Ordinance On Insurance Against Civil Liability Implementation

Original Language Title: Bekendtgørelse om forsikringspligtens gennemførelse

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Overview (table of contents)



Chapter 1



Introductory provisions





Chapter 2



Several liability





Chapter 3



Coverage of summer





Chapter 4



Period





Chapter 5



Registration and supervision





Chapter 6



Date of entry into force of



The full text of the Executive order on insurance against civil liability implementation

Under section 30, paragraph 3, 5 and 6, and section 31, paragraph 4, of the law on complaint and redress access within the health system, see. lovbekendtgørelse nr. 1113 of 7. November 2011, as amended by Act No. 1257 of 18. December 2012 and law No. 904 of 4. July 2013, fixed: Chapter 1 preliminary provisions § 1. The notice applies to insurance policies taken out by private hospitals, clinics and medical practices for coverage of claims pursuant to § 29 (1) (8). 7 and section 29, paragraph 2, 1. paragraph, of the law on complaint and redress access within the health service.

§ 2. By insurance liability for the purposes of this Ordinance the individual treatment facility or treatment centers gathered under a legal entity.

(2). By medical patient treatment, for the purposes of this Ordinance the treatment reserved for doctors or who incidentally performed by doctors, including through the use of an Assistant.

(3). By specialist medical practice, see. § 1 the purposes of this Ordinance, treatment centers, where one or more doctors mostly perform medical treatment in accordance with the agreement between the Association of medical specialists and Regional wages and tariffs, or who perform treatment corresponding to the services, as specified in the said Convention. Moreover specialist medical practice specializing in general medicine, as does not work after the agreement, see. health law § 227, paragraph 1, of the basic regulation. section 60, paragraph 1.

(4). At a private hospital or clinic, see. § 1 the purposes of this Ordinance, treatment centers, which performs medical treatment, and not covered by paragraph 3.

§ 3. An insurance company can choose to offer to draw or take over the insurance under the law to all treatment centers within the scope of article 2, paragraphs 3 and 4, for all treatment centers within the scope of § 2, paragraph 3, or to all treatment centers within the scope of article 2, paragraph 4.

(2). However, the insurance company is obligated to draw or take over the insurance for all insurance liability, which accepts the company's general acceptance policy, statutes or concession, within the selected category, see. (1).

§ 4. The insurance company must take out the insurance, so that all requirements under the law are covered by insurance, see. Act §§ 20-22.

(2). The insurer shall be liable directly to victims or their survivors to the injured party for all claims in accordance with the law.

Chapter 2 section 5 Liability. The region where the insurable, see. Article 29, paragraph 1, no. 7 and section 29, paragraph 2, 1. point, is domiciled or registered office shall pay compensation in cases where the insured has no insurable in accordance with article 30, paragraph 1.

(2). There is recourse to the insurance liable for amounts that the region has paid pursuant to paragraph 1 of the basic regulation. section 30, paragraph 5, no. 1 and 2.

§ 6. Insurance companies who have taken out insurance according to article 30, paragraph 1, shall be liable for compulsory insurance in accordance with the law on a pro rata basis in the alternative in solidarity after the information referred to in paragraph 3, provided for the allocation key for a total amount of up to EUR 10 million. DKr. in cases where the individual insurance's total liability exceed the subscribed insurance liability limit, see. section 30, paragraph 5, no. 3. However, the insurers ' total liability shall not exceed 20 million. DKK PR. year.

(2). There is recourse to the individual insurance liable for amounts that insurance companies have paid pursuant to paragraph 1.

(3). Insurance companies shall be liable for the expenditure referred to in paragraph 1, in relation to the individual insurance companies ' annual compensation payouts exclusive interest at the end of the year, where the claim is notified to the patient Insurance Association.

(4). The patient Insurance Association calculates the allocation key under paragraph 3.

(5). Insurance companies shall be liable for the expenditure referred to in paragraph 1, in relation to the categories of insurance payers, like insurance companies have traced, see. § 3, paragraph 1.

§ 7. Insurance companies who have taken out insurance according to the law, as well as the regions contribute jointly with half each to a pool of total 3 million. DKK to seizure for payment of patient injury compensation in situations where there is a dispute about the legal basis, after which the treatment which has caused the damage has been done, see. Article 29, paragraph 1, no. 6 and 7.

(2). Insurance companies ' share is allocated according to the § 6, paragraph 3 referred to the allocation key.

(3). When it is decided, according to what legal basis the treatment, which has caused the damage has been done, the seized amount and accrued interest returned to the pool of the liable.

(4). The pool is managed by the patient Insurance Association.

Chapter 3 Cover sums of money § 8. For the individual insurance coverage sum which is liable to a minimum of 20 million. DKK per year for damage caused in the insurance time.

(2). For the individual insurance payers, which has a circulation of the insurance activities of more than 100 million. € per year, however, the minimum coverage is the sum 40 m. DKK per year for damage caused in the insurance time.

(3). For sewer insurance pursuant to section 9, paragraph 3, applies to half of the coverage the sums referred to in paragraphs 1 and 2.

Chapter 4 Period § 9. The insurance covers damage caused within the insurance period and notified to the patient Insurance Association no later than 3 years after the termination of the insurance.

(2). By insurance shift covers the acquiring insurance damage caused before this insurance came into force, if notification to the patient Insurance Association occurs more than 3 years after the entry into force of this insurance. The acquiring insurance covers, however, no damage reported to the patient Insurance Association, more than 3 years after its termination without prejudice. 1. paragraph (3). The insurance must be liable before the cessation of insurable activities draw a drain cover for damage, which is notified to the patient Insurance Association after cessation of those activities, and insurable before obsolescence occurs, see. section 59. The insurance company, where the insurance is in force upon termination, is obliged to offer insurance for the drain cover.

Chapter 5 Registration and supervision section 10. The insurable in accordance with § 29 (1) (8). 7 and section 29, paragraph 2, 1. paragraph, must register its insurance coverage in accordance with section 30, paragraph 1, of the health protection agency.

(2). By the National Board of Health's surveillance in accordance with § 215a, paragraphs 3 and 4, in health law and section 71, paragraph 5, of the law on approval of health professionals and health professional activity is the insurable in accordance with § 29 (1) (8). 7 and section 29, paragraph 2, 1. paragraph, be required to produce documentation that there is a valid insurance in accordance with article 30, paragraph 1. Documentation may consist in an applicable insurance policy.

(3). Insurance companies who have taken out insurance according to the law, section 30, paragraph 1, shall inform the National Board of health, the patient Insurance Association and the region in which the insurable, see. Article 29, paragraph 1, no. 7 and section 29, paragraph 2, 1. point, is domiciled or registered place of business of the expiry of the insurance coverage.

(4). Violation of section 30 (1) of the Act are punishable by fines.

Chapter 6 coming into force of section 11. The notice shall enter into force on the 1. September 2013 and applies to damage caused after the 1. September 2013.

(2). At the same time repealed Executive Order No. 403 of 17. April 2013 on insurance against civil liability implementation.

The Ministry of health and prevention, 28. August 2013 Astrid Krag/Mie Saabye