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Chapter Law Content

Title: National Health Insurance Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 11 Supplementary Provisions
Article 93
The Insurer may apply for provisional seizure of assets from the court and may be exempted from providing a guarantee to group insurance applicants, insured, or contracted medical care institutions, which owe the Insurance relevant payments, or are hiding or transferring assets or avoiding implementing matters.
Article 94
For those insured that are covered by the occupational injury insurance, the medical expenses incurred from the occupational injury contingency shall be paid by the occupational injury insurance.
The Insurer shall be tasked by the Insurer of the Labor Insurance to provide medical benefits for occupational injury insurance.
The Competent Authority shall determine the scope, payment compensation, and other relevant regulations of package and meets with central labor competent authority for approval.
Article 95
If the Insurer has paid insurance benefits to a beneficiary for any car traffic accident, the Insurer may claim against the insurer of the compulsory automobile liability insurance to recover the benefits paid.
If a beneficiary has a indemnity claim against a third party arising out of an incident covered by this Insurance, the Insurer of this Insurance may, after paying insurance benefits to the beneficiary, exercise the right of subrogation in accordance with the following subparagraphs:
1. Public safety incidents: The Insurer shall claim against the insurer of the liability insurance carried by the third party as required by the laws and regulations. However, if the indemnity amount is deficient in settlement, the Insurer then claims against the third party for the deficit amount.
2. Other serious traffic accidents, public nuisance or food poisoning incidents: When the third party has carried his liability insurance, the Insurer shall claim against the third party’s insurer. If there is any deficit in settlement or no such insurance being carried, the Insurer shall claim against the third party for the deficit amount or the indemnity.
The regulations governing the minimum compensation amount, the compensation scope, methods and procedures of the public safety incidents, serious traffic accidents, public nuisance or food poisoning incidents referred to in the preceding paragraph shall be prescribed by the competent authority.
Article 96
The revenues and expenditures of this Insurance shall be administered by the Insurer as Operation Fund in the annual fiscal budget.
Article 97
All account records, receipts and revenue and expenditure under this Insurance shall be exempted from taxation.
Article 98
The overdue charge, the temporary suspension of benefits, or the fines provided in Articles 35, 37, Paragraph 2 of Article 50, and Article 91 are not applicable to insured qualified as being in financial difficulty.
Article 99
The Competent Authority may work out a budget to establish a fund for the insured, who have financial difficulty in paying premiums to apply for loans without interest in the amount of the premiums of this insurance and the fees they have to pay.
The monthly repayment may not be higher than twice the personal premium set at the time when the borrowers began applying for the loans, unless the borrowers want to repay it earlier at their own will.
The Competent Authority shall determine the loan application, conditions, loan repayment schedule and methods, as well as other relevant matters of the reserve fund of this Insurance referred to in Paragraph 1.
Article 100
Standards for financial difficulties defined in the two previous articles shall be interpreted by the competent authority in reference to relevant standards for social subsidies.
Article 101
The Insurer should check, on a regular basis, the ability to pay of the insured who have either applied for premium payment postponement or loan clearing pursuant to Paragraphs 1 and 2 of Article 87-4 (prior to the Act’s amendment on January 4, 2011).
Article 102
All accumulated deficits incurred before the amendment of this Act on January 4, 2011, shall be shouldered by the central competent authority through annual incremental amounts in the national budget.
Article 103
The Competent Authority shall prepare the Enforcement Rules of this Act.
Article 104
The Executive Yuan shall decide upon the date of implementation of this Act.
The amendments to articles of this Act shall come into force as of the date of promulgation, with the exception that the implementation date of Article 11 amended on June 29, 2011, shall be determined by the Executive Yuan.