200/2015 Sb.
LAW
of 23 December 2003. July 2015,
amending Act No. 48/1997 Coll., on public health insurance, and
on the change and the addition of some related laws, as amended
legislation, Act No. 551/1991 Coll., on the Czech General health insurance company
Republic, as amended, law No. 280/1992 Coll., on the
departmental, industry, corporate, and other health insurance companies,
in the wording of later regulations, and Act No. 592/1992 Coll., on insurance on
public health insurance, as amended
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the Act on public health insurance
Article. (I)
Act No. 48/1997 Coll., on public health insurance and amending and
supplementing certain related laws, as amended by Act No. 242/1997
Coll., Act No. 2/1998 Coll., Act No. 127/1998 Coll., Act No. 225/1999
Coll., Act No. 363/1999 Coll., Act No. 18/2000 Coll., Act No. 132/2000
Coll., Act No. 155/2000 Coll., the finding of the Constitutional Court, declared under no.
167/2000 Coll., Act No. 220/2000 Coll., Act No. 258/2000 Coll., Act No.
459/2000 Coll., Act No. 176/2002 Coll., Act No. 198/2002 Coll., Act No.
285/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll., Act No.
222/2003 Coll., Act No. 274/2003 Coll., Act No. 362/2003 Coll., Act No.
424/2003 Coll., Act No. 425/2003 Coll., Act No. 455/2003 Coll., Act No.
85/2004 Coll., Act No. 359/2004 Coll., Act No. 422/2004 Coll., Act No.
436/2004 Coll., Act No. 438/2004 Coll., Act No. 123/2005 Coll., Act No.
168/2005 Coll., Act No. 253/2005 Coll., Act No. 350/2005 Coll., Act No.
361/2005 Coll., Act No. 47/2006 Coll., Act No. 109/2006 Coll., Act No.
112/2006 Coll., Act No. 117/2006 Coll., Act No. 165/2006 Coll., Act No.
189/2006 Coll., Act No. 214/2006 Coll., Act No. 245/2006 Coll., Act No.
264/2006 Coll., Act No. 340/2006 Coll., the finding of the Constitutional Court
declared under the No 57/2007 Coll., Act No. 181/2007 Coll., Act No.
261/2007 Coll., Act No. 296/2007 Coll., Act No. 129/2008 Coll., Act No.
137/2008 Coll., Act No. 270/2008 Coll., Act No. 274/2008 Coll., Act No.
306/2008 Coll., Act No. 59/2009 Coll., Act No. 158/2009 Coll., Act No.
227/2009 Coll., Act No. 281/2009 Coll., Act No. 362/2009 Coll., Act No.
298/2011 Coll., Act No. 365/2011 Coll., Act No. 369/2011 Coll., Act No.
458/2011 Coll., Act No. 1/2012 Coll., Act No. 275/2012 Coll., Act No.
401/2012 Coll., Act No. 403/2012 Coll., Act No. 44/2013 Coll. award
The Constitutional Court declared under no 238/2013 Coll., Act No. 60/2014
Coll., Act No. 109/2014 Coll., Act No. 250/2014 Coll., Act No. 256/2014
Coll., Act No. 267/2014 Coll. and Act No. 1/2015 Coll., is hereby amended as follows:
1. In section 3, paragraph 3. 2 (a). and the word ' death) "is replaced by the word" death ".
2. In section 8 (2). 4, the fifth sentence is replaced by the phrases "If the beneficiary
do not submit the relevant proof of health insurance company closed health
insurance abroad and its length, is obliged to pay extra premiums retroactively
so, as if to check-out there; the finance charge shall in such case shall not be recovered.
If the insured person shall submit proof of health insurance in the closed
abroad, which does not cover all the time when not required to pay premiums in the
The Czech Republic in the first sentence, is obliged to pay extra premiums retroactively
for each calendar month in which the health insurance abroad
It didn't take all such calendar month; the finance charge in this case
shall not be recovered. Additional declaration referred to in the first sentence can be a health insurance company
submit as soon as possible after the expiry of 2 full calendar months following
After a day back on. ".
3. In article 8, the following paragraph 6 is added:
"(6) finance charge will recover in the long stay of the insured person in a foreign country,
that has not made a written declaration in accordance with paragraph 4, paid
insurance premiums and throughout their stay abroad nečerpal paid services. In
this case, the beneficiary shall be required to submit proof of the closed
health insurance abroad and its length, which covers all the time
a long-term stay abroad. The period of a long-term stay abroad in
this case, starting on the date referred to as the beginning of the insurance
in the proof of conclusion of health insurance abroad. ".
4. In section 10, paragraph 1. 5, the words "of a minor or of a person without the capacity to
legal capacity "are replaced by the words" with limited svéprávností "and at the end of
the text of the paragraph, the words ", the guardian or guardian".
5. In section 10, paragraph 1. 6, after the words "legal representative", the words ",
guardian or guardian "and the words" on the date of his birth "
the words "; If the mother of the child is not disabled insured under this Act,
shall notify the guardian, guardian or guardian of the child's birth
the health insurance company, for which the insured is the father of the child on the day of its
the birth ".
6. In section 10, paragraph 1. 7 the word "Death" replaced by the word "death".
7. In section 11 (1). 1, letter a) is added:
"and on the selection of health insurance), unless otherwise provided in this Act,".
8. In section 11 (1). 1 letter f) including footnote No. 19a is inserted:
"(f)) for the provision of health care paid to the extent and under the conditions
provided for in this Act related to illnesses with a very low
the incidence in the population in the sense of directly applicable legislation
The European Union ^ 19a) (hereinafter referred to as "orphan"), including medicinal
orphan medicinal products covered by this Act.
19a) article 3 of the regulation of the European Parliament and of the Council (EC) No 141/2000 of the
day 16. December 1999 on orphan medicinal products. ".
9. under section 11 is added to § 11a is inserted:
"§ 11a
(1) a health insurance company can be changed once every 12 months, and it always just
1. day of the calendar half-year. The application bearing the signature of the
insured person, his legal representative, a guardian or guardian shall
submit the selected health insurance company in the course of the calendar half-year
immediately preceding that in which the change of health
insurance companies may, not later than 3 months before the requested date of changes.
Application to change the health insurance companies can submit only one in
calendar year; for any other applications will no longer be taken into account, and it
even then, if they are submitted within the time limit.
(2) the beneficiary is entitled to change the health insurance company i within the time limit
shorter than that referred to in paragraph 1, if the
and health insurance), for which it is insured, entered into liquidation,
(b)) was over health insurance that is insured, introduced compulsory
Administration, or
(c)) was to merge the health insurance companies, which also applies to health
insurance companies, for which it is insured, and always to the first day of the 3 calendar
months following the month in which the event occurred as listed
in points (a) to (c)).)
(3) a change of health insurance companies is carried out under persons with reduced svéprávností
their legal guardian, guardian or guardian.
(4) on the birth of the child, the right to choose health insurance
does not apply. The date of birth of the child becomes the beneficiary of health
insurance companies, for which it is insured by the mother of the child on the day of his birth.
If the mother of the child who was born disabled insured under this
the law, the date of birth of the child becomes the beneficiary health insurance for
which is insured on the day of his father's birth.
(5) the health insurance of the child may Change his legal representative,
guardian or guardian of a child, the social security number allocations
and that, on the date laid down in paragraph 1 or 2. ".
10. In section 12 (b). j) point 3 shall be replaced by the word "abroad" by the words "abroad
pursuant to section 8 (2). 4. "
11. In section 15 paragraph 3 reads:
"(3) the health insurance Of health services provided on the basis of the
recommendations of the registering of the provider in the field of obstetrics and
obstetrics in connection with artificial insemination, if it is a form of
her fertilisation (in vitro fertilization) shall be borne by
and women with a double-sided) blockage of the fallopian tubes in the age from 18 years to
the thirty-ninth year of the date of attainment of age,
(b)) other women aged between 22 years to the date of attainment of the thirtieth ninth
year, age,
most three times in your life, or if it was in the first two cases
transferred to the genitals of a woman more than 1 human embryo resulting from
eggs sperm fertilization outside the body of a woman, four for life. ".
12. In section 17(2). 1, the first sentence shall be inserted after the phrase "contract pursuant to sentences
the first, including their amendments and additions relating to the method of payment,
the amount of remuneration and regulatory restrictions on remuneration, always contain define the period,
which method of payment, the amount of the remuneration and the regulatory restrictions of the remuneration
in such a contract agreed. If between the provider and the
health insurance company to an agreement about how the amount of compensation paid and the services
and regulatory restrictions during the calendar year for which they are to be
agreed, the provider and the health insurance company may agree that the
This agreement applies to the determination of the method of payment and the amount paid
services and regulatory constraints for the entire calendar year or its
part. ".
13. In section 17(2). 1, the fourth sentence is inserted the phrase "part of the contract of
the provision of payment services and paid in accordance with the first sentence, including its
amendments and additions relating to the range of paid services, which is
contract, is always of the enumeration of health
health procedures issued by the decree referred to in paragraph 4, that this
the contract includes. ".
14. In section 17(2). 2, the first sentence shall be inserted after the phrase "the conciliation proceedings may
to invoke any of its pages or the Ministry of health. ".
15. In section 17 paragraph 4 is added:
"(4) Providers, and other entities providing paid services
reporting health performance using a list of medical procedures with
point values and with the rules for their reporting and health
the insurance company accepts this method of reporting, unless you
health insurance company a different way of reporting. The Ministry of
Health provides a list of Health decree power point
values and with the rules for their reporting. ".
16. In section 17(2). 5, the fifth sentence shall be replaced by the phrase "in the absence of the
conciliation agreement to 30. 6. the calendar year
or if the Department of health finds that this agreement is not in the
accordance with the law or the public interest, determines the value of point,
the amount of the reimbursement paid by the services, the amount of the advances to cover paid services and
regulatory restrictions for the following calendar year, the Ministry of
health care Decree in the term to 31. October of the calendar year. ".
17. In paragraph 8 of section 17, including footnotes, no 60 and 61:
"(8) if the transfer of all property rights relating to the
the provision of health services from the provider, who asked for the withdrawal of
permission for the delivery of health services under the health
services ^ 60), to another person, which was granted to it in the following
permission to the provision of health services, or provides other
a person medical services on the basis of a certificate of compliance with the conditions for
the continuation of the provision of health services after the deceased provider
under the law on health services ^ 61) or subsequently granted her
permission to the provision of health services, health insurance
with this person on request and payment of the contract paid by the
services to the same extent as the original provider, to 180
days from the date of delivery of the request, the health insurance company; the contract is not
shall be obliged to conclude a health insurance company in the event that the original
provider contract. The request of the person referred to in the sentence
the first to submit no later than 30 days from the date of the granting of permission to
the provision of health services, with respect to a person, which has been converted
property rights relating to the provision of health services, or to
30 days from the date of the grant of the certificate of compliance with the conditions for the continuation of the
the provision of health services, with respect to a person who continues
the provision of health services after the death of the provider. By the time of
the conclusion of the contract and payment of the paid services of the person
referred to in the first sentence, the right of remuneration provided by the paid services in the
the scope of the Treaty on the provision and payment of paid services
concluded between the original provider and health insurance, not more than
However, after a period of 210 days from the date of transfer of the economic rights relating to the
the provision of health services, or from the date from which continues
the provision of health services, based on the permissions of the deceased
the provider.
section 23, paragraph 60). 3 the law on the health services.
61) section 27 of the Act on health services. ".
18. In article 17, the following paragraph 9 is added:
"(9) health insurance contract shall be published in accordance with paragraph 1 and paragraph
7 (b). (d)) in a way that allows remote access no later than 60 days
from the date of the conclusion of such a treaty. In the same way and at the same time
health insurance company shall publish each appendix or a change of the Treaty according to the
paragraph 1 and paragraph 7 (b). (d)), which shows the amount of the reimbursement of medical
the insurance company paid for the provided service providers or range
provided by paid services (hereinafter referred to as "Appendix a"). The Treaty according to the
paragraph 1 and paragraph 7 (b). (d)) or Appendix shall take effect on the date of
the publication referred to in the first sentence. If the health insurance company and
the provider agree to another method or the amount of the remuneration, than it is for
the calendar year specified in a decree in accordance with paragraph 5, it shall publish this
the fact of the contract referred to in the first sentence. Health
the insurance company shall not disclose information and data which are the subject of protection
under other legislation. Health insurance in addition to disclose
the Treaty, information and data relating to the provider, which is
at the same time intelligence. ".
19. the following section is inserted after section 17a, 17b is inserted:
"§ 17b
(1) the classification, change or disposal of health performance from the list
health interventions proposed the Ministry of health, health
the insurance company or the relevant professional society combined in the Czech medical
the company of Jan Evangelista Purkyně, a professional organization or professional
the company, which brings together individuals with a professional or
a specialized device for carrying out the medical profession (hereinafter
"the relevant professional society").
(2) the part of the proposal referred to in paragraph 1 shall be the draft registration
a worksheet that contains at least the name of the health performance, justification
the proposal, a description of the health and performance of its implementation, the rules for
the basis for calculation and reporting of its point value. When the proposal on the
the inclusion of a new health performance is part of the registration sheet
also assess the effectiveness of health and performance compared to the proven
the therapeutic benefit of the existing procedures in the same or a similar indication,
If such a comparison possible. The pattern design of the registration sheet, instructions
for the filling and the calculation formula for the calculation of the point values
performance of Health Ministry of health shall publish on its
website. On its website further
The Ministry of health will publish their own proposals as well, and it
at least for a period of 30 days.
(3) for the evaluation of a proposal from the professional point of view, the Minister shall
health as its advisory body, the Working Group to the list of
health performance. The Working Group to the list of health interventions
issued to each of the draft opinion.
(4) the Members of the Working Group to the list of health interventions are 1 representative
General health insurance company, 1 representative of the Union of health
insurance companies, 1 representative of the Czech Medical Chamber, 1 representative of the Czech medical
the company of Jan Evangelista Purkyně, 1 representative of the Czech pharmaceutical
the company of Jan Evangelista Purkyně, 1 representative of the Association of outpatient
the CZECH specialists, 1 representative of the Association of general practitioners, 1 representative of the
The CZECH Association of hospitals, 1 representative of the Czech Association of nurses, and 3 representatives of the
The Ministry of health. To the Working Group of the health
performance is always invited a representative of the company also,
that proposal was lodged. The activities of the Working Group to the list of health
performance shall be governed by the rules of procedure, which shall publish the Ministry of
health in the journal of the Department of health.
(5) the Health Ministry continuously carries out the review of the health
procedures contained in the list of health services to the health performance
reflect the developments in the provision of health services and the development of
costs. If the Ministry of health of the procedure in a sentence
First, that the health performance does not match the developments in the provision of health
services and development costs, it shall proceed in accordance with paragraphs 1 and 2.
(6) Registration leaves health powers set out in the list
health and performance data for all revisions carried out each
health performance referred to in paragraph 5, the Ministry publishes
health care on its Web site. ".
20. In section 30, paragraph. 2 (a). (b)) at the end of the text of section 4, the words "shall be added;
paid by the insured persons is further above 65 years of age vaccinated against
pneumococcal infections according to the approved vaccination scheme ".
21. In section 30, paragraph. 2 (a). (b)), point 6, the words "three doses of vaccine
the substance ' shall be deleted.
22. In § 36 odst. 2 the words "health transport ' shall be replaced by the word
"paid".
23. In section 39, the word "autopsy", the words "to the nearest contract
the provider that is capable of a specified kind of dissection under a sheet of
visiting the deceased make, "and the words" to the death "are replaced by the words" towards the
the death ".
24. In paragraph § 39q. 1 the words "3 years" is replaced by "5 years".
25. In paragraph § 39q. 2 (a). and (b), the words "). (b)), or (c)) "shall be replaced by
the words "(a). and (c))) ".
26. In section 40 paragraph. 8, the words "of the minor or the person insured's free
the eligibility of legal capacity "are replaced by the words" persons with reduced
svéprávností "and after the words" legal representatives "with the words"
opatrovníkovi or guardian ".
27. section 41 reads as follows:
"§ 41
(1) the health insurance company uses for the purposes of proceedings under section 53 of the
the basic data of the population register to the extent
and last name)
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, the place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The Czech Republic, the date of death, place and the State on whose territory the death
has occurred; If the decision of the Court on the declarations for the dead, the day
that is the decision given as the day of death or the day that the body
data declared dead survived, and the date of the entry into force of this
the decision,
(f) citizenship, where applicable) more state citizenship.
(2) health insurance company uses for the purposes of proceedings under section 53 of the
the information system of the population register data in the range
and, where applicable, names) the name, surname, or their amendment, native
the last name,
(b) the date of birth),
(c)) the place and district of birth; for a citizen who was born abroad, the place and the
the State, where he was born,
(d)) and his social security number changes
e) citizenship, or more of State citizenship,
(f) the address of the place of residence), including previous address space
permanent residence,
(g)) the beginning of permanent residence or cancellation date data on the place of
permanent residence or the date of their permanent residence on the territory of the Czech
of the Republic,
(h)) date of the entry into force of a court decision on the approval of the Treaty of
aid or representation of a member of the household, including the placing of the Court which
contract or representation, the date of the entry into force of the decision
the Court about restrictions, mom, name, where applicable, the name, surname and maiden
the number of the guardian; If the social security number assigned to opatrovníkovi,
date, place and County of birth, and the guardian, who was born in
abroad, the place and the State where he was born, is a Babysitting the legal
the person, the name and address of the registered office,
(I) the name, if applicable) name, last name and social security number of the father, mother,
another legal representative, where appropriate; in the event that one of the parents or
another legal representative or guardian does not have a social security number, his name,
where appropriate, the name, surname and date of birth; If other legal
the representative of the child's legal person, the name and address of the registered office,
j) family status and the date of the change,
the social security number of spouse); If the husband is a natural person who does not have
assigned a social security number, his name, where applicable, the name, the surname of the husband and
the date of his birth,
l) social security number of the child,
m) date, place and County of death; in the case of the death of a citizen outside the territory of the Czech
Republic, the date, place and the State on whose territory the death occurred,
n) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death, or as a day that survived,
about) day, which was in the decision of the Court declaring the missing listed
as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition
the decision of the Court on the declarations for the missing.
(3) the health insurance company uses for the purposes of proceedings under section 53 of the
the information system of the aliens in the scope of data
and, where applicable, names) the name, surname, maiden name, change
(b) the date of birth),
(c) the location and State of birth),
(d)) and his social security number changes
e) citizenship or nationality,
(f)) and the address of the place of stay, type,
(g)) number and permission to stay,
(h) the beginning of the stay, if applicable), the date of their stay,
I) restrictions, mom,
(j)), the administrative or judicial expulsion and the period for which it is not admitted
on the territory of the Czech Republic,
k) marital status, date and place of its changes, the name, or names,
the surname of the husband and his social security number; in the case that the social security number was not
assigned, date of birth,
l) name, or the name, the surname of the child and his social security number; in
If the social security number was not assigned, date of birth,
m) name, where applicable, the name, the surname of the father, mother, or another
legal representative or guardian and their social security number; in the event that the
one of the parents or other legal representative or guardian does not have native
the number of his name, where applicable, the name, surname and date of birth,
n) date, place and County of death; in the case of deaths outside the territory of the Czech
of the Republic, the State on whose territory the death occurred, or the date of death,
about) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death or the date on which the stranger declared dead survivors,
p) a day, which was in the decision of the Court declaring the missing listed
as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition
the decision of the Court on the declarations for the missing,
q) name, or names, and surname
1. zletilého of a dependent child of a foreigner,
2. minor aliens who had been strangers, or his husband
by decision of the competent authority entrusted to substitute family care, or
that was a stranger, or his or her spouse or whose guardian osvojen
his guardian or husband is a stranger,
3. the lone foreigner aged 65 years or whatever the age of the alien,
which of themselves can take care of himself for health reasons, with respect to
family reunification with a parent or a child, who are aliens,
4. an alien who is the dependent direct relatives in the ascending or
descending line or such relatives of the husband of a citizen of the European Union,
5. the parents of a minor alien and his social security number; in the case of foreigners,
who do not have assigned a social security number, name, or name, last name, and
date of birth.
(4) the health insurance company uses for the purposes of proceedings under section 53 of the registry
social security numbers of individuals, to whom was assigned the birth number,
However, they are not kept in information systems referred to in paragraph 2
or 3, the data in the range
and, where applicable, names) the name, surname, maiden name, if applicable,
(b) the social security number) and its amendments,
(c)) date of birth,
d) place and County of birth, in the case of physical persons born abroad and place
State of birth.
(5) data that are kept as reference in the principal registry
of the population, make use of the information system of the population register or
information system to foreigners only if they are in the shape of the previous
the current state.
(6) the data provided can be used in a particular case only
such information, which are necessary to fulfil that task. "
28. Section 41 new section 41a is inserted, which including the title:
"section 41a
Classification of acute care and a reference network providers
(1) for the purposes of rationalization of the functioning of the system of public health
insurance in the area of acute care Department of health information
and statistics of the Czech Republic (hereinafter referred to as the "Institute of health
information ") creates and updates the list of groups
in acute care hospitalizations related to diagnosis (hereinafter referred to as
"the group"), their relative costs, rules
hospitalizations into groups and methodologies related to reporting
provided by the paid services in acute care. The current data and
the methodology referred to in the first sentence transmitted to the Institute of health information
The Ministry of health always within 90 days before the end of the calendar
of the year. Rules for the classification of hospitalizations into groups leading the Institute
health information in a computer program, which the Ministry of
health care provides with the information referred to in the second sentence.
(2) the Ministry of health data and methodology referred to in paragraph 1 sentence
the other exposes on their website and on request free of charge
It provides in particular for the purposes of the reporting of paid services, acute
care health insurers, providers and other entities
a computer program referred to in paragraph 1, the sentence of a third.
(3) for the purposes of the transmission of information in the national registry of paid services
under the law on health services health insurance information
the provider reported acute care services covered by the
processes in the computer program referred to in paragraph 1, the sentence of a third.
(4) to ensure the development of the system of classification of hospitalizations in acute
inpatient care to groups of the Institute of health information, may conclude
the contract with the provider of the information about the costs
hospital admissions. The Ministry of health will publish a list
providers with whom the contract has been concluded, in accordance with the first sentence in the
Journal of the Ministry of health. ".
29. In section 43, paragraph. 2 the last sentence, the word "or" is replaced by a comma and
the words "legal representatives" with the words ", the guardian, or
the guardian ".
30. § 45a is added:
"§ 45a
(1) the health insurance company has committed misconduct by
and) shall not disclose contract and remuneration paid for services in accordance with section
17 paragraph. 9 or its amendment or modification,
(b)) does not list the contracting providers under § 40 paragraph. 10 (a). and)
or not to publish such a list,
(c)) does not list the medical workers engaged in paid
services for individual providers according to § 40 paragraph. 10 (a). (b)),
(d) the provision to the insured does not provide its own) paid services including
their local and temporal availability according to § 46 paragraph. 1, or
(e)) in contravention of section 52, paragraph. 2 close the contract and payment
paid services to the applicant without the recommendation of the conclusion of such a contract in
the selection procedure.
(2) for the administrative offence is imposed in the
and 100 000 CZK), with respect to the administrative offence referred to in paragraph 1 (b). (b)) or
(c)),
(b)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (e)),
(c)) 10 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)
or (d)).
(3) health insurance for administrative offence does not match, if the
It proves that made every effort, that it was possible to require that
violations of the legal obligations.
(4) in determining the acreage of a fine account of the health insurance company
the severity of the misconduct, in particular to the way a criminal offence and its
consequences and the circumstances under which it was committed.
(5) the liability of the insurer for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings to 1 year from the date on which it
learned, but no later than 3 years from the day when it was committed.
(6) administrative offences referred to in paragraph 1 dealt with the Ministry of
health care.
(7) the Fines collected and enforced by the authority, which is saved.
(8) income from fines is the income of the State budget. "
31. In section 46 is at the end of paragraph 2, the period shall be replaced by "or", and
the following point (f)), which read:
"(f)) when the contract for the provision of payment services and paid by
§ 17 paragraph. 8. ".
32. In paragraph 46. 4, the words "or the candidate" is replaced by ", the candidate
or a municipality ".
33. In § 47 odst. 2 (a). and), after the words "services and", the words
"specifically defined".
34. In section 48, paragraph. 1 (b)):
"(b) the representative of the competent Chamber established) by the law of the Czech Medical Chamber,
The Czech dental Chamber and the Czech Chamber of pharmacists or representatives
in the case of a professional organization, when there is no relevant Chamber ".
35. In section 48, paragraph. 1 (d)):
"(d)), the expert for the health service to be contender
provided; If in the area of health services support
the company is a member of the selection board, the representative of the professional
society. ".
36. In § 49 paragraph. 2 the fourth sentence, after the words "the", the words "negotiations
the Commission, "and at the end of the paragraph the following sentence," the President of the Commission shall transmit to the
write vyhlašovateli without delay after the end of the meeting of the Commission. By activity
the Commission ends. ".
37. In article 49, paragraph 3 is deleted.
Paragraph 4 becomes paragraph 3.
38. In section 51, paragraph. 1, after the words "in particular", the words "to the network
health insurance in a given field and territory ".
39. In section 52, the following paragraphs 3 and 4 are added:
"(3) if the conclusion of the contract with the tenderer in the tender
recommended that this candidate may submit a proposal to the publication of a new
the selection procedure in the same scope and territory again after 3
months from the date of publication of the result of such a tendering procedure.
(4) if the conclusion of the contract with the tenderer in the tender
recommended that this candidate may again submit a proposal on its publication in the
the selection procedure or apply to the already announced by the selection
control for a given scope, territory and a health insurance company, for which it was
the conclusion of the contract and payment of the paid services recommended to
After the expiry of 3 months from the date of publication of the result of such a selection
control. ".
40. In section 53, paragraph. 1 third sentence, the words "and likely above
insurance ' shall be deleted, and in the last sentence, after the word "assessment"
the words "in matters of insurance".
41. In section 55 shall be added to paragraph 6 to 8 are added:
"(6) the health insurance company may waive recovery of all or part of the amount of the
reimbursement of the costs referred to in paragraph 1,
and enforcement) if the reimbursement of costs associated with special or
nepoměrnými, or
(b)) if it is likely that the costs of enforcement outweigh the proceeds.
The waiving of recovery of part or all of the amount of the reimbursement of the costs referred to in
paragraph 1 is not a legal right.
(7) in determining the amount of the refund of the costs, from which the recovery of the health
the undertaking referred to in paragraph 6 shall refrain, shall take into account health insurance
in particular, how the damage occurred, and to the personal circumstances and property
the person who caused the damage.
(8) for the purposes of the application of the right to reimbursement of the costs referred to in paragraph 1
they are not employees of the health insurance companies are obliged to maintain confidentiality
established by a special law, and it's about the facts decisive for
claim and against persons, against which or through which
the claim alleges. ".
42. Annex 1, point 41 shall be inserted after point 42, which reads as follows:
"42.403 Proton radiotherapy of performance will be paid only if the
made on the basis of the indications of a provider that has the status Center
highly specialized health care in the field of Oncology, awarded by
the law on health services. ".
The existing points 42 to 57 shall be renumbered as points 43 to 58.
43. In Appendix 1, point 72 repealed.
44. in annex No 3, section C, item 68, the words "and after the approval of the
the review by a physician "shall be deleted.
45. in annex 3, section C in item 91, the amount "Eur 5 800 ' is replaced by
the amount of "Eur 11 600".
46. in annex 3, section C in items 103 and 104 for the word "defect"
inserted the word "over".
47. in annex No 3, section C, item 149 for the word "ODA" is inserted
the word "ORT".
Article. (II)
Transitional provisions
1. The contract pursuant to § 17 paragraph. 1 and § 17 paragraph. 7 (b). (d)) of the Act No. 48/1997
Coll., as amended, effective from the date of entry into force of this Act, including the
changes and additions, which shows the amount of the payment of health insurance
the providers of health services under the health services employers
from public health insurance or the scope of these services, which are
effective on the date of entry into force of this law, shall be published by the health
the insurance company no later than 6 months from the date of entry into force of this
the law.
2. the contract referred to in § 17 paragraph. 1 and § 17 paragraph. 7 (b). (d)) of the Act No. 48/1997
Coll., as amended, effective from the date of entry into force of this Act, including the
changes and additions, which shows the amount of the payment of health insurance
the providers of health services under the health services employers
from public health insurance or the scope of these services, which have been
concluded prior to the date of entry into force of this law, and to take
efficiency after the date of entry into force of this law, shall be published by the health
the insurance company no later than 6 months from the date of entry into force of this
the law; This contract shall take effect on the date laid down in them.
3. Health insurance companies are required to disclose whether or not the contract pursuant to § 17
paragraph. 1 and § 17 paragraph. 7 (b). (d)) of the Act No. 48/1997 Coll., as amended effective
from the date of entry into force of this Act, including their amendments and additions, from the
which shows the amount of payment of health insurance providers
health services provided by the health services covered by the public
health insurance or the scope of these services, which were concluded in
2014 and 2015 and expired before the date of entry into force of this
of the Act, no later than 12 months from the date of entry into force of this Act.
4. the Institute of health information and statistics of the Czech Republic shall transmit to the
The Ministry of health for the first time the current data and methodologies in accordance with section 41a
paragraph. 1 of Act No. 48/1997 Coll., as amended by this Act, in the calendar
the year following the year in which this law came into effect.
5. Until such time as the Ministry of health for the first time will receive current information
and methodology in accordance with section 41a of paragraph 1. 1 of Act No. 48/1997 Coll., as amended by this
the law, the Ministry of Health publishes a list of groups
in acute care hospitalizations related to diagnosis, their
the relative cost, rules of admissions to these
groups, and the methodology for the reporting provided by the paid services in the acute
inpatient care, which is available on its Web site.
6. the general health insurance company in the Czech Republic and departmental, sectoral,
corporate and other health insurance companies follow the section paragraph 41a. 3
Act No. 48/1997 Coll., as amended by this Act, the date of the establishment of the
The national registry of paid services.
7. Contract and payment of covered services, including their amendments
and the amendments relating to the scope of covered services, concluded before the
date of entry into force of this Act, not later than 5 years from the date of
the entry into force of this law shall in accordance with section 17 paragraph. 1 of the law
No. 48/1997 Coll., as amended, effective from the date of entry into force of this
the law.
PART THE SECOND
Amendment of the Act on general health insurance company in the Czech Republic
Article. (III)
Law No. 551/1991 Coll., on the Czech General health insurance company
Republic, as amended by Act No. 592/1992 Coll., Act No. 10/1993 Coll.
Act No. 60/1995 Coll., Act No. 145/1996 Coll., Act No. 48/1997 Coll.,
Act No. 305/1997 Coll., Act No. 93/1998 Coll., Act No. 127/1998 Coll.
Law No. 69/2000 Coll., Act No. 132/2000 Coll., Act No. 220/2000 Coll.
Act No. 49/2002 Coll., Act No. 420/2003 Coll., Act No. 455/2003 Coll.
Law No 438/2004 Coll., the Act No. 117/2006 Coll., the Act No. 261/2007 Coll.
Act No. 296/2007 Coll., Act No. 362/2009 Coll., Act No. 188/2011 Sb.
Act No. 298/2011 Coll., Act No. 369/2011 Coll., Act No. 458/2011 Sb.
Act No. 60/2014 Coll., Act No. 109/2014 Coll. and Act No. 256/2014 Sb.
is amended as follows:
1. In section 2 (2). 3, after the words "insurance company", the words "shall not
to carry out the recruitment policy holders through third parties and ", the words", and
even if this recruitment is carried out through third parties, "
be deleted and the word "assurance undertaking" shall be inserted the words "or to its
to the insured or third parties in connection with the recruitment of policyholders ".
2. In article 7 (2). 2 the words "health care" shall be replaced by the words "health
services ".
3. In article 7 (2). 5, the words "European Community" shall be replaced by the words
"The European Union".
4. In article 7, the following paragraph 7 is added:
"(7) a fine imposed under this Act or a specific legal
the regulation is required to pay the Insurance from the funds of the operational fund. ".
5. In Section 7a, paragraph. 2 the words "legal effect" be replaced by "legal
the negotiations ".
6. section 11 including a footnote No 11:
"section 11
(1) an insurance undertaking is required to pass free of charge, the Ministry of health
on the basis of his claim, information from the information system referred to in section 24,
the Ministry of Health's requests as necessary for the performance of their
the scope of when
and payment mechanisms of formation) of the public health
insurance,
(b) monitoring of local and time) the availability of health services,
(c) maintaining and developing the system) the redistribution of the insurance, or
(d) economic efficiency) the monitoring of health services.
(2) an insurance undertaking is required to pass free of charge, the Ministry of Finance on the
the basis of its request, the information referred to in paragraph 1 (b). (c)), and (d)), which
The Ministry of finance will require as necessary for the exercise of their jurisdiction.
(3) an insurance undertaking is required to pass the Czech Statistical Office free of charge
on the basis of his claim, information from the information system referred to in section 24,
the Czech Statistical Office's requests as necessary for the performance of their
the scope of the ^ 11), in particular for the compilation of Medical account
of the Republic.
(4) the transmission of the information referred to in paragraphs 1 to 3 shall not affect the
the provisions of other legislation governing the protection of personal
of the data.
11) Law No. 89/1995 Coll., on State statistical service, as amended by
amended. ".
7. In section 15(2). 2 of the introductory part of the provisions, the words "appointed citizen
The Czech Republic, which "shall be replaced by the words" designated person ".
8. In section 15(2). 2 (a). and), the words "suitable legal capacity"
shall be replaced by the word "svéprávná".
9. In section 15(2). 2 the word "integrity" is replaced with "impeachable".
10. In section 15 paragraph 4 is added:
"(4) the Director of an insurance undertaking may not be the person who
and the employee or Manager) is a member of the authority, other health
the insurance undertaking,
(b)) is a distributor of medicinal products or medical devices,
or by the manufacturer of medicinal products or medical devices,
(c)) is a companion, a statutory body or a member of the authority, the legal
the person who is the distributor of medicines or medical
resources, or by the manufacturer of medicinal products or medical
resources,
(d)) is a provider with which an insurance undertaking has concluded the contract on the provision of
and payment of the paid services, and the provision of paid services is
the predominant activities of that person,
(e)) is a companion, a statutory body or a member of the authority, the legal
persons providing health services under the health services act,
with which an insurance undertaking has concluded the contract for the provision and payment of paid
services, and the provision of paid services is the prevailing activity of this
of the person,
(f)) is a companion, a statutory body or a member of the authority, the legal
the person who is the supplier of the goods or services of the Undertaking, or
(g)) as a natural person-entrepreneur delivers the goods or services
The insurance company. ".
11. In section 15, paragraph 4, the following paragraph 5 is added:
"(5) in the absence of the barriers referred to in paragraph 4 shall certify the person an honorary
the Declaration. In the Declaration the person is obliged to give true
the data to the original signature or its recognized
electronic signature and delivered to the insurance company no later than the day
preceding the date the beginning of the performance of the duties of the Director of the insurance undertaking, or
the person of the Director of the insurance company. ".
Paragraphs 5 to 7 shall be renumbered as paragraphs 6 to 8.
12. In section 15(2). 6, the words "by reason of a conflict of interest" shall be deleted.
13. In section 15(2). 7 (b). (c)) for the word "function", the words "or
on the day of making a notification in accordance with paragraph 6, that no longer fulfils the conditions of
for the performance of the functions of the Director of the insurance company, ".
14. In section 15(2). 7, subparagraph (c)) the following new subparagraph (d)), which read:
"(d)) on the date of the entry into force of the decision on committing the offence under section 23a
paragraph. 1 (a). and (b)),) or ".
Existing subparagraph (d)) to (f)) are referred to as the letters e) to (g)).
15. In section 15(2). 7 (b). e), the words ", which was deprived of the eligibility
legal incapacity or restricted legal capacity in the competence "
replaced by the words "of the restrictions, mom."
16. In section 15(2). 7 the letter g) is added:
"(g)), a declaration for the dead or the date of the Declaration for the
1976. ".
17.18, after paragraph 4, the following paragraph 5 is added:
"(5) an elected member of the authority of the insurance undertaking shall without undue delay
notify the insurance company, that there was any of the facts referred to in
paragraph 1, which prevents performance of the duties of a member of the authority of the insurance undertaking. In the case of
a member of the authority which has been appointed, shall be obliged to notify without
undue delay, notify the insurance company and the Government, who suggested his
the appointment. ".
Paragraphs 5 to 7 shall be renumbered as paragraphs 6 to 8.
18. In section 18 paragraph 6 is added:
"(6) the performance of the functions of a member of the authority of the Insurance ends
and the date of expiry of term of Office),
(b)), citing
(c)) date of receipt of written statement of resignation or the date of
make the notification referred to in paragraph 5 of the insurance undertaking,
(d)) to the date of judgment about the restrictions, mom,
(e)) to the date of judgment, to which he was sentenced for the crime of
the Act referred to in section 15, paragraph. 3,
(f)), a declaration for the dead or missing, the date of the Declaration
or
(g)) to the date of the decision about the offence under section 23a
paragraph. 1 (a). and) or (c)). ".
19. In article 18, the following paragraph 9 is added:
"(9) in the absence of the barriers referred to in paragraphs 1 and 3 shall certify the person an honorary
the Declaration. In the Declaration the person is obliged to give true
the data to the original signature or its recognized
electronic signature and delivered to the insurance company no later than the day
prior to the date of the beginning of the performance function, otherwise the person a member of the
the authority of the insurance undertaking shall cease. ".
20. In section 20 (2). 1 (a). (g)), the amount "Eur 5 0000 0000 ' shall be replaced by
"2 0000 0000 Czk.
21. In section 20 (2). 1 (a). (h)), the amount "Eur 5 0000 0000 ' shall be replaced by
"2 0000 0000 Czk.
22. In section 20 (2). 1, letter h) the following new subparagraph (i)), which
including footnotes, No 12:
"i) start typing podlimitních and excess/bulky public works contracts
service according to the law on public procurement ^ 12)
12) Act No. 137/2006 Coll., on public procurement, as amended
regulations. ".
Letters i) to) are referred to as the letters j to l)).
23. In section 20 (2). 5, the words "i) and (j))" shall be replaced by "j and k)").
24. As part of the fourth part five shall be inserted, which including the title:
"PART OF THE FIFTH
ADMINISTRATIVE OFFENCES
§ 23a
Misdemeanors
(1) a natural person has committed the offence by
and shall state in the formal declaration he produces) false information contrary to the
1. § 15 paragraph. 5, or
2. § 18 paragraph. 9,
(b)) as the Director of the insurance company in contravention of section 15(1). 6 the Board has not notified the
the Council, that there was some of the facts, which prevents the exercise of
the functions of the Director of the insurance undertaking, or
(c)) as an elected or appointed member of the Insurance Authority, in contravention of section 18
paragraph. 5 notifies the insurance company or the Government, who suggested his appointment,
that one of the facts, which prevents the exercise of the functions of the
a member of the authority of the insurance company.
(2) for the offence may be imposed a fine in
and 100 000 CZK), if the offence referred to in paragraph 1 (b). point 2) or
referred to in paragraph 1 (b). (c)),
(b) 500 000 CZK), if the offence referred to in paragraph 1 (b). and point 1) or
referred to in paragraph 1 (b). (b)).
Section 23b
Administrative offences of legal persons
(1) an insurance undertaking has committed misconduct by
and) recruitment in violation of section 2 (2). 3,
(b) does not submit to the Ministry of health) or the Ministry of finance
proposal for a health insurance plan, financial statements, annual report design
in the last calendar year or an auditor's report under section 6 (1). 3,
c) contrary to section 7 (2). 6 shall set up or operated by the provider, or
operates with funds arising from public health insurance,
(d)) does not give the Ministry of health or the Ministry of finance report on the
its management, pursuant to section 8 (2). 1, or
(e)) does not provide the Ministry of health, the Ministry of finance or
Czech Statistical Office, on request, information from the information
of the insurance undertaking in accordance with section 11.
(2) for the administrative offence is imposed in the
and 200 000 CZK), with respect to the administrative offence referred to in paragraph 1 (b). (d)),
(b)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)) or
(c)),
(c)) 2 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (e)),
d) 5 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and).
section 23 c
Common provisions in administrative deliktům
(1) the insurance company administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of the fine, the insurance undertaking shall take account of the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) the responsibility of the insurance undertaking for the administrative offence shall cease, if the administrative
authority about him has commenced proceedings to 1 year from the date on which it learned,
not later than 3 years from the day when it was committed.
(4) administrative offences under this Act shall discuss the Ministry of
health care.
(5) the Fines collected and enforced by the authority, which is saved.
(6) income from fines is the income of the State budget. "
The present part of the fifth and sixth are referred to as part of the sixth and seventh.
25. In section 24a, paragraph. 3, the words "in relation to the courts and prosecuting authorities in the
criminal proceedings "shall be deleted.
26. section 24b shall be deleted.
Article. (IV)
The transitional provisions of the
Moreover, if the persons who on the date of entry into force of this Act
they perform the function of the Director, or a member of the authority of the general health
the insurance companies of the Czech Republic, that they satisfy the requirements laid down for the
the performance of the Act No. 551/1991 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, the performance of their duties shall expire 6 months
from the date of entry into force of this Act.
PART THE THIRD
The amendment to the law on departmental, sectoral, Enterprise and other health
insurance companies
Article. In
Law No. 280/1992 Coll., on departmental, industry, corporate, and other
health insurance, as amended by Act No. 10/1993 Coll., Act No.
15/1993 Coll., Act No. 60/1995 Coll., Act No. 145/1996 Coll., Act No.
48/1997 Coll., Act No. 93/1998 Coll., Act No. 127/1998 Coll., Act No.
225/1999 Coll., Act No. 220/2000 Coll., Act No. 49/2002 Coll., Act No.
420/2003 Coll., Act No. 438/2004 Coll., the Act No. 117/2006 Coll., Act No.
267/2006 Coll., the Act No. 261/2007 Coll., Act No. 296/2007 Coll., Act No.
351/2009 Coll., Act No. 362/2009 Coll., Act No. 188/2011 Coll., Act No.
298/2011 Coll., Act No. 369/2011 Coll., Act No. 458/2011 Coll., Act No.
60/2014 Coll., Act No. 109/2014 Coll. and Act No. 256/2014 Sb, is amended
as follows:
1. In section 5 (3). 4, after the words "Employment Insurance", the words
"not to recruit through third persons and insured persons", words
"even if this recruitment is carried out through third parties,"
shall be deleted and the words "employment insurance undertaking" shall be inserted after the words
"or to the insured or third parties in connection with the recruitment of
policyholders ".
2. In section 6 (1). 3, the second sentence shall be replaced by the phrase "Merger
employee insurance companies approved by the Government on the basis of the representation of the
The Ministry of health and the Ministry of finance. "
3. In section 6 (1). 3, the third sentence shall be deleted.
4. In section 6 (1). 4, the last sentence shall be replaced by the phrase "granted to the returnable
the financial assistance will be used to cover the liabilities zrušované employee
the insurance company against the providers, the insured, or of the State. ".
5. In article 6, paragraph 4, the following paragraph 5 is added:
"(5) an employee of an insurance undertaking may request a merge just in case
If one of the insurance undertakings, in the long term at least 6 months to fulfil his
obligations towards insureds and providers, particularly in the range specified in the
the approved Health insurance plan for the year. Of non-compliance with the obligations
against the insured and the providers shall be decided by the Ministry of
health. ".
Paragraphs 5 to 7 shall be renumbered as paragraphs 6 to 8.
6. In section 7 (2). 3, the words "legal effect" be replaced by "legal
the negotiations ".
7. In section 9a, paragraph. 3 of the introductory part of the provisions, the words "appointed citizen
The Czech Republic, which "shall be replaced by the words" designated person ".
8. In section 9a, paragraph. 3 (b). and), the words "suitable legal capacity"
shall be replaced by the word "svéprávná".
9. In section 9a, paragraph. 3 (b). (b)), the word "integrity" is replaced by
"impeachable".
10. In paragraph 5 of section 9a is added:
"(5) the Director of employment insurance may not be the person who
and the employee or Manager) is a member of the authority, other health
the insurance undertaking,
(b)) is a distributor of medicinal products or medical devices,
or by the manufacturer of medicinal products or medical devices,
(c)) is a companion, a statutory body or a member of the authority, the legal
the person who is the distributor of medicines or medical
resources, or by the manufacturer of medicinal products or medical
resources,
(d)) is a provider with whom the employee's insurance company concluded the contract
on the provision and payment of paid services, and the provision of paid services
is the prevailing activity of the person,
(e)) is a companion, a statutory body or a member of the authority, the legal
persons providing health services under the health services act,
with which employment insurance company concluded a contract for the provision and payment of
covered services, and the provision of paid services is the prevailing
the activities of this person,
(f)) is a companion, a statutory body or a member of the authority, the legal
the person who is the supplier of goods or services, an insurance company employee,
or
(g)) as a natural person-entrepreneur delivers the goods or services
employee insurance. ".
11. Article 9a shall be inserted after paragraph 6 a new paragraph 7, which reads as follows:
"(7) in the absence of the barriers referred to in paragraphs 5 and 6 of the certified person Honorary
the Declaration. In the Declaration the person is obliged to give true
the data to the original signature or its recognized
electronic signature and deliver employee insurance company no later than the
the day before the date of the beginning of the performance of the duties of the Director employee
the insurance company, or the person of the Director of the employee insurance
lapses. ".
Paragraphs 7 to 9 shall be renumbered as paragraphs 8 to 10.
12. In section 9a, paragraph. 8 (a). (c)) for the word "function", the words "or
on the day of making a notification in accordance with paragraph 10, that no longer fulfils the conditions of
for the performance of the functions of the Director of employment insurance, ".
13. In section 9a, paragraph. 8 (a). (d)), the words ", which was deprived of the eligibility
legal incapacity or restricted legal capacity in the competence "
replaced by the words "of the restrictions, mom."
14. In section 9a, paragraph. 8 for the letter d) the following point (e)), which read:
"e) to the date of the decision about the offence under section 22
paragraph. 1 (a). and (b)),) or ".
Subparagraph (e)), and (f)) shall become letters (f)), and (g)).
15. In section 9a, paragraph. 8 the letter g) is added:
"(g)), a declaration for the dead or the date of the Declaration for the
1976. ".
16. In section 9a, paragraph. 10, the words "by reason of a conflict of interest" shall be deleted.
17. In section 10, paragraph 1. 2 (a). (d)), the amount "Eur 1 0000 0000 ' shall be replaced by
"2 0000 0000 Czk.
18. In section 10, paragraph 1. 2 (a). (e)), the amount "Eur 1 0000 0000 ' shall be replaced by
"2 0000 0000 Czk.
19. In section 10, paragraph 1. 2, letter e) the following new subparagraph (f)), which
including footnotes, no 24:
"(f)) start typing podlimitních and excess/bulky public works contracts
service according to the law on public procurement ^ 24),
24) Act No. 137/2006 Coll., on public procurement, as amended
regulations. ".
Letters f) to (i)) are referred to as the letters g) to (j)).
20. In section 10, paragraph 1. 4, the words "f) to (h))" shall be replaced by "g) to (i))".
21. In section 10, paragraph 1. 4 the second sentence, the word "i") is replaced with "(h))".
22. In section 10, paragraph 1. 4, after the second sentence, the following sentence "to the adoption of the decision
The Administrative Council referred to in paragraph 2 (a). I need the consent of two-thirds)
the majority of all the members of the Administrative Council of the employee insurance. ".
23. In section 10, paragraph 11:
"(11) a member of the authority of the employment insurance may not be the person who
and the employee or Manager) is a member of the authority, other health
the insurance undertaking; membership in the authority of other health insurance companies is not an obstacle
If a member is appointed by the Government,
(b)) is a distributor of medicinal products or medical devices,
or by the manufacturer of medicinal products or medical devices,
(c)) is a companion, a statutory body or a member of the authority, the legal
the person who is the distributor of medicines or medical
resources, or by the manufacturer of medicinal products or medical
resources,
(d)) is a provider with whom the employee's insurance company concluded the contract
on the provision and payment of paid services, and the provision of paid services
is the prevailing activity of the person,
(e)) is a companion, a statutory body or a member of the authority, the legal
persons providing health services under the health services act,
with which employment insurance company concluded a contract for the provision and payment of
covered services, and the provision of paid services is the prevailing
the activities of this person,
(f)) is a companion, a statutory body or a member of the authority, the legal
the person who is the supplier of goods or services, an insurance company employee,
or
(g)) as a natural person-entrepreneur delivers the goods or services
employee insurance. ".
24. In section 10, paragraph 11, insert a new paragraph 12, which read:
"(12) in the absence of the barriers referred to in paragraphs 7 and 11 of the certified person
affidavit. In the solemn declaration, the person is required to include
true data, to the original signature or its recognized
electronic signature and deliver employee insurance company no later than the
the day before the date of the beginning of the performance function, otherwise the person a member of the
authority of the employee insurance lapses. ".
Paragraphs 12 and 13 shall become paragraph 13 and 14.
25. In section 10, paragraph 1. 13 the words "upstanding citizen of the Czech Republic with permanent
residents on its territory, which reached "shall be replaced by the words" unblemished person
which has reached "and the second sentence shall be deleted.
26. In section 10, paragraph 13, the following paragraph 14 is added:
"(14) an elected member of the authority of the employment insurance is obliged without
undue delay, notify the employee insurance company, that there was a
some of the facts referred to in paragraph 11, which prevents the exercise of the
a member of the authority of the employment insurance. If it is a member of the authority,
who was appointed, is obliged to notify without undue delay
notify the employee and the insurance company, who suggested his Government
the appointment. ".
Paragraph 14 shall become paragraph 15.
27. In section 10, paragraph 15:
"(15) the performance of the functions of a member of the authority of the employment insurance ends
and the date of expiry of term of Office),
(b)), citing
(c)) date of receipt of written statement of resignation or the date of
make the notification provided for in paragraph 14 of the occupational insurance company,
(d)) on the day when he became a member of the, which is the body elected by employers and
employee insurance, policyholders had other medical
the insurance undertaking,
(e)) to the date of judgment about the restrictions, mom,
(f)) to the date of judgment, to which he was sentenced for the crime of
the Act referred to in § 9a, paragraph. 4,
(g)), a declaration for the dead or missing, the date of the Declaration
or
(h)) to the date of the decision about the offence under section 22
paragraph. 1 (a). and) or (c)). ".
28. under section 14 shall be added to § 14a, which including a footnote No 25
added:
"§ 14a
(1) Employment insurance company is required to pass the Ministry free of charge
health care on the basis of his claim, information from the information system
According to section 21, the Ministry of Health's requests as necessary to
the exercise of its competence in the
and payment mechanisms of formation) of the public health
insurance,
(b) monitoring of local and time) the availability of health services,
(c) maintaining and developing the system) the redistribution of the insurance, or
(d) economic efficiency) the monitoring of health services.
(2) Employment insurance company is required to pass the Ministry free of charge
Finance on the basis of its request, the information referred to in paragraph 1 (b). (c)) and
(d)), that the Ministry of Finance's requests as necessary for the performance of their
the scope of the.
(3) Employment insurance company is required to pass the free Czech
the Statistical Office on the basis of his claim, information from the information
system in accordance with section 21, the Czech Statistical Office's requests as
necessary for the exercise of its competence, in particular the 25 ^ ^) for the compilation of
Medical account of the Czech Republic.
(4) the transmission of the information referred to in paragraphs 1 to 3 shall not affect the
the provisions of other legislation governing the protection of personal
of the data.
25) Law No. 89/1995 Coll., on State statistical service, as amended by
amended. ".
29. In section 16. 4, the words "health care" shall be replaced by the words
"health services".
30. In article 16, the following paragraph 8 is added:
"(8) a fine imposed under this Act or a specific legal
the regulation is required to pay employment insurance funding
operational fund. ".
31. In section 19, paragraph. 2, the words "European Community" shall be replaced by the words
"The European Union".
32. In section 22, paragraph. 2 the words "in relation to the courts and prosecuting authorities in the
criminal proceedings "shall be deleted.
33. In section 22a shall be added to paragraph 6 to 9 shall be added:
"(6) the Fund shall be deleted without liquidation on 31 December. December 2015.
(7) the financial resources of the Fund, representing in particular posts
individual health insurance companies and their revenue Fund shall be divided into
each amount so that every health insurance company, which the Fund
contribute to, or assignee of such health insurance Associates
the amount, the amount of which shall be determined by multiplying the total amount of financial
resources of the Fund and the coefficient fixed as a percentage of the total amount
all of the annual contributions to the health insurance fund and the aggregate amount of
all of the annual contributions to the Fund all the health insurance companies. Fund
Converts the individual amounts determined in accordance with the first sentence of the accounts
health insurance companies or their successors in title to the day
preceding the date of the repeal of the Fund.
(8) no later than the day preceding the date of the repeal of the Fund shall establish Fund
the financial statements and all the accounting records and other documentation shall transmit to the
The Ministry of health.
(9) the Department of health shall submit a proposal for deletion of the Fund from the business
register within 15 days from the date of its cancellation. The term of Office of the Board
The pool ending on the date of cancellation Fund. ".
34. the fifth part of the will, including the title.
35. As part of the fifth part six shall be inserted, which including the title:
"PART OF THE SIXTH
ADMINISTRATIVE OFFENCES
§ 22
Misdemeanors
(1) a natural person has committed the offence by
and shall state in the formal declaration he produces) false information contrary to the
1. section 9a, paragraph. 7, or
2. section 10 (1). 12,
(b)) as the Director of employee insurance companies in contravention of section 9a, paragraph. 10
fails to notify the Board, that one of the facts that
prevents the performance of the duties of the Director of employment insurance, or
(c)) as an elected or appointed by the authority of the employment insurance
contrary to section 10, paragraph 1. 14 notifies the employee insurance or,
who the Government suggested his appointment, that one of the
the fact that prevents the exercise of the functions of a member of the authority of the employee
the insurance company.
(2) for the offence may be imposed a fine in
and 100 000 CZK), if the offence referred to in paragraph 1 (b). point 2) or
referred to in paragraph 1 (b). (c)),
(b) 500 000 CZK), if the offence referred to in paragraph 1 (b). and point 1) or
referred to in paragraph 1 (b). (b)).
§ 22e
Administrative offences of legal persons
(1) Employment insurance company commits misconduct by
and) recruiting policy holders in violation of § 5 (3). 4,
(b)) the absence of the Ministry of health or the Ministry of finance report on the
its management according to § 7 (2). 1,
(c)) does not provide the Ministry of health, the Ministry of finance or
Czech Statistical Office, on request, information from the information
the system of occupational insurance under section 14a
(d) the Ministry of health) do not submit or the Ministry of finance
proposal for a health insurance plan, financial statements, annual report design
in the last calendar year or an auditor's report under section 15(2). 2, or
e) contrary to § 19 paragraph. 3 shall set up or operated by the provider or
operates with funds arising from public health insurance.
(2) for the administrative offence is imposed in the
and 200 000 CZK), with respect to the administrative offence referred to in paragraph 1 (b). (b)),
(b)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (d)) or
(e)),
(c)) 2 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (c)),
d) 5 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and).
section 22f
Common provisions in administrative deliktům
(1) Employment Insurance administrative tort does not match, if the
It proves that made every effort, that it was possible to require that
violations of the legal obligations.
(2) in determining the acreage of the fine employee insurance undertaking shall take account of
the severity of the misconduct, in particular to the way a criminal offence and its
consequences and the circumstances under which it was committed.
(3) the liability of the employee of the undertaking for the administrative offence shall cease,
If the administrative authority has commenced proceedings about him up to 1 year from the date when the
aware of it, but not later than 3 years from the day when it was committed.
(4) administrative offences under this Act shall discuss the Ministry of
health care.
(5) the Fines collected and enforced by the authority, which is saved.
(6) income from fines is the income of the State budget. "
Part six shall be renumbered as part of the seventh.
36. Section 23a is hereby repealed.
Article. (VI)
The transitional provisions of the
Moreover, if the persons who on the date of entry into force of this Act
they perform the function of Director, or a member of the authority of the employment insurance,
they meet the requirements laid down for her performance Act No. 280/1992 Coll.,
in the version effective as from the date of entry into force of this law, the performance of their
the function ends with the expiry of 6 months from the date of entry into force of this Act.
PART THE FOURTH
The amendment to the law on health insurance premiums
Article. (VII)
In section 3, paragraph 3. 1 Act No. 592/1992 Coll., on the public health insurance
insurance, as amended by Act No. 161/1993 Coll., Act No. 320/1993 Coll.,
Act No. 42/1994 Coll., Act No. 241/1994 Coll., Act No. 264/2006 Coll.
Act No. 261/2007 Coll., Act No. 11/2013 Coll., legal measures
The Senate no 344/2013 Coll. and Act No. 267/2014 Sb., after the words "from the
dependent work, ", the words" with the exception of reimbursement
provided as a percentage of the wage base of State power and
some of the State authorities and the judges ^ 55). ".
Footnote No. 55:
"55) Law No 236/1995 Coll., as amended.".
PART THE FIFTH
The EFFECTIVENESS of the
Article. (VIII)
This Act shall take effect on the 15th day following that of its publication,
exception of the provisions of the article. I, points 12 and 19, which shall take effect on the date
January 1, 2016, and the provisions of the article. In paragraph 34, which shall take effect on the date of
1. February 2016.
in from Arvind at r..
Zeman in r.
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