What is Act No. 236 / 1948 Coll.?

Act No. 236 / 1948 Coll., on Military Diseases Care — Law on Military Diseases Care.

When it became Act No. 236 / 1948 Coll. effectiveness?

Act No. 236 / 1948 Coll. became effective 01.10.1948.

Is Act No. 236 / 1948 Coll. still valid?

Yes, Act No. 236 / 1948 Coll. is still valid and effective.

Act No. 236 / 1948 Coll. - Law on Military Diseases Care

236.

Law

of 7 October 1948

on military medical care.

The National Assembly of the Czechoslovak Republic decided on the following Act:

Personal extent of military medical care.

§ 1.

(1) Participants in military sickness care (hereinafter referred to as "participants") are, on the one hand,

1. active military personnel, namely:

(a) military personnel engaged in any military active duty, including senior subordinates;

(b) officers of the service,

(c) in-service officers and rootmasters engaged in any military active duty, including in particular voluntary additional active duty;

(d) officers and masters of the profession, as well as waiters, active and on leave with the waiting;

2. pupils of military schools and military apprentices and elves, even if they are not in active service by military persons;

on the one hand, if they are not insured for sickness and maternity under the National Insurance Act,

3. non-active military persons, namely:

(a) retired officers and rotmasters;

(b) officers and rootmasters in reserve with permanent or temporary service;

(c) long-serving petty officers with a service;

4. military pensioners,

5. incapacity in the number of teams, former low-level professional officers and former Bosnian-hersedian gendarmes, if they receive military rest pay,

6. survivors, if they are responsible for military provision.

(2) Military sickness care shall also apply to members of the family (§ 2), with the exception of military personnel from the number of teams, officers from the presence service and officers and rotomasters in reserve, if those family members are not insured for sickness and maternity under the National Insurance Act and are not covered by the provisions of the National Insurance Act on benefits of family members from sickness and maternity insurance.

§ 2.

Family members.

(1) Family members under this Act shall be deemed to live in a common household with a participant:

(a) spouse;

(b) a spouse (type) if she has been living with a member of the household for at least six months on the date of the idea of the benefit;

(c) children married and illegitimate, pastors and adopted by the end of the 16th year,

(d) children aged 16 to 25 years, if they are constantly preparing for the future occupation by studying or other training (training);

(e) children without age limits, if they are unable to provide for themselves or if they are paid for by education for physical or mental defects.

(2) The members of the family shall also be considered to be members of the family if they are mainly dependent on the participant for their maintenance,

(a) parents, grandparents, father-in-law,

(b) shelters, siblings and grandchildren, under the conditions referred to in paragraph 1 (c) to (e), if they have been living with a common household participant for at least six months on the date of the idea of a benefit;

(c) the sister or daughter of the participant, knowing and living with the household on the day of the idea of a household benefit for at least six months;

(d) a divorced spouse, if the spouse has a maintenance obligation.

(3) The condition of a common household shall be deemed to be fulfilled even if the spouse or children live separately for reasons arising from military service, for the education of children or housing distress or for health, economic, educational or similar serious reasons.

§ 3.

(1) Under the directives issued by the Ministry of Defence in agreement with the Ministry of Finance, the military administration may exceptionally provide military sickness care benefits to the following persons, unless they are insured for sickness and maternity under the National Insurance Act:

(a) professional officers and rotisseros and those who are on leave without pay;

(b) persons to whom provision benefits or nutritional allowances have been granted pursuant to Article 49 of the Law of 17 February 1922, No 76 Coll., on military provision benefits;

(c) persons who have been granted a grace gift because they have previously performed military service;

(d) persons to whom, pursuant to Law No 76 / 1922 Coll. only an allowance for injury has been granted under § 66 to 73,

(e) legionaries and participants in the national liberation fight;

(f) military disabled persons who do not receive military provision salaries and who have been accepted for their lack of wealth and incapacity to earn in a military disability facility or a home for elderly abandoned legionnaires;

(g) persons receiving a military university scholarship, unless they are covered by the provisions of the National Insurance Act on benefits of family members from sickness and maternity insurance and if they are not family members under § 2;

(h) family members (§ 2) of the persons referred to in (a) to (g), where there are cases of special consideration;

(ch) members of foreign armies assigned to services in the territory of the Czechoslovak Republic and their family members staying there, provided that similar care is provided in the foreign state to the Czechoslovak citizens, or that an obligation to provide sickness care has been assumed.

(2) The military administration provides military sickness care or individual benefits to persons called upon to act in person who become members of a military force and who are required by the nature of the acts performed. These persons are not subject to national sickness insurance rules. The provisions of Paragraph 55 apply to members of their families. The Minister for National Defence shall lay down the details by decree.

§ 4.

(1) Military persons in active employment referred to in § 1 (1), § 1, § 1 and § 2 shall, for the period of active military service, be entitled to military sickness care only.

(2) Persons who live abroad for reasons other than professional reasons are not entitled to military sickness care.

§ 5.

(1) Participation in military sickness care is due to occur on the day on which all the conditions justifying it have been met and which cease to exist on the day on which any of them will cease.

(2) Entitlement to individual benefits of military sickness care should be granted where the facts justifying the idea of benefits occurred at the time of participation in military sickness care or at the latest six weeks after its disappearance. Benefits which have been attacked after the termination of participation in military sickness care do not belong to persons who are entitled to sickness insurance benefits under the National Insurance Act or to arrangements under the Law of 18 July 1946, No. 164 Coll., on care of military and war damages and war victims and fascist persecution.

(3) As long as a participant is entitled to military sickness care benefits, he shall also continue to be entitled to benefits for his family members.

Benefits of military sickness care.

§ 6.

(1) In military sickness care, benefits in kind (§ 7 to 15) and cash benefits (§ 16 to 19) are provided.

(2) The benefits in kind are:

1. disease treatment and special medical treatment, namely:

(a) non-constitutional treatment (§ 7);

(b) constitutional treatment (§ 8);

(c) special medical treatment (§ 9);

(d) family assistance (§ 11);

2. maternity assistance, namely:

(a) non-constitutional treatment (§ 12 (1));

(b) constitutional treatment (§ 12 (2));

(c) child care (§ 12 (3));

3. dental care (§ 13);

4. assistance for mutilation, degeneration and body defects (§ 14);

5. aid against infertility (§ 15).

(3) Cash benefits are:

1. maternity benefits (§ 16);

2. specific assistance for social diseases (§ 17);

3. compensation for family assistance (§ 18);

4. death grants (§ 19).

Benefits in kind.

Sick treatment and special medical care.

§ 7.

Outpatient treatment.

(1) For participants and family members (Section 2), medical care, medicines, treatment needed and therapy and orthopaedic and orthopaedic aids are free of charge in the disease. Treatment must correspond to the current state and level of medical science and medical facilities and must be valuable and effective.

(2) Treatment shall be provided as long as the disease persists, but for a maximum period of one year after the cessation of participation in military sickness care. If the disease lasts longer, further treatment is provided only if the sick participant is unable to work.

§ 8.

Constitutional treatment.

(1) Participants and family members are entitled, if necessary, to the place and extent of the treatment referred to in Article 7, to free treatment and treatment in military or civil treatment and treatment institutes.

(2) Military management may also provide participants and family members with the constitutional treatment referred to in paragraph 1 at university clinics.

(3) The conditions and details of the provision of constitutional treatment shall be determined by the military sickness scheme (§ 34).

§ 9.

Special treatment.

(1) The place of treatment provided for in Sections 7 and 8 shall be provided, if necessary in accordance with the principles laid down in the Military Regulations, treatment in professional treatment and treatment institutes and spa facilities.

(2) Military management may also provide treatment in the facilities referred to in paragraph 1 in order to avert or delay the impending incapacity to perform military service (work) or permanent disease affecting the ability to perform military service (work). It may also provide such care in order to separate the sick from the danger of the sick or those around it.

(3) For the purposes referred to in paragraph 2, military management may also provide non-constitutional treatment within the scope of Section 7.

(4) The conditions and manner of special medical treatment will be determined by the military sickness code.

§ 10.

Conditions for surrender to the Institute.

(1) To be transferred to the Institute pursuant to § 8 or 9 for persons referred to in § 1, § 1, § 1, § 3 to 6, § 1, § 2 and § 3, permission of the sick person is generally required. For persons under the age of 18, he gives permission to a legal representative.

(2) No authorisation is required under paragraph 1,

(a) in urgent cases;

(b) if he does not live with family members in the same household,

(c) requiring a disease of treatment and care which cannot be given to the patient outside the treatment institution;

(d) if the type of disease so requires, particularly if it is contagious;

(e) if he has acted against the rules on the behaviour and supervision of the sick or the orders of the treating physician;

(f) if the condition or behaviour of the patient requires constant observation;

(g) if the detection of the disease requires observation or an examination which may only be carried out in the Constitution, in particular if it is necessary to assess incapacity for service (incapacity for work).

(3) Paragraph 92 (4) of Law No 76 / 1922 Coll. and Paragraph 13 of the Law of 31 May 1932, No 83 Coll., on the modification of the formalities of military personnel from the number of troops in active service and of certain other persons to them in terms of the terms of the like, as well as the provision of the longer-serving, remain unaffected.

§ 11.

Family help.

A participant or a member of the family who provides the household itself with its own or a participant and cares for at least one child [§ 2, paragraph 1, point (c) to (e)], the military administration may provide, or arrange in an appropriate manner, assistance in the family if, for sickness or maternity purposes, it is in constitutional care or is, for these reasons, bedridden by a doctor's order. The assistance shall not be granted if the participant (s) can reasonably be required to obtain compensation or if a permanent support force has been in place before the illness or usually in the household. The assistance may be granted not earlier than the 15th day following the occurrence of the operative events, for a maximum of 365 days. The conditions and details shall be determined by the military sickness code.

§ 12.

Help in motherhood.

(1) A participant or a member of the family is entitled to medical and midwife assistance free of charge in maternity.

(2) The military administration provides, as necessary, treatment in the maternity ward or in a similar constitution (constitutional treatment). The provisions of Sections 8 and 10 shall apply mutatis mutandis to constitutional childbirth treatment.

(3) The military administration provides children's equipment; a cash refund may be granted, the amount of which shall be determined by the military sickness code, instead of child care.

§ 13.

Dental care.

(1) In addition to the treatment of dental diseases (Sections 7 and 8), military management provides free treatment to participants and family members and their artificial replacement in a simple but satisfactory manner.

(2) The Military Health Regulations shall define the concept of simple performance of artificial teeth replacement and specify the conditions and manner in which artificial teeth replacement is provided in a non-simple manner.

§ 14.

Help with mutilation, degeneration and bodily defects.

In the case of mutilation, degeneration and bodily defects which adversely affect the performance of military service (profession), military administration shall provide the participants and family members with the necessary assistance and, if necessary, shall also cover the costs of necessary and effective performance and treatment to the same extent as for medical treatment. The conditions and details shall be determined by the military sickness code.

§ 15.

Help against infertility.

A participant and a member of the family are entitled, in the event of infertility, to a medical finding of its cause and to the necessary treatment within the scope of § § 7 to 9. The conditions and details shall be determined by the military sickness code.

Cash benefits.

§ 16.

Cash benefits in motherhood.

(1) If a participant or a member of the family is born, she shall be entitled to a childbirth fee of 2500 CZK per child.

(2) The participants referred to in § 1 (1), No 1, will receive a maternity allowance equal to the sickness allowance payable to the same paid employee under the National Insurance Act for the 18-week period in which the birth took place if they did not carry out the service. Such assistance shall not be granted for the days on which the participant is entitled to service pay (formalities).

(3) The benefit referred to in paragraph 1 shall be granted to both the spouse and the partner of the participant and the minor when the participant died within 300 days, calculated back from childbirth.

§ 17.

Special assistance in social diseases.

The military sickness rules may provide that persons affected by a social disease shall be granted special financial assistance at the level and under the conditions laid down therein.

§ 18.

Replacement for family help.

(1) Instead of helping the family in accordance with § 11, the military administration can provide a cash refund of 30 CZK per day.

(2) The cash refund is increased for the third and for each additional child (§ 2) until the end of the 14th year of age by 10 CZK per day.

(3) The military sickness rules will determine the details.

§ 19.

Funeral.

(1) To the participants referred to in § 1 (1), § 1, § 1 and § 2, the military administration shall, when killed at the place of crew, provide a simple burial with its cargo.

(2) If the survivors (paragraph 5) do not wish the funeral to be carried out by the military administration, or if the person referred to in paragraph 1 dies outside his crew, the military administration shall contribute 5000 CZK to the funeral expenses of the survivors.

(3) If a participant referred to in paragraph 1 dies outside the time of the State's armed emergency and provides for the survivors of the transport of the remains, the military administration shall, in addition to the contribution referred to in the preceding paragraph, provide for the cost of a metal liner to the coffin of 500 Kns, as well as for the cost of the wooden casket and the charges at the point of transport and shall pay freight by rail. Details shall be laid down in the military sickness code.

(4) The survivors of the participants in the military sickness care referred to in § 1 (1), paragraphs 3 to 6, are entitled to the death grants of 5000 CZK.

(5) The funeral expenses and the allowances provided for in the preceding provisions are payable to the survivors of the funeral. The surviving are the husband, the wife, the children, the parents, the grandfather and the grandmother, the siblings, the father-in-law, the son-in-law and the daughter-in-law of the deceased.

(6) If the funeral has not been carried out by one of the persons referred to in paragraph 5, a physical or legal person who has provided the funeral with his or her own cargo shall be entitled to it, without being required to do so under contract or by law. In this case, the funeral expenses shall be paid only up to the actual cost of the funeral but not more than 2500 CZK. Any difference shall be entitled to the survivors in the order referred to in paragraph 5 if they were living with a member of military sickness care at the time of his death in the common household.

(7) The military administration may provide reimbursement of bulk travel equipment in the lowest class from the place of residence to the place where the military funeral takes place, provided that they do not request the transport of the remains, to the deprived wives (spouses), companions (species), children and parents of the participants referred to in paragraph 1. Details shall be laid down in the military sickness code.

(8) If the deceased was a family member under two years of age, the deceased shall be liable for the funeral of a member of the family if he was a deceased family member under two years of age, in the amount of 500 CZK, if he was younger than 14 years of age, in the amount of 1000 CZK, otherwise in the amount of 1300 CZK, but if he was a deceased wife or partner, in the amount of 1500 CZK.

§ 20.

Preventive care.

(1) Military management shall carry out preventive care for the participants referred to in Sections 1, 1, 1 and 2, after taking part in its implementation and supporting the general and specific measures of such care under the single national healthcare plan. For other persons receiving military sickness care, preventive care shall be carried out by the State Health Administration in cooperation with the Military Administration.

(2) Under the conditions set out in paragraph 1, military management and general and specific measures aimed at deterring early disability of participants and family members shall participate and support such measures.

(3) Participants and family members are required to submit to the measures for carrying out the care referred to in paragraphs 1 and 2.

§ 21.

(1) In implementing the provisions of Paragraph 20 (1), the military administration shall in particular carry out the following tasks:

(a) carry out regular and systematic inspections of participants in military sickness care referred to in § 1, paragraphs 1, 1 and 2, in particular minors and those who are at risk for health in the course of military service (employment, occupation);

(b) places the participants referred to in § 1, paragraphs 1, 1, 1 and 2, including, in the case of other persons who are at risk of being given military medical care, in military recovery facilities, with particular regard to minors, persons at risk of occupational diseases and children whose health conditions require it;

(c) carry out the health education of the participants referred to in Sections 1, 1, 1 and 2;

(d) examine the morbidity of the participants referred to in Sections 1, 1, 1 and 2;

(e) participate in recovery actions for participants and family members.

(2) Consultative health care for participants referred to in § 1 (1), § 1, § 1 and § 2 is carried out by military administration in cooperation with the State Health Administration under directives issued by the Ministry of National Defence in agreement with the Ministry of Health.

Common provisions on benefits of military sickness care.

§ 22.

Medical service.

(1) The participants referred to in § 1 (1), § 1, § 1, § 1 and § 2 and the participants placed in military disability facilities shall be treated free of charge by the doctor of the relevant military department. Only after his or her recommendation or in the event of danger of delay, those participants shall be entitled to medical treatment by a doctor freely chosen by the contract doctors of the military administration.

(2) The participants referred to in § 1 (1), Nos 3 to 6 are entitled to medical treatment by a doctor freely chosen by the military authority's contract doctors.

(3) The military sickness rules may limit the free choice of a doctor under the previous paragraphs to a choice between doctors practising in a specific district or bind the change of a doctor involved in military sickness care in the same illness to the consent of the military administration. However, a participant must be able to seek medical assistance from a contract doctor other than that competent under the first sentence, in specific cases provided for in the Military Regulations.

(4) Participants who do not submit to the provisions of paragraphs 1 to 3 or to the provisions of the Military Regulations implementing them are required to pay for their increased costs of treatment.

(5) If medical assistance cannot be provided in the manner referred to in paragraphs 1 to 3 due to a lack of personal or factual assumptions, the military administration shall take appropriate measures by the parties to the transitional provision of medical assistance if the obstacles persist. Details shall be laid down in the military sickness code.

(6) The military administration shall not reimburse the costs incurred in treating a participant for a private account or in the absence of a contract doctor, except in the case of first aid or specific cases provided for in the military sickness rules referred to in paragraph 3 and the participant has requested the military administration to reimburse such costs. In this case, the participant is compensated up to an amount which the military administration itself would have paid to the contract doctor.

(7) The provisions of paragraphs 2 to 6 also apply to family members.

§ 23.

(1) There is no legal claim for any treatment or constitutional treatment requested by a participant or family member. However, this is without prejudice to the provisions of § 7 (1), second sentence.

(2) If the participants referred to in Sections 1, 1, 1 and 2 need constitutional treatment, they will, as a general rule, be treated and treated in military medical and nursing institutions and only where necessary in civil medical and nursing institutions. Participants referred to in § 1, par. 1, par. 3 to 6 and family members referred to in § 1, par. 2 may be treated in military treatment and treatment institutions if there are sufficient vacancies.

(3) The participants referred to in § 1 (1), (1), (1) and (2), assigned or resident in the places where the dental department is a military hospital or military dental ambulance, shall be provided with dental treatment and artificial dental replacement, as a general rule, in those dental departments or military dental ambassadors.

§ 24.

(1) The military administration is entitled to control and supervise sick patients by its doctors, including visits to the apartment.

(2) If the sick surveillance referred to in paragraph 1 is denied or does not comply with the provisions of the military sick order, the benefit may be refused in whole or in part. These consequences should be brought to the attention of the patient in advance.

§ 25.

Compensation for the transport of the sick.

(1) The military administration shall pay the necessary costs for the transport of sick bulk vehicles to a military hospital and, if there is a danger of delay, or if one of the cases referred to in Section 23 (2) goes to the nearest appropriate hospital or other medical and nursing institution and back. Transport costs other than mass transport are paid only if such transport was necessary.

(2) A suitable hospital is a hospital which is so equipped that it can provide treatment corresponding to the provisions of § 7, paragraph 1, second sentence.

(3) The Military Regulations lay down the conditions under which and the extent to which the costs of transport to treatment and treatment centres and spa facilities are to be reimbursed, except in the cases referred to in paragraphs 1 and 2.

(4) Under the conditions laid down in the Code of Military Diseases, the military administration shall pay the necessary costs for the transport of patients to a doctor, for treatment ordered by a doctor and for examination, including periodic examinations.

General provisions on doses.

§ 26.

(1) By way of derogation from the previous provisions, the Government may determine the amount of cash benefits of military sickness care.

(2) The Ministry of National Defence may, in agreement with the Ministry of Social Welfare and Finance, provide by a decree in the Official Gazette that participants or family members are to be provided with other benefits in addition to those provided for in the previous provisions, for the purpose of military sickness care.

§ 27.

Limitation of claims.

(1) The right to cash benefits under this Act shall be limited in one year from the date on which it arises.

(2) The entitlement to payment of an individual instalment of a recurring cash benefit is limited in one year from its due date.

§ 28.

How to pay benefits.

Recurrent cash benefits shall be paid late in periods of no more than 16 days.

§ 29.

Entitlements for benefits may be transferred or terminated in force only if:

Citation	Act No. 236 / 1948 Coll., on Military Diseases Care
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	25.10.1948
Effective from	01.10.1948
Effective until	-
Status	Valid

Act No. 236 / 1948 Coll.

Law on Military Diseases Care

Contents