Act No. 330 / 2021 Coll.
Act amending Act No. 187 / 2006 Coll., on sickness insurance, as amended, and certain other laws
Valid
Law
Effective from 01.01.2022
Text versions:
01.01.2022
08.09.2021
330
THE LAW
of 18 August 2021
amending Act No 187 / 2006 Coll., on sickness insurance, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the sickness insurance law
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 Coll.
1. In Article 1 (1), the words "a member of the household or care for him 'are replaced by the words" other natural persons or care for him'.
2. In Article 3 (l), the words "household member 'are replaced by the words" natural person in the cases referred to in Article 39'.
3. Paragraph 38a (3) reads as follows:
"(3) The father-in-law shall be entitled if the entry into paternity was made within a period of 6 weeks from the date of birth of the child or from the date of taking custody of the child. If the child is born, the period referred to in the first sentence shall be extended by the calendar days during which the child was hospitalised for health reasons on the part of the child or of the mother of the child and which fall within a period of 6 weeks from the date of birth of the child; the day of hospitalisation shall also be considered as the day on which the child is admitted to the health care provider's health care service and the day of release from such an establishment. ';
4. In Paragraph 38b (1), "1 week 'is replaced by" 2 weeks';
5. Paragraph 38b (2) reads as follows:
"(2) The paternity period begins with the entry into paternity. The starting date for paternity is the date to be determined by the insured person in the period referred to in Paragraph 38a (3). If the hospitalisation of the child has been established or continues on the day of the sixth week following the date of birth of the child, the paternity leave shall also take place on the date determined by the insured person during the period commencing by the release of the child from the hospital; the duration of this period corresponds to the number of days of hospitalisation, which fell within a period of 6 weeks from the date of birth of the child. In the second sentence, the term" paternity 'may be used for up to one year of age.'
6. in Paragraph 39 (1) (a) (2), the words "another member of the household" shall be replaced by the words "other natural persons whose" and the words "household member" shall be replaced by the words "women."
7. In Paragraph 39 (2), the words "child under 10 years of age by parent 'shall be replaced by the words" relative in the straight line 88) and siblings of the employee or of the spouse of the employee, a registered partner (registered partner) of the employee, the parents of the spouse or a registered partner of the employee'.
Footnote 88 reads:
"88) § 772 of the Civil Code. '.
8. in Article 41a (2) (a), "7 calendar days consecutive" is replaced by "4 calendar days consecutive."
9. In Paragraph 41a, the following paragraph 3 is inserted after paragraph 2:
"(3) For the purposes of long-term care, the treated person shall also mean a natural person in an incubated state requiring the provision of palliative care and long-term care in the home environment; in this case, the hospitalisation condition is not required. ';
Paragraphs 3 to 8 shall be renumbered paragraphs 4 to 9.
10. in Article 41a (5), "paragraph 3" is replaced by "paragraph 4" and "paragraph 3" is replaced by "paragraph 4."
11. in Article 41a (8), "5 and 6" is replaced by "6 and 7."
12. in Article 43 (2) (b), the words "another member of the household" shall be replaced by "another natural person."
13. In Part Four, in the title of Title IV, after the words "MONEY ASSISTANCE IN MATTER," the word "OTCOVSKÁ," shall be inserted.
14. in Part Four, Title IV, the following Part 2 is inserted after Part 1:
Assessment of the state of health for paternity purposes
The treating doctor of the health care provider is obliged
(a) at the request of the insured person or the mother of the child, confirm on the prescribed form the time of hospitalisation of the child for health reasons on the part of the child or the mother of the child; the certificate shall indicate the date of arrival and the date of release of the child from the hospital;
(b) fulfil the obligations of the treating physician referred to in Article 61 (1) (t) and (w). ';
Parts 2 to 4 are referred to as Parts 3 to 5.
15. In Paragraph 72b, at the end of paragraph 1, the sentence "If the treated person is an incubated person, the need for long-term care arises on the day on which the treating doctor of the health service provider providing the healthcare service for that condition is established."
16. At the end of paragraph 2, Section 72b shall be supplemented by the following: "If a decision on the need for long-term care has not been taken on the day of the release of the treated person from the hospital, the healthcare provider's doctor shall decide on the need for long-term care within 3 working days of the date of application. The application may be lodged within 8 days of the date of the release of the treated person from the hospital; applications submitted later shall not be taken into account. If the treated person is an incubated person, he shall decide on the need for long-term care at the request of the treated person, his legal representative, the guardian or the person designated by the treated person to be treated by the doctor of the health service provider providing health services for the incubable condition to the treated person. ';
17. in Article 72b (3), the words "or the provider of health services, which provides the person treated with the health service, shall be inserted after the words" bed care. "
18. in Article 72d (2) (b) and paragraph 3, "72g" is replaced by "§ 72g (1)."
19. in § 72f (a) and § 138a (1) (u), the words "on the day of the release of the treated person from the hospital" shall be replaced by "under § 72b (2)."
20. in Article 72f (b), the words "on the day of release from hospitalisation" shall be replaced by the words "under Article 72b (2)."
21. in Article 72g (a), the words "for which he has decided to establish a need for long-term care or" shall be inserted after the words "treated persons."
22. in Article 72g (i), the words "the need for long-term care or" shall be inserted after the word "the need for long-term care"; and the words "the need for long-term care" shall be inserted after the word "the decision."
23. in § 72g, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The treating physician of the outpatient care provider, who provides medical services for the incurable condition, is also obliged to:
(a) at the request of the person being treated in an incubary state, its legal representative, guardian or person designated by the person being treated, decide on the need for long-term care and, on the basis of the decision to establish such a need, to mark the date of the need for long-term care under Section 72b (1), second sentence, the statistical mark of the diagnosis which is the cause of the need for long-term care, the indication that it is an incubable condition, the place of residence (5) of the treated person and, if it is a stranger, the place of the reported stay (6) in the Czech Republic or similar stay abroad and the date of the next medical check;
(b) to refer to the treated person in an incubable state, his legal representative, the guardian or the person designated by the treated person a decision on the need for long-term care and the relevant parts of the decision on the need for long-term care on the day on which they were issued. "
24. in Paragraph 74 (1) (b), the word "paternity" shall be inserted after the words "incapacity for work."
25. in Article 74 (2), the word "paternity" shall be inserted after the words "for examination."
26. in Article 83 (2) (d), the words "if the period of hospitalisation of the child is to be confirmed for medical reasons on the part of the child or of the mother of the child for paternity purposes," shall be inserted after the word "doctor," or "after the words" if the period of hospitalisation of the child is confirmed for medical reasons. "
27. in Paragraph 84 (2) (u), the text "paragraph 3" is replaced by the text "paragraph 4."
28. in Articles 84 (3) (a), 95 (1) (d) and 158 (b), the words "household member" shall be replaced by the words "natural persons in the cases referred to in Article 39."
29. in Article 109 (6), "paragraph 3 or paragraph 4" is replaced by "paragraph 4 or paragraph 5";
30. In Article 109, at the end of paragraph 8, the sentence "For paternity payments in the case referred to in the second sentence of Paragraph 38b (2), the period of hospitalisation of the child on the part of the child or of the mother of the child and the date of release of the child from the hospital which falls within a period of 6 weeks from the date of birth shall be certified on the prescribed form."
31. in § 138 (1) (a), (b), (c), (h), (p), (q) and (r) and § 138a (1) (b), (g), (i) and (w), the text "§ 72g" is replaced by "§ 72g (1)."
32. in § 138a (1) (r), the words "or § 67a (b)" shall be inserted after the words "§ 67 (c)."
33. In Article 138a (1) (u), the words "or Article 72g (2) (a)" shall be inserted after the words "Article 72f (a)."
34. in Article 138a (1), the words "or Article 72g (2) (b)" shall be added at the end of point (w).
35. in Paragraph 138a, the dot is replaced by a comma at the end of paragraph 1 and the following point (y) is added:
"(y) in contravention of Section 67a (a), it shall not confirm the period of hospitalisation of the child on the prescribed form, or indicate in this certificate the date of acceptance and the date of release of the child from the hospital."
Transitional provisions
1. The claim for paternity post-partum benefit, the issue of the relevant documents and the inspection shall be followed in accordance with Act No. 187 / 2006 Coll., as effective from the date of entry into force of this Act, even if the child was born 6 weeks before the date of entry into force of this Act. If the period of support for the paternity care benefit has expired before the date of entry into force of this Act and the date on which that law became effective has not yet expired for a period of 6 weeks from the date of birth of the child or from the date on which the child is taken into custody, that benefit shall still be for a period of one week, provided that such further entry into paternity has occurred within a period of 6 weeks from the date of birth of the child or from the date on which the child is taken into custody.
2. For the period prior to the date of entry into force of this Act, the doctor of the health care provider shall, at the request of the insured or the mother of the child, confirm on the prescribed form the period of hospitalisation of the child for health reasons on the part of the child or the mother of the child and indicate the date of admission and the date of release of the child from the hospital, if it is six weeks before the date of entry into force of this Act.
3. Failure to fulfil or breach obligations under point 2 shall be treated in accordance with Act No. 187 / 2006 Coll., as effective from the date of entry into force of this Act.
4. If there is a need for treatment or care before the date of entry into force of this Act and entitlement to nursing staff was not created solely because of failure to comply with the condition laid down in § 39 (2) of Act No. 187 / 2006 Coll., as effective before the date of entry into force of this Act, the right to medical care shall arise from the date of entry into force of this Act if the need for nursing or care persists and if the condition laid down in § 39 (2) of Act No. 187 / 2006 Coll., as effective from the date of entry into force of the Act. The support period shall start from the first day of the need for care or care and the relevant period shall be determined on the date of the need for care or care. The sickness insurance authority shall decide on the staff member's entitlement to medical treatment in the cases referred to in the first sentence only from the date of entry into force of this Act.
5. According to Article 41a (2) (a) of Act No 187 / 2006 Coll., as effective from the date of the entry into force of this Act, the procedure is to be followed even if the hospitalisation of the treated person took at least 4 calendar days in succession on the date of entry into force of this Act.
6. According to Section 72b (2) of Act No. 187 / 2006 Coll., as effective from the date of the entry into force of the Act, the procedure shall be followed if the date of the release of the treated person from hospitalisation into the home environment falls within a period of 15 calendar days before the date of entry into force of the Act; the application may be lodged no later than 15 days after the date of entry into force of this Law.
Amendment of the Act on the organisation and implementation of social security
In Article 37 (1) (e) of Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 160 / 1995 Coll., Act No. 424 / 2003 Coll., Act No. 189 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 305 / 2008 Coll., Act No. 306 / 2008 Coll., Act No. 458 / 2011 Coll., Act No. 470 / 2011 Coll., Legal measure of the Senate No. 344 / 2013 Coll., Act No. 148 / 2017 Coll., and Act No. 310 / 2017 Coll., the words "other natural person 'are replaced by the words" Treatment of another person in cases referred to in § 39 of the Act No. 344 / 2013 Coll.
Amendment to the Pension Insurance Act
In Article 16 (4) (a) of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 118 / 2000 Coll., Act No. 424 / 2003 Coll., Act No. 425 / 2003 Coll., Act No. 281 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 24 / 2006 Coll., Act No. 189 / 2006 Coll., Act No. 305 / 2008 Coll., Act No. 344 / 2013 Coll., Act No. 148 / 2017 Coll., and Act No. 310 / 2011 Coll., Act No. 361 / 2011 Coll., Act No. 403 / 2012 Coll., Act No. 344 / 2013 Coll.
Amendment to the Municipality Act
In Article 72 (6) of Act No. 128 / 2000 Coll., municipalities (municipal establishment), as amended by Act No. 99 / 2017 Coll., the words "member of the household or care of the household 'are replaced by the words" natural persons or childcare under 10 years of age under the sickness insurance law'.
Amendment of the Regional Act
In Article 47 (6) of Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended by Act No. 99 / 2017 Coll., the words "member of the household or care of the household 'are replaced by the words" natural persons or childcare under 10 years of age under the sickness insurance law'.
Amendment to the Prague Capital Act
In Article 53 (6) of Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended by Act No. 99 / 2017 Coll., the words "member of the household or care of the household 'are replaced by the words" natural persons or childcare under 10 years of age under the sickness insurance law'.
Amendment of the Act on the service relationship of members of the Security Corps
Act No. 361 / 2003 Coll., as amended by Act No. 186 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 586 / 2004 Coll., Act No. 626 / 2004 Coll., Act No. 169 / 2005 Coll., Act No. 77 / 2015 Coll., Act No. 253 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 530 / 2011 Coll., Act No. 167 / 2012 Coll., Act No. 399 / 2006 Coll., Act No. 631 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 306 / 2011 Coll., Act No. 326 / 2009 Coll.
1. In Article 66 (5), the words "treating a sick family member 'are replaced by the words" treating or caring a natural person in the cases referred to in Article 39 of the sickness insurance law' and the words "treating a sick family member 'are replaced by the words" treating a natural person in the cases referred to in Article 39 of the sickness insurance law'.
2. In Article 70 (2) (f), the words "another sick member of the family if his' are replaced by the words" other natural persons in the cases referred to in Article 39 of the sickness insurance law if his';
3. In Article 71 (2), the words "sick family member 'are replaced by the words" natural persons in the cases referred to in Article 39 of the sickness insurance law'.
Amendment of the Labour Code
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100, Act No. 100 / 2011, Act No. 20 / 2011, Act No. 100 Coll.
1. in § 47, § 53 (1) (f), § 191 and 363, "another member of the household" shall be replaced by "other natural persons."
2. In Article 219 (1), the words "or, if treating a sick family member 'are replaced by the words" if treating or caring for a natural person in the cases referred to in Section 39 of the sickness insurance law' and the words "treating a sick family member 'are replaced by the words" treating a natural person or caring for a child in the cases referred to in Section 39 of the sickness insurance law'.
EFFECTIVE
This Act shall take effect on 1 January 2022.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 330 / 2021 Coll., amending Act No. 187 / 2006 Coll., on sickness insurance, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.09.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Social security law
Diseases, Sickness benefits
Public Contracts 1
Smlouva o výkonu činnosti koordinátora BOZPO na staveništi - Š2-rek.šachty
Technické sítě Brno, akciová společnost
dipl.tech Jaroslav Plšek - BOZPO servis
82 280 CZK
02.11.2021
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
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