These regulations are promulgated pursuant to the Paragraph 2 of Article 4 of the Drug Injury Relief Act (hereinafter referred to as the Act).
The drug injury relief payment shall be classified into death payment, disable payment and severe illness payment. The payment shall be determined according to this standard.
For drug injury relief applications, the maximum amount of relief is NT$3,000,000 for cases that have been reasonably determined to have resulted in death due to adverse drug reactions. If the deceased's autopsy report is attached and reviewed and the cause of death cannot be identified for any other reason, the drug injury relief payment shall be paid accordingly. When the autopsy report is not attached and reviewed, and the cause of death cannot be identified as a result of adverse drug reactions, the drug injury relief payment shall not be approved.
When an application for relief payment from a drug-related injury is reviewed and reasonably determined to have been caused by adverse drug reactions, the amount shall be paid according to the following levels of disability. After the review, where the cause of disability cannot be reasonably attributed to other reasons, the relief shall be paid up to the maximum amount specified below:
1. Profound disabilities: The maximum shall be paid for NT$3,000,000.
2. Severe disabilities: The maximum shall be paid for NT$2,250,000.
3. Moderate disabilities: The maximum shall be paid for NT$1,950,000.
4. Mild disabilities: The maximum shall be paid for NT$1,750,000.
The disability identification levels set out in the previous paragraph are those announced by the Ministry of Health and Welfare.
In the case of drug injury relief application is reviewed and may be reasonably identified as the severe illness caused by adverse reaction of drug, the payment shall be the necessary medical expenses listed on the official receipt issued by medical institutions and clinics. After the review, when the cause of severe illness cannot be identified reasonably by other reasons, shall also be paid accordingly pursuant to the preceding statement. However, when there is a necessity to occupy a unit of Intensive Care Unit or Burn Intensive Care Unit, the relief payment shall be paid additionally accordingly.
The total payment pursuant to the previous paragraph shall be limited up to NT$600,000; if the total payment is less than NT$10,000, the payment shall be paid as NT$10,000.
After the amendment and enforcement of this Standard on September 1, 2021, drug injury events that occurred shall be paid in accordance with the drug injury relief payment amounts specified in Article 3 and Article 4; drug-related injuries that occurred before the amendment shall be paid according to the amounts specified before the amendment.
Where there is a lappage of the reasons for relief, the payment selection shall be the one with the higher rate; the one with the lower rate may make up to the difference of payment deficiency.
The expenses from pathological autopsy, disability appraisal and other appraisals shall all be paid by the Drug Injury Relief Fund.
This standard shall be effective as of the date of promulgation.