Chapter 10 Penal Provisions
Article 80-1
A person who compromises the normal operation of any equipment or any computer room of the core information and communication system used in connection with the underwriting of this Insurance by the Insurer or the medical services provided by the Insurer under this Insurance (the “CICS”) by means of theft, destruction, or any other unlawful means shall be subject to imprisonment for not less than one year but not more than seven years and may also be fined not more than NT$ 10,000,000.
A person who intends to endanger national security or the stability of the society and commits an offense prescribed in the preceding paragraph shall be subject to imprisonment for not less than three years but not more than ten years and may also be fined not more than NT$ 50,000,000.
A person who causes a catastrophe as a result of his commission of any of the offenses prescribed in any of the preceding two paragraphs shall be subject to one and a half of the sentence prescribed for such offense; a person who causes the death of another person as a result of his commission of any of the offenses prescribed in any of the preceding two paragraphs shall be subject to life imprisonment or imprisonment for not less than seven years and may also be fined not more than NT$100,000,000; a person who causes serious physical injury to another person as a result of his commission of any of the offenses prescribed in any of the preceding two paragraphs shall be subject to imprisonment for not less than five years but not more than twelve years and may also be fined not more than NT$80,000,000.
An attempt to commit any of the offenses prescribed in paragraph 1 or paragraph 2 is punishable.
Article 80-2
A person who compromises the normal operation of the CICS by any of the following means shall be subject to imprisonment for not less than one year but not more than seven years and may also be fined not more than NT$ 10,000,000:
1.unauthorized access to any computer of or any equipment related to the CICS by entering the account code and password of the CICS, cracking any protective measure(s) preventing unauthorized access to a computer, or exploiting any loophole in a computer system;
2.unauthorized interference with any computer of or any equipment related to the CICS by any computer program or any other electromagnetic interferences; or
3.unauthorized acquisition, deletion, or alteration of any magnetic records of, in, or on any computer of or any equipment related to the CICS.
A person who makes any computer program solely for the commission of any offense prescribed in the preceding paragraph and makes such computer program available to himself or another person to commit such offense shall be subject to the same punishment prescribed in the preceding paragraph.
A person who intends to endanger national security or the stability of the society and commits any of the offenses prescribed in the preceding two paragraphs shall be subject to imprisonment for not less than three years but not more than ten years and may also be fined not more than NT$ 50,000,000.
An attempt to commit any of the offenses prescribed in any of the preceding three paragraphs is punishable.
Article 81
The person who apply for reimbursements or claims medical expenses through improper conduct, or makes false certification, report, misrepresentation, shall be fined equivalent to two to twenty times the benefits or medical expenses received. If criminal offense is involved, he/she shall also be referred to the court. Any medical expenses so received by contracted medical care institutions may be deductible from the expenses claimed or receivable by it.
If a contracted medical institution behaves in the way mentioned by the preceding paragraph, the Insurer may announce the name of the institution, responsible medical personnel, or the name of the individual and the nature of the violation, depending on the severity of the situation.
Article 82
The person who violates the provision of Article 68 shall return the amount received and shall be fined five times of the expenses received.
Article 83
When contracted medical care institutions violate Article 68 or act as described in Paragraph 1 Article 81, aside from the punishment provided for in Paragraph 1 Article 81, the Insurer must study the severity of the situation and decide whether to suspend the contract indefinitely or within a period of time.
Article 84
If a group insurance applicant fails to carry out subscription to this Insurance pursuant to Article 15 for the insured or their dependents, it shall be punished with an amount equivalent to two to four times of the payable premiums in addition to the unpaid premium.
The preceding paragraph is not applicable if the failure is not attributable to the group insurance applicant.
If a group insurance applicant fails to pay the premiums for the insured and his/her dependents, and the premiums were paid by the insured, in addition to returning the premiums paid, the group insurance applicant shall be punished with an amount equivalent to two to four times of the payable premiums.
Article 85
If the premium withholder does not deduct supplementary premium from the Insured according to Article 31, the Insurer shall impose a deadline for covering the payment as well as a fine that is double the deducted amount. Those who do not pay within the specified deadline will be fined three times the amount.
Article 86
If the contracted hospital fails to attain the criteria and the specified ratio of the insurance ward to the aggregate number of hospital ward as provided in Article 67, it shall be fined no less than ten thousand and no more than fifty thousand New Taiwan Dollars based on the inadequate number of beds, and shall be ordered to improve within a given period of time. The Insurer should make improvements within the specified time; the fine shall be continuously imposed for each violation if not improved within the time given.
Article 87
Contracted medical care institutions violating Paragraph 1 of Article 75 which have not signed contracts or have violated the rule set by the Competent Authority according to Paragraph 2 of Article 75 regarding what and what not to record shall be fined not less than twenty thousand and not more than one hundred thousand New Taiwan Dollars. Improvements should be made by the Insurer within the specified time; the fine shall be continuously imposed for each violation if not improved within the time given.
Article 88
If a beneficiary subscribes to this Insurance in violation of the provision of Article 11, he/she shall be subject to a penalty of no less than three thousand and no more than fifteen thousand New Taiwan Dollars in addition to the payment of premium shortfall.
The payment of the premium shortfall described in the preceding paragraph is limited to those payable within the most recent five years.
Article 89
In any of the following cases, a fine in the amount of two to four times of the payment of different premium shall be imposed in addition to the payment of premium differential:
1.The insured payroll-related amount of the insured in Category 1 declared by the group insurance applicants for the insured is less than the regulated insured payroll-related amount;
2.The insured payroll-related amount of the insured in Categories 2, and 3 declared by the insured are less than the regulated insured payroll-related amount.
Article 90
Persons who violate the provisions of Article 70 or Paragraph 1 of Article 80 shall be subject to a fine of no less than twenty thousand and no more than one hundred thousand New Taiwan Dollars.
Article 91
If a beneficiary who, in violation of the provision of this Act, has not subscribed to this Insurance, he or she shall be subject to a fine of no less than three thousand and no more than fifteen thousand New Taiwan Dollars and shall subscribe to this Insurance retroactively from the date on which the beneficiary is qualified for insurance. The benefits shall be suspended before the fines and premium are fully paid.
Article 92
The fines prescribed in this Act shall be imposed by the Insurer.