176/2002 Sb.



LAW



of 9 June. April 2002,



amending Act No. 48/1997 Coll., on public health insurance, and

amending and supplementing certain related laws, as amended

regulations, and Act No. 592/1992 Coll., on premiums for general health

insurance, as amended



Parliament has passed the following Act of the United States:



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

certain related laws, as amended by Act No. 242/1997

Coll., Act No. 2/1998 Coll., Act No. 125/1998 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., Constitutional Court No. 167/2000 Coll.

Act No. 220/2000 Coll., Act No. 258/2000 Coll. and Act No. 458/2000

Coll., is amended as follows:



1. in paragraph 5 (c)):



"(c)) has a permanent residence in the Czech Republic, but is not listed under the

previous letters and not the premium payer State for him, if

above, the last for an entire calendar month. ".



2. In section 8 paragraph 1. 4, in the first sentence, the words "or if in a foreign country

provides health care without direct remuneration on the basis of international

the treaties "shall be deleted and in the fourth sentence, the part of the sentence after the semicolon is deleted and

the semicolon shall be replaced by a period.



3. In § 53 para. 1 at the end of the first sentence, is replaced by a comma and dot

addition of the words "unless otherwise provided by this Act.".



4. In article 53, paragraph 3 reads:



"(3) in the performance of the functions of a member of the arbitration body may be granted

the reward, which is decided by the Board of health insurance companies. ".



5. Section 53 the following new section 53a is added:



"§ 53a



(1) the health insurance fund may remove the hardness of which would

occurred when prescribing penalties, the amount of which does not exceed 20 000 CZK to date

delivery hardness removal requests.



(2) the arbitration body may remove the hardness that would arise in the

the imposition of fines, assessment surcharges to premiums or prescription of penalties,

the amount of which exceeds the 20 000 CZK.



(3) the removal of hardness in accordance with paragraph 1 or 2, you cannot decide

If



and insurance premiums) the payer not pay health insurance contributions payable

to the date of issue of the decision on immunity, increases to the premiums or

finance charge memo



(b) the premium payer) has filed for bankruptcy,



(c)) the payer of insurance entered into liquidation.



(4) for a waiver of premiums, fines, surcharges or penalties shall be decided

at the written request of the payer of the insurance or other authorized persons

(hereinafter referred to as "the applicant"). An application may be made to the acquisition of legal power

the decision, which was fine, levied a surcharge to premiums

or the prescribed penalty; If new facts have emerged that

through no fault of the applicant could not apply to the time of the acquisition of the legal

the power of this decision may be lodged within three years of legal

the power of this decision.



(5) The procedure for the remission of fines, surcharges, premiums or periodic penalty payments

not covered by the General rules of administrative procedure 47)

removal of hardness is the final decision. "



6. in section 53a shall be added to § 53b is inserted:



"§ 53b



The delivery of a public decree



(1) the health insurance fund shall apply in proceedings pursuant to § 53 para. 1 delivery

a public decree in the case where it is not known residence or registered office of the

party to the proceedings, or in the event that the party does not stay on

the place of his residence, registered office or the address for service of that insurance company

He said.



(2) service of a public decree makes health insurance so that

be posted at the headquarters for a period of fifteen days in place of the usual way

notification of location of documents with its precise indication; notification

also be posted at the headquarters of the locally applicable organizational unit

health insurance companies that document served. The last day of the period

in the first sentence is considered a day of service. ".



7. the footnote. ^ 48):



"48) Act No. 363/1999 Coll., on insurance and amending certain

related acts (the Insurance Act), as amended

regulations. ".



8. In paragraph 54, the following paragraphs 3 to 5, including the footnotes

# 49) are added:



"(3) the implementation of a health insurance contract referred to in paragraph 1 shall be governed by the

special law. 48) in matters of legal forms of health insurance,

alignment and the composition of its bodies, the participation in the property rights to the

health insurance company and matters of administration of health

insurance companies, health insurance legal relations governed by the provisions

the special laws governing the legal status of health

insurance agencies. 43), 44)



(4) for the purposes of the implementation of a health insurance contract referred to in paragraph

1 creating a separate fund contract health insurance company health

insurance; the amount and method of creation of this Fund shall be subject to the provisions of

a special law on the capital of an insurance undertaking. ^ 49)



(5) the resources obtained through the implementation of a health insurance contract is

health insurance company obliged to keep separate from the funds resulting from the

public health insurance.



49) section 9 of Act No. 363/1999 Coll. ".



Article II



Transitional provision



Request insurance payers about immunity, increases to the premiums

or finance charge, filed an arbitration authority before the entry into force of this

law and arbitration authority pending the entry into force of this Act

the undecided are assessed under this Act.



PART TWO



Amendment of the Act on general health insurance



Article. (III)



Act No. 592/1992 Coll., on premiums for general health insurance, in

amended by Act No. 10/1993 Coll., Act No. 15/1993 Coll., Act No. 166/1993

Coll., Act No. 333/1993 Coll., Act No. 42/1994 Coll., Act No. 241/1994

Coll., Act No. 58/1995 Coll., Act No. 145/1996 Coll., Act No. 48/1997

Coll., Act No. 125/1998 Coll., Act No. 29/2000 Coll., Act No. 118/2000

Coll., Act No. 258/2000 Coll., Act No. 492/2000 Coll., Act No. 137/2001

Coll. and Act No. 48/2002 Coll., is amended as follows:



1. section 3b is inserted:



"§ 3b of the



Assessment base with the person throughout the calendar month does not have

income from employment, self-employment, and not for her

the payer of the insurance State, 37) (hereinafter referred to as "the person without taxable income")

is the minimum wage. ".



2. in article 15, paragraph 2. 3, in the second sentence the word "promptly" be deleted.



3. In article 18, paragraph 4, the following paragraph 5 is added:



"(5) the health insurance fund if not prescribed penalty, if the person proves that the

payment on behalf of the health insurance companies, but under the

incorrect variable symbol. ".



The present paragraph 5 shall become paragraph 6.



4. under section 26 c shall be added to section 26 d, which including the title reads as follows:



"section 26 d



Service of documents



(1) the facts relevant to the fulfilment of the obligations of the payer of the insurance

Announces health insurance premium payers generally delivery

official documents via mail or their license holder

employees.



(2) the facts with which this Act brings together the legal consequences to the detriment

the payer of the insurance, and the fact which lays down health

insurance company, insurance payers announce the delivery of official documents

into their own hands.



(3) if the addressee of the document Was to be delivered by

the hands, having been reached, although it is at the point of delivery, save the one who

the document has been served in a locally relevant establishment document holder

the postal licence or for locally relevant business unit medical

insurance companies, for which the document is to be served, and the appropriate addressee

way to inform. Pick up the message to the addressee within 15 days

from the store, the last day of the period for the day of service, even if

the addressee of the deposit.



(4) if the addressee refuses to accept the document for no reason, is delivered on the date

its adoption was denied; It must be the one who delivers the shipment,

the addressee's attention.



(5) the Documents specified by legal persons shall be notified to the workers

authorized for such persons to receive the document. If not, be served on the

the document, which is designed into their own hands, a person who is entitled to a

legal person Act, other documents of any of its

workers who adopt the document. As he progresses, if appointed

addressee of the document holder's postal licence the person to receive

of shipments.



(6) if the health insurance company I know residence or seat of the payer

premiums or delay if the payer of insurance at the place of your stay

or of the registered office, or at the address for service, which announced the health

the insurance undertaking, the document is delivered by public decree. The delivery of public

the decree makes health insurance so that they be posted for fifteen

days at the place of the usual manner of notification about where the documents with

its precise marking. The notice shall also be posted at the headquarters of locally

the relevant organizational units of health insurance companies serving

delivers. Last day of the period referred to in the first sentence shall be deemed the day

delivery. ".




5. In section 27 para. 1, the first sentence of the following sentence shall be inserted:



"The registry under the first sentence contains the following information about the insured individuals: the birth

number, or other social security number, name, surname, or native

last name, address, date of creation and extinction of the insurance relationship in

competent health insurance company; for insured persons, for which the payer

insurance premiums, State, time period, in which the State pays the premiums,

identification of the Group of insured persons, the date of check-out is from the health

insurance and log on to health insurance in the Czech Republic

According to a special legal regulation, ^ 27 d) unless otherwise provided by this law

otherwise. ".



Footnote # 27 d) is added:



"§ 8 paragraph 27 d). 4 of Act No. 48/1997 Coll., on public health

insurance and amending certain related laws, as amended by Act No.

176/2002 Coll. ".



PART THREE



The EFFECTIVENESS of the



Article IV



1. this Act becomes effective on January 1. July 2002, with the exception of article. (I)

point 8, which shall take effect on the date of publication.



2. The provisions of article. I, point 8 of this Act shall expire on the date of entry

the Treaty of accession of the Czech Republic to the European Union enters into force.



Klaus r.



Havel, v. r.



Zeman in r.