the day of delivery. ';
5. In Paragraph 27 (1), the following sentence is inserted after the first sentence: "The register referred to in the first sentence shall contain the following information on the insured persons: the birth number or, where applicable, the other number of the insured person, the name, surname or surname, or surname, or surname, or place of residence, date of establishment and termination of the insurance relationship with the relevant health insurance undertaking; in the case of insured persons for whom the insurance State is the payer, the period in which the insurance State is the payer, the designation of the group of insured persons, the date of registration of the health insurance and the registration of the health insurance in the Czech Republic under special legislation, 27d) unless otherwise provided for by this law. '
footnote 27d is replaced by the following:
"27d) § 8 (4) of Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment of certain related laws, as amended by Act No. 176 / 2002 Coll. '.
EFFECTIVE
1. This Law shall take effect on 1 July 2002, with the exception of Article I (8), which shall take effect on the day of its publication.
2. Point 8 of the Act expires on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 176 / 2002 Coll., amending Act No. 48 / 1997 Coll., on Public Health Insurance, and amending and supplementing certain related laws, as amended, and Act No. 592 / 1992 Coll., on General Health Insurance Insurance, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.05.2002 |
|---|---|
| Effective from | 01.07.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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