Name of law Law amending and supplementing the law on health insurance bill name WALL of the law on health insurance of acceptance Date 17/12/2009 number/year Official Gazette 101/2009 EDICT no 406
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
I DECLARE:
To be published in the Official Gazette the law amending and supplementing the law on health insurance, adopted by the National Assembly of the HLI 17 December 2009.
Issued in Sofia on December 18, 2009.
The President of the Republic: Georgi Parvanov
Stamped with the State seal.
Minister of Justice: Margarita Popova
LAW
amending and supplementing the law on health insurance (official SG. 70 of 1998; amend., SG. 93 and 153 of 1998, no. 62, 65, 67, 69, 110 and 113 in 1999, issue 1, 31 and 64 in 2000, 41/2001, no. 1, 54, 74, 107, 112, 119 and 120 of 2002, issue 8 , 50, 107 and 114 from 2003, PCs. 28, 38, 49, 70, 85 and 111 in 2004, PCs. 39, 45, 76, 99, 102, 103 and 105 of 2005, St. 17, 18, 30, 33, 34, 59, 80, 95 and 105, 2006, issue. 11 of 2007; Decision of the Constitutional Court No. 3 of 2007 – PCs. 26 of 2007; amend., SG. 31, 46, 53, 59, 97, 100 and 113 of 2007, PC. 37, 71, and 110 from 2008 and St. 35, 41, 42, 93 and 99 of 2009.)
§ 1. In art. 1 make the following amendments and additions:
1. The current text becomes paragraph 1.
2. Al are created. 2 and 3:
(2) health insurance is an activity of raising health insurance contributions and health insurance premiums, management of the funds raised and their spending to pay for the health activities, services and goods provided for in this law, in the national framework contracts (R & D) and in health insurance contracts.
(3) health insurance is compulsory and voluntary. "
§ 2. Article 2 is amended as follows:
"Art. 2. (1) the compulsory health insurance is an activity of management and spending of funds of mandatory health insurance contributions for payment of health activities, which are carried out by the national health insurance fund (NHIF) and of its territorial units – district health insurance coverage (REGIONAL HEALTH INSURANCE FUND). Compulsory health insurance provides a basic package of health activities, guaranteed by the budget of the NATIONAL HEALTH INSURANCE FUND.
(2) fundraising by the mandatory health insurance contributions, which are determined by law, shall be carried out by the National Revenue Agency. "
§ 3. Article 3 is amended as follows:
"Art. 3. Voluntary health insurance is the business of taking risks, related to financial provision for certain health services and goods, carried out by licensed under this Act against health insurance companies pay for health insurance premiums on the basis of health insurance contracts. "
§ 4. In art. 4 create al. 3:
"(3) the conditions and procedures for exercising the right of access and free choice of insured persons to medical care are governed by the Ordinance under art. 81, para. 3 of the Act on health and national framework contracts. "
§ 5. In chapter II, section I created art. 4A:
"Art. 4A. the national framework contract is normative administrative act, which have effect on the territory of the whole country for a specified period and shall be binding for NATIONAL HEALTH INSURANCE FUND, the REGIONAL FUND, the executors of medical care, insurers and insured persons. "
§ 6. In art. 6 al. 3 shall be amended as follows:
"(3) the authorities of the NATIONAL HEALTH INSURANCE FUND management are:
1. the Supervisory Board;
2. the Director. "
§ 7. Articles 7, 7A, 7B, 8, 9, 10, 11 and 12 shall be repealed.
§ 8. Article 13 shall be amended as follows:
"Art. 13. (1) the Supervisory Board of the FUND shall consist of nine members – one representative from the associations for the protection of the rights of patients, one representative of the representative organizations of workers and employees, two representatives of the associations of employers and representatives of the five, one of whom is the Executive Director of the National Revenue Agency.
(2) the representatives referred to in paragraph 1. 1 of the associations for the protection of the rights of patients shall be elected and removed by the producer organisations recognised in accordance with art. 86 of the Health Act.
(3) the representatives referred to in paragraph 1. 1 the representative organisations of employees and employers ' representative shall be elected and removed by the producer organisations recognised in accordance with art. 3 of the labour code.
(4) the Chairman of the Supervisory Board and the other four representatives of the State in the Supervisory Board are defined and released by decision of the Council of Ministers, on a proposal from the Minister of health. "
§ 9. Article 14 shall be amended as follows:
"Art. 14. (1) the Supervisory Board shall be elected for a term of 5 years.
(2) the early release of a member of the Supervisory Board shall be carried out:
1. at his request;
2. in the case of objective impossibility to fulfil the obligations for a period longer than six months;
3. in the presence of grounds under art. 18;
4. the decision of the Council of Ministers or of the organizations concerned under art. 13, para. 2 and 3.
(3) in place of the vacated early member of the Supervisory Board or death shall be selected by the procedure of art. 13 a new article for a period until the end of the mandate of the Council. "
§ 10. Article 15 shall be amended as follows:
"Art. 15. (1) the Supervisory Board:
1. adopt regulations for the NATIONAL HEALTH INSURANCE FUND on a proposal from the Director;
2. participate in the elaboration and adoption of NFA;
3. Approves the draft law on the annual budget of the NATIONAL HEALTH INSURANCE FUND after the opinion of the Minister of health under art. 19, para. 7, item 3;
4. approve the annual financial report, the annual report on implementation of the budget of the NATIONAL HEALTH INSURANCE FUND and the annual report on the activities of the FUND;
5. supervise the operational activities of the Director in the implementation of the budget, the R & D and in the activities of the FUND;
6. decide upon the Acting Director of the NATIONAL HEALTH INSURANCE FUND in the cases under art. 19, para. (4);
7. make decisions on the use of funds from the reserve of the NHIF;
8. adopts decisions for internal redeployment of funds for administrative costs and the cost of funds for the acquisition of fixed assets within the approved budget of the FUND;
9. adopts decisions for transactions above prescribed by regulations for the NHIF;
10. takes decisions on the conclusion of loan contracts and their support;
11. shall determine the requirements for taking up his duties and shall adopt rules for the conduct of competitions for the directors of the REGIONAL HEALTH INSURANCE FUND.
(2) members of the Supervisory Board shall meet jointly and severally responsible for any harm caused to the NATIONAL HEALTH INSURANCE FUND. "
§ 11. Article 16 shall be amended as follows:
"Art. 16. (1) the Supervisory Board shall hold regular sessions at least once a month. Meetings of the Council shall be convened by its Chairman.
(2) an extraordinary meeting of the Supervisory Board may be convened by its Chairman, by one third of its members, by the Director of the NATIONAL HEALTH INSURANCE FUND and by the Minister of health on the agenda proposed by them.
(3) the Supervisory Board shall take its decisions in the presence of at least two-thirds of its members, but with no less than 5 votes, except in the cases under art. 15, para. 1, item 1, 2 and 5, in which decisions are taken by a simple majority.
(4) the meetings of the Supervisory Board participated and the Director of the NATIONAL HEALTH INSURANCE FUND without the right to vote.
(5) Organization of the work of the Supervisory Board shall be governed in accordance with the legislation in force in the rules for the structure and activity of the NATIONAL HEALTH INSURANCE FUND. "
§ 12. Article 17 is repealed.
§ 13. In art. 18 the following modifications are made:
1. In paragraph 8. 1:
and in the text) before item 1, the words "the Assembly of representatives, the Management Board and the Supervisory Board" shall be replaced by ' supervisory board ';
b) point 2 is amended as follows:
"2. members of the management or supervisory bodies of medical facilities, partners or shareholders holding more than 5 percent of the capital of the hospitals, including those hospitals instituted under art. 8, al. 1, item 1 and item 2 (a) and (b) of the law on medical institutions, or work on contract work in tissue establishment; ";
in) point 3 shall be repealed.
2. paragraph 2 is replaced by the following:
"(2) the prohibition under para. 1 shall apply within six months after dropping out of the ground at al. 1, item 2. "
§ 14. Article 19 shall be amended as follows:
"Art. 19. (1) the Director of the NATIONAL HEALTH INSURANCE FUND shall be elected by the National Assembly for a period of 5 years.
(2) suggestions for the selection of the Director of the NATIONAL HEALTH INSURANCE FUND can be made by the parliamentary groups.
(3) the Director of HEALTH INSURANCE can be a person who meets the following requirements:
1. has acquired higher education with educational qualification degree "master";
2. have a minimum of three years professional experience in the field of health care management, banking, insurance or insurance lawsuit.
(4) early termination of Office of the Director of the NATIONAL HEALTH INSURANCE FUND becomes a decision of the National Assembly when: 1. the judgement of an intentional crime;
2. the entry into force of the Act, with established conflict of interest under the law for the prevention and detection of conflicts of interest;
3. the systematic violation of its obligations, failure to comply with the decision of the Supervisory Board or the carrying out or allowing the conduct by others of gross or systematic violations of the compulsory health insurance;
4. objective incapacity to perform his duties as Director for a period longer than three months;
5. resignation;
6. death.
(5) in the cases referred to in para. 4 the Supervisory Board shall appoint one of the Deputy Directors of the NATIONAL HEALTH INSURANCE FUND, which temporarily acting Director of NHIF. The National Assembly shall adopt a decision on the choice of a new Director of the NATIONAL HEALTH INSURANCE FUND in a period not exceeding 30 days from termination of the contract of the Director in the cases referred to in para. 4.
(6) the relationship between NHIF and the Director are governed by a management contract that is concluded by order, determined by the Supervisory Board.
(7) the Director of the NATIONAL HEALTH INSURANCE FUND:
1. to represent the NATIONAL HEALTH INSURANCE FUND in the country and abroad;
2. organizes and manages the operational activities of the FUND in accordance with the law, the rules for the structure and activity of the NATIONAL HEALTH INSURANCE FUND and decisions of the Supervisory Board;
3. prepare a draft law on the annual budget of the NATIONAL HEALTH INSURANCE FUND and send it for an opinion by the Minister of health, and then submit the draft law on the annual budget of the NATIONAL HEALTH INSURANCE FUND, together with the opinion of the Minister of health for examination and approval by the Supervisory Board;
4. shall prepare an annual financial report, annual report on the implementation of the budget of the NATIONAL HEALTH INSURANCE FUND and the annual activity report of the NATIONAL HEALTH INSURANCE FUND and shall submit to the Supervisory Board for examination and approval;
5. submit the approved by the supervisory board a draft law for the annual budget of the NATIONAL HEALTH INSURANCE FUND by the Minister of health in the Council of Ministers;
6. prepare and submit to the supervisory board a draft of the rules for the structure and activity of the NATIONAL HEALTH INSURANCE FUND and after its adoption it promulgated in the State Gazette;
7. proposes to the Supervisory Board decision on the use of funds from the reserve of the NHIF;
8. imports by the Minister of health in the Cabinet of Ministers approved by the Supervisory Board annual report on the implementation of the budget of the NATIONAL HEALTH INSURANCE FUND and the annual activity report of the NATIONAL HEALTH INSURANCE FUND;
9. make deals to the size specified in the rules for the structure and activity of the NHIF;
10. proposes to the supervisory board the conclusion of transactions in excess of the prescribed under item 9;
11. declares and conducts competitions for the directors of the REGIONAL HEALTH INSURANCE FUND in accordance with the requirements and rules of art. 15, para. 1, item 11, shall conclude, amend and terminate employment contracts with the Deputy Directors of the NATIONAL HEALTH INSURANCE FUND, the directors of the REGIONAL HEALTH INSURANCE FUND and the workers in the Central manage the NHIF LY. "
§ 15. In art. 19 and following amendments and supplements shall be made:
1. In paragraph 8. 1 Add "as their activity is determined by the Supervisory Board.
2. in the Al. 3 the word "Function" is replaced by "the number and functions".
§ 16. Article 20 is amended as follows:
"Art. 20. (1) the Director of the REGIONAL HEALTH INSURANCE FUND: 1. represents NHF at territorial level;
2. organizes and manages the activities of the REGIONAL HEALTH INSURANCE FUND in accordance with the law, the rules for the structure and activity of the NATIONAL HEALTH INSURANCE FUND, the decisions of the Supervisory Board and the acts of the Director of the NATIONAL HEALTH INSURANCE FUND;
3. enter into, amend and terminate contracts with employees in the BRANCHES;
4. enter into, amend and terminate contracts with providers of medical care in the territory served by the REGIONAL FUND, in accordance with the law, and the rules for R & D structure and activity of the NATIONAL HEALTH INSURANCE FUND.
(2) the Director of the REGIONAL HEALTH INSURANCE FUND can be a person who meets the following requirements:
1. has acquired higher education with educational qualification degree "master";
2. have a minimum of three years experience in health care management, banking, insurance or insurance lawsuit.
(3) the position under para. 1 shall be held on the basis of a competition conducted under the labor code. "
§ 17. In art. 21, para. 1, paragraph 4, the word "management" is replaced by "surveillance" and the words "and the Assembly of representatives" shall be deleted.
§ 18. Article 25 shall be amended as follows:
"Art. 25. In the budget of the compulsory HEALTH INSURANCE provides for a reserve, including unforeseen and urgent expenses. "
§ 19. In art. 26, al. 1 the text before point 1 shall be replaced by the following: "the provision of HEALTH INSURANCE under art. 25 is determined in the amount of: ".
§ 20. In art. 27 is amended as follows: 1. Paragraph 2 shall be replaced by the following:
"(2) a temporary free cash of NHF are stored at the Bulgarian National Bank and may be used only for deposit accounts served by the Bulgarian National Bank, or for the acquisition of primary market of Government securities issued by the Bulgarian Government."
2. in the Al. 3 the words "Governing Council" shall be replaced by ' on a proposal from the Supervisory Board Director ".
§ 21. In art. 29, para. 1 the words "Governing Council" shall be replaced by the words "the Director".
§ 22. In art. 30, para. 1 the words "Governing Council" shall be replaced by "the Director of the NATIONAL HEALTH INSURANCE FUND".
§ 23. In art. 31, the words "medical practices, laboratories" are replaced with "healing".
§ 24. In art. 35 item 2 is amended as follows:
"2. to choose a doctor from the medical centre for primary care, concluded a contract with the REGIONAL HEALTH INSURANCE FUND;"
§ 25. In art. 37 creates new al. 5: "(5) the difference between the amount in the Al. 1, item 1, first sentence, and the amount referred to in paragraph 1. 1, item 1, second sentence, shall be paid to the doctor or the doctor of dental medicine from the Republican budget in the order specified in the Ordinance of the Minister of finance and the Minister of health. "
§ 26. In art. 39 following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
"(1) For insured persons in compulsory national health insurance fund, with the exception of persons up to 18 years of age and persons under art. 40, para. 5 of their obligation for health insurance are filed monthly data in the National Revenue Agency by order, specified by an Ordinance of the Minister of finance. "
2. a new paragraph. 2:
(2) persons who in this law have the obligation to pay contributions, with the exception of the persons under art. 40, para. 5, submitted declarations for amounts for health insurance contributions due in the order determined by the Ordinance under para. 1. "
3. The current paragraph. 2 it al. 3 and in her words "by the National Revenue Agency and national health insurance fund form" are replaced by "with the Ordinance referred to in para. 1 model for the relevant period ".
4. The current paragraph. 3 it al. 4 and in her words "fill out the Declaration for the period of payment of an advance on the approved by the National Revenue Agency and national health insurance fund form" are replaced by "submit declarations to the National Revenue Agency in order determined by the Ordinance under para. 1. "
5. The current paragraph. 4 it al. 5 and after the word "reside" there shall be added "or" continuously.
§ 27. In art. 40 following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) in paragraph 1:
AA) the text before paragraph (a) shall be replaced by the following: "for persons under art. 4, al. 1 and 2 of the social security code – income on which contributions are payable for State social insurance, determined in accordance with the social security code; the contribution shall be paid by the employer or establishment and shall be distributed between the employer or establishment and in the ratio:
– 2000 – 2001 – 80:20;
-2002-2004-75:25;
– 2005 – 70:30;
– 2006 – 65:35;
– 2007 – 65:35;
– 2008 – 60:40;
– 2009 – 60:40;
-2010 and subsequent years – 60:40: ";
BB) in (b), after the words "child rearing" added "by the procedure of art. 165, para. 1 and art. 167 a of the labour code ";
b) point 2 is amended as follows:
"2. the persons under art. 4, al. 3, items 1, 2 and 4 of the social security code are provided in advance on monthly income, which may not be less than the minimum monthly for self-employed persons and for registered agricultural producers and tobacco producers, as defined by the law on State social insurance budget, and finally on income from business and income under item 3 during the calendar year, according to the report to the tax return by the procedure of art. 6, al. 8 of the social security code; registered farmers and tobacco producers, producing unprocessed plant and/or animal production, does not determine the final size of the insurance income for this activity; contributions are imported at the expense of the self employed up to the 10th day of the month following the month to which they relate, and the final contribution no later than the deadline for filing the tax declaration under art. 50 of the law on income tax of individuals; "
c) in item 3 (a) and (b) the words "eligible costs" are replaced by "operating expenses";
d) in paragraph 4, after the words "for pensioners" insert "from the State social insurance or by a professional pension fund";
e) in item 5: AA) the words "cultivation of a small child ' shall be replaced by" leave for raising a small child by the procedure of art. 164, para. 1 and 3 of the labour code ";
BB) the second sentence shall be inserted: "the remuneration referred to in art. 40, para. 4 of the social insurance contributions due in the order of item 1. "
2. in the Al. 3, item 5, after the words "temporary accommodation centers" is added "centres for family-type accommodation, transitional housing, sheltered housing, and housing crisis centres observed.
3. in the Al. 4, the words "half of ' shall be deleted.
4. Paragraph 5 shall be amended as follows:
(5) persons who are not subject to the provision in para. 1, 2 and 3, are required to:
1. submit contributions on insurable earnings not less than half of the minimum amount of insurance income for self-employed persons as defined by the law on the budget of the State social insurance – up to the 10th day of the month following the month to which they relate and carry out annual insurance income leveling according to the data from the tax return;
2. file a return by the end of the month following the month of the occurrence of this circumstance, in the order specified by an Ordinance of the Minister of finance, in which state that will be provided in accordance with paragraph 1. "
5. a new paragraph. 6:
"(6) the amount of the health insurance contribution shall be communicated to the persons referred to in para. 5, items 1 through mass media or by an official in the Declaration. When there is no declaration or contributions have not been paid within a time limit which may be issued an act to establish the obligation of the revenue bodies without committing a revision. The Act may be appealed by the order of art. 107, para. 4 of the tax-insurance procedure code. "
6. the Previous para. 6 and 7 become Al respectively. 7 and 8.
7. a para. 9:
"(9) For the persons referred to in para. 2 and al. 3, item 9, the provision is carried out at the expense of the State budget presentation in the National Revenue Agency of documents issued by the competent national authority, which shall verify the existence of the relevant circumstances under para. 2 and al. 3, item 9.
§ 28. In art. 42, para. 1, after the word "paid" shall be inserted "or accrued but unpaid.
§ 29. In art. 45 following amendments and supplements shall be made:
1. In paragraph 8. 1 item 4 shall be amended as follows:
4. additional, long-term treatment and medical rehabilitation; ".
2. in the Al. 2 after the number "11" there shall be added "and 12".
3. in the Al. 8 the word "management" is replaced by "surveillance".
4. a para. 9:
(9) the procedure for the award of individual contracts to pay for the medicinal products referred to in art. 262, para. 4, item 1 of the law on medicinal products for human use by the Director of the REGIONAL HEALTH INSURANCE FUND and the holders of permission for retail trade in medicinal products shall be agreed by nine representatives of the NATIONAL HEALTH INSURANCE FUND and 9 representatives of the Bulgarian pharmaceutical Union, laid down respectively by the Supervisory Board of the FUND and the Management Board of the Bulgarian pharmaceutical Union, in accordance with the Ordinance referred to in para. 8. "
§ 30. Article 49 shall be repealed.
§ 31. Article 50 is amended as follows:
"Art. 50. in the use of medical assistance insured persons are obliged to present a valid electronic health insurance card certifying their status, and zdravnoosiguritelniâ identity document. "
§ 32. In art. 52 after the word "assistance" insert "at prices set by the hospitals.
§ 33. Article 53 shall be amended as follows:
"Art. 53. (1) for the implementation of the activities provided for in this law, the NATIONAL HEALTH INSURANCE FUND and the Bulgarian medical association accepted by signing the national framework contract for medical activities, and NATIONAL HEALTH INSURANCE FUND and the Bulgarian Dental Association accepted by signing the national framework contract for eventual activities.
(2) national framework contracts referred to in paragraph 1. 1 be adopted for a period of 5 years, if necessary, updated in order of their adoption under art. 54. "
§ 34. Article 54 shall be amended as follows:
"Art. 54. (1) the production of R & D for medical activities are carried out by 10 representatives of the NATIONAL HEALTH INSURANCE FUND and 10 representatives of the Bulgarian medical association after submission of the draft law on the budget of the national health insurance fund for the following year for consideration by the National Assembly.
(2) the production of R & D for dental operations are carried out by nine representatives of the NATIONAL HEALTH INSURANCE FUND and 9 representatives of the Bulgarian Dental Association after submission of the draft law on the budget of the national health insurance fund for the following year for consideration by the National Assembly.
(3) the status of professional organizations under para. 1 and 2 and the procedure for the determination of their representatives to participate in the elaboration and adoption of R & D are governed by the law on professional organizations of physicians and dental practitioners.
(4) representatives of the NATIONAL HEALTH INSURANCE FUND under para. 1 and 2 are members of the Supervisory Board and the Director of the NATIONAL HEALTH INSURANCE FUND.
(5) national framework contracts referred to in paragraph 1. 1 and 2 shall be adopted by a majority of not less than 7 representatives of the NATIONAL HEALTH INSURANCE FUND and 7 representatives of the Guild organizations of doctors, according to the doctors of dental medicine.
(6) national framework contracts shall be adopted no earlier than the publication of the budget of the national health insurance fund for the next year and not later than the last working day of the current year.
(7) the Minister of health agreed on measures adopted pursuant to para. 1-5 R & D within 14 days of their submission and published in "Official Gazette."
(8) where the national framework contract for the medical and dental activities respectively are not accepted under the conditions and within the limits laid down in this law shall be applied to the current R & D now. "
§ 35. Article 55 shall be amended as follows:
"Art. 55. (1) Adopted by the procedure of art. 54 R & D shall apply from 1 January of the following calendar year.
(2) national framework contracts shall contain: 1. the conditions to be satisfied by the executors of medical assistance, as well as the procedures for the conclusion of contracts with them;
2. different types of medical aid under art. 45;
3. the conditions and procedures for the granting of the aid referred to in paragraph 2;
4. criteria for the quality and accessibility of the aid referred to in paragraph 2;
5. the documentation and documentation;
6. obligations of the parties under the information provision and exchange of information;
7. other issues of relevance to health insurance.
(3) national framework contracts may not establish requirements for:
1. the minimum number of registered aggravated by artist primary outpatient care;
2. conditions impeding the free choice of the contractors of medical assistance, contract with REGIONAL HEALTH INSURANCE FUND;
3. carry out highly specialised medical activities beyond the basic package guaranteed by the budget of the NATIONAL HEALTH INSURANCE FUND, the executors of specialized outpatient care;
4. additional requirements for pharmacies, wholesalers and manufacturers of medicines other than those referred to in the law on medicinal products for human use;
5. maximum number of activities and allocation of quotas for the performers of such activities in the specialist out-patient and hospital care;
6. limitation of the volume and distribution of the activities carried out by the hospitals. "
§ 36. Create art. 55 (a), (b) and (c) 55 55 in:
"Art. 55. (1) the estimated volumes, pricing and costing methodologies and for payment of medical assistance under art. 55, para. 2, item 2 shall be developed by the Agency for economic analysis and forecasting to the Minister of finance.
(2) in developing the forecast volumes, prices and methodologies under para. 1 the Agency for economic analysis and projections shall request the opinion of the national consultants under art. 6 (a) of the Health Act and other leading experts in different medical specialties designated by the Bulgarian medical association and Bulgarian Dental Association.
Art. 55 (b) (1) to the Minister of Finance shall establish an Advisory Board, which examines and provides opinions on volumes, prices and the methodologies developed by the order of art. 55.
(2) the Advisory Board referred to in paragraph 1. 1 includes the Deputy Minister of health, Deputy Minister of labour and social policy and a representative of the NATIONAL HEALTH INSURANCE FUND, the National Revenue Agency, Agency for economic analysis and forecasting, the Bulgarian medical association, the Bulgarian Dental Association, the Bulgarian pharmaceutical Union, the Bulgarian Association of health care professionals and a representative designated by the associations for the protection of the rights of patients. Name composition of the Council shall be determined by order of the Minister of finance, on a proposal from the relevant departments and organizations.
(3) the Minister of finance is the Chairman of the Council under paragraph 1. 2 on the right.
(4) the procedure for the Organization and operation of the Advisory Board shall be defined in regulations issued by the Minister of finance.
Art. 55. (1) the volumes and prices and costing methodologies for payment of medical assistance under art. 55, para. 2, item 2 shall be adopted annually by Decree of the Council of Ministers, on a proposal from the Minister of finance.
(2) the proposal of the Minister of finance under subsection. 1 shall be drawn up in accordance with the opinion of the Advisory Board of art. 55 (b), the established medical standards and Rules of good medical practice. "
§ 37. Article 56 shall be amended as follows:
"Art. 56. (1) the executors of medical assistance may appear compulsorily insured persons to fully or partially paid by the NHIF medicinal products under art. 262, para. 4, item 1 of the law on medicinal products for human use.
(2) Performers of medical assistance may appear compulsorily insured persons to fully or partially paid by the NHIF medical devices and dietary foods for special medical purposes as defined by the Supervisory Board of the NATIONAL HEALTH INSURANCE FUND.
(3) the Administration and receiving of medicinal products fully or partially paid by the NATIONAL HEALTH INSURANCE FUND outside those under para. 1 and 2 of the contractor medical assistance shall be made upon written justification of the need. Payment of such medicinal products with the permission of the Director of the REGIONAL HEALTH INSURANCE FUND. "
§ 38. In art. 59 following amendments and supplements shall be made:
1. Paragraphs 1 to 5 shall be amended as:
(1) contracts under art. 20, para. 1, item 4 for the rendering of medical assistance under this Act shall be concluded between the Director of the REGIONAL HEALTH INSURANCE FUND and the executors of medical assistance in accordance with R.
(2) contracts under para. 1 can not be concluded under conditions less favourable than those adopted by the NFA.
(3) contracts under para. 1 shall be concluded in writing for a period of not less than one year and not longer than the period of validity of the NFA.
(4) in contracts under para. 1 specify the requirements and conditions referred to in art. 55, para. 2, item 2-7 for the implementation of the relevant territory. The Treaties define the relationship between the performers and between them and other persons for the performance of medical aid under art. 55, para. 2, item 2.
(5) the national health insurance fund and the district health insurance coverage are required to inform contractors of any changes arising from decisions of the administrative authorities or by changes in R & D, as well as to provide the necessary guidelines for their implementation. Conditions, the order and the time limits for the provision of information are governed in R & D and in the contracts with the contractors. "
2. Paragraphs 6, 7, 8 and 9 shall be repealed.
3. a para. 12:
"(12) hospitals for hospital care, which do not qualify under para. 10, may conclude an employment contract for an additional work under the labour code with the medical professionals active in hospital structures without beds, for the following specialties:
1. virology;
2. Clinical Microbiology;
3. clinical Parasitology;
4. clinical pathology;
5. nuclear medicine. "
§ 39. Create art. 59A-33 in:
"Art. 59. (1) within 30 days of the entry into force of the r & d establishments submit applications in BRANCHES to contract.
(2) the documents to be submitted to the application for conclusion of a contract, shall be determined by the NFA.
(3) the national health insurance fund, the REGIONAL FUND and their employees may not require the production of documents of the performers, as well as to lay down conditions which are not contained in the NFA.
Art. 56. (1) the Director of the REGIONAL HEALTH INSURANCE FUND within 30 days from the filing of the application shall conclude a contract with contractors who meet the conditions under art. 55, para. 2, item 1 and the criteria for ensuring the availability and quality of medical aid under art. 59. (2) within the period referred to in paragraph 1. 1 the Director of the REGIONAL HEALTH INSURANCE FUND issued an order by which makes a reasoned refusal to conclude the contract in cases where the medical establishment does not comply with the conditions and criteria under para. 1.
(3) the order under paragraph 1. 2 subject to appeal pursuant to the administrative code, as the opposition does not stop the execution of the order.
Art. 59. the criteria for the accessibility and quality of medical care are:
1. security of the hospital under art. 9 of the law on the hospitals with medical professionals to the basic contract of employment;
2. the presence of reference and technical working medical facilities and equipment in the territory of the hospital;
3. provision of medical establishment under art. 9 of the law on establishments of continuous 24-hour performance of medical assistance in emergency situations;
4. provision of medical care in accordance with established medical standards and Rules of good medical practice. "
§ 40. In art. 63 following amendments and supplements shall be made:
1. The current text becomes paragraph 1.
2. a para. 2:
(2) national health insurance fund provides access to the Ministry of health to the system information under para. 1. "
§ 41. Art is created. 64 (a):
"Art. 64. (1) the hospitals – medical assistance, contractors are required to declare the public places in your building:
1. health activities, guaranteed by the NATIONAL HEALTH INSURANCE FUND budget;
2. the amount that the NATIONAL HEALTH INSURANCE FUND pays for health activities under para. 1;
3. free medical services provided under art. 82 of the Health Act;
4. where persons are entitled to targeted funds from the State budget and the method of allocation;
5. cases where individuals pay medical care beyond the scope of the compulsory health insurance;
6. information for health insurance companies, who have a contract;
7. a list of diseases for which mandatory zdravnoosigurenite persons are exempt from payment of the sums referred to in art. 37, para. 1.
(2) the information referred to in para. 1 is announced and the website of the hospitals or in other customary manner disclose. "
§ 42. Article 67 shall be replaced by the following:
"Art. 67. data on insured persons are kept in the NATIONAL HEALTH INSURANCE FUND for five years after completion of their health insurance, and for performers – 5 years after the termination of their last contract with the national health insurance fund. "
§ 43. In art. 68, para. 1 make the following amendments and additions:
1. In paragraph 3 the words "health insurance license" shall be replaced by "electronic health insurance card".
2. In paragraph 6, after the word "financing" is added "and medical".
§ 44. Article 69 shall be replaced by the following:
"Art. 69. the Executive Director of the National Revenue Agency shall prepare and submit at the Department of health and the NATIONAL HEALTH INSURANCE FUND information for insured persons, the amount of the sickness insurance contributions and trends for their collection in the order specified in the instruction issued by the Executive Director of the National Revenue Agency and Director of the NATIONAL HEALTH INSURANCE FUND. "
§ 45. Article 71 shall be amended as follows:
"Art. 71. The control over the activity of the Director of the NATIONAL HEALTH INSURANCE FUND and the directors of the REGIONAL HEALTH INSURANCE FUND shall be carried out by the Supervisory Board pursuant to the provisions of this Act and the regulations on the Organization and activities of the NATIONAL HEALTH INSURANCE FUND. "
§ 46. In art. 72 following amendments and supplements shall be made:
1. Paragraph 2 shall be replaced by the following:
"(2) the immediate control of the contracts with the national health insurance fund for the provision of medical and/or dental aid is done through checks carried out by the officials of the REGIONAL HEALTH INSURANCE FUND – financial inspectors, doctors – controllers, and dental medicine – controllers, on the basis of an order of the Director of the REGIONAL HEALTH INSURANCE FUND."
2. Al are created. 3, 4 and 5:
"(3) for the implementation of the inspection powers under para. 1 the Director of the NATIONAL HEALTH INSURANCE FUND may, with a warrant to order the inspection by the REGIONAL HEALTH INSURANCE FUND with the participation of the employees of the NATIONAL HEALTH INSURANCE FUND.
(4) checks at al. 2 takes place and in the performance of the contracts for the distribution of medicinal products, medical devices, and dietary foods for special medical purposes, paid in full or in part by the NATIONAL HEALTH INSURANCE FUND.
(5) the conditions and procedures for the control of Pará. 2, 3 and 4 shall be determined by instructions issued by the Director of the NATIONAL HEALTH INSURANCE FUND. "
§ 47. In art. 73 following amendments and supplements shall be made:
1. In paragraph 8. 1, item 2, after the word "medical" insert "and/or" dental ".
2. Paragraph 4 is replaced by the following:
"(4) as regards the rules on the activities of financial regulators, the finding of violation, the submission of objections and the imposition of the administrative penalty shall apply by analogy the procedures under art. 74, para. 2, 3 and 4, in which doctors operate – controllers, and the doctors of dental medicine – controllers. "
§ 48. In art. 74 following amendments and supplements shall be made:
1. In paragraph 8. 1 paragraph 1 shall be repealed.
2. in the Al. 2, after the word "controllers" are added "and the doctors of dental medicine – controllers".
3. Paragraph 3 is replaced by the following:
"(3) in establishing an offence under para. 1, item 2 – 4 – doctor controller, or doctor of dental medicine – controller shall draw up the instrument for the establishment of administrative violation. The Act is signed by the physician or doctor-controller, dental medicine-controller. A copy of the Act shall be brought against the person verified signature, within 14 days from signing it shall be forwarded to the Director of the REGIONAL HEALTH INSURANCE FUND together with the objections under para. 4 and the collected evidence in the file. "
4. Paragraph 4 is replaced by the following:
"(4) the inspected person has the right to make a written objection to the Act for the establishment of administrative offence within three days from the date of its signature.
§ 49. Article 75 is repealed.
§ 50. Article 76 shall be repealed.
§ 51. Create art. 76 and 76 (b):
"Art. 76. (1) in cases where the contractor for medical and/or dental aid is received without legal basis amounts which are not linked to the carrying out of an offence under this Act, and it is found on inspection by the inspection authority or body referred to in art. 72, para. 2, the contractor shall be obliged to reimburse the sums.
(2) in the cases referred to in para. 1 shall be drawn up for the amounts unduly received. – The subject of the verification, shall be entitled to submit a written objection to the Director of the REGIONAL HEALTH INSURANCE FUND within 7 days of service of the Protocol.
(3) After expiry of the time limit for objection under paragraph 1. 2 the Director of the REGIONAL HEALTH INSURANCE FUND shall issue a written invitation for recoveries obtained without legal basis, which is given to an artist of medical and/or dental help.
(4) the invitation for the recovery of amounts under para. 1 subject to appeal pursuant to the administrative code.
Art. 76 (b) (1) where the contractor for medical and/or dental aid amounts received without legal basis as a result of misconduct under this Act, the Director of the REGIONAL HEALTH INSURANCE FUND unjustifiably withheld the amounts paid and those laid down in this law imposes penalties.
(2) in the cases referred to in para. 1, when the person – the subject of verification objects by the order of art. 74, para. 4, the Director of the REGIONAL HEALTH INSURANCE FUND shall issue a written invitation for recoveries obtained without legal basis following the entry into force of the Decree of criminal offence. "
§ 52. In art. 78 item 2 is amended as follows:
"2. the costly drug products in the cases provided for in R & D;".
§ 53. Article 80 shall be repealed.
§ 54. In art. 80 g make the following amendments and additions:
1. The current text becomes paragraph 1.
2. a para. 2:
"(2) the health insurance card under para. 1 is mandatory for zdravnoosigurenite under this law persons in travel and residence in a Member State of the European Union. "
§ 55. In art. 82 para. 1 shall be amended as follows:
(1) the voluntary health insurance shall be effected by public limited companies registered under the commercial law and obtained a licence under the conditions and in accordance with this law. "
§ 56. Article 100 shall be repealed.
§ 57. In art. 101 following amendments and supplements shall be made:
1. In the text before paragraph 1 the word "Inspectorate" is replaced by "audit".
2. In paragraph 1, after the word "ensure" is added "by the NATIONAL HEALTH INSURANCE FUND".
3. In paragraph 2, after the words "to provide" added "by the companies for voluntary medical insurance" and the words "guaranteed by the companies for voluntary health insurance" are replaced by "in accordance with the zdravnoosiguritelniâ contract.
4. In paragraph 3 the words "and health ' shall be deleted.
§ 58. In art. 102 the following modifications are made:
1. In paragraph 8. 1:
(a)) in the text before paragraph 1 the word "Inspectorate" is replaced by "audit";
(b)) point 3 shall be repealed.
2. in the Al. 2 the word "Inspectorate" is replaced by "audit".
3. in the Al. 3 the term "Inspectorate" is replaced by "audit".
4. in the Al. 4 the word "Department" shall be replaced by "agency".
5. in the Al. 5 the term "Inspectorate" is replaced by "audit" and the words "and the executors of medical assistance" shall be deleted.
6. in the Al. 6 the words "and the executors of medical assistance" shall be deleted and the word "Inspectorate" is replaced by "audit".
7. in the Al. 7 the word "Inspectorate" is replaced by "audit".
§ 59. In art. 103 following amendments and supplements shall be made:
1. In paragraph 8. 1 Add "for individuals with a proprietary sanction from 500 to 1000 EUR for a sole proprietorship and with a proprietary sanction from 2000 to 4000 EUR for legal entities ".
2. in the Al. 2 Add "for individuals, the proprietary penalty is $ 2,000. for a sole proprietorship and 8000 EUR for legal entities ".
3. in the Al. 3 the number "30" is replaced by "300" and the number "50" is replaced by "500".
§ 60. Article 104 shall be amended as follows: "Article. 104. (1) an official of an employer or an employer who does not pay contributions for insurance of persons for which it is obliged to pay, shall be punished with fine in extend from 2000 to 4000 EUR for individuals or penalty payment for sole traders and legal persons in size from 4000 to 8000 EUR
(2) for the second violation the fine is from 4000 to 8000 EUR, and the proprietary sanction is of 10 000 to 15 000 LV.
(3) Samoosigurâvaŝo is a person who does not pay outstanding contributions for a period exceeding three months shall be punishable by a fine of 500 to 1000 BGN, and for repeated infringement – a fine of 1000 to 3000 BGN.
(4) a person who fails to fulfill the obligation to submit a declaration under art. 40, para. 5, item 2, is punishable by a fine of 500 to 1000 BGN, and for repeated infringement – a fine of 1000 to 3000 pounds. "
§ 61. Create art. 105a-105 (h):
"Art. 105. (1) the Performer of outpatient medical care who violates the terms and conditions for the provision of medical aid under art. 55, para. 2, item 2, set out in R & D, is punished with a fine of 50 to 100 EUR for individuals, or with a proprietary sanction from 50 up to 100 BGN. for sole proprietors and legal persons.
(2) for a re-offence under subsection. 1 a fine of 100 to 200 EUR for individuals, the proprietary sanction is in the amount of 100 to 200 EUR for sole traders and legal persons.
(3) the Performer of hospital medical assistance who violates the terms and conditions for the provision of medical aid under art. 55, para. 2, item 2, set out in R & D, is punishable by a penalty payment in the amount of 200 to 500 EUR
(4) for the second offense under para. 3 the proprietary sanction is in size from 400 to 1000 EUR
Art. 105 (b) (1) artist of outpatient medical care, that proves medical aid in violation of the requirements for roadworthy and available medical equipment and furniture shall be punishable by a fine of 50 to 150 EUR for individuals and a penalty payment in the amount of 50 to 150 EUR for sole traders and legal persons.
(2) for a re-offence under subsection. 1 a fine of 100 to 300 euro. for individuals, the proprietary sanction is in the amount of 100 to 300 euro. for sole traders and legal persons.
(3) the Performer of hospital medical assistance that proves medical aid in violation of the requirements for available and roadworthy medical equipment and furnishings, is punishable by a penalty payment in the amount of 100 to 500 EUR
(4) for the second offense under para. 3 the proprietary sanction is in size from 200 to 1000 EUR
Art. 105. (1) the Performer of outpatient medical care who violates the requirements for medical or financial records, except in cases of obvious factual error, shall be punished with fine in extend from 50 to 150 EUR for individuals, or with a proprietary sanction from 50 to 150 EUR for sole traders and legal persons.
(2) for a re-offence under subsection. 1 a fine of 100 to 300 euro. for individuals, the proprietary sanction is in the amount of 100 to 300 euro. for sole traders and legal persons.
(3) the Performer of hospital medical assistance that violates the requirements for medical or financial records, except in cases of manifest factual errors, is punishable by a penalty payment in the amount of 200 to 500 EUR
(4) for the second offense under para. 3 the proprietary sanction is in size from 400 to 1000 EUR
Art. 105. (1) the Contractor medical care who violates the requirements for prescribing medicinal products for home treatment, medical devices, and dietary foods for special medical purposes under art. 55, para. 2, item 2, set out in R & D, is punished with a fine of 50 to 100 EUR for individuals, or with a proprietary sanction from 50 up to 100 BGN. for sole traders and legal persons.
(2) for the second violation penalty of 100 to 200 EUR for individuals, the proprietary sanction is in the amount of 100 to 200 EUR for sole traders and legal persons.
Art. 105 e. Contractor medical care who violates the requirements for the provision of information under art. 64 and is punishable with a fine of 20 to 50 EUR for individuals, or with a proprietary sanction from 20 to 50 EUR for sole proprietors and legal persons.
Art. 105. (1) the Performer of medical assistance, which prevent the officials of the NATIONAL HEALTH INSURANCE FUND, the REGIONAL FUND to exercise their rights and fulfil their obligations under this Act, shall be punished with fine in extend from 50 to 150 EUR for individuals, or with a proprietary sanction from 50 to 150 EUR for sole traders and legal persons.
(2) for the second violation penalty of 100 to 300 euro. for individuals, the proprietary sanction is in the amount of 100 to 300 euro. for sole proprietors and legal persons.
Art. 105. (1) the Performer of medical assistance, which does not fulfil its obligations to notify the MEDIA for changes in the circumstances surrounding the conclusion of the individual contract shall be punishable by a fine of 50 to 100 EUR for individuals, or with a proprietary sanction from 50 up to 100 BGN. for sole proprietors and legal persons.
(2) for the second violation penalty of 100 to 200 EUR for individuals, the proprietary sanction is in the amount of 100 to 200 EUR for sole proprietors and legal persons.
Art. 105. (1) the acts for the establishment of administrative offences under art. 105a-105 (g) shall be drawn up by the officials under art. 72, para. 2.
(2) the penal provisions shall be issued by the Director of the REGIONAL HEALTH INSURANCE FUND or by officials authorised by him. "
§ 62. In art. 106 following amendments and supplements shall be made:
1. In paragraph 8. 1, the words "of art. 59, para. 6 and 7 ' shall be replaced by "art. 59 b, para. 3. "
2. in the Al. 3, after the words "art. 104 "is added" 105a-105 (g) ".
3. in the Al. 4 everywhere the word "Inspectorate" is replaced by "audit".
§ 63. Article 109 shall be replaced by the following:
"Art. 109. (1) the health insurance rights of persons who are required to pay contributions at its own expense, shall be interrupted, in the case that individuals do not have imported more than three due monthly contributions for a period of 36 months until the beginning of the month preceding the month of medical assistance. People with broken health insurance rights paid experience medical care.
(2) health insurance rights of persons referred to in para. 1 shall be reimbursed, provided that the person has paid any outstanding health insurance contributions in the last 36 months.
(3) the health insurance rights of persons referred to in para. 1 shall be refunded by the date of payment of the contributions payable under paragraph 1. 2, amounts paid for donating medical aid shall not be reimbursed.
(4) where the obligation to contribute is the employer or other person of contributions should not deprive the insured person by the health insurance rights.
(5) paragraphs 1 to 3 shall not apply to the persons under art. 40. "
§ 64. In the transitional and final provisions the following modifications are made:
1. In paragraph 10, the words "voluntary health insurance companies under art. 3, al. 2 "are replaced by" health insurance companies under art. 3. "
2. § 19 and:
(a)) in the Al. 3 the words "art. 40 a, para. 2 and 3 ' shall be replaced by "art. 40 a, para. 4 and 5 ';
(b)) paragraph 4 shall be repealed.
Transitional and final provisions
§ 65. (1) within two months of the entry into force of this law the National Assembly elects the Director-General of the NATIONAL HEALTH INSURANCE FUND under the conditions and in accordance with this Act and the decision shall be published in the Official Gazette.
(2) the term of Office of the incumbent to the entry into force of this Act, the Director of the NATIONAL HEALTH INSURANCE FUND shall be terminated as of the date of publication of the decision referred to in paragraph 1. 1 in the "Official Gazette".
§ 66. (1) within 20 days of the entry into force of this law the Council of Ministers, the representative organisations to protect patients ' rights, the representative organisations of employees and employers ' representative under art. 13 shall appoint their representatives to the Supervisory Board of the FUND and shall notify the Director of the national health insurance fund for elected representatives.
(2) Organizations under para. 1, which are not designated their representatives in the Supervisory Board in accordance with the requirements and in accordance with this Act, acquire the right to participate in it. Meetings of the Supervisory Board of the FUND are legitimate and without their participation, in compliance with the quorum requirements set out in art. 16, al. 3.
(3) within 14 days of publication of the decision referred to in § 65, para. 1 the Supervisory Board of the FUND shall be constituted in accordance with the requirements of this law, shall be convened and held its first session.
(4) the first meeting of the Supervisory Board under para. 3 shall be convened by the Director of the NATIONAL HEALTH INSURANCE FUND, which within 7 days from the publication of the decision referred to in § 65, para. 1 sends invitations to selected pursuant to para. 1 members.
(5) the powers of the members of the current NATIONAL HEALTH INSURANCE FUND management authorities – the Assembly of representatives, the Management Board and the Supervisory Board, shall be terminated upon the establishment of the Supervisory Board of the FUND in accordance with para. 3.
§ 67. (1) within three months of the entry into force of this law the Director of NHIF is announcing and held competitions to fill the position of Director of the REGIONAL HEALTH INSURANCE FUND by the procedure of art. 15, para. 1, item 11.
(2) Welded to the entry into force of this law the persons to act as a Director of the REGIONAL HEALTH INSURANCE FUND reserve the rights to conduct the contest under para. 1 for the post, but for not more than three months from the entry into force of this law.
§ 68. (1) for the implementation of the activities provided for in this Act, 2010 applies National framework contract for 2010, concluded within 23 December 2009 between the NATIONAL HEALTH INSURANCE FUND, the Bulgarian medical association and Bulgarian Dental Association of not less than 8 representatives of the NHIF and representatives of 8 professional organizations of physicians and dental practitioners. The contract shall be countersigned by the Minister of health, and shall be published in the Official Gazette within 29 December 2009.
(2) the national framework contract under para. 1 contains:
1. the conditions to be satisfied by the executors of medical assistance, as well as the procedures for the conclusion of contracts with them;
2. different types of medical aid under art. 45;
3. the conditions and procedures for the granting of the aid referred to in paragraph 2;
4. volume, price and method of payment of the aid referred to in paragraph 2;
5. quality and accessibility of medical care dogovarânata;
6. the documentation and documentation;
7. obligations of the parties under the information provision and exchange of information;
8. other issues of relevance to health insurance.
(3) if signed National framework contract pursuant to para. 1, 2010 apply National framework contract for 2006 and decision No Rd-BM-13-17 of the NATIONAL HEALTH INSURANCE FUND of 20 January 2009 laying down the conditions to be satisfied by the performers of the medical and dental assistance, procedures for the conclusion of contracts with them and other conditions under art. 55, para. 2, item 2, 4, 6 and 7 HIA (promulgated, SG. 8 of 2009; amend., SG. 37 and 43 of 2009), with the exception of the provisions relating to: 1. lists of medical products and dietary foods for special medical purposes and prices to which HEALTH INSURANCE paid them in full or in part; conditions for administering and receiving the drugs, medical devices, and dietary foods for special medical purposes;
2. the conditions and procedures for the control of the implementation of the treaties;
3. penalties for non-performance of the contract.
(4) the powers of the Administrative Board provided for in the acts under paragraph 1. 1 and 3 shall be carried out by the Supervisory Board or by the Director of the NATIONAL HEALTH INSURANCE FUND in accordance with their powers defined in this law.
§ 69. Persons whose liability for insurance in accordance with art. 40, para. 5 is occurring prior to January 1, 2010, are required to submit a declaration under art. 40, para. 5, item 2 by 1 March 2010.
§ 70. (1) Proceedings by 1 January 2010. proceedings for the imposition of penalties by the control authorities of the NATIONAL HEALTH INSURANCE FUND by the same authorities completed the previous order.
(2) Formed by 1 January 2010 court proceedings in challenging the sanctions imposed are continuing and completed in the previous row.
§ 71. In the event of revenue in the budget of the national health insurance fund for 2009. the reduction in the positive balance was on account of operations in the part of the financing, including through modification of the accounts.
§ 72. In the Health Act (promulgated, SG. 70 by 2004; amend., SG. 46, 76, 85, 88, 94 and 103 by 2005, issue 18, 30, 34, 59, 71, 75, 80, 81, 95 and 102 in 2006, issue 31, 41, 46, 53, 59, 82 and 95 (2007), no. 13, 102 and 110 since 2008 and 36 PCs. , 41, 74, 82, 93 and 99 of 2009.) make the following changes and additions:
1. In art. 86 a, para. 2 the words "art. 7 (a), para. 1 of the law on health insurance "are replaced by" article. 86 (b).
2. Create art. 86 b and 86 in:
"Art. 86 (b). (1) the representative organizations for the protection of the rights of patients are organisations which meet the following conditions:
1. to aim at the protection of the rights and interests of all patients regardless of specific diseases, diagnoses and suffering;
2. to be registered as non-profit associations of public benefit within the meaning of the law of non-profit legal entities;
3. be presented by national, have created regional structures throughout the country.
(2) in the management bodies of associations under para. 1 cannot participate in government officials, authorities, organs of local self-government and local administration employees, contractors of the NHIF medical care, members of the management and control bodies of the producers, importers and traders of medicinal products, medical devices and medical equipment.
(3) the Ministry of health and other government bodies, bodies of local self-government and local administration and assist NHIF of associations for the protection of the rights of patients. The associations have the right to:
1. obtain information on draft regulations concerning the rights and interests of patients;
2. inform the competent authorities about cases in which patients ' rights are violated, request information on the checks carried out, the results thereof and the action taken.
(4) organisations under para. 1 can participate through their representatives in the work of advisory bodies, committees and working groups to the Ministry of health and the NATIONAL HEALTH INSURANCE FUND.
Art. 86. (1) Organizations to protect the rights of patients recognised as representative within the meaning of art. 86 b, para. 1 on request by the Minister of health.
(2) the recognition of organisations for the protection of the rights of patients to the representative in al. 1 shall be carried out in order and criteria set out in the Ordinance of the Minister of health.
(3) the refusal of the Minister of health to recognize the representative organization for the protection of the rights of patients can be challenged under the administrative code.
(4) every three years following their recognition in accordance with para. 1 organizations to protect the rights of patients are to establish their representativity in order determined by the Ordinance under para. 2.
(5) the Minister of health may carry out checks on compliance with the requirements of art. 86 b, para. 1 of each of the associations for the protection of the rights of patients, depending on the results with an order confirm or revoke its representativeness. The checks shall be carried out by an order determined by the Ordinance under para. 2. (6) an order of the Minister of health for the withdrawal of the representativeness of the Organization for the protection of patients ' rights may be appealed in accordance with para. 3. "
3. In art. 116:
(a)) in the Al. 1 the word "Inspectorate" is replaced by "audit";
(b)) in the Al. 2 the word "Inspectorate" is replaced by "audit";
in) a new para. 3:
"(3) the Executive Agency" Medical audit "is managed and represented by the Director. In carrying out its functions, the Director of the Agency shall be assisted by a Deputy Director. ";
d) past al. 3 it al. 4 the term "Inspectorate" is replaced by "audit".
4. In art. 116 (b):
and the current text) became al. 1 and in it in the text before paragraph 1 the word "Inspectorate" is replaced by "audit";
b) in paragraph 3 the word "medical" is replaced by "approved medical";
in) a new item 4:
4. supervise the quality of medical care in accordance with established medical standards; "
(d)) the current item 4 becomes item 5 and shall be amended as follows:
"5. exercise control pursuant to chapter IV of the law on health insurance;"
(e)) the current item 5 becomes item 6 and after the word "service" for the rest, the text is deleted;
that is the current) 6 becomes item 7;
(g)) the current item 7 becomes item 8;
h) the current item 8 becomes item 9 and the word "medical" is replaced by "approved medical";
and CFOs) becomes item 9 item 10 and the word "medical" is replaced by "approved medical";
j) current item 10 item 11 and becomes in it the number "7" is replaced by "8";
k) the current item 11 shall become item 12;
l) current t. 12 becomes item 13 and the number "5" shall be replaced by ' 6 ";
m) the current item 13 shall become item 14;
n) current t. t 14.15;
o) Al is created. 2:
(2) "Executive Agency" Medical audit "shall immediately notify the employer, labor safety, State oversight, state veterinary control and the protection of the environment for taking the necessary measures in case establish working conditions and other harmful environmental factors that threaten the health of citizens."
5. in article 116 shall be replaced by the following:
"Art. 116. (1) the Executive Agency "Medical audit" carried out routine and special inspections of medical institutions.
(2) the Executive Agency "Medical audit" has the right to check the activity of all natural and legal persons, for which there is data that operate in violation of this law and the law on medical institutions.
(3) the conditions and procedures for carrying out the checks referred to in paragraph 1. 1 shall be determined by an Ordinance of the Minister of health. "
6. In art. 116 it is:
a) in paragraph 1 the word "Inspectorate" is replaced by "audit";
b) in paragraph 2 the figure "30" is replaced by "20";
in point 4) shall be replaced by the following:
"4. further stimulation to the officers of the Executive Agency" Medical audit "– up to 25 percent of the funds collected under art. 116 e, para. 3, item 1 under the conditions and in accordance with procedures laid down in the rules of art. 116 a, para. 4. "
7. Article 221 shall be replaced by the following:
"Art. 221. (1) the medical establishment, which violated the rights of a patient, regulated by this law and by the normative acts for its implementation, is punished with a fine of 300 to 1000 BGN, and for repeated infringement – from 500 to 1500 EUR
(2) when the offence under para. 1 was carried out by the medical establishment – sole trader or legal entity having financial penalty in the amount from 500 to 1500 EUR and repeated violation of by 1000 – $ 3000. "
8. in other texts of the law the words "Medical Board" shall be replaced by "Medical audit".
§ 73. In the medial institutions Act (promulgated, SG. 62 of 1999; amend., SG. 88, 113 and 114 of the 1999 No. 36, 65 and 108 of 2000 No. 51 of 2001 – Decision of the Constitutional Court No. 11 of 2001; amend., SG. 28 and 62 of 2002, no. 83, 102 and 114 from 2003, no. 70 by 2004. , PC. 46, 76, 85, 88, and 105 by 2005, issue. 30, 34, 59, and 105, 2006, issue. 31, 53 and 59 since 2007, PCs. 110 since 2008 and St. 36, 41 and 99 of 2009.) make the following changes and additions:
1. an art. 115 (a):
"Art. 115. (1) the medical establishment who carries out the function of outpatient medical care in violation of the provisions on established medical standards, is punished with a fine of 300 to 1000 EUR
(2) when the offence under para. 1 was carried out by the medical establishment – sole trader or legal entity having a proprietary sanction from 300 to 1000 BGN "
2. an art. 116:
"Art. 116. The medical establishment who carries out the function of hospital medical care in violation of established medical standards, is punished with a penalty of 500 to 2000 BGN.
3. Article 117 shall be amended as follows:
"Art. 117. (1) the offences under art. 115 and 116, 115 and 116, and settled down with acts, made up of officials appointed by the Director of the regional health center, or by officials designated by the Executive Director of the Executive Agency "Medical audit".
(2) the penal provisions for offences under art. 115 and 115A shall be issued by the Director of the regional centre of health or by the Executive Director of the Executive Agency "Medical audit".
(3) penal provisions for offences under art. 116 and 116 (a) shall be issued by the Executive Director of the Executive Agency "Medical audit". "
§ 74. The law on the prevention and disclosure of conflict of interest (official SG. 94 of 2008; amend., SG. 10 and 26 of 2009) in art. 3 p. 19 is amended as follows:
19. the members of the Supervisory Board, the Director of the national health insurance fund and the directors of the regional health insurance coverage; ".
§ 75. In the Guild organizations of doctors and the doctors of dental medicine (official SG. 83 of 1998; amend., SG. 70 by 2004, no. 76 and 85 from 2005, issue 30, 59, 75 and 105 of 2006, no. 31 of 2007, 13 and 102/2008) in art. 24 item 10 shall be repealed.
§ 76. (1) the Council of Ministers shall adopt by 31 January 2010. the rules of procedure under art. 116 a, para. 4 of the Health Act.
(2) the Agency for economic analysis and forecasting to the Minister of finance develops within 1 November 2010 volumes, pricing and costing methodologies and for payment of medical assistance under art. 55, para. 2, item 2.
§ 77. The law shall enter into force on the day of its publication in the Official Gazette, with the exception of: 1. the paragraphs 4, 5, 10 (concerning article 15, paragraph 1, item 2), 26, 27 (1 (b), item 2, 4, 5 and 6), 28, 29, 30, 33, 34, 35, 37, 38, 39, 40, 41, 42, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 , 56, 57, 58, 59, 60, 61, 62, 64 (2), 69, 72 (3, 4, 5, 6, 7 and 8), 73 and 75, which come into force from 1 January 2010;
2. paragraphs 25 and 27, paragraph 1, subparagraph (a), which shall apply from 2 January 2010;
3. paragraph 63, which shall enter into force on 1 February 2010;
4. paragraph 36 (concerning art. 55 in), which shall enter into force on 1 January 2011;
5. paragraphs 31 and 43 (1), which shall apply from 1 January 2012;
6. paragraph 27, paragraph 3, which shall enter into force on January 1, 2013;
7. paragraph 29, paragraph 1, point (b), which shall enter into force on 1 January 2011.
The law was adopted by 41-Otto National Assembly on 17 December 2009 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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