Act No. 438 / 2020 Coll.
Act on the treatment provision of emergency measures in the context of the epidemic and amending Act No. 187 / 2006 Coll., on sickness insurance, as amended
Valid
Law
Effective from 30.10.2020
438
THE LAW
of 29 October 2020
on the adjustments to the provision of medical care in the context of emergency measures for the epidemic and amending Act No. 187 / 2006 Coll., on sickness insurance, as amended
Parliament has decided on this law of the Czech Republic:
PROVISION OF INDIVIDUAL INDIVIDUAL INDIVIDUALS IN EPIDEMIA
(1) For the purposes of this Act, exceptional measures in the context of an epidemic shall mean:
(a) the emergency measure declared by the crisis management authority under the Crisis Act and the emergency measure issued by the Public Health Protection Authority under the Public Health Protection Act for the protection of the population and the prevention of the risk of the emergence and spread of infectious diseases, where those measures concern the prohibition of the personal presence of children, pupils and students in establishments and schools or parts thereof referred to in § 39 (1) (b) (1) of the Law on sickness insurance and Article 70 (2) (f) (1) of the Law on the service relationship of members of the Security Corps as a result of the disease of COVID- 19 caused by a new coronavar known as SARS CoV-2 (hereinafter "COVID-19");
(b) the quarantine order to the child or person referred to in Article 3 (1) (b) in direct connection with the disease COVID-19;
(c) the measure under the Education Act or the implementing legislation which closed the establishment (s) referred to in Section 39 (1) (b) (1) of the sickness insurance Act and in Section 70 (2) (f) (1) of the Law on the service of members of the Security Corps and which was taken in direct connection with the disease of COVID-19.
(2) Entitlements under this Act are established and maintained only during the period of the emergency measures in the event of an epidemic, but no later than 30 June 2021.
(3) Unless otherwise provided for in this Act, the sickness insurance law applies.
(4) This law applies to legal relationships which are not covered by the directly applicable European Union social security regulation (1).
(1) The measure referred to in Article 1 (1) (c) shall also be considered as a regulation by the competent authority on the closure of the establishment under § 39 (1) (b) (1) of the sickness insurance law and under § 70 (2) (f) (1) of the Law on the service of members of the Security Corps.
(2) An establishment under § 39 (1) (b) (1) and (2) of the sickness insurance law and under § 70 (2) (f) (1) and (2) of the Law on the service relationship of members of the Security Corps also means a facility intended for the care of persons who are dependent on the assistance of another person at least in Level I (easy dependency) under the Social Services Act.
(3) Article 39 (5) (b) of the Sickness Insurance Act and Article 39 (5) (g) of the Sickness Insurance Act shall not apply for the period of application of the emergency measure in the event of an epidemic, and shall apply for staff working under the employment agreement.
(1) A staff member who is unable to work in employment for reasons of care
(a) an unprovided child who is dependent on the assistance of another person at least at stage I (light dependency) under the Social Services Act and cannot attend school due to exceptional epidemic measures; the child's inprovision is assessed under the Pension Insurance Act,
(b) a person over the age of 10 who is located in an installation referred to in Article 2 (2) but cannot visit that establishment due to exceptional measures in the event of an epidemic;
(c) an unprovided child with special educational needs under the Education Act, if there is a child with serious developmental behavioural disorders, concurrent disabilities with multiple defects or autisme4), who has been issued a recommendation from a school counselling institution for the purpose of establishing support measures for his or her education (5) (hereinafter referred to as "a child with special educational needs"), if he / she cannot attend school due to emergency measures.
(2) A staff member operating under an agreement to carry out a job or an employee operating under an agreement to work on a small scale who is not participating in sickness insurance in the calendar month in which the need for care arose shall also be entitled to medical treatment if he has participated in sickness insurance in at least three calendar months immediately preceding the calendar month in which the need for care arose.
(3) Entitlement to medical fees for which entitlement under this Act has been established shall cease to exist.
(4) The entitlement to the sickness benefit is not in the period of school holidays and holidays declared by the school director during the school year.
(5) The allowance shall not be paid for the working day of the calendar week, unless the staff member has been entitled to the payment of the medical fee during that week or for the 1 calendar day which was to be the working day of the calendar week for the staff member and in which the need for care lasted.
(6) The condition for entitlement to medical care shall be that an uninsured child or a person referred to in paragraph 1 or a child under 10 years of age, if he is entitled to medical treatment under § 39 (1) (b) (1) and (2) of the sickness insurance law, lives with a household worker; This does not apply in the case of the care of this child or of this person to its relatives in a direct or secondary line under Section 772 of the Civil Code.
(1) The period of support for the treatment shall be extended by the period during which the closure of the establishment or school or part thereof took place due to exceptional measures for the epidemic referred to in Article 1 (1) (a) or (c), and by the period during which the quarantine regulation referred to in Article 1 (1) (b) took place.
(2) Within the framework of the support period provided for in paragraph 1, the replacement provided for in Paragraph 39 (4) of the First Law on sickness insurance shall be possible several times, the replacement being impossible in one calendar day; the conditions for entitlement to the medical and decision-making period shall be assessed for each creditor on the date of the first taking of custody.
(3) The payment of the nursing care allowance for the period extended pursuant to paragraph 1 shall be treated mutatis mutandis under Section 110 of the sickness insurance law.
(4) The amount of the treatment per calendar day during the period of the emergency measure for the epidemic is 80% of the daily assessment basis.
(1) The allowance shall be paid for each calendar month for the days of care declared on the prescribed form; in the case of replacements pursuant to Article 4 (2), the date on which the child or another person was taken care of by the other authorised person shall also appear on this form.
(2) In the event of entitlement to the payment of medical fees under Section 109 (5) (b) of the sickness insurance law in the event of the closure of an establishment referred to in Section 39 (1) (b) (1) of the sickness insurance law and Article 2 (2) or part thereof under the regulations of the competent authorities, the certificate of closure of that establishment shall be replaced by a declaration from the staff member applying for the benefit; This shall apply mutatis mutandis to the duration or termination of such closure. The application for a benefit shall state the name, surname and birth number of the child and the name and address of the establishment to which the child visits. In addition, the entitlement to the payment of medical fees in the case referred to in § 3 (1) (c) shall be certified by the school's confirmation stating that it is a child with special educational needs pursuant to § 3 (1) (c). Paragraph 97 (1) of the last sentence and Article 106 of the sickness insurance law, if it is a certificate of closure according to the first sentence, shall not apply.
(3) The employer is obliged to confirm, on the prescribed form, the facts relevant to the claim for medical treatment in the case of staff referred to in Section 3 (2). An infringement of this obligation shall be considered an infringement under Paragraph 97 (1) of the sickness insurance law.
(4) At the request of the staff member, the school is required to certify, for the purposes of the nursing care, that it is a child with special educational needs as referred to in Article 3 (1) (c). Infringement under the first sentence and under the first sentence of Paragraph 6 shall be regarded as an infringement under Section 106 of the sickness insurance law.
The staff member shall demonstrate compliance with the condition laid down in Paragraph 3 (6) by a declaration of honour.
The establishment referred to in Article 39 (1) (b) (1) of the sickness insurance law and Article 2 (2) shall, for inspection purposes, communicate, at the request of the sickness insurance authority, the information necessary to verify the facts referred to in Article 5 (2). Applications shall be submitted and the data shall be communicated electronically in such a way as to enable remote access if there is no agreement between the establishment and the sickness insurance authority.
(1) In the case of a staff member in employment or service relationship, the amount of the service shall be at least CZK 400 per calendar day. If the staff member has a shorter working or service contract (2) than the fixed weekly work or service contract (3), the amount of the medical fees per calendar day shall be at least the amount fixed as the product of the sum of CZK 400 and the reduction coefficient for working time. The reduction coefficient shall be determined as a proportion of the shorter working or service hours and the fixed weekly working or service hours and rounded to 3 decimal places in force; it is based on the information on the fixed weekly working or service hours and shorter working or service hours on the date of the emergency measure referred to in points (a) and (c) of Article 1 (1) or on the date of the quarantine regulation referred to in point (b) of Article 1 (1).
(2) If the staff member claims multiple-employment medical fees in the employment or service relationship and in any of these employment periods does not correspond to the fixed weekly working or service hours, the amount of the medical fees per calendar day shall be at least the amount fixed in accordance with the procedure laid down in paragraph 1, second and third sentences, if the amount of the medical fees per calendar day calculated from the daily assessment basis established under § 20 of the sickness insurance law is less than CZK 400. The reduction coefficient shall be the sum of those coefficients determined in accordance with the third sentence of paragraph 1 for such employment; the coefficient may not exceed 1.
(3) For the purposes of determining the amount of the medical fees referred to in paragraphs 1 and 2, the employer shall indicate on the prescribed form the specified weekly working or service hours of the staff member and, in shorter working or service periods, the reduction coefficient calculated in accordance with the procedure referred to in paragraph 1, third sentence. An infringement of this obligation shall be considered an infringement under Paragraph 97 (1) of the sickness insurance law.
(4) The provisions of paragraphs 1 and 2 shall apply only to the determination of the amount of the medical fees to which a claim has been made for the care of the child or of the person referred to in Article 3 (1) (b) by reason of the publication of an emergency measure for the epidemic referred to in Article 1 (1), but not earlier than 14 October 2020.
(1) A member of the Security Corps who is prevented from carrying out a child care service or a person in the cases referred to in Article 3 (1) shall also be entitled to leave the service provided for in Section 71 (2) of the Law on the service of members of the Security Corps.
(2) The period of leave of service with the provision of the service income provided for in Article 71 (2) of the Law on the service relationship of members of the Security Corps is extended by the period during which the closure of the facility or school took place due to exceptional measures for the epidemic referred to in Article 1 (1) (a) or (c) and by the period during which the quarantine regulation referred to in Article 1 (1) (b) took place.
For the purposes of pension insurance, the period referred to in the second sentence of Section 16 (4) (a) of the Pension Insurance Act shall also be considered to be the period of the provision of medical care under this Act.
(1) Paragraph 4 (1) also applies where the period of support under the sickness insurance law has already expired before the date of entry into force of that law. Paragraph 8 (2) also applies where the duty leave has already been exhausted for the same reason before the date of entry into force of this Act.
(2) This Act also provides for the assessment of claims for nursing care for the period from 5 October 2020 until the date of entry into force of this Act.
(3) For the purposes of this Regulation, the following definitions apply:
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, Act No. 100 / 2011 Coll.
1. In Paragraph 96, the sentence "The employer shall also be obliged, for the period specified in the sentence, to keep the originals of the applications of his employees, if they are for benefits under § 4 (b) to (f), and other supporting documents, the copies of which he has forwarded to the district social security administration in accordance with the procedure laid down in § 97 (1) second sentence. '
2. Paragraph 97 (1) reads as follows:
"(1) The employer shall receive applications for benefits from his employed persons, with the exception of sickness benefits, and other supporting documents necessary for determining entitlement to and payment of benefits, and shall immediately transmit them together with the information necessary for calculating benefits to the county social security authority. The applications and supporting documents referred to in the first sentence shall be transferred by the employer to the electronic form and, at least in the form of a simple copy, shall be transmitted to the district social security administration by the data report in the manner referred to in Article 162 (1); for the transmission of applications and supporting documents, the provisions of Article 162 (2) (a) in the part of the sentence after the semicolon and Article 162 (3) (b) shall apply mutatis mutandis. The information for the calculation of benefits shall be sent by the employer in electronic form to the electronic address designated by the district social security administration. Where a paternity claim is sought, the employer shall forward the application to the district social security administration, in accordance with the first sentence, immediately after the expiry of the period of support referred to in Article 38b, and if the application is for medical care, the employer shall forward the application after the period of support referred to in Article 40 or after the issuance of a certificate stating the duration of the treatment requirement referred to in Article 69 (a). ';
3. In Article 97, at the end of paragraph 2, the sentence "The second sentence shall apply mutatis mutandis to the transmission of documents for the establishment of entitlement to sickness."
4. In Paragraph 97, at the end of paragraph 6, the sentence "The documents referred to in this paragraph need not be transmitted by the employer to the district social security administration in electronic form in accordance with the procedure laid down in paragraph 1. 'is added.
5. In Paragraph 97 (7), the text "1 a 'is inserted after the word" paragraph'.
6. In Paragraph 109, the following paragraph 9 is inserted after paragraph 8:
"(9) In the case of employed persons, for the application for a benefit referred to in paragraph 1 (a), points (b) and (c) shall apply. (b) a simple copy of the application submitted by the employer to the district social security administration in electronic form in accordance with the procedure laid down in Article 97 (1) shall also be considered; this shall apply mutatis mutandis to the supporting documents necessary for determining entitlement to benefits and their payment pursuant to paragraph 3 (c) and paragraphs 4 to 8. ';
Paragraph 9 shall become paragraph 10.
EFFECTIVE
This law shall take effect on the day of its publication, except for the last sentence of Paragraph 5 (2) of Section 97 (1) of the last sentence of the first and Article 11, which shall take effect on the first day of the calendar month following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
1) For example, Regulation (EC) No 883 / 2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended, Regulation (EC) No 987 / 2009 of the European Parliament and of the Council of 16 September 2009 laying down detailed rules for the application of Regulation (EC) No 883 / 2004 on the coordination of social security systems, as amended, Regulation (EU) No 1231 / 2010 of the European Parliament and of the Council of 24 November 2010 extending the scope of Regulation (EC) No 883 / 2004 and Regulation (EC) No 987 / 2009 to third-country nationals not yet covered by those Regulations solely by their nationality.
2) Section 80 of the Labour Code.
3) Section 79 of the Labour Code. Section 99 of Act No. 234 / 2014 Coll., on Civil Service.
4) Paragraph 16 (9) of Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act).
5) Article 15 (2) and (5) of Decree No. 27 / 2016 Coll., on the education of pupils with special educational needs and of pupils gifted, as amended.
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Regulation Information
| Citation | Act No. 438 / 2020 Coll., on arrangements for the provision of medical care in connection with emergency measures in the event of an epidemic and amending Act No. 187 / 2006 Coll., on sickness insurance, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.2020 |
|---|---|
| Effective from | 30.10.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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