Decree of the Ministry of Health No. 34 / 1965 Coll.
Decree of the Ministry of Health implementing the Law on Regression Refunds
Valid
Effective from 01.05.1965
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34
DECLARATION
Ministry of Health
of 26 March 1965
implementing the Regression Refund Act
The Ministry of Health, in agreement with the Central Council of Trade Unions, the State Social Security Office and the Ministry of Finance, provides pursuant to Section 11 of Act No. 33 / 1965 Coll., on the reimbursement of costs incurred by the State from accidents, occupational diseases and other damage to health (on regression compensation):
Regression refund procedure
General provisions
Regression refund procedures shall be governed by the general rules on administrative procedures, unless otherwise provided for in Act No. 33 / 1965 Coll., Regression Refunds, hereinafter referred to as "the Law."
Regression authorities
(1) Regression refunds shall be decided by the district authorities, provided that they are not covered by the national health district constitution in accordance with paragraph 2.
(2) The national health regional institutes decide on the obligations for regression compensation in cases where:
(a) the regression refund applied above does not exceed CZK 35 000;
(b) the obligation to repay and the amount of such refund has been recognised in writing; or
(c) it is only a matter of determining the amount of the regression refund, since, in so far as the reason is concerned, the regression refund has already been definitively decided (§ 28).
(1) The Regression Commission decides on regression refunds for the district authorities.
(2) The same authorities of the Regional National Committee decide on the appeal against decisions of the authorities of the District Office.
(3) An appeal against decisions of the District Institute of National Health shall be decided by the Regression Commission of the District Office.
(1) Until a final decision is reached on the regression refunds, the authorities referred to in paragraphs 2 and 3 shall also decide on the reduction or remission of the regression compensation and on the authorisation of instalments or other deferral of payment; as a general rule, when deciding on the substance of the case. The regression refund premium provided for in Section 4 (1) of the Act may be imposed only at the same time as the regression refund decision, unless it is the cases referred to in Section 42 (2).
(2) The financial department of the district office managing the claim (§ 31) is responsible only for the reasons set out in the rules on the management of national assets, the legally recognised claims on the regression compensation.
Regression Commission
(1) The Regression Commission of the District Office sets up the Head of the District Office as a special body (1)
(2) The Regression Commission is composed of the President, the Secretary and other members. If the chairman of the regression committee is unable to attend the meeting, the meeting shall be managed by his representative. The Head of the District Office, after mutual agreement (2), shall appoint the President, his Deputy and Secretary from among the District Office's staff, and shall appoint other members of the Regression Commission from among staff in the field of health, social security and finance.
(3) A larger number of members may be appointed to the regression committee.
(4) The Regression Committee shall act by a majority of votes in a five-member composition, with the participation of a member who has a legal education.
(1) If the scope of the decision-making is required, the head of the District Office shall establish a larger number of representatives of the President and of the other members of the Regression Commission in order to establish more regression committees. The provisions of the Members may be added to the deliberations and decisions of any regression committee of the same degree in order to comply with the provisions of Paragraph 5 (2).
(2) The regression committees shall, outside their activities, oversee whether the preparation of the documents for their decision-making is carried out effectively and in accordance with the management rules and guidelines for methodological management and whether an objective finding of facts is guaranteed. They help national health institutions, in particular the services of their expert advisors (§ 7) and when discussing regression refunds with organisations that show high injury (§ 17). In cooperation with the relevant trade unions, they shall monitor the development of accidents in their perimeter, in particular in terms of the educational effect of regression refunds, and shall submit proposals and incentives to the competent authorities to address deficiencies. They discuss the state of the regression activity in their district and submit proposals and suggestions to the Health Commission on the basis of experience gained to improve safety and health at work, to better ensure the regression activity and to use the yield of the regression compensation (§ 33 (2) and (3)).
(3) Where more than one regression committee is set up, all committees shall also be convened for joint meetings to discuss the tasks referred to in paragraph 2, a single decision-making procedure and other fundamental issues.
Expert advisers
(1) The Regression Committee shall choose for each main production or work field represented in its district at least two expert advisers who, from their work or on the basis of other professional competence, are familiar with the facilities of the workplace and the production (work) procedures of that field as well as the relevant rules on safety and health at work. If there are more regression committees, the expert advisor shall elect all committees at a joint meeting. It helps to select suitable persons, or it proposes a competent trade union, a cooperative association and a production farm administration.
(2) The expert advisor shall cooperate with the Institute of National Health, in particular advise its regression workers on which the relevant circumstances need to be addressed, express its views on the causes of the damage to health and also assist in the preparation of matters to be discussed with organisations (§ 17) and in the preparation of proposals submitted to decision-making bodies.
(3) The expert advisor shall be recruited by the regression committee to discuss the regression compensation from the production (work) sector for which he has been elected. If an expert adviser is unable to attend the hearing, or if he is involved in a business for which the expert adviser has not been elected, an expert adviser from the next of kin shall be recruited.
(4) The expert adviser shall have an advisory vote in the deliberations. However, in respect of the rights and obligations relating to the performance of their duties, expert advisers shall be treated in every respect as elected members of the county commission. *)
(5) The opinion of expert advisers shall not replace the expert opinion of the national professional health and safety authorities on matters falling within their competence or the expert opinion of the supervisory authorities of the relevant trade union. It is therefore necessary to request the expert opinion of these institutions whenever necessary and to invite the authorised staff to act as appropriate.
Local jurisdiction
(1) The local authority responsible for the preparation of the supporting documents and for the application of the regression refund (hereinafter referred to as the "discussion of the regression refund") is the county national health institution in whose district the health damage caused by the obligation of regression refund has occurred.
(2) In the case of occupational diseases, the competent county institution of national health in whose district the victim last worked under the conditions under which the occupational disease arises is responsible; This district national health institution will discuss regression compensation in respect of the obligations of all participating organisations (Section 2 (4) of the Act).
(3) The Regional National Committee will designate another National Health Regional Institute in its district to discuss regression refunds directed against the local competent national health district or the superior regional authority. Such delegation shall not be reciprocal.
(4) The Regional National Committee or the Ministry of Health may, for serious reasons, designate a regional national health institution not otherwise competent to deal with regression refunds.
(1) The authorities of the District Office, in whose district the National Health Institute is active, which has discussed the regression compensation as competent or intended for that purpose (§ 8), are responsible for deciding on the regression compensation.
(2) Where a decision on a regression refund is reserved for a district national health institution (§ 2 (2)), its jurisdiction to decide on that refund shall be given to its local competence to discuss it.
(3) The Ministry of Health may also provide for derogations in respect of local or material jurisdiction in respect of decisions on regression refunds in the course of the measures provided for in Article 8 (4), in particular where the system of management of health in large cities so requires.
Tasks in the regression procedure
(1) The national health district institutes are obliged to carry out the tasks under the law and implementing rules in order to achieve the objectives pursued by the law.
(2) The county authorities are required to ensure the conditions for the proper operation of their authorities on the regression compensation section, in particular to ensure the keeping of records, the preparation of the proceedings of the regression committee, the preparation and delivery of decisions and the transmission of enforceable enforcement decisions.
(1) The Ministry of Health ensures a uniform procedure for the application and decision-making of regression refunds (Section 6 of the Act) and directs the methodical activities of the health trade unions of the district authorities and the activities of national health institutions on this section, as well as the activities of the authorities deciding on regression refunds.
(2) The Regional National Committees are methodically managing the regression activity of the District Authorities and the District Institutions of National Health in their respective districts in accordance with the guidelines of the Ministry of Health; This is primarily done through regional national health institutes. The regional authorities manage the regression activity in their districts and follow the guidelines of regional and central methodological management.
(3) The management of the regression activity shall be carried out at all stages in close cooperation with the competent trade union and social security authorities.
(1) Within the limits of their competence, the institutions and organisations provide the bodies of the regression procedure with the necessary assistance in carrying out the tasks arising from the law as well as from the regulations issued for its implementation (Section 10 of the Act), not only the assistance imposed in these regulations (e.g. by the notification of accidents) but also the assistance specifically requested. In particular, the supervisory authorities of the relevant trade union on safety and health at work, the authorities of the state of professional supervision and the district authorities, if requested, shall provide the supporting documents promptly, communicate the necessary data and submit technical comments.
(2) Organisations and citizens whose obligation to make a regression refund is under discussion are required to provide the necessary synergies in the regression procedure within the time limit set by the regression authorities to do so, in particular to communicate their opinion on the request, on its supporting documents and on the way in which they are established, to communicate the requested information and to submit the requested documents. An organisation wishing to waive the obligation of a regression refund must, within a time limit specified by the body of the regression procedure, indicate the evidence of the applicable circumstances (Sections 2 (2) and (3) of the Act) and, if it is in its power, submit such evidence.
Regression reporting
(1) Organisations (their organisational units) in which there has been damage to health are required (Section 10 of the Act) to report to the District Institute of National Health any accident which, under the rules on the registration of accidents at work, is recorded as an accident. The report shall be made by sending a copy of the accident record.
(2) Health care facilities are required to report accidents and occupational diseases, as well as other damage to the health of persons admitted to treatment, unless they have been safely identified as having already been reported for regression purposes. Injury, mass and fatal reports all without exception, as well as occupational diseases. Of the other accidents, they report only those accidents where circumstances suggest they were caused by someone; Other health disorders (e.g. acute poisoning by chemical pollutants, infections, etc.) are reported to the same extent.
(3) The higher trade union authorities and, in so doing, the provisions of the labour security inspectors send a copy of the report on the causes of the fatal, severe and mass accidents at work, which they have been involved in the investigation. Other authorities involved in the investigation of accidents at work and occupational diseases and in the detection of their causes (authorities of the State Mining Administration, Institute of Technical Supervision and its Inspectorate, production agricultural administrations, health services, etc.) are also required.
(4) Public safety authorities shall communicate the results of the investigations which have taken place on accidents and occupational diseases or other damage to health.
(5) Reporting agents shall indicate as precisely as possible how the injury, occupational disease or other damage to health occurred, by the organisation referred to in paragraph 1, by complete and true completion of the accident record, by the health care establishments referred to in paragraph 2, according to the data of the injured party, where possible, the authorities referred to in paragraphs 3 and 4, as determined and accompanied by a cause analysis. Health care institutions shall also express the causes of occupational diseases according to their knowledge of the workplace.
(6) The rules on the registration of accidents at work apply to the period within which and to which national health counties are sent the accident records referred to in paragraph 1. *) The reports referred to in paragraphs 2 to 4 shall be sent to the Regional Institute of National Health responsible for discussing the regression compensation referred to in Article 8.
(7) The courts and authorities of the Prosecutor's Office fulfil the obligations in respect of the competent national health institution (§ 8) which provide the damaged Socialist organisation with the opportunity to exercise its property rights in criminal proceedings. Although those rights have not been exercised in criminal proceedings, the courts shall send to the Institute a report on the outcome of the criminal prosecution for the offence by which someone has been killed or injured and the prosecution in such cases a report on the cessation of criminal prosecution or the referral of the case to another authority.
(1) Medical facilities are required to report to the competent national health institute (Section 8) also the data needed to calculate the costs of the treatment immediately after the end of treatment. They must also report the death of the victim, even if it occurred later, but in relation to causality, accidents, occupational diseases or other health damage (§ 13 (2)).
(2) The authorities carrying out the payment of sickness insurance benefits or sickness insurance (establishments where sickness insurance is carried out, the authorities of the relevant trade union movement, the authorities of the production cooperative, the authorities of the single agricultural cooperatives and the authorities of the county committees) report to the competent national health institution the amount of sickness insurance benefits (sickness insurance) paid on accident, occupational disease and other damage to health (§ 13 (2)) immediately after the end of the payment.
(3) The Social Security Services of the District Authorities are required to report to the Regional Institute of National Health responsible for discussing the regression compensation (§ 8) immediately any final decision of the Social Security Assessment Board which has been declared invalidity or partial invalidity arising from an accident, occupational disease or other damage to health.
(4) At the request of the competent national health institution or of the body responsible for the regression compensation, the social security assessors of the district office shall submit a professional statement of invalidity or partial invalidity of persons for whom the condition for social security purposes is not detected (§ 39 (3)). The necessary medical documentation shall be attached to the request for such expert opinion. Where there is doubt as to the accuracy of the observations made, the authority responsible for the regression refund or the competent national health institution may request the regional head of the social security doctor to examine that statement.
(5) The authorities referred to in the preceding paragraphs shall report immediately to the competent national health institute any change to the reported facts. However, without a specific request, the social security authorities report a change in disability (degree) only in the case of health damage for which the Ministry of Health has requested such notification in general from the State Social Security Office. *)
Preparation of documents
(1) The County Institute of National Health is obliged to ascertain the relevant facts of the case as precisely, fully and effectively as possible. To this end, it shall carry out the necessary investigations, hear witnesses who may contribute to the clarification of the matter, arrange for expert observations where necessary, request the necessary files, records and documents, and, where appropriate, other supporting documents. It uses the synergies of trade unions, permanent expert advisors of the regression commission and synergies, or assistance of institutions, organisations and citizens pursuant to § 12.
(2) In determining the supporting documents, the District Institute of National Health shall have all the rights and obligations arising from the administrative and specific rules on procedures in regression matters.
(3) In order to establish the facts, the County Institute of National Health is also entitled to conduct investigations in organisations and elsewhere.
Regression records
(1) According to the reports and management results received, the County Institute of National Health keeps records of regression refunds. it also includes the safekeeping of reports and supporting documents to allow for proper check of postulated cases.
(2) The district authorities shall also keep a record of the cases submitted to them for a decision.
(3) The records are kept according to uniform principles established by the Ministry of Health (Section 6 of the Act). * *)
An important method of preparing the supporting documents is to discuss more regression compensation at the same time with organisations that show high occupational injury. The Regression Committees shall organise this discussion so that the regression refunds are discussed as quickly as possible and that their educational purpose is reinforced as much as possible; use the participation, in particular, of the competitive and higher components of the relevant trade union movement.
(1) If, according to the results of the investigation, the County Institute of National Health considers that a citizen or organisation is liable for a regression refund, it shall notify them, with specific justification, of the obligation and the amount of the required regression refund. At the same time, they shall be invited to pay the regression compensation within 15 days, or, where appropriate, to recognise the obligation to pay it both in due time and above, or to comment within that period on the request and its supporting documents and on how they are established.
(2) The regression refunds recognised by the organisation for the purpose of discussing the regression refunds pursuant to Article 17 shall be quantified at the same time by the County Institute of National Health with reference to the recognition of the ground.
(3) Where a citizen or organisation uses the opportunity to express its objections referred to in paragraph 1 and communicates its objections, the County Institute of National Health shall be required to examine those objections and to carry out the evidence offered if they are relevant for the assessment of the obligation for the regression refund or its amount and are not unnecessary in view of the supporting documents already established safely. The content of the newly established facts shall be communicated to the participant and shall be given the opportunity to comment on them, and, in the absence of such communication, the participant shall be given the opportunity to consult them by consultation of the files or otherwise.
Deciding on regression refunds
The body responsible for the regression compensation must base its decision on a complete and objective finding of the facts of the case. If the evidence found is insufficient, it shall carry out the necessary findings itself and arrange for other supporting documents. The county authority may refer the matter back to the county National Health Institute for further investigation. The supporting documents shall be ascertained by the determining authority in the manner set out in Section 15 and, where appropriate, shall also use the assistance of expert advisers pursuant to Section 7 and cooperation, or assistance of bodies, organisations and citizens pursuant to Section 12. Paragraph 18 (3) also applies in these cases.
(1) If, according to the results of the investigation carried out, the county national health authority finds, where appropriate on the basis of the report, that a regression refund is not given, it shall not apply the regression refund and shall postpone the case. If a call for payment has already been issued, it will briefly note the reasons for the postponement. The decision (§ 26) is not to be taken in deferred cases. The postponement shall not prevent the proceeding from proceeding if it is found that there are grounds for the application of a regression refund, provided that the law has not yet been annulled (Section 7 of the Law).
(2) In other cases, after the expiry of the time limit given in the call for payment or, where appropriate, after examination of the case in the light of the objections received, the County Institute of National Health shall decide on the substance of the case if it is competent in accordance with Paragraph 2 (2); otherwise it shall refer the matter to the competent authority of the district office for decision.
(3) The Regression Refund Decision will also be issued by the District Institute of National Health in cases where a citizen or organisation has recognised the obligation of a Regression Refund in writing, both as a result and above, but does not comply with the Regression Refund under the Agreement (§ 31 (2)).
(1) In the process of regression refunds before the authorities of the county authorities, the district institution of national health is a participant; in proceedings before the authorities of the Regional National Committee, the Department of Health of the Regional National Committee may take over its tasks, which may delegate these tasks to the Regional Institute of National Health or the Regional Institute of National Health at its seat.
(2) The authority responsible for the regression refund must give participants an opportunity to comment on the whole basis for the decision and the method of its finding. They need not do so if they have been given this opportunity before (Paragraph 18) and the factual basis for the decision has not changed.
(3) While this is not necessary in order to fulfil the obligation referred to in the preceding paragraph, the body responsible for the regression refund shall discuss the matter in the present presence of the parties whenever oral proceedings are required in order to fully establish the factual background, strengthen the educational effect or increase the persuasion of proceedings and decisions.
(1) The question of substance shall be taken into account by the determining authority in each management period. Local incompetence shall be taken into account only if it has been applied at the latest in response to a call under Paragraph 18. If it is incompetent, it shall refer the matter to the competent authority.
(2) If the cases referred to in paragraph 1 are not the case, the authority determining the regression refund shall always decide on the substance of the case.
(1) The recognised regression refund must be paid within 15 days of the legal authority of the decision; The decision shall draw attention to that period. Interest on late payments is not required.
(2) The decision may also give rise to a different maturity of the refund, in particular payment in instalments or deferral of payment at a later date, where there are circumstances which make it impossible to pay immediately or, where appropriate, at once, or where it is necessary to assess in the meantime whether the debtor has complied with the conditions to which the authorisation for the reduction or remission of the regression refund has been subject (§ 24 (5)).
(3) In order to allow repayments or otherwise postpone the maturity referred to in the previous paragraph, it may also be possible without an application. Repayments shall be authorised for a citizen's application whenever he exceeds his obligation to make a regression refund of CZK 1000.
Reduction and remission of regression refund
(a) organisations
(1) The organisation is ordered a full refund.
(2) A regression refund may be reduced only exceptionally and only at the request of the organisation, provided that special circumstances of particular concern so require.
(3) Regression compensation which is dependent solely on reimbursement of medical costs and sickness insurance benefits cannot be reduced. The fixed amount of the regression compensation for partial invalidity and invalidity or death may be reduced by not more than half, with the exception of paragraph 6. The reduction is excluded in cases where a premium on regression compensation could be imposed pursuant to § 4 (1) of the Act.
(4) A special circumstance worthy of exceptional consideration may be considered as either the extremely adverse consequences that the organisation would have for paying full regression compensation (e.g. from a mass accident of a particularly large number of persons) or proven otherwise favourable results of the organisation's care for safety and health at work. These results shall be assessed in particular in the light of the tasks set out in the recovery plan.
(5) Where an organisation is authorised to reduce the regression refund, such authorisation may be subject to the condition that the organisation carries out certain measures, within a specified period, aimed at significantly reducing the accident rate over a specified period. This condition must be determined if the regression refund is reduced by more than 20 000 CZK. A larger discount can also be arranged for several periods and partial discounts can be linked to fulfilling the prescribed conditions in the specified period.
(6) A greater reduction than that referred to in paragraph 3 may be allowed only after the prior agreement of the Regional National Committee, issued in cooperation with the relevant trade union body. If the total reduction of regression compensation to the organisation from health damage incurred in the same calendar year would exceed 500 000 Kčs, the reduction may be authorised only after prior approval by the Ministry of Health, which will issue it in cooperation with the Central Council of Trade Unions; consent must be sought through the Regional National Committee.
(b) to a citizen:
(1) There is only 10 000 CZK for regression compensation against the citizen; If, however, a citizen is liable to harm his health intentionally or intoxicated, a regression refund of up to 20 000 Kčs, including a premium (§ 4 (1) of the Act) is against him.
(2) For reasons of particular concern, the citizen's regression compensation may be reduced or waived. It shall also take account of the civil circumstances, in particular the seriousness of the consequences that the payment of a regression refund on his or her nutrition and standard of living, and the standard of living of his or her spouse, relatives in a number of direct relatives or persons living with him in the same household.
(3) If a citizen is obliged to make a regression refund because he has caused a person's health to suffer intentionally or intoxicated, the regression refund may be reduced or waived only exceptionally, if the reasons for this in accordance with paragraph 2 are of exceptional importance. Both remission and reduction are excluded in cases where a rebate for regression compensation could be imposed on a citizen under Paragraph 4 (1) of the Act.
(4) When reducing and waiving the regression compensation, consideration should be carefully balanced with respect to the compulsory, with a general interest in the education of citizens, to respect the principles of socialist order.
(5) Regression compensation may be reduced or waived to the citizen even if he has not requested it.
Decision
(1) The decision must comply with the laws and other laws, must be based on the state of the matter which has been established in a reliable manner, must be duly justified and must always state the reasons for the objections and proposals of the parties. The justification must be convincing in order to show the correctness of the decision and to raise citizens and organisations to carry out their duties in an orderly manner. The decision must always contain a lesson in appeal.
(2) The decision shall always be given in writing and the participant may not relinquish its service.
Appeals
(1) The appeal shall be lodged within 15 days of the date of receipt of the decision by the authority which issued the decision. It shall have suspensory effect at the time of the appeal which cannot be excluded.
(2) The decision-making authority may, on its own, comply with the appeal lodged in its entirety and if the parties so agree. Otherwise, the authorities referred to in Section 3 shall decide on the appeal.
(3) Where a decision on the regression compensation of a professional assessment is required and the case has not been sufficiently illuminated in this respect in the previous proceedings, the appeal authority shall obtain the expert opinion of the competent safety and health authority at work, or of another expert body or organisation, the Regional Institute of National Health and through it in the most serious cases of the Ministry of Health.
Reason decision
If a judicial authority or in criminal proceedings has taken a final decision on a part of the regression compensation, *) this decision shall be binding on the grounds and for decisions on the other parts of the regression compensation from the event from which the compensation is derived.
Transitional measures
The authorities responsible for the regression refund may, before or during the proceedings, take the necessary measures to ensure the purpose of the proceedings, in particular to ensure that the items which are needed to carry out the proof are secured.
Costs
(1) The costs of the regression refund procedure must be reimbursed by the participant recognised as being liable for the regression refund. Otherwise, they shall be borne by the district office, which shall also advance the final expenses until the decision on them. The costs incurred in the proceedings by the organisation or the citizen whose obligation to repay the levy is being discussed shall be borne by that participant himself.
(2) The costs of the regression refund procedure, including the costs of the appeal and enforcement proceedings, shall be set at a flat-rate amount of 2% of the regression refund granted, but not less than 20%, - Cčs.
Management and recovery of claims
(1) The County Office manages claims on regression refunds, whether recognised or recognised, decided upon or would be competent to decide by its authorities or the County Institute of National Health. The District Office shall exercise this administration by its Financial Department. However, this administration does not concern claims on regression refunds which are settled without application or are applied by the authorities of the Ministry of National Defence and the Ministry of Interior (Section 12 of the Act).
(2) Regression refunds administered by the District Office are payable on behalf of that District Office. If the recognised claim is not met, the district office shall immediately notify the District Institute of National Health (§ 20 (3)).
(3) The decision of the authorities of the District Office or of the District Institute of National Health on regression compensation is implemented by the Financial Department of the District Office under the rules on the recovery of tax claims. Regression refunds against budgetary, cooperative and social organisations shall be made in the same way as against state economic organisations.
Use of regression compensation yield
(1) The proceeds of the regression refunds administered by the district authorities (§ 31) are the unplanned income of these regional authorities and result in a fund of reserves and the development of their economies. This also applies to the reimbursement of the costs of the regression procedure (§ 30), including the costs of proceedings in cases brought before the county authorities by the authorities of the Ministry of Defence and Interior (§ 43).
(2) The revenue referred to in paragraph 1 shall be managed by the District Office in accordance with Article 8 of the Act and the rules governing the use of the reserve fund and the development of its economy.
(3) The regression compensation shall be used by the district authorities in the first place to establish, as appropriate, better technical equipment for health care facilities and measures to protect healthy living conditions and to treat or prevent accidents and occupational diseases, and to remedy their consequences; the establishment, where appropriate, of better technical equipment for facilities and measures to protect the life and health of persons in or around the operation of organisations, and of facilities and measures to eliminate serious sources of accidents and occupational diseases or serious hygiene defects.
(4) The regression compensation will be used by the district authorities either directly or as a contribution to socialist organisations.
(5) Repayments paid to the costs of the regression procedure are primarily used by the district office to cover the costs of the regression procedure at all stages.
The organisation has no legal right to grant a contribution from the proceeds of the regression refunds. The contribution may not be granted to installations and measures of a normal nature to be provided by the organisation by its own resources. The condition for granting the contribution is that the organisation cannot provide facilities and measures in time from its own resources, although efficiently used, and that it does not neglect its responsibilities on the safety and health sector at work.
If the contribution is granted at the request of the organisation, the request shall be discussed by the district office responsible for the operation or workplace for which the contribution is to be granted.
(1) The district office providing the contribution shall at all times determine the purpose of the application and the period within which the use of the contribution is to be declared and accounted for and, where appropriate, other conditions.
(2) If the organisation does not demonstrate that it has used the contribution under the specified conditions, it shall repay the contribution. The obligation to repay the contribution shall be decided by the administrative district office which granted the contribution in the proceedings.
Regression Refunds
(1) The rate of regression compensation for the costs of preventive care (§ 3 (a) of Act No. 33 / 1965 Coll.) is fixed at:
(a) for constitutional care (including spa care) of the amount of Kčs 100, - for each day of such care without account being taken of the type of medical establishment in which such care was provided;
(b) for outpatient care, the amount of Kčs 10, - for each day of incapacity for work (the days of institutional care are deducted), and for each treatment (surgery or visit), provided that such care is not linked to incapacity for work, a lump sum of Kčs 50; in both cases, however, at least the amount of Kčs 100, -.
(2) The rates laid down shall cover the costs of institutional and outpatient care, including medicines, bandages and routine medical and orthopaedic supplies, as well as the transport costs of sick or health workers. Treatment and orthopaedic devices which are not common (e.g. limb prostheses, sick carts) are not included in the specified rates and are calculated in particular, according to the relevant price lists or tariffs, or at the level of contributions to them, as appropriate.
(3) For dental care provided, the price of free precious metal, as well as the fees for crowns, bridges, fixation splints and other fixed dental prostheses, or other payments, shall be added to the fixed rates of constitutional or outpatient care provided that it is not paid by the injured person himself or is exempt from them.
Regression compensation for sickness insurance benefits (sickness insurance) covers only benefits due to health damage and is calculated on the basis of the amounts actually paid.
(1) The fixed amount of the regression compensation for invalidity or death shall be 100 000 CZK, 50 000 CZK for partial invalidity.
(2) The fixed amount referred to in paragraph 1 shall be the replacement of all pension benefits which would be granted on grounds of invalidity (partial invalidity) or death of the injured party. The fixed amount in the event of the victim's death is also due in cases where no survivor's pension has been granted.
(3) The fixed amounts referred to in paragraph 1 shall also be due in cases where the damage or survivors of the latter are not entitled under the pension rules or have not incurred such rights. Where invalidity is not detected for pension purposes, the invalidity or partial invalidity shall be considered to be such a long-term adverse health condition resulting from an injury or other damage to health (Section 13 (2)) which would correspond to the conditions of invalidity or partial invalidity under social security rules for persons in employment.
(4) The fixed amount under the previous provisions shall not affect regression compensation for the costs of preventive care and sickness insurance benefits. However, the cost of preventive care provided after invalidity (partial invalidity) is not required unless it is the costs referred to in Paragraph 37 (1) (c), first time in the invalidity. There is also no requirement for paid funeral payments.
(5) The case shall be dealt with on a regression basis and any subsequent changes, whether favourable or unfavourable, shall not be taken into account by granting or voluntary payment of the fixed amount referred to in paragraph 1. However, if the injured person has ceased to be an invalid within one year of being recognised as an invalid, the compulsory citizen or organisation shall be returned to what they paid for the fixed amount of the regression compensation after deduction of the pension benefits actually paid. These effects do not simply change disability into partial disability.
(6) The right to repayment under the preceding paragraph shall cease if it has not been exercised by a citizen or organisation within 6 months of the payment of the pension to the injured party having been definitively stopped. This entitlement shall be decided by the regression committee of the District Office.
By way of derogation from the provisions of Sections 37 to 39, by way of special adjustments to the regression refunds on certain occupational diseases *), the amount of the regression refunds may be adjusted by way of derogation from the provisions of Section 37 to 39; the procedure may also be laid down in those provisions under Section 11 of the Act by way of derogation from the provisions of Section I.
Restrictions on application
(1) Regression refunds on non-occupational health damage and on minor non-occupational health damage are applied
(a) against organisations only if, in one accident, more than two persons have been harmed or if there are repeated accidents indicating a lack of discipline on the occupational safety and health sector;
(b) against citizens only if the citizen has caused such damage to health intentionally or only out of negligence, but again in drunk or otherwise in circumstances suggesting a particular lack of sense of socialist order, or if more than one person is eligible for harm.
(2) The health damage referred to in paragraph 1 shall be considered to be minor, which only required outpatient care, with less than five treatments.
(3) The restriction referred to in paragraph 1 does not apply where the provisions on the recognition of incapacity for work have not been respected.
(1) Regression refunds against organisations and citizens, where they are insured with the State Insurance Corporation against their regression liability, shall be settled without application with the determining authority in cases provided for in an agreement concluded by the Ministry of Health with the Ministry of Finance. The provisions of this Agreement shall also be adapted to the disposition with the yield of the regression refunds thus settled.
(2) Under the special arrangements referred to in paragraph 1, a premium on the regression compensation referred to in Paragraph 4 (1) of the Act shall not be paid.
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Regulation Information
| Citation | Decree of the Ministry of Health No. 34 / 1965 Coll., implementing the Act on Regression Refunds |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.04.1965 |
|---|---|
| Effective from | 01.05.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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