351/2009 Sb.



LAW



of 11 December 1997. September 2009,



amending Act No. 280/1992 Coll., on departmental, disciplinary,

corporate and other health insurance companies, as amended

the laws of the



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 280/1992 Coll., on departmental, industry, corporate, and other

health insurance undertakings, 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. 125/1998 Coll., Act No.

225/1999 Coll., Act No. 220/2000 Coll., Act No. 48/2002 Coll., Act No.

420/2003 Coll., Act No. 435/2004 Coll., Act No. 115/2006 Coll., Act No.

267/2006 Coll., Act No. 261/2007 Coll. and Act No. 296/2007 Coll., is amended

as follows:



1. in article 4, paragraph 1 reads:



"(1) an applicant for authorisation under section 3 may be and perform general

health insurance can legal person established on the territory of the United

Republic, which is not



and) medical facilities,



(b)), the owner or co-owner of the founder of the medical

the device,



(c)) is owned by a legal entity that is the founder, owner, or

co-owner of medical equipment. ".



2. In section 4, paragraph 4. 2 (a). (f)), the number "50 000" is replaced by "100

000 ".



3. In section 4A(1). the numeral "1" is replaced by "50 000 000 100 000

000 ".



4. In section 6 paragraph 2 reads as follows:



"(2) No employee insurance company liquidation shall be repealed;



and the merger with the General) health insurance company of the United States, or



(b)) by merging with another employee insurance company. ".



5. In article 6, paragraph 2, the following paragraph 3 is added:



"(3) the employee insurance companies Merge with another employee

an insurance company referred to in paragraph 2 is only possible in the case that an employee

the insurance company did not reach the number of insured persons in accordance with article 4, paragraph 2. 2 (a). (f))

or receivership has been introduced in accordance with § 7 paragraph 1. 1 (b).

(b) the merger is deleted.) the employment insurance office that required

the number of policyholders has not reached or that have been introduced compulsory

Administration. ".



Paragraphs 3 to 7 shall become paragraphs 4 to 8.



6. In paragraph 6 of paragraph 4 is added:



"(4) merged with General health insurance company of the United States

zrušovaná employment insurance company shall immediately notify the Ministry of

the health sector. Merge employee insurance requires a permit,

issued by the Ministry of health of the Ministry of

Finance, provided that the



and employee insurance) showing that they will comply with the conditions

required for the grant of authorisation to carry out comprehensive health

insurance, with the exception of the conditions under Section 4a,



(b)) shall submit a draft new insurance plan and



(c) the acquiring insurance undertaking in employment) as a result of the merge fails of

the conditions for the introduction of the forced administration pursuant to § 7 para. 1. ".



7. In paragraph 6 of paragraph 4, the following paragraph 5 is added:



"(5) in the case of merger with the insurance company as an employee and is deleted

more than 200 000 insured persons, the authorisation referred to in paragraph 4

The Department of health after the positive opinion of the Government. ".



Paragraphs 5 to 8 shall be renumbered 6 to 9.



8. In section 6 (1). 6, the last sentence shall be deleted.



9. in section 6 (1). 7, the words "or merger ' shall be deleted and the words" paragraph 3 "

replaced by the words "paragraphs 4 or 5".



10. In section 6 (1). 9, the words "paragraph 6" shall be replaced by "paragraph 8."



11. in section 7 (2). 1, the words "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, "shall be deleted.



12. in section 7, paragraph 1, the following paragraph 2, including the

footnote 4:



"(2) the Employment Insurance Office has serious shortcomings in the activities referred to in

paragraph 1, in particular, if



and stopped payment of a substantial part) of its cash obligations ^ 4), or



(b)) is in default with the fulfilment of their obligations after the due date for

longer than 3 months ^ 4), or



(c)) is not possible to achieve satisfying some of the payable cash

the claims against the employee insurance enforcement or

execution ^ 4), or



(d) fails to comply with the approved health insurance) plan.



4) § 3 (1). 2 Act No. 182/2006 Coll., on bankruptcy and how to fix it

(insolvency law). ".



Paragraphs 2 to 6 shall become paragraphs 3 to 7.



13. in section 7 (2). 7, the words "§ 6 para. 7 "shall be replaced by the words" § 6 para. 9. "



14. in paragraph 5 of section 9a is added:



"(5) the Director of employee insurance companies cannot, because of a conflict of

interests to pursue a person who



and is a Director and a member of) of the management board or the supervisory board other

an employee of the insurance undertaking,



(b)) is a statutory body, the Supervisory Board, partner

the person who is the supplier of goods or services, an insurance company employee,

or is an employee, or similar legal relationship to the legal

person,



(c)) as a natural person operating supplies goods or services employee

the insurance undertaking, or



(d)) is in the position of parties close to the persons referred to in (a)) to

c).“.



15. in section 9a is inserted after paragraph 5 a new paragraph 6 is added:



"(6) the Director of employee insurance cannot exercise a person

in the last 5 years has pursued a Director, Member of the Board

the Council or the Member of the Supervisory Board of another defunct employee insurance. ".



Paragraphs 6 and 7 are renumbered as paragraphs 7 and 8.



16. in section 10, paragraph 1. 7 at the end of the following sentence, "a member of the Board of directors or

The Supervisory Board also cannot become a person who, in the last 5 years

carried out the function of the Director, a member of the management board or a member of the Supervisory Board

other defunct employee insurance. ".



17. in § 22a para. 2 the words "§ 6 para. 6 "shall be replaced by the words" § 6 para.

8. "



Article. (II)



Transitional provisions



1. Departmental, industry, corporate, and other health insurance companies set up by the

or established under the existing legislation are required to meet the

the conditions set out in section 4, paragraph 4. 1 Act No. 280/1992 Coll., as amended by

This Act, not later than 1 year from the effective date of this Act.



2. Departmental, departmental, corporate and other health insurance that

it reaches up to 1 year since the founding of at least 100 000 insured persons, is

required to achieve this number of insured persons not later than 2 years from the effective date

the effectiveness of this Act.



3. For applications for authorisation submitted before the effective date of this Act, as well as

for deposit composite in connection with those requests, the former shall apply

the legislation.



Article. (III)



The effectiveness of the



This Act shall take effect on the first day of the calendar month

following the date of its publication.



Vaidya in the r.



Klaus r.



Fischer v. r.