Act No. 520 / 2021 Coll.
Act on further adaptations to the provision of nursing care in connection with exceptional measures for the disease epidemic COVID-19
Valid
Law
Effective from 23.12.2021
520
THE LAW
of 15 December 2021
on further adjustments to the provision of medical care in connection with exceptional measures for the disease epidemic COVID-19
Parliament has decided on this law of the Czech Republic:
Preliminary provisions
(1) For the purposes of this Act, exceptional measures in the context of an epidemic shall mean:
(a) emergency measures declared by the crisis management authority under the Crisis Act and exceptional measures issued by the Public Health Protection Authority under the Public Health Protection Act to protect the population and prevent 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 an establishment or school or parts thereof referred to in § 39 (1) (b) (1) of the sickness insurance law and in § 70 (2) (f) (1) of the Law on the service relationship of members of the Security Corps as a result of COVID-19 caused by a new coronavar known as SARS CoV-2 (hereinafter "COVID-19");
(b) exceptional measures under the Act on emergency measures in the event of an outbreak of COVID-19 disease and on the modification of certain related laws which have reduced teaching or other activities of a school or school establishment, children's groups, children's facilities requiring immediate assistance, children's care facilities under the age of 3, children's education, education or extracurricular training of children over the age of 3 or other similar facilities, or laying down conditions for teaching or other activity, or for their personal presence, provided that such measures result in the personal absence of children, pupils and students in those schools and establishments or parts thereof;
(c) the measures provided for in the Education Act or in the Implementing Legislation issued for its implementation which have been concluded by the establishment or school or parts thereof referred to in Article 39 (1) (b) (1) of the sickness insurance law and Article 70 (2) (f) (1) of the Law on the service of members of the Security Corps and which has been taken in direct connection with the disease of COVID-19;
(d) the quarantine order to the child or person referred to in Article 3 (1) (b) in direct connection with the disease COVID-19.
(2) Where emergency measures in the event of an epidemic referred to in points (a), (b) and (c) of paragraph 1 are immediately linked or overlap, the accompanying or overlapping measures shall be considered as a continuation of the previous emergency measure. Where exceptional measures are taken in the event of an epidemic referred to in paragraph 1 (d) immediately for the previous emergency measures referred to in paragraph 1 (d). (d) or overlap with it, this downstream or overlapping measure shall be considered as a continuation of the previous emergency measure.
(3) Entitlements under this law arise and continue only during the period of emergency measures in the event of an epidemic, but no later than 28 February 2022.
(4) The measures provided for in the Education Act or the implementing legislation issued for its implementation, which have been concluded by the establishment or school or parts thereof referred to in Section 39 (1) (b) (1) of the sickness insurance law and in Section 70 (2) (f) (1) of the Law on the service relationship of members of the Security Corps and which have been adopted in direct connection with the disease of COVID-19, shall also be understood for the purposes of this Act as exceptional administrative leave and exceptional training in accordance with the Act on extraordinary Director's leave and exceptional training in a distance for the period of the disease of COVID-19.
(5) The sickness insurance law shall apply unless otherwise provided for in this Act.
(6) 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) (b) and (c) shall also be considered as a regulation by the competent authority on the closure of the establishment or school or parts thereof referred to in Article 39 (1) (b) (1) of the sickness insurance law and under Article 70 (2) (f) (1) of the Law on the service of members of the Security Corps.
(2) An establishment under Section 39 (1) (b) (1) and (2) of the sickness insurance law and under Section 70 (2) (f) (1) and (2) of the Law on the service relationship of members of the Security Corps shall also be considered as an establishment 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) Section 39 (5) (b) of the Sickness Insurance Act and Section 39 (5) (g) of the Sickness Insurance Act shall not apply to claims for sickness insurance under Section 39 (1) (b) of the Sickness Insurance Act and, if they are staff members operating under an employment agreement, also Article 39 (5) (g) of the Sickness Insurance Act.
Conditions for entitlement to medical fees
(1) A staff member who is unable to work on the job on the grounds of:
(a) care for 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) care for a person over 10 years of age who is located in an establishment referred to in Article 2 (2) but cannot attend that establishment due to exceptional measures in the event of an epidemic;
(c) care for an unprovided child with special educational needs under the Education Act, if a child with serious developmental behavioural disorders, concurrent disabilities, or autismem2) has been given a recommendation from the educational institution for the purpose of establishing supportive measures for his or her education3) (hereinafter referred to as "child with special educational needs") if he or she cannot attend school due to emergency measures; or
(d) the treatment of another natural person whose medical condition, due to illness or accident, requires the treatment of another natural person or of a woman who has given birth, if her condition requires the treatment of another natural person immediately after birth.
(2) A staff member who has taken up employment during the period of emergency measures in the event of an epidemic shall also be entitled to medical treatment if the need for childcare or for the person referred to in paragraph 1 arose before the date of taking up his employment and lasts at least on that date; the date on which such care was needed shall be the date on which the staff member began to take care of the child or the person due to exceptional measures in the event of an epidemic. In this case, participation in sickness insurance shall be subject to the condition for at least 90 calendar days in the last 6 months immediately preceding the day on which the child or the person referred to in paragraph 1 began to be cared for by reason of an emergency epidemic. Pending participation in sickness insurance for the right to medical treatment as referred to in the first sentence, also the following shall be included:
(a) the period of study in secondary, higher vocational or higher education or in conservatory considered to be continuous preparation for the future occupation for the purpose of pension insurance (4), if this study has been successfully completed;
(b) the duration of the invalidity pension for the third-degree invalidity if that pension has been withdrawn and after the pension has been withdrawn, or if the insured activity has continued,
(c) the duration of the holding in the register of applicants for employment; or
(d) the duration of the parental allowance.
The periods referred to in points (a) to (d) shall be counted to the extent that they are not covered by the sickness insurance activity; where the periods referred to in points (a) to (d) overlap, they shall be counted only once.
(3) A staff member who is active under an agreement on the performance of a job or an employee who is active under an agreement on a small-scale employment which 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 been involved in sickness insurance in at least three calendar months immediately preceding the calendar month in which the need for care arose.
(4) Entitlement to medical fees for which entitlement under this Act has been acquired will cease to exist.
(5) The entitlement to the payment of medical fees is not, in the period of school holidays and free days declared by the school director during the school year, except for exceptional leave of directors under the Act on special leave and exceptional training in a distance manner for the period of disease epidemic COVID-19.
(6) 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.
(7) The condition for entitlement to nursing care is that the person to whom treatment or care is provided lives with a household worker; This does not apply in the case of the treatment or care of a relative in the direct line 5) and of the siblings of the employee's spouse, registered partner (registered partners) of the employee, parents of the spouse or registered partner (registered partners) of the employee.
Treatment amount
The amount of the nursing allowance under the sickness insurance law and under this Act per calendar day shall be 80% of the daily assessment basis between 1 November 2021 and 28 February 2022.
(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 (6) than the fixed weekly work or service contract (7), the amount of the medical fee 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 shall be based on a specified weekly working or service time and shorter working or service time on the date of the emergency measure referred to in Article 1 (1) (a), (b) and (c) or on the day of the quarantine regulation referred to in Article 1 (1) (d).
(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 charge to which the child is entitled or of the person referred to in Article 3 (1) (b) is concerned, due to exceptional measures in the event of an epidemic, but not earlier than 1 November 2021.
Support period and payment of medical fees
(1) The period of support for nursing care shall be extended by the period during which the closure of the establishment or school or parts thereof referred to in Article 39 (1) (b) (1) of the sickness insurance law took place as a result of the emergency measures for the epidemic referred to in Article 1 (1) (a), (b) or (c), or by the period during which the quarantine order referred to in Article 1 (1) (d) 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 may be made more than once and more than 2 authorisations may be replaced; the replacement is not possible in one calendar day. The conditions for entitlement to the medical and decision-making periods shall be assessed for each creditor on the date of first taking 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.
(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 6 (2), the date on which the child or another person was taken care of by another authorised person shall also appear on this form.
(2) In the event of entitlement to the payment of medical fees under § 109 (5) (b) of the sickness insurance law in the event of the closure of an establishment or school or parts thereof referred to in § 39 (1) (b) (1) of the sickness insurance law due to exceptional measures in the event of an epidemic, the certificate of closure of that establishment or school or part thereof shall be replaced by a declaration from the worker 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 or school 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 Paragraph 106 of the sickness insurance law, if it is a confirmation of the closure of an establishment or school or parts thereof, as referred to in 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 the staff referred to in Section 3 (3). 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 8 shall be regarded as an infringement under Section 106 of the sickness insurance law.
The establishment or school referred to in Section 39 (1) (b) (1) of the sickness insurance law shall, for the purposes of checking, communicate to the sickness insurance authority, at the request of the sickness insurance authority the information necessary to verify the facts referred to in Section 7 (2). Applications shall be submitted and the data shall be communicated electronically in such a way as to enable remote access, unless there is an agreement between the establishment or school and the sickness insurance authority.
The public health authority or the treating doctor which, pursuant to Section 105 of the sickness insurance law, confirms the quarantine, duration and termination order on the prescribed form shall be required to confirm that it is an emergency measure in the event of an epidemic under Section 1 (1) (d). A breach of this obligation shall be deemed to be an infringement under Section 105 of the sickness insurance law.
(1) A member of the Security Corps who is unable to carry out a child care service or a person referred to in Article 3 (1) shall also be entitled to leave the service provided for in Article 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 a 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 facilities or school or parts thereof referred to in Article 70 (2) (f) (1) of the Law on the service relationship of members of the Security Corps took place due to exceptional measures in the event of an epidemic referred to in Article 1 (1) (a), (b) or (c), and by the period during which the quarantine Regulation referred to in Article 1 (1) (1) (d) took place.
Common and final provisions
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) This Act also provides for the assessment of claims for medical fees between 1 November 2021 and the date of entry into force of this Act.
(2) According to Article 6 (1), even if the period of support under the sickness insurance law has already expired before 1 November 2021, if the need for child care or the person referred to in Article 3 (1) (b) has taken place on that date due to exceptional measures in the event of an epidemic. In accordance with Article 10 (2), the procedure shall be followed even if the duty leave has already been exhausted for the same reason before 1 November 2021.
(3) Entitlement to medical fees under this Act shall also arise from 1 November 2021 to staff members for care as referred to in Article 3 (1) and to staff employed under an agreement to carry out work or an agreement to work, provided that on that date the child or the person referred to in Article 3 (1) (b) has been required to take care of the child or the person referred to in Article 3 (1) (b) due to an exceptional epidemic measure.
(4) The amount of medical fees paid for calendar days between 1 November 2021 and the date of entry into force of this Act at a lower rate than the amount of the medical fees provided for in paragraphs 4 and 5 shall be paid without application within 90 days of the date of entry into force of this Act.
Efficacy
This Act shall take effect on the day of its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala 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) Paragraph 16 (9) of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act).
3) Paragraph 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.
4) Sections 20 to 23 of Act No. 155 / 1995 Coll., as amended.
5) Article 772 of the Civil Code.
6) Section 80 of the Labour Code.
7) Section 79 of the Labour Code.
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Regulation Information
| Citation | Act No. 520 / 2021 Coll., on further adjustments to the provision of nursing care in connection with exceptional measures for the disease epidemic COVID-19 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2021 |
|---|---|
| Effective from | 23.12.2021 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 49
The regulation text is for informational purposes only.
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