Act No. 206 / 2020 Coll.
Act amending Act No. 551 / 1991 Coll., on the General Health Insurance Company of the Czech Republic, as amended, and Act No. 280 / 1992 Coll., on departmental, branch, corporate and other health insurance companies, as amended
Valid
Law
Effective from 12.05.2020
Text versions:
12.05.2020
27.04.2020
Contents
206
THE LAW
of 21 April 2020
amending Act No. 551 / 1991 Coll., on the General Health Insurance Company of the Czech Republic, as amended, and Act No. 280 / 1992 Coll., on departmental, branch, corporate and other health insurance companies, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the General Health Insurance Company of the Czech Republic
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. 455 / 2003 Coll., Act No. 438 / 2004 Coll., Act No. 117 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 20 / 2007 Coll.
1. in Article 7 (1) (b), the words "the amount of the reserve fund shall be" shall be replaced by the words "the minimum amount of the reserve fund shall be"; the words "insurance premiums" shall be deleted; the words "the balance of the basic fund" shall be inserted after "the other funds" and the word "minimum" shall be inserted after the word "fixed."
2. Paragraph 21 (1) reads as follows:
"(1) The Supervisory Board shall supervise compliance with the legislation and internal rules and the overall management of the Insurance Company. To this end, its members shall be entitled to consult all documents of the Insurance Company and to ascertain the state and manner of the business of the Insurance Company. ';
Amendment of the Act on departmental, branch, corporate and other health insurance companies
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. 60 / 2014 Coll., Act No. 48 / 1997 Coll., Act No. 93 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 225 / 1999 Coll., Act No. 220 / 2000 Coll., Act No. 49 / 2002 Coll.
1. In Article 4, at the end of paragraph 2, the dot is replaced by a comma and the following points (h) and (i) are added:
"(h) the designation of the person or persons in accordance with the instrument of incorporation, who shall act as the Board of Directors and the Board of Supervisors of the Employee Insurance Company, pending the election of the first members of the Administrative Board and the Board of Supervisors of the Employee Insurance Company; those persons must fulfil the conditions for the performance of their duties under Section 10;
(i) the designation of the person in accordance with the instrument of incorporation, who shall act as Director until the appointment of the Director by the Management Board of the occupational insurance undertaking; that person must comply with the conditions for the performance of the function referred to in § 9a. ';
2. Paragraph 10 (3) is deleted.
Paragraphs 4 to 15 shall become paragraphs 3 to 14.
3. Paragraph 10 (4) reads as follows:
"(4) The Board of Supervisors of the Employee Insurance Corporation shall supervise compliance with the legislation and internal rules and the overall management of the Employee Insurance Company. To that end, its members shall be entitled to consult all documents of the occupational insurance undertaking and to ascertain the state and manner of management of the occupational insurance undertaking. ';
4. in Paragraph 10, the following paragraph 5 is inserted after paragraph 4:
"(5) The Supervisory Board of the Employee Insurance Corporation shall discuss the draft health insurance plan, the accounts and the draft annual report and submit its opinion to the Governing Board. ';
Paragraphs 5 to 14 shall become paragraphs 6 to 15.
5. In Article 10 (7), the text "Article 6 (6) 'is replaced by" Article 6 (7)'.
6. Paragraph 10 (8) reads as follows:
"(8) The term of office of a member of an institution of an occupational insurance undertaking shall be four years, unless otherwise specified, and shall begin on the day following the end of the term of office of the previous member of the institution in accordance with the procedure laid down in Article 10a (4) (a), or on the day following the date on which he was elected as a member of the institution in the case of Article 10a (4) (b). The term of office of the alternate shall be no longer than the end of the term of office of the elected member of the institution to which he has taken office. The member of the body appointed by the Government may be removed from office before the expiry of the term of office. ';
7. in Article 10 (15) (d):
"(d) the date on which the elected member of the institution of the occupational insurance undertaking became insured by another health insurance undertaking;"
8. The following Sections 10a to 10g are inserted after Section 10:
(1) The board of directors of the occupational insurance company consists of five members appointed by the government and 10 members elected from among the insured persons of that occupational insurance company by the payer of the public health insurance premium of that occupational insurance undertaking, with five members elected jointly by employers and self-employed persons, and five members jointly elected by employees and persons without taxable income. The members of the Administrative Board appointed by the Government shall be appointed and dismissed by the Government on a proposal from the Minister for Health.
(2) The Board of Supervisors of the Employee Insurance Corporation is composed of:
(a) three members appointed and withdrawn by the Government on a proposal from the Minister of Finance, the Minister for Labour and Social Affairs and the Minister for Health;
(b) 6 members elected from among the insured persons of this occupational insurance company who pay public health insurance premiums to that occupational insurance company, with 3 members being elected jointly by employers and self-employed persons and 3 members being jointly elected by employees and persons without taxable income.
(3) Public health insurance premiums groups (hereinafter referred to as the "insurance payee group") are:
(a) employers and self-employed persons;
(b) staff and non-taxable persons who are persons who, for a calendar month, do not have income from employment or self-employment and who are not paid by the Member State.
(4) The employment insurance undertaking shall declare elections to the competent authority:
(a) not later than 4 months before the end of the term of office of its elected members; or
(b) without delay where it is no longer possible to call an alternate to the vacancy of the elected member of the institution.
(5) The Employee Insurance Corporation will publish information on the announcement of elections in a way that allows remote access. Information on the announcement of elections contains
(a) the designation of the institution of the occupational insurance undertaking to which the elections take place, including the group of insurance payers entitled to vote in those elections;
(b) the number of elected members of the competent authority of the occupational insurance undertaking in the relevant group of payers;
(c) the date on which the application may be filed for application for a member of the competent authority of the occupational insurance undertaking, provided that the deadline for filing the application is 2 months from the date of publication of the elections; and
(d) the date of the elections.
(1) A person who:
(a) is fully competent;
(b) is fair,
(c) deliver the application referred to in paragraph 3 to the employee insurance undertaking by its own hand;
(d) proof of support for at least 50 insured persons of the relevant occupational insurance undertaking; the aid is demonstrated by a duly completed signature sheet delivered to the employee insurance undertaking together with the application referred to in point (c); and
(e) on the date on which the application is filed for a member of the institution of the occupational insurance undertaking is insured by the employee insurance undertaking which has declared the elections.
(2) The signature sheet shall contain the name and / or the names and surnames, the insured person's number and the insured person's handwritten signature, which shall express its support to the candidate. The signature sheet shall include consent to the processing of personal data within the scope of the first sentence only for the purposes of the choice for which the support is expressed.
(3) The application for a candidate for a member of the institution of the occupational insurance undertaking shall include:
(a) the name and, where appropriate, the names and surnames, the insured person's number, the date of birth, the address for service and the certified handwritten signature of the person candidate for a member of the insurance institution;
(b) the designation of the institution of the occupational insurance undertaking to which the person is running;
(c) an indication of the group of premium payers in which the person is running, with each person entitled to run in only one group of premium payers;
(d) a self-signed CV;
(e) an extract from the register of punishments which may not be more than 3 months old; and
(f) a duly completed signature sheet as referred to in paragraph 2.
(4) If the application for a candidate does not contain the particulars referred to in paragraph 3, the employee insurance undertaking shall invite the person who submitted the application without delay, no later than 5 days after the date of receipt of the application for a member of the institution of the employee insurance undertaking, to supplement or modify the relevant particulars. If the formalities are not completed or modified at the latest on the last day of the deadline for filing the application for application, the application shall be deemed invalid.
(5) The Employee Insurance Corporation shall publish on the 15th day following the expiry of the deadline for the submission of applications pursuant to Paragraph 10a (5) (c) in a way that allows remote access the list of candidates for a member of the competent authority and the group of payers in which they are candidates, including their CV.
(6) At the same time as the list of candidates is published, the employment insurance company will always publish information on:
(a) the way in which the two groups of premium payers must be chosen, provided that the option of making a preschool choice at the establishment of the employee insurance undertaking during its normal working hours is ensured;
(b) the organisational, technical and personnel security of the elections, including individual establishments and, where appropriate, other places designated by the employee insurance undertaking for the purpose of the choice; and
(c) the arrangements for adjusting and transmitting the ballot in the relevant group of payers of the premium, provided that the ballot must always contain the particulars referred to in Article 10d (2) and (3).
(1) The employment insurance undertaking shall open the elections on the 15th day following the date of publication of the list of candidates per member of the competent authority. If this day falls on a Saturday, Sunday or a holiday, the next next working day will be held. Elections take three working days.
(2) The employer and the self-employed person are voting to the extent of the premiums they have paid to the relevant occupational insurance undertaking for a period of six calendar months preceding the calendar month in which the elections are announced (hereinafter referred to as "the size of the premiums paid"), in a preset and, where appropriate, electronically, where the electronic means of choice are made by the employee undertaking.
(3) The amount of insurance premiums paid shall be determined by the occupational insurance undertaking at the date of publication of the list of candidates referred to in Article 10b (5). At the request of the employer or self-employed person, the occupational insurance undertaking shall communicate the amount of the premiums paid to that person. A complaint against the applicable amount of the premiums paid may be lodged not later than 14 days before the election.
(4) A staff member and a person without taxable income shall be entitled to vote if, in the month preceding the start of the vote, they have been registered in the relevant group of payers, in a preset and, where appropriate, electronically manner, where the electronic means of choice are permitted by the insurance undertaking.
(1) In the event of a preselection, the premium payer is required to prove his identity by means of an identity card, in the case of a natural person, or by an appropriate authorisation to act as a legal person or an organisational body of the State, before issuing the ballot.
(2) The ballot in electronic or paper form always contains a list of candidates for a competent authority member in the relevant group of premium payers in which the payer votes.
(3) In the case of a group of employers and self-employed persons, the ballot also contains the identifier of the payer of the premium in an anonymous form and an indication of the extent of the premiums paid.
(4) The employer's insurance undertaking shall record the exact time of sending the ballot if the vote is in electronic form, or the time of issuing the ballot, if the vote is in presentable form.
(5) The ballot is invalid if the premium payer identifies more candidates than the number of elected members of the institution in the relevant insurance payee group. Furthermore, the ballot is invalid if it is not on the prescribed form or is broken. The damage or transfer of the ballot shall not affect its validity if the necessary information is apparent. If more than one ballot is submitted to the premium payer, these additional ballots shall be void.
(1) Each premium payer is entitled to vote only once. The person belonging to both groups of payers shall choose which group of payers he will vote in.
(2) Insurance payers shall indicate on the ballot a maximum of as many candidates as the elected members of the competent authority in the relevant insurance payee group. In the case of a vote in the group of employers and self-employed persons, the scale of the premiums paid shall be apportioned among the designated candidates. In the case of a vote in a group of employees and persons without taxable income, one vote shall be added to each designated candidate.
(3) The filled-in ballot shall be handed over to the holder of the insurance premiums in a closed envelope, bearing the name of the institution of the insurance undertaking and the relevant group of insurance payers to which the elections take place, at the establishment of the employee insurance undertaking or, where applicable, at another place designated by the employee insurance undertaking for the purposes of the choice. In case of electronic choice, the premium payer shall send it electronically.
(1) An employment insurance company shall set up at least five members of the Central Election Commission. One member of the Central Electoral Commission shall be appointed by the Minister for Health. The Central Electoral Commission shall elect a chairman from among its number who shall direct its activities.
(2) The Employee Insurance Corporation shall set up a local election commission which organises and provides elections at the establishments of the Employee Insurance Corporation, or at other places designated by the Employee Insurance Company for the purpose of the choice. The work of the local election commission shall be recorded. A record signed by all the members of the local election committee shall be sent together with information on the total of the votes for each candidate, the ballots and the roll-call list of voting persons to the Central Electoral Commission.
(3) Only members of the Election Commission shall be entitled to consult the filled ballot. The information recorded on the individual ballot shall be kept confidential by the members of the Election Commission against persons who are not members of the Election Commission.
(4) The Election Commission shall exercise the sum of the votes in the group of employees and persons without taxable income and the sum of the amounts of premiums paid, which, according to the votes cast by the members of the various candidates in the group of employers and self-employed persons.
(5) The Central Electoral Commission shall establish the ranking of candidates for a member of the institution of the occupational insurance undertaking. Members of the institution of the occupational insurance undertaking shall be elected those candidates who:
(a) in the group of employers and self-employed persons according to the sum of the amounts of the premiums paid, they shall place at the places of the elected number of members of the competent authority; and
(b) in a group of staff and persons without taxable income, by total vote, shall place at the places of the elected number of members of the competent authority.
Candidates who place themselves in other places and have voted for at least one premium payer shall, in turn, be alternates to the members of the competent authority in the relevant group of premium payers. In the event of equality, the ranking of candidates shall be decided by los.
(6) On the day of the hearing, the Central Electoral Commission shall draw up, in two copies, a record of the conduct and outcome of the elections, which shall include:
(a) the designation of the authority to which the choice took place, including the relevant insurance payee group;
(b) the name and, where appropriate, the names of the members of the Central Electoral Commission;
(c) information on any shortages of ballots and whether such shortfalls affect the allocation of votes or the overall result of the vote;
(d) the ranking of candidates and, where appropriate, the draw protocol; and
(e) the signature of all members of the CEC; if one of the members of the Election Commission rejects the signature, the reasons shall be stated in the minutes.
(7) The conduct of the meetings of the Central Electoral Commission and the results of the elections shall be certified by notarial registration. The notary must be present at the full meeting of the Central Election Commission.
(8) The result of the choice shall be published by the employee insurance undertaking in a manner that allows remote access without delay and shall also send it to all candidates for whom at least one premium payer has voted.
(9) The employer's insurance undertaking shall keep a copy of the protocol, including the ballots, for at least the duration of the term of office of the members of the institution to which the elections took place. A copy of the record of the conduct and outcome of the elections shall be sent to the Ministry of Health.
(1) A candidate for a member of an institution or a person who can vote in an election may lodge a complaint against the Central Election Commission against the election or outcome. The complaint may be lodged no later than 14 days after the date of publication of the election results.
(2) The Election Commission will examine the complaint and issue a resolution confirming or rejecting the complaint. If the complaint results in a change in the ranking of candidates per member of the employee insurance institution, the Central Electoral Commission shall proceed in accordance with § 10f (5) to (9).
(3) A candidate for a member of an institution of an insurance undertaking whose complaint against the conduct or outcome of an election has been rejected under paragraph 2 may rely on the nullity of an election to the institution of an insurance undertaking under the provisions of the Civil Code on the nullity of the decision of the body of the association. "
9. In Paragraph 18, the word "Minimum 'shall be inserted at the beginning of paragraph 1, the words" or other funds' shall be inserted after the word "Minimum 'and the words" Minimum' shall be inserted after the word "Minimum '.
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 206 / 2020 Coll., amending Act No. 551 / 1991 Coll., on the General Health Insurance Company of the Czech Republic, as amended, and Act No. 280 / 1992 Coll., on departmental, branch, corporate and other health insurance companies, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.2020 |
|---|---|
| Effective from | 12.05.2020 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
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