Decree No. 469 / 2017 Coll.
Ordinance on Rules of Procedure of the Supervisory Body and on Rules of Management with Special Account
Valid
Order
Effective from 01.01.2018
Text versions:
01.01.2018
28.12.2017
469
DECLARATION
of 20 December 2017
concerning the Rules of Procedure of the Supervisory Body and the management rules with a special account
The Ministry of Health and the Ministry of Finance provides, pursuant to § 21f (b) and (c) of Act No. 592 / 1992 Coll., on Insurance for Public Health Insurance, as amended by Act No. 145 / 2017 Coll., ("the Act '):
Subject matter
This Order lays down the Rules of Procedure of the Supervisory Body and the rules on the management of a special account.
Rules of Procedure of the Supervisory Body
(1) A member of the Supervisory Body (hereinafter referred to as "member") shall transmit a document or a copy of the document proving his membership of the Supervisory Authority to the administrator of the Special Account. At the same time, the administrator of the special account and the Secretary of the Supervisory Body (hereinafter referred to as "the Secretary ') shall transmit his contact details, which shall be the name, e-mail address and the data box identifier of the relevant health insurance undertaking or ministry.
(2) The members shall elect a Chair of the Supervisory Body (hereinafter referred to as "the President"), a Vice-Chair of the Supervisory Body (hereinafter referred to as "the Vice-Chair") and a Secretary for a period of one year each. The same person may be re-elected as Chairman, Vice-President or Secretary.
(3) The Vice-President shall represent the President in his absence in his full capacity.
(4) The Secretary shall perform the tasks assigned to him by the Supervisory Body in connection with the provision of the activities of the Supervisory Body.
(1) The meetings of the Supervisory Body shall be convened by the President once a month. If necessary, an emergency meeting of the Supervisory Body shall be convened by the President, the Vice-President or the administrator of the Special Account. At a time when neither the President nor the Vice-President is elected, meetings of the Supervisory Authority shall be convened by the administrator of the Special Account.
(2) The hearing of the Supervisory Body is private. The deliberations of the Supervisory Body shall be managed by the Chairperson or Vice-Chair. On a proposal from a member, the President, Vice-President or the administrator of the special account may invite other persons to attend the meetings of the Supervisory Body, as well as other persons whose participation is needed to discuss issues relating to the supervision of compliance with the management rules with the special account. A person representing the administrator of the special account shall always participate in the proceedings of the Supervisory Body.
(3) In each hearing of the Supervisory Body, the person representing the administrator of the special account shall inform the members of the management of the special account and of the results of the monthly redistribution carried out and shall transmit to all members the information communicated by the relevant health insurance companies under the law. Once a year, the person representing the administrator of the special account shall transmit to the members the annual accounts of the insured persons and the amounts claimed for them.
(4) The supervisory authority shall, at its meeting, instruct members in writing to check the details of the relevant health insurance companies which are the monthly basis for the redistribution of insurance premiums.
(1) The supervisory authority shall adopt the conclusions by means of a resolution. The Supervisory Body shall be quorum only if the members present have at least 3 votes. The adoption of the resolution shall be taken in public and shall require a majority of the members present.
(2) The vote of members representing other health insurance undertakings under Article 21d (1) (e) of the Act is recorded separately from the vote of members present representing other health insurance undertakings. In the event of a tie, the vote shall be repeated. If there is a tie in the revote, that vote shall be deemed abstention.
(3) The Secretary of the Supervisory Body shall draw up a minutes of the conduct of the deliberations and send them to all members. The minutes shall always include the date of the hearing, the list of members present and the brief content of each item under consideration with the conclusions reached.
(4) If any member objects to the content of the minutes, the Secretary shall attach them to the minutes and shall discuss them at the next hearing of the Supervisory Body.
(5) Prior to the opening of the proceedings of the Supervisory Body, members may agree to obtain a phonogram by a person representing the administrator of the special account. The acquisition of the phonogram shall be put to the vote in accordance with paragraphs 1 and 2. The audio recording shall be transmitted to the administrator of the special account until the Supervisory Authority has decided that it will not be maintained.
(1) The hearing and adoption of the resolution of the Supervisory Body pursuant to paragraphs 3 and 4 may be replaced by a resolution of the Supervisory Authority by means of technical means of distance communication, provided that:
(a) the President, the Vice-President or the administrator of the special account shall send to each member a programme of the replaced meeting to the data box of the relevant health insurance undertaking or the Ministry, including the date of its holding, the information referred to in Article 3 (3), the supporting documents for each item of the programme, the motions for resolutions proposed, the identifier of the data box and the e-mail address to which the member may deliver his opinion; and
(b) all members shall send their opinion on the agenda for the replacement act and on the motions for resolutions to the designated data box or to the designated e-mail address, if the opinion is signed by a recognised electronic signature of the member, within 7 working days of the date of dispatch of the supporting documents referred to in (a).
(2) If one of the members delivers a negative opinion on the agenda or at least one motion for a resolution or fails to deliver an opinion, the President, Vice-President or administrator of the Special Account shall convene the Supervisory Body within the specified time limit referred to in Article 3 (1).
Management rules for a special account
(1) If the competent health insurance undertaking, in accordance with Article 21 (1) (c) of the Act, gives the administrator of the special account the incorrect amount of the premium collected, the administrator of the special account shall, at the earliest reallocation, make a correction before calculating the total amount by adding or subtracting the difference between the amount of the premium collected and the amount actually determined.
(2) The administrator of the special account has rounded up the calculated total amount attributable to the relevant health insurance undertaking in accordance with Section 21b of the Act to the whole crown down. This applies mutatis mutandis to the amount of the difference between the claim of the relevant health insurance company for compensation for the cost of the services paid for the last calendar year in question and the total amount of advance payments granted to it under Section 21c (4) of the Act.
Efficacy
This Decision shall enter into force on 1 January 2018.
Minister for Health:
Mgr. et Mgr. Vojtěch v. r.
Minister of Finance:
JUDr. Schiller, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 469 / 2017 Coll., on Rules of Procedure of the Supervisory Body and on Rules of Management with Special Account |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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