149/1996 Coll.
LAW
of 25 June 2002. April 1996,
amending and supplementing Act of the Czech National Council No. 550/1991 Coll., on the
General health insurance, as amended, the law
The Czech National Council No. 586/1992 Coll., on premiums for general health
insurance, as amended, the law of the Czech National Council No.
551/1991 Coll., on General health insurance company in the Czech Republic
as amended, and the law of the Czech National Council No. 280/1992 Coll.,
about departmental, industry, corporate, and other health
insurance undertakings, as amended
Change: 48/1997 Coll.
Parliament has passed the following Act of the United States:
Article. (I)
cancelled
Article II
The Czech National Council Act No. 592/1992 Coll., on premiums for General
health insurance, as amended by Act of the Czech National Council No. 10/1993 Coll.
the Czech National Council 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., shall be amended and supplemented as follows:
1. In article 3, paragraph 3. 7, the words "exceeding 77% of the minimum wage" is replaced by
the words "exceeding the amount, which is the assessment base for the person
the State pays the premiums (section 3 c).
2. In § 3a paragraph 2. 3 the words "77% of the minimum wage" shall be replaced by
"of the amount, which is the assessment base of a person he is liable for
State insurance (section 3 c).
3. In § 3a paragraph 2. 4, the last sentence shall be added after the word "receive" words
"after deduction of the costs incurred in securing and sustaining achievement
income ".
4. In section 3 c of the "65" is replaced by the figure "80".
5. In paragraph 12 of the present text shall become paragraph 1 and connects
a new paragraph 2 is added:
"(2) in the case of seasonal fluctuations in payments for provided health
the care of the Minister of finance is authorised during the financial year to provide
repayable financial assistance payable in that year and change the frequency and
the amount of payments to the General State of health insurance within
of the financial year on the basis of the request, the administrator of the special account. The request of the
will be assessed according to the development of revenue and expenditure in the State budget.
Adjustment of payments under this authorisation shall not affect the amount budgeted
in an approved the State budget for the payment of State pursuant to section 3 c of this
of the law. ".
6. In section 20 (2). 1 the second sentence after the word "insurance", the words "and
other income of the special account "and the words" laid down by the
the specific rules ".
7. in section 20 (2). 4 the words "are deleted, the method of calculation of the amount of the
one insured person according to the coefficient of the age structure ".
8. in section 21 para. 3, after the words "for which the payer" the following shall be added and
following these words including notes # 40): "the penalties, fines and other
transactions which are based on this Act or on the basis of specific
the laws of ^ 40) income of the special account,
40) for example. § 13 para. 8 of Act No. 550/1991 Coll., section 6a of paragraph 1. 5, § 23a
paragraph. 3 of law No. 280/1992 Coll., article. (IV) Law No. 60/1995 Coll.
amending and supplementing Act No. 553/1991 Coll. on General
health insurance company in the Czech Republic, as subsequently amended,
Law No. 280/1992 Coll., on departmental, industry, corporate, and
other health insurance companies, as amended, the law
No. 20/1966 Coll., on the health care of the people, as amended, and
Law No. 187/1991 Coll., on insurance, as amended
regulations. ".
9. in section 21 para. 4 in the second sentence the word "Finance" is replaced by
"health care"; in the second sentence, the following sentence shall be inserted:
"The finance charge is the income of the special account.".
10. in section 21 para. 5 in the second sentence the word "Finance" is replaced by
"health care" and at the end of this sentence is attached:
"The finance charge is the income of the special account.".
11. in paragraph 2 of article 23. 1 at the end of this sentence connects:
"The violation of the obligation of secrecy is not mutual provision of information
between tax administrators, health and social insurance, which are
necessary for the effective control of taxpayers. ".
Article. (III)
The Czech National Council Act No. 553/1991 Coll. on general health
the insurance company of the Czech Republic, as amended by the Act of the Czech National Council.
593/1992 Coll., Act of the Czech National Council No. 10/1993 Coll. and Act No.
60/1995 Coll., shall be amended and supplemented as follows:
1. section 5 (b). (d)):
"(d) the cost of the insurance company) pursuant to section 2 para. 1, in addition to the cost of
referred to in (a)), b) and (c)); the maximum amount of such costs and
the maximum amount of expenditure on acquisition of tangible and intangible fixed
the assets of the Ministry of Finance shall lay down the law ".
2. In article 6 (1). 5, the word "Finance" is replaced by the word "health" and
the word "health" with the word "Finance".
3. In article 7 (2). 1 (b). (b)), the words "to complement the basic Fund
health insurance "are replaced by the words" to cover the deficits of the basic
Fund and to cover health care ". At the end of the comma is replaced by a dot and the
the following sentence is added:
"Unless the case referred to in the preceding sentence, the insurance undertaking is required to
maintain a reserve fund at the amount ".
4. In Section 7a of the paragraph. 1 the first sentence the words "Ministry of finance"
replaced by the words "in coordination with the Ministry of health
The Ministry of finance ".
5. In Section 7a of the paragraph. 4, the word "Finance" is replaced by the word "health" and
the word "health" with the word "Finance".
6. In Section 7a of the paragraph. 5, the word "Finance" is replaced by the word "health".
7. § 8 para. 1 reads as follows:
"(1) an insurance undertaking shall be obliged to always within 60 days after the end of the calendar
quarter submit a Ministry of health report of its management.
The method of administration of the information and their range provides for the Ministry of
health measures published in the statute book. In the case of
finding a balance of imbalance is required to submit this at the same time
the Ministry of the draft measures. The Ministry of health in consultation with the
The Ministry of Finance shall submit a draft of the measures to the Government. The Ministry of
Health informs the public on the management of the insurance undertaking
through the media. ".
8. in section 18 para. 1 the second sentence reads as follows:
"A member of the authority of the insurance undertaking or the insurance undertaking and the head of the District authority
Analyst, headquarters, or a senior executive lower organizational
units or their representative shall not be a citizen who is in
employment or similar relationship to the entity with which it has concluded
Insurance contract for the payment of health care, or who is the owner of
or a shareholder of the operator or a statutory or
the authority of the medical device with which it has concluded a contract of Insurance
payment of health care. ".
9. § 18 para. 4 is added:
"(4) the term of a member of the authority of the insurance undertaking or the authority of the district
insurance companies shall be four years. ".
10. In § 24 para. 2, in the last sentence, the word "this" is replaced by
"special" and after the word "law" is attached the link to the comment # 8).
11. in section 24a of para. 1, the first sentence after the words "authorities of the insurance company"
the words "or the district insurance company" and in the second sentence, after the word
"Insurance company", the words "or the district insurance company".
12. in section 24a of para. 3 at the end of this sentence connects:
"Such offences is not how insurance companies in relation to the courts and authorities
law enforcement in the claims of the insurance undertaking
resulting from the law. ".
13. in section 24b of paragraph 1. 1 the word "Finance" is replaced by
"health care".
14. in section 24b of paragraph 1. 2 the words "the competent Ministry ' shall be replaced by
"Ministry of health".
15. in section 24b of paragraph 1. 3, the word "Ministry" is replaced by
"Ministry of health" and the words "that it
imposed ".
Article IV
The Czech National Council Act No. 280/1992 Coll., on departmental, disciplinary,
corporate and other health insurance companies, as amended by the law of the Czech
the National Council No. 10/1993 Coll., Act of the Czech National Council No. 15/1993 Coll. and
Act No. 60/1995 Coll., shall be amended and supplemented as follows:
1. In article 3, paragraph 3. 1 the words "establishing the occupational insurance" are replaced by
the words "the implementation of universal health insurance".
2. In section 4, paragraph 4. 2 (a). (g)), the word "liquidation" is replaced by "cancellation
employee insurance company ".
3. In section 4, paragraph 4. 4 in the third sentence, the word "Finance" is replaced by
"health care" and the word "health" with the word "Finance".
4. In section 4A(1). 1 and 3, the words "establishing the occupational insurance company"
replaced by the words "the implementation of all-a general health insurance".
5. paragraph 6 is added:
"section 6
Demise and the cancellation of employee insurance
(1) Employment insurance company shall cease on the date of the cancellation from the commercial
the register. The proposal for deletion serves the company health insurance fund or
the liquidator. The demise of the employee precedes the cancellation without insurance
winding-up or liquidation.
(2) No employee insurance company liquidation shall be repealed;
and the merger with the General) health insurance company of the United States, or
(b)) merger or mergers with other employment by the insurance company.
(3) Merge with the general health insurance company of the United States shall notify the
zrušovaná employment insurance company immediately to the Ministry of
the health sector. Merging or amalgamation of employee insurance
requires a permit. This permit is issued by the Ministry of health after
representation of the Ministry of finance. Applications for authorisation shall be made new
health insurance plan. Employee of an insurance undertaking are required to demonstrate
they will meet the conditions required for the grant of authorisation to carry out
comprehensive health insurance, with the exception of the conditions under Section 4a.
(4) when you merge passes all assets, liabilities, and claims on
General health insurance company in the Czech Republic or the employee
the insurance company with which the zrušovaná employment insurance company merges. To
General health insurance company in the Czech Republic or to the employee
the insurance company with which it merges insurance company employee, zrušovaná
also all insured persons are switching zrušované employee
the insurance company. General health insurance company in the Czech Republic, or
employee insurance, employee insurance company zrušovaná
merges may be granted returnable financial assistance from the State
the budget, for a maximum amount of assumed liabilities. Request for return
bailout presents the general health insurance company of the United
Republic or the employment insurance Office Ministry of health. About
supply of returnable financial assistance and its amount shall be decided by the Government on the
proposal submitted by the Minister of health, after consultation with the Minister
finances. Provided repayable financial assistance will mainly be used to
payment of liabilities insurance against medical zrušované employee
device. When the merger passes all assets, liabilities and receivables
the new employment insurance company, which was founded as the merger; all
to the insured employee insurance companies are switching to the repealed newly
incurred by the employee insurance.
(5) notice of the merger or amalgamation are obliged to employee
the insurance company shall immediately pass to the central register of insured persons served
General health insurance company of the United States. At the same time with the announcement
are required to pass a central register of insured persons whether or not authorization referred to in
paragraph 3, if it were to be merged or merging needed.
(6) Employment insurance company liquidation shall be deleted if:
and it was the Ministry of health) withdrawn authorization to perform
comprehensive health insurance, or
(b) employment insurance) the Department of health asks.
(7) the Ministry of health may withdraw the authorisation referred to in paragraph 6
(a). and) if:
and) the measures imposed by the Ministry of health to correct the deficiencies in the
management, in particular as regards the eligibility of the employee payment
insurance company to fulfill its purpose and this purpose could not be satisfied, or
the introduction of the Administration, or
(b)) Administration to fulfill its purpose, or
(c) the Government has repeatedly approved disability) insurance plan or repeatedly
approve the annual report of employee insurance, or
(d) If an employee insurance company) a serious breach of the legal
regulations, or
(e) the employee has not fulfilled the undertaking) the obligations pursuant to § 4 paragraph 2. 2
(a). (c)), d) and (f)). ".
6. in paragraph 6, the following paragraph 6a is inserted:
"§ 6a
Disposal of employee insurance
(1) the entry of employee insurance companies into liquidation is written on a proposal from
The Ministry of health in the commercial register. For disposal
It is used for the name of the employee insurance company stipulated "in liquidation".
(2) the date of registration in the commercial register acts on behalf of an employee
insurance companies in liquidation the liquidator or liquidators, appointed by the
The Ministry of health. The liquidator shall, not later than
the next working day to announce the date of the entry into employment insurance
liquidation of the central register of insured persons and inform the public of the date
entry into liquidation through the media. The liquidator
is also required to build on the date when the employee insurance to
liquidation liquidation balance sheet and an overview of the assets of the employee
insurance companies and pass this information to the Ministry of health.
(3) the liquidator performs only tasks that lead to the disposal of
employee insurance. In the performance of this scope performs particularly
payment for health care provided by the medical establishment, where appropriate,
other entities that provide health care to the insured destroyed
health insurance companies. For payment of health care is entitled to use the
the basic resources of the Fund, the reserve fund or other
Special purpose funds set up by the employment insurance fund.
(4) if the liquidator finds over-indebtedness employee insurance,
shall without undue delay for the Declaration of bankruptcy.
(5) the date of completion of the liquidation, the liquidator shall draw up the financial statements and
submit it to the Ministry of health for approval along with the final
a report on the progress of the liquidation. At the same time propose to convert the remaining
the basic resources of the Fund and the Reserve Fund of the special account
General health insurance company in the Czech Republic to the reallocation.
The liquidator shall submit a proposal to further transfer the asset balance, if
from the disposal of such balance resulted, the applicant for authorization pursuant to section 3,
who has paid the costs associated with the establishment of employee insurance,
or his successor in title; the balance of the securities may be transferred only
to the amount of resources that the applicant manifestly in employee
the insurance company. If there is no applicant for an authorisation pursuant to § 3 or his legal
or where the applicant or successor in title has not been transferred the entire
asset balance, suggests converting the securities balance or
the remaining parts of the asset balance in the special account of the General
health insurance companies in the Czech Republic to the reallocation. After the approval of the
the financial statements, the final report and the proposal to transfer funds
The Ministry of health the liquidator performs this conversion.
(6) within 30 days after the end of the liquidation of the insurance undertaking shall submit to the occupational
the liquidator of rejstříkovému Court for cancellation of the employee insurance
from the commercial register.
(7) the Remuneration of the liquidator determines the Ministry of health. ".
7. section 7 (1). 1 reads as follows:
"(1) the control of the activities of the employee insurance carries out Ministry
health care in conjunction with the Ministry of finance. Employment
for this purpose, the insurance company is obliged to always within 30 days after the end of
calendar quarter to Ministry report of its
management. The method of administration of the information and their range provides
The Ministry of health to those published in the statute book.
The Ministry of health shall inform the public about economy
employee insurance companies through the media.
If it finds serious flaws in Ministry of health activities
employee insurance, in particular, the imbalance in the economic management
employee insurance (in particular as regards its payment
capacity) or the non-fulfillment of the reserve fund or non-compliance with this
law or other legislation on the universal health insurance or
failure to comply with the approved health insurance plan, is entitled under the
the nature of the observed lack of
and) require that an insurance undertaking within a specified period employee jumped into the
remedy or
(b)) Administration for a period of not more than one year. ".
8. In article 7 (2). 4 in the first sentence the word "Finance" is replaced by
"health care" and the word "health" with the word "Finance"; in the first sentence
the following sentence shall be inserted:
"No later than the next working day after the introduction of receivership administrator
This fact is a central register of insured persons and inform the
the public of the date on which the Administration has been introduced, through
media. ".
9. In paragraph 7 (2). 5, the word "Finance" is replaced by the word "health".
10. In paragraph 7 (2). 6, the words "in accordance with § 6 para. 1 (b). (b)) "shall be replaced by
"according to § 6 paragraph 1. 7. "
11. in section 10, paragraph 1. 1 at the end of this sentence connects:
"The consent of the majority of the representatives of the State to force must always be
the decision of the authorities of the insurance undertakings of the employee:
and change the value of the point), or
(b) establishment of special purpose funds), or
(c) approval of the policy the contracting policy), or
d type) approval of contracts and payment of health care, or
an employee of the insurance company) claims credit, or
(f)) or purchasing real estate
(g) purchase of fixed assets) at a purchase price higher than 1 000 000
CZK, or
(h) the undersigned), or
I) using resources of the reserve fund to cover the deficit of the basic
Fund. ".
12. § 13 para. 1 (b). (d)):
"(d)) the cost of the occupational insurance under section 8, in addition to
the costs referred to in (a)), b) and (c)); the maximum amount of such
the cost and the maximum level of expenditure for the acquisition of tangible and intangible
property investment provides for the Ministry of finance law; ".
13. Article 15, paragraph 2. 2 the first sentence reads as follows:
"Employment insurance company is required to the deadlines set out in the
The Ministry of health to those published in the statute book
to submit this proposal to the Ministry of health insurance plan on the
the following calendar year, the financial statements and the annual report for the past
the calendar year and the auditor's report; ^ 12) health insurance plan, accounting
accounts and the annual report shall submit to the Ministry of health after
consultation with the Ministry of Finance of the Government of the United States. ".
14. Article 15, paragraph 2. 3 read as follows:
"(3) the Health insurance plan, financial statements and the annual report approved
the Government. In approving health insurance plan shall be assessed, in particular,
the system of contracted medical facilities employee insurance from
in terms of the availability of health care for the insured person and on balance
revenue and expenditure for employee insurance. The Government has the right to apply to the
health insurance plan. In this case, you may
employment insurance company within 60 days from the date of application of the reservations submit
the new proposal. If the Government does not approve the annual report, or repeatedly proposal
a disability insurance plan, the Ministry of health shall decide on
cancellation of health insurance pursuant to section 6 (1). 6 (a). and by the time).
the approval of the health insurance plan they farm employment insurance company
by design, the health insurance plan. The Government shall submit to the Chamber of Deputies
a report on the approved health insurance plans and the annual
reports of employee insurance. ".
15. in section 18 para. 1 sentence of the fourth, fifth and sixth are added:
"The reserve fund is used to cover the deficits of the underlying fund and to cover the
health care in cases of occurrence of mass disease and natural
disasters; the amount of the reserve fund may in this case fall below
the minimum amount. Unless the cases referred to in the previous sentence, you
employment insurance company required to maintain a reserve fund within the prescribed
the amount of. Employment insurance is required to populate the reserve into three
years from the date of obtaining the authorization to perform comprehensive health
insurance. ".
16. in Section 23a para. 1 in the first sentence the word "Finance" is replaced by
"health care".
17. in Section 23a para. 2 the words "the competent Ministry ' shall be replaced by
"Ministry of health".
Article. In
Departmental, industry, corporate, and other health insurance companies established or
According to present legislation-based is considered to be a health
insurance companies that are authorised to carry out comprehensive health
insurance according to the law of the Czech National Council No. 280/1992 Coll., on the
departmental, industry, corporate, and other health insurance companies,
in the text of the article. IV of this Act.
Čl.VI
Health insurance plans, financial statements, and annual reports of health
insurance companies submitted before the effective date of this Act shall discuss
under this Act.
Article. (VII)
Departmental, industry, corporate, and other health insurance companies that perform
universal health insurance, the effective date of this Act are
required to fill a reserve fund within the time limit set in accordance with the existing
regulations.
Article. (VIII)
This Act shall take effect on 1 January 2000. July 1996.
Uhde in r.
Havel, v. r.
Klaus r.
