Act No 351 / 2009 Coll.
Act amending Act No. 280 / 1992 Coll., on departmental, branch, corporate and other health insurance companies, as amended
Valid
Law
Effective from 01.11.2009
Text versions:
01.11.2009
09.10.2009
351
THE LAW
of 11 September 2009
amending 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:
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. 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. 261 / 2007 Coll., and Act No. 296 / 2007 Coll., is amended as follows:
1. Paragraph 4 (1) reads as follows:
"(1) An applicant for an authorisation pursuant to Section 3 may be a general health insurance company established in the territory of the Czech Republic which is not:
(a) health care establishments;
(b) the founder, owner or co-owner of the medical establishment;
(c) owned by a legal person who is the founder, owner or co-owner of a medical establishment. ';
2. in Paragraph 4 (2) (f), "50 000" is replaced by "100 000."
3. In Paragraph 4a (1), the figure "50 000 000 'is replaced by" 100 000 000'.
4. Paragraph 6 (2) reads as follows:
"(2) Without liquidation, the employee insurance undertaking shall be abolished:
(a) the merger with the General Health Insurance Company of the Czech Republic; or
(b) a merger with another occupational insurance undertaking. ';
5. In Article 6, the following paragraph 3 is inserted after paragraph 2:
"(3) The merger of an occupational insurance undertaking with another occupational insurance undertaking referred to in paragraph 2 shall be possible only if the occupational insurance undertaking has not reached the number of insured persons in accordance with Paragraph 4 (2) (f) or where forced administration has been introduced in accordance with Article 7 (1) (b). The merger shall abolish the employee insurance undertaking which has not reached the necessary number of insured persons or to which forced administration has been introduced. ';
Paragraphs 3 to 7 shall be renumbered paragraphs 4 to 8.
6. Paragraph 6 (4) reads as follows:
"(4) The merger will be notified by the General Health Insurance Company of the Czech Republic without delay by the employee insurance company of the Ministry of Health. The merger of employee insurance companies requires an authorisation issued by the Ministry of Health after the statement of the Ministry of Finance, provided that:
(a) occupational insurance undertakings shall demonstrate that they will comply with the conditions required for the authorisation to carry out general health insurance, with the exception of the condition laid down in § 4a;
(b) submit a proposal for a new insurance plan; and
(c) the successor employee insurance undertaking, as a result of the merger, shall not fulfil the conditions for the establishment of a compulsory administration pursuant to Article 7 (1). "
7. In Article 6, the following paragraph 5 is inserted after paragraph 4:
"(5) In the case where more than 200 000 insured persons are cancelled by the merger, the Ministry of Health shall grant the authorisation provided for in paragraph 4 after the Government has agreed. ';
Paragraphs 5 to 8 shall be renumbered paragraphs 6 to 9.
8. In Article 6 (6), the last sentence is deleted.
9. In Article 6 (7), the words "or the merging 'are deleted and the words" paragraph 3' are replaced by the words "paragraph 4 or 5 '.
10. in Paragraph 6 (9), "paragraph 6" is replaced by "paragraph 8."
11. in Article 7 (1), the words "in particular, the imbalance in the management of an occupational insurance undertaking (in particular as regards its solvency) or the failure to comply with a reserve fund or to comply with this law or other general health insurance provisions or non-compliance with an approved health insurance plan," shall be deleted;
12. In Article 7, the following paragraph 2 is inserted after paragraph 1, including footnote 4:
"(2) The employer's insurance undertaking shall have serious deficiencies in the activity referred to in paragraph 1 in particular where:
(a) stop payments of a substantial part of its financial obligations (4); or
(b) is late in fulfilling its obligations beyond the maturity period for more than 3 months4); or
(c) it is not possible to obtain satisfaction of any of the cash claims due against an occupational insurance undertaking through the enforcement of a decision or execution 4); or
(d) does not comply with an approved health insurance plan.
4) Paragraph 3 (2) of Act No. 182 / 2006 Coll., on the bankruptcy and the way in which it is dealt with (insolvency law). "
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
13. in § 7 (7), "§ 6 (7)" is replaced by "§ 6 (9)."
14. in Paragraph 9a (5):
"(5) The function of director of an occupational insurance undertaking may not be exercised by a person who:
(a) he is the director, member of the Management Board or Supervisory Board of another occupational insurance undertaking;
(b) is a member of a statutory body, supervisory board, a member of a legal person who is a supplier of goods or services to an occupational insurance undertaking or is an employee or in a similar legal relationship to that legal person;
(c) as a natural person who supplies goods or services to an occupational insurance undertaking; or
(d) be in the position of a person close to the persons referred to in points (a) to (c). ';
15. In Paragraph 9a, the following paragraph 6 is inserted after paragraph 5:
"(6) A person who has served as director, member of the Management Board or member of the Supervisory Board of another deceased employee insurance undertaking shall not be allowed to act as director of the occupational insurance undertaking. '
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
16. In Article 10 (7), the sentence "A member of the Management Board or the Supervisory Board may no longer become a person who has served as Director, a member of the Management Board or a member of the Supervisory Board of another deceased employee insurance undertaking in the last 5 years."
17. in § 22a (2), "§ 6 (6)" is replaced by "§ 6 (8)";
Transitional provisions
1. Ministerial, business, corporate and other health insurance companies established or established under existing legislation are obliged to comply with the conditions laid down in § 4 (1) of Act No. 280 / 1992 Coll., as amended by this Act, no later than 1 year after the date of application of this Act.
2. The department, branch, business and other health insurance company, which will not reach 100 000 insured persons within 1 year of the establishment of at least 100 000 insured persons, is obliged to reach this number of insured persons no later than 2 years after the entry into force of this Act.
3. The existing legislation shall apply to applications for authorisation submitted before the date of application of this Act, as well as to bail in respect of such applications.
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
Wolf
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 351 / 2009 Coll., amending 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 | 09.10.2009 |
|---|---|
| Effective from | 01.11.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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