Drug Injury Relief Payment Standard

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=L0030024

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Article 1


These regulations are promulgated pursuant to the Paragraph 2 of Article 4 of the Drug Injury Relief Act (hereinafter referred to as the Act).


Article 2


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.


Article 3


In the case of drug injury relief application is reviewed and may be reasonably identified as the death caused by adverse reaction of drug, the maximum payment shall be NT$ 2,000,000. When the autopsy report is enclosed and reviewed but the cause of death cannot be identified by other reasons, the relief payment shall be paid accordingly. When the autopsy report is not enclosed and reviewed, but the cause of death cannot be identified by adverse reaction of drug, the relief payment shall not be approved.


Article 4


In the case of drug injury relief application is reviewed and may be reasonably identified as the disability caused by adverse reaction of drug, the payment shall be based on the level of disability listed as follow; After the review, when the cause of disability cannot be identified reasonably by other reasons, shall also be paid under the highest rate accordingly.
1. Profound disability payment shall be NT$2,000,000 maximum.
2. Severe disability payment shall be NT$1,500,000 maximum.
3. Moderate disability payment shall be NT$1,300,000 maximum.
4. Mildly disability payment shall be NT$1,300,000 maximum.
The levels of disability identification pursuant to the previous paragraph shall be announced by the Ministry of Health and Welfare.


Article 5


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.


Article 6


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.


Article 7


The expenses from pathological autopsy, disability appraisal and other appraisals shall all be paid by the Drug Injury Relief Fund.


Article 8


This standard shall be effective as of the date of promulgation.