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Law No. 145 Of 24 July 1997 Health Insurance

Original Language Title:  LEGEA nr. 145 din 24 iulie 1997 asigurărilor sociale de sănătate

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LEGE no. 145 145 of 24 July 1997 health insurance ((updated until 26 October 2000 *)
ISSUER PARLIAMENT




-------------- * *) Updated by October 26, 2000, with changes made by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 ; EMERGENCY ORDINANCE no. 72 72 of 30 December 1998 , REJECTED by LAW no. 419 419 of 18 July 2001 ; ORDINANCE no. 73 73 of 27 August 1999 ,, REPEALED ORDINANCE no. 7 7 of 19 July 2001 ; EMERGENCY ORDINANCE no. 155 155 of 19 October 1999 and EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 . The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) Social health insurance is the main system for protecting the health of the population. (2) Social health insurance is mandatory and works decentralized, based on the principle of solidarity and subsidiarity in the collection and use of funds, as well as the right of free choice by the insured of the doctor, the health unit and the health insurance company. (3) Other forms of health insurance covering individual risks, in different special situations, may also work. Private health insurance companies can also be organized. These insurance are not mandatory. + Article 2 (1) The establishment of health insurance funds is made from the contribution of insured persons, from the contribution of natural and legal persons who hire employees, from subsidies from the state budget, as well as from other sources. (2) The administration of the health insurance fund is made through the National Health Insurance House and through the county health insurance houses and the city of Bucharest. (3) The National Health Insurance House shall endorse the draft normative acts that have the incidence on the establishment and use of health insurance funds, according to this law. ------------- Alin. ((3) of art. 2 2 was introduced by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 3 (1) Insurance and their family members shall be entitled to medical services, in a non-discriminatory manner, under the law. (2) Insurance is required to participate in prophylactic actions organized by health insurance companies and to comply with prescribed medical treatments. + Chapter 2 Insurance + Section 1 Insured persons + Article 4 (1) The following categories of persons shall be subject to insurance, according to this law: a) Romanian citizens residing in the country; b) foreign citizens and stateless persons residing in Romania. (2) Insurance will pay a monthly contribution for health insurance. + Article 5 The quality of insured proves with the health insurance card for health. + Article 6 The following categories of persons benefit from health insurance, without payment of the contribution: a) children and young people up to the age of 26, if they are students, students or apprentices and if they do not realize income from work; b) persons with disabilities who do not realize income from work or are in the care of the family; c) husband, wife, parents and grandparents, without their own income, dependent on an insured person; d) persons whose rights are established by Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons by the established dictatorship with effect from 6 March 1945, as well as those deported abroad and constituted in prisoners, by Law no. 44/1994 on war veterans, as well as some rights of war-widows and widows, as well as the persons provided for in art. 2 2 of Law no. 42/1990 for the honor of the heroes-martyrs and the granting of rights to their descendants, to the injured, as well as to the fighters for the victory of the Revolution of December 1989, if they make no income other than those from the money these laws, as well as those derived from pensions. ---------------- Lit. d) a art. 6 was amended by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998; amended by art. 1 EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Section 2 Persons exempted from compulsory health insurance + Article 7 Health insurance is optional for the following categories of persons: a) members of diplomatic missions accredited in Romania; b) foreign nationals who are temporarily in the country. + Section 3 Quality of insured + Article 8 (1) The quality of insurance of employees shall be acquired from the day of conclusion of the employee's individual employment contract and shall be kept for the duration of the employee. The obligation to pay the contribution for health insurance returns to the one who employs employees. (2) Persons who are not employed acquire the quality of insured from the day on which the contribution was paid and keep it under the law. + Article 9 It has the quality of insured, without payment of the contribution for health insurance, the person in one of the following situations, during it: a) satisfy the military service within; b) is on sick leave, on leave for pregnancy and lauzia or on sick leave for the care of the sick child aged up to 6 years; c) execute a custodial sentence or pre-trial detention; d) is part of a family that benefits from social assistance, according to Law no. 67/1995 on social assistance. + Article 10 (1) The quality of insurance and insurance rights shall cease with the loss of citizenship and/or the right of residence in the country. (2) In case of term non-payment, according to the law, of the contributions due to the health insurance fund National Health Insurance House, through the county health insurance companies, respectively of the city of Bucharest, as well as The House of Health Insurance, Public Order, National Safety and the Judicial Authority and the Health Insurance House proceed to the application of enforcement measures to collect the due amounts. the health insurance budget and the late increases, according to the procedure established by Government Ordinance no. 11/1996 on the execution of budgetary claims approved by Law no. 108/1996 ,, as amended, the provisions of which shall apply accordingly. ------------- Alin. ((2) of art. 10 10 has been amended by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Chapter 3 Rights of insured + Article 11 (1) Insurance is entitled to medical services, medicines and sanitary materials. (2) The rights provided in par. (1) are established on the basis of the framework contract developed by the National Health Insurance House and the Romanian College of Physicians until November 30 of the current year, with the opinion of the Ministry of Health and ministries with own sanitary networks, and which are approved by Government decision, under the conditions of this law. In case of non-completion of the elaboration of the framework contract until November 30, the Minister of Health elaborates and submits for approval to the Government (3) The framework contract mainly regulates the conditions for the provision of health care, as regards: a) the list of medical services, medicines and other services for insured persons; b) quality and service efficiency parameters; c) criteria and payment of medical services; d) the level of the costs, the manner of settlement and the necessary documents e) primary care; f) admission and discharge of patients; g) necessity and duration of hospitalization; h) providing hospital treatment with care or recovery measures; i) general conditions for granting, by the hospital, outpatient treatment; j) prescription of medicines, sanitary materials, therapeutic procedures, prostheses and orthotics, walking and self-service devices; k) conditions and payment of dental technique services; l) proper information of the sick. ------------- Alin. ((2) of art. 11 11 has been amended by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 12 (1) Insurance shall have the right to medical care, in case of illness or accident, from the first day of illness or from the date of the accident until healing, under the conditions established by this law. (2) Medical care provided to insured persons is carried out through medical services, as follows: a) preventive health care and health promotion services, including for the early detection of diseases; b) outpatient medical services; c) hospital medical services; d) dental care services; e) emergency medical services; f) complementary medical services for rehabilitation; g) pre-, intra-and postnatal healthcare; h) medical care at home; i) medicines, sanitary materials, prosthetics and orthosis. + Article 13 The companions of sick children up to 3 years of age benefit from the payment of hotel services on the part of the health insurance house, if, according to the criteria established by common agreement by this and the Romanian College of Physicians, the doctor considers their presence necessary for a fixed period. + Article 14 (1) In medical services, borne by the health insurance company, shall not be included: a) health services provided in case of professional risk: occupational diseases and accidents at work; b) some high performance medical services; c) some dental care services; d) curative healthcare at work; e) hotel services with high degree of comfort. (2) The services provided in par. ((1) lit. a)-c) and e) shall be established by the framework contract. + Article 15 (1) Insurance have the right to choose their family doctor to provide them with primary medical services. (2) If the option is for a family doctor from another locality, the insured will bear the transport expenses. (3) The insured will be able to change the chosen family doctor after the expiry of at least 3 months from the date of his registration with the doctor. + Section 1.1 Medical services to prevent illness and preserve health, as well as early detection of the disease + Article 16 (1) In order to prevent illness and preserve health, the insured will be permanently informed on the means of preserving health, reducing and avoiding causes of illness. (2) In case of professional noxes or increased risk of injury, health insurance companies have the obligation to notify the authorities responsible for labor protection. (3) The health insurance houses collaborate with the specialized committees of the Romanian College of Physicians, with experienced doctors, health facilities and non-governmental organizations, for the preparation and realization of health funded from the state budget, from the health insurance budget, as well as from other sources. + Article 17 Preventive dental medical services shall be borne by the health insurance companies, as follows: a) unlimited, for children up to the age of 18, individually or through the formation of prophylaxis groups either in kindergarten or at the respective pre-university educational institutions; b) for young people aged 18 to 26, if they are students, apprentices or students and if they do not make income from work, twice a year; c) for adults, once a year. ------------- Lit. a) and b) of art. 17 17 have been modified by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 18 Medical services for the prevention and early detection of diseases that could affect the physical or mental development of children are borne by health insurance companies. + Article 19 (1) Insurance over the age of 30 are entitled to a control every year, for the prevention of diseases with major consequences in morbidity and mortality. These conditions are stated in the framework contract. ((2) Insurance that carried out periodic preventive medical checks, established by the Romanian College of Physicians together with health insurance companies, benefits from discounts or exemptions from the payment of personal contributions, provided in the framework contract. + Section 1.2 Medical services in case of illness + Article 20 (1) Insurance shall have the right to medical services to cure the disease, to prevent its complications, to recover or at least to relieve the patient's suffering, as the case may be. (2) Medical treatment shall be applied by doctors and other accredited health personnel. + Article 21 (1) Insurance have the right to ambulatory specialized medical assistance, at the indication of the family doctor, in compliance with the free choice of the accredited specialist doctor. Specialist medical care is provided by medical specialists. Ambulatory medical services include: diagnosis, medical treatment, medical care, recovery, medicines and sanitary materials. (2) Insurance receive specialized medical assistance in accredited hospitals, if outpatient or home treatment is not effective. (3) Hospital treatment is granted by full or partial hospitalization, which includes: consultations, investigations, diagnosis, medical treatment and/or surgical treatment, care, medicines and sanitary materials, accommodation and meals. (4) The provision of hospital care lies with the hospital, according to the contract concluded by him with the health insurance company. + Article 22 Dental medical services are granted by the doctor in the dental office and the buco-maxilo-facial service. + Article 23 Dental treatments shall be borne by the health insurance company 40% to 60%, taking into account the need to comply with the prophylactic controls imposed by the dental service. These treatments, in the case of children up to 18 years of age, will be supported by the health insurance house based on the criteria set out in the framework contract. ------------- Article 23 has been amended by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Section 1.3 Medicinal products, sanitary materials, prosthetics and other therapeutic means + Article 24 (1) The list of medicinal products in the Nomenclature of medicinal products covered by medical prescription, with or without personal contribution, shall be drawn up annually by the Ministry of Health and the National Health Insurance House, with the opinion of the Romanian College of Physicians and the Romanian College of Pharmacists, based on the framework contract. (2) Insurance shall be entitled to sanitary materials for the correction of sight, hearing, limb prosthesis and other specialty materials for this purpose, on the basis of medical prescriptions, with or without personal contribution, under the conditions provided in the framework contract. (3) Insurance benefits from physiotherapeutic treatment, massages, medical gymnastics and the like, based on medical prescriptions, with or without personal contribution, under the conditions provided in the contract for the supply of medical services. + Article 25 (1) Insurance aged over 18 years shall bear: a) the cost of drugs that are given in mild respiratory tract infections, calming, purgative, antiemetic; b) the cost of medical services and sanitary materials granted in case of aesthetic corrections; c) the cost of sanitary materials necessary for the correction of hearing and sight: batteries for hearing aids, eyeglasses. (2) The costs of medicinal products, sanitary materials and therapeutic means to be borne by the insured will be determined by the framework contract. + Article 26 The settlement of the value of medicines to health insurance companies will be based on the reference prices of medicines in the Nomenclature of medicines in force on the date of purchase of the drug. + Section 1.4 Health rehabilitation services + Article 27 (1) The insured shall be entitled to the recovery nurse in a special unit for a period and after a rhythm determined by the attending physician in the rehabilitation program. (2) The personal contribution for recovery care shall be determined by the framework contract. + Section 1.5 Medical treatment at home + Article 28 Insured persons have the right to receive medical assistance at home and care from an average health setting, if necessary and indicated by the doctor. + Section 1.6 Other special services + Article 29 (1) Health insurance houses take over transport expenses, if they are necessary for the realization of a medical service for the insured. (2) Insurance shall be entitled to health transport in the following situations: a) medical emergencies; b) the cases provided in the framework contract. + Article 30 Insured persons have the right to help in housekeeping during the period of illness or disability, if they cannot take care and do not have legal supporters to help them; the duration in hours, per day, is established individually by the health insurance house. + Section 2 Quality assurance of medical services + Article 31 The quality assurance of medical services is achieved by the acceptance by the health insurance companies only: a) medical and dental services recognized by the National Health Insurance House and the Romanian College of Physicians, according to the law; b) doctors, nurses and other accredited staff; c) an information system corresponding to the provision of a primary record on diagnosis and applied therapy; d) compliance with the criteria for assessing the quality of medical and dental care, developed by the Romanian College of Physicians, according to the law. + Article 32 (1) The criteria regarding the quality of medical assistance that are granted to insured persons shall be developed by the specialized committees of the Romanian College of Physicians and by the National Health Insurance House and refer to: a) medical treatment; b) dental treatment; c) actions to detect diseases early; d) effective medical recovery procedures; e) prescription of medicines, sanitary materials, prosthetics, transport of patients; f) the issuance of medical certificates and reports necessary both to the health insurance companies for the performance of the tasks and to the insured persons in order to benefit from the disease aid; g) measures to restore the fertility of a couple; h) establishment and operation of health facilities and their corresponding equipment. (2) These criteria are mandatory for doctors and health personnel. + Article 33 In order to comply with the quality criteria of the medical services provided to the insured, the health insurance companies organize the control of the medical activity together with the specialized committees of the Romanian College of Physicians. The control is based on the criteria provided in art. 31 31 and 32. + Section 3 Common actions for health + Article 34 The Ministry of Health designs, implements and coordinates public health programs, in order to achieve health objectives, with the participation of all institutions with responsibility in the field of state health policy. The objectives are established in collaboration with the National Health Insurance House, with the Romanian College of Physicians, with representatives of hospitals and university clinics, research units, non-governmental organizations, unions, as well as representatives of the population. + Section 4 Duties of the Romanian College of Physicians in the field of health insurance + Article 35 The Romanian College of Physicians has, in the field of health insurance, the following obligations: a) ensuring the development and delivery of basic medical services provided for in this Law; b) the guarantee, compared to the health insurance companies, that the medical services comply with the quality and stability parameters according to the present law; c) the pursuit of effective implementation of emergency medical assistance; d) ensuring the need for medical assistance from a quantitative and qualitative point of view in territorial plan; e) participation in the development of hospital building and endowment plans with high medical performance equipment. + Section 5-a Accreditation of medical staff + Article 36 (1) Only accredited doctors and health personnel can be admitted to work in the health insurance system, according to the law. (2) By accreditation, for the purposes of this law, it is understood the right granted to doctors and health personnel provided in par. (1), as well as pharmacies to enter into contractual relationship with health insurance companies by the accreditation parity commissions, established according to art. 38 38, respectively art. 9 of Government Ordinance no. 56/1998 on the establishment, organization and functioning of the House of Health Insurance, Public Order, National Safety and the Judicial Authority, and art. 18 of Government Emergency Ordinance no. 41/1998 on the organization of the medical and psychological assistance activity of transport personnel with duties in the safety of traffic and navigation and the establishment of the House of Health Insurance of Transport. --------- Alin. ((2) of art. 36 36 was introduced by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 37 ((1) The contract between the health insurance company and the doctor shall cease in the following situations: a) if the doctor does not start the activity no later than 3 months or interrupts the activity, for reasons attributable, for a period of more than 3 months; b) by unilateral denunciation of the contract by the doctor; c) if it contravenes the provisions of the health insurance house; d) if the doctor gives up the membership of the Romanian College of Physicians; e) if the medical office is moved from the operating territory. ((2) The letters in connection with the conclusion, execution, modification and termination of the contract between the health insurance company and the doctor or those related to the interpretation of the terms of the contract will be resolved by the parties, amicably. The unsettled disputes amicably are within the jurisdiction of the courts, according to the law. The term of referral of the competent courts is 3 months from the date of non-realisation of the agreement of the will of the parties to the contract on the claims that are the subject -------------- Alin. ((2) of art. 37 37 has been amended by art. 1 of EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 38 The accreditation commissions of the medical staff are organized, at national and county level, by the Romanian College of Physicians and by the health insurance company, in the parity component. + Article 39 The regulation on the functioning of the accreditation commissions of the medical staff within the health insurance system is elaborated by the National Health Insurance House and the Romanian College of Physicians, within 3 months of at the entry into force of this Law. + Chapter 4 Relations of health insurance companies with healthcare providers, equipment and medicines + Article 40 Health care providers, according to this law, are doctors and health personnel, medical offices, diagnostic and treatment centers, hospitals and other health facilities that are in contractual relationships with health insurance companies. + Article 41 (1) Relations between health care providers and the health insurance company shall be established and carried out on a contractual basis. (2) The health insurance company organizes an insurance system for the civil liability of doctors and other categories of medical personnel. (3) Providing medical services is based on the stability of the insurance contribution. + Article 42 Primary and specialized outpatient care is provided by physicians, health personnel, practices for individual practice, dispensaries for group practice, health centers, polyclinics, diagnostic and treatment centers and by medical professionals. hospital outpatient services. + Article 43 Health insurance companies conclude with medical service providers annual contracts for the provision of services and for their payment, aiming to achieve financial balance. The conclusion of the contracts shall take into account the economic and quality of the services offered and the interest shown by the insured. + Article 44 (1) The health insurance houses shall enter into annual contracts with the healthcare providers, on the basis of the framework contract. (2) The provisions of the framework contract are released, in order to inform insured persons and healthcare providers. (3) Medical service providers may negotiate additional clauses with the health insurance company, within the limits of the conditions laid down in the framework contract. (4) The contracts for the provision of medical services also include the specific obligations of health care providers related to the good management of funds from the health insurance budget, as well as clauses to regulate the conditions financing the medical service providers until the contract is finalised, for the period following the contract covered. --------------- Alin. ((4) of art. 44 44 was introduced by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 45 The methods of payment of healthcare providers by health insurance companies shall be established by the framework contract and may be: a) in primary and specialized care, by tariff per person insured and by tariff on medical service, as the case may be; b) in medical assistance from hospitals and other units with stationary, by tariff per person admitted, by tariff per day of hospitalization, by tariff on medical service and by negotiated tariffs for certain benefits. + Article 46 ((1) Hospitals shall be built, as a rule, by local or central authorities, on the basis of a long-term program, carried out for years, which is approved by law. (2) High performance devices shall be purchased by hospitals and diagnostic and treatment centers, based on the approval of a central commission composed of representatives of the National Health Insurance House, of the Romanian College of Physicians and of Ministry of Health, within the limits of the allocated budget -------------- Alin. ((1) of art. 46 46 has been amended by art. 1 of EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 47 (1) Sanitary materials, prosthetics and orthotics may be provided only by natural or legal persons accredited by health insurance companies. The National Health Insurance House and the Romanian College of Physicians develop annually nominal lists of these materials, which are published in the Official Gazette of Romania. (2) The mode of supply and payment conditions shall be established by direct contracts concluded between the health insurance companies and the respective suppliers. + Article 48 (1) In the relationships of health insurance companies with drug suppliers, the obligation of pharmacists is to release the drug at the lowest price, if the doctor indicates only the name of the active substance, as well as to show the possibility of replacement of the prescribed drug. (2) Accredited pharmacies are obliged, under the sanction of revocation of accreditation, to have permanently in stock current, at the disposal of insured persons, medicines at the level of the reference price, established by the joint order of the Minister of Health and of President of the National Health Insurance House. -------------- Alin. ((2) of art. 48 48 has been amended by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 49 The provision of health care, care at the home of the patient and the aid in housekeeping shall be contracted by health insurance companies with specialized units or with individuals. The health insurance house can collaborate with charitable and self-help organizations. + Article 50 Emergency medical assistance and other types of medical transport are granted by county ambulance services and Bucharest municipality, and the payment of these services is ensured on the basis of the contract ending between ambulance services and the county health insurance houses and the city of Bucharest. + Chapter 5 Financing of healthcare + Section 1 Establishment of health insurance funds + Article 51 The fund of the National Health Insurance House and the funds of the county health insurance houses and the city of Bucharest are formed from: a) contributions of natural and legal persons, in equal parts; b) subsidies from the state budget and local budgets; c) other income. + Article 52 (1) The insured person has the obligation to pay a monthly monetary contribution for health insurance, except for the persons referred to in art. 6 6 and 55. (2) The amount of the monthly monetary contribution of the insured person shall be determined, as of January 1, 1999, in the form of a quota of 7%, which shall apply as follows: a) on gross salary income, in the case of insured persons who have the status of employee; in the category of gross salary income are also included allowances due, according to the law, for child care until the age of 2, as well as the allowances granted, under the law, to the personnel working in the defence production sector, during the interruption of the activity; b) on taxable income, in the case of insured persons working on the basis of civil convention; c) on the taxable income of the freelances; d) on the annual agricultural income, established according to the income norms provided for in the Government decision, for individuals who do not have the status of employee and who do not fall under the provisions of lett. c); e) on pension rights, supplementary pension, unemployment benefits, professional integration aid and support allowance; as of 1 January 1999 these rights shall be increased by the amount corresponding to the increase of the contribution from 4% to 7%. ((3) Abrogat. ----------------- Alin. ((2) art. 52 was amended by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. Alin. ((3) of par. ((2) art. 52 was repealed by ORDINANCE no. 73 73 of 27 August 1999 published in MONITORUL OFFICIAL no. 419 419 of 31 August 1999, REPEALED by ORDINANCE no. 7 7 of 19 July 2001 . + Article 53 (1) Legal or natural persons who hire employees are obliged to retain and to turn to the health insurance company the health contribution due to ensure the health of the personnel in the respective unit; they have the obligation to notify the health insurance house any change that takes place in the income level. (2) The natural and legal persons who hire the employed staff have the obligation to pay the contribution for health insurance of 7%, relative to the salary fund. + Article 54 (1) For pensioners, beneficiaries of unemployment benefits and support allowance, as well as for persons working on a civil convention basis, the contribution for health insurance shall be withheld, with the payment of entitlements money on which it is calculated, by those who make the payment of these rights. The contribution for health insurance shall be transferred to the health insurance company to which the person concerned is aronded. (2) Persons who are not employed and do not fall within the provisions of par. (1), but have the obligation to ensure their health according to the provisions of this law, will communicate, directly to the health insurance house in whose territorial area they operate, taxable income, in order to establish the contribution of 7% for health insurance, according to the law. + Article 55 (1) They are insured by the effect of this law, with exemption from the payment of the contribution for health insurance by them, persons who: a) satisfy the military service in the term; b) is on sick leave, on leave for pregnancy and lehusion or on sick leave for the care of the sick child up to 6 years of age; c) execute a custodial sentence or pre-trial detention; d) are part of a family that benefits from social assistance, according to Law no. 67/1995 on social assistance. (2) Contribution for health insurance due to persons referred to in par. ((1) shall be as follows: a) by the state budget, for the persons referred to in par. ((1) lit. a), c) and d); b) by the state social insurance budget, for the persons referred to in par. ((1) lit. b). ((3) Contributions for persons referred to in par. ((1) shall be determined by applying the rate of 7% on the amount representing the value of two gross minimum wages per country. ------------- Lit. b) a par. ((1) art. 55 was amended by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 56 (1) Employers and insured persons who have the obligation to pay the contribution for health insurance, according to the provisions of this law, and who do not comply with the increases for the period of delay, equal to the corresponding increases for delay in paying taxes. (2) If the debt is not paid within one month from the due date, the health insurance company shall make the provision of forced collection. + Article 57 The state budget shall bear the following expenditure a) for investments related to the construction of health facilities and for high performance medical equipment; b) for the activity of diagnosis, curative and rehabilitation of national importance, for the recovery of work capacity. + Article 58 The insured bears some additional payments on the cost of the drugs provided and some medical services corresponding to regulations established by the National Health Insurance House, according to the criteria set out in the insurance contract of health. + Section 2 Use of health insurance funds + Article 59 (1) Health insurance funds collected by the county health insurance companies, the city of Bucharest, the House of Health Insurance, Public Order, National Safety and the Court of Justice and the House of Health Insurance of Transport shall be used for: a) payment of medical services, medicines, sanitary materials, prostheses and orthotics; b) management, operation and capital expenditure, in the share of maximum 5% of the total amounts collected; c) a share of up to 25% of the total amounts collected, which shall be transferred to the account of the National Health Insurance House, established annually by this. (2) The projects of revenue and expenditure budgets of the county health insurance houses, of the city of Bucharest, as well as those of the House of Health Insurance, Public Order, National Safety and the Judicial Authority and The Health Insurance House of Transport is finalized by the National Health Insurance House, on their proposal, and is approved under the law. -------------- Article 59 has been amended by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000 and was introduced in Section 2 of the head. 5. + Article 60 (1) Amounts constituted, transferred according to art. 59 lit. c) in the account of the National Health Insurance House, shall be used for: a) the own reserve fund at the rate of 5%; b) management, operation and capital expenditure at a maximum rate of 5%; c) redistribution fund to support the budgets of the county health insurance houses, the city of Bucharest, the House of Health Insurance, Public Order, National Safety and the Judicial Authority and the Insurance House of Health of Transport, with financial imbalances, which is calculated according to demographic data, morbidity and complexity of medical services. ((2) The criteria on the basis of which the amounts related to the redistribution fund referred to in par. ((1) lit. c) shall be established by order of the President of the National Health Insurance House and shall be published in the Official Gazette of Romania, Part I. " ---------------- Lit. b) and c) art. 60 were amended by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. Article 60 has been amended by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 61 The funds remaining at the end of the year shall be carried over to the following year, with the destination 60. + Chapter 6 Organization of health insurance companies + Article 62 (1) The National Health Insurance House is an autonomous public institution of national interest, with legal personality, without profit, having as main object of activity ensuring the uniform and coordinated operation of the system of health insurance in Romania. (2) The county health insurance houses, respectively of the city of Bucharest, are autonomous public institutions of local interest, with legal personality, without profit, which autonomously manages and manages the insurance fund social health, in compliance with the norms developed by the National Health Insurance House, ensuring the functioning of the health insurance system at local level. (3) The health insurance houses provided in par. (2) shall be organized and operated according to the own statutes developed and approved in compliance with the provisions of this Law and the Statute of the National Health Insurance House. (4) The House of Health Insurance, Public Order, National Safety and the Judicial Authority and the Health Insurance House shall be organized and operated on the basis of the provisions of this Law, normative acts the establishment and the approved statutes. ----------------- Article 62 has been amended by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Section 1 Administrative organisation + Article 63 Health insurance is organized through the National Health Insurance House, through the county health insurance houses and the city of Bucharest and through the territorial offices. + Article 64 The county health insurance houses and the city of Bucharest can have, at the level of the cities, the municipalities, as well as other localities, health insurance offices, if the number of insured is at least: a) 200,000 for the cities, municipalities and sectors of Bucharest; b) 100,000 for other localities. + Article 65 (1) Health insurance houses operate on the basis of a statute. The statutes shall contain provisions relating to: a) the name and headquarters of the health insurance company; b) the territory served; c) the manner, quantity and quality of services not expressly defined by law; d) the level and the way of collecting the contribution; e) number of members in the governing bodies; f) the rights and obligations of governing bodies; g) the adoption of decisions of the general assembly of representatives; h) organization of financial-accounting activity, control and preparation of the annual accounting balance; i) the composition and headquarters of the litigation committee j) ways of advertising. (. Each insured shall receive an extract in which the services that are provided, the level of contribution and the payment method are specified. + Article 66 The governing bodies of the National Health Insurance House are: a) general meeting of the representatives; b) the board of directors, elected by the general assembly of representatives, who has a president and a vice-president, elected from among its members, and who, within 6 months, will develop the status of the health insurance house. + Article 67 The general meeting of the representatives has as main objective the support of the interests of the insured in the relations with the board She has as duties: a) approves the statute and other specific regulations in its field of activity, according to the law; b) approve the accounting balance and discharge of the previous year's management for the National Health Insurance House and for the county health insurance houses and the city of Bucharest; c) take decisions on the management of heritage d) approve the revenue and expenditure budget for the current year of the National Health Insurance House and for the territorial health insurance houses; e) choose a committee of censors consisting of 3 persons and 3 alternates. + Article 68 The Board of Directors represents the National Health Insurance House and insured in relations with other natural or legal persons. + Article 69 In addition to the National Health Insurance House works expert boards, which develop draft methodological norms for the provision of medical services, approved by the joint committee of the National Health Insurance House and College of Physicians in Romania. + Article 70 The members of the Board of Directors of the National Health Insurance House and the censor committee will benefit from a meeting allowance, the amount of which is established by statute. + Article 71 (1) The county health insurance houses and the city of Bucharest have the following management bodies: a) assembly of representatives; b) the board of directors. (2) The attributions and the way of carrying out the activity of the management bodies provided in ((1) shall be governed by statute. + Section 2 Choosing the governing bodies of health insurance companies + Article 72 (1) The choice of the governing bodies of health insurance houses shall be made by secret ballot. (. A person may be elected for a maximum of two terms. + Article 73 The governing bodies shall be elected for a period of 5 years. + Article 74 Insurers and employers choose their representatives, by representative groups, as follows: a) for employees; b) for free-professionals; c) for farmers with individual households; d) for pensioners; e) for the unemployed; f) for domestic staff; g) for students and students. + Article 75 (1) The representation norm is 2 candidates per 10,000 insured, one of them employer candidate and one of the insured. (2) The first elections, the way of submitting applications for the general assembly of representatives and the conduct of elections will be provided in an electoral regulation, which will be elaborated by the central electoral commission. This committee will be made up of 13 members, as follows: A representative of the Ministry of Justice; b) a representative of the Ministry of Health c) a representative of the Ministry of Labour and Social Protection; d) a representative of the Ministry of Finance e) 4 representatives of representative trade unions in the country; f) 3 representatives of the Romanian College of Physicians; g) a representative of the Romanian College of Pharmacists; h) a representative of the National Patronage Council. + Article 76 At the level of the county and the city of Bucharest, based on the electoral regulation, will operate county electoral commissions and, respectively, the city of Bucharest, which is approved, in similar composition, by the central electoral commission. + Article 77 Voting shall be exercised personally. + Article 78 (1) The elections take place at the same time for the governing bodies of the National Health Insurance House, as well as for those of the county health insurance houses and the city of Bucharest. (2) The President and vice-presidents of the National Health Insurance House, as well as of the county health insurance houses and of the city of Bucharest cannot exercise, during their mandates, other public functions or dignities, except teaching positions in higher education, and no functions in the governing bodies of employers ' associations or trade union organizations. ---------------- Alin. ((2) art. 78 was amended by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Section 3 Health Insurance House Medical Service + Article 79 The health insurance company's medical service develops and verifies the documentation on the provision and control of services provided from a medical point of view to protect the insured. It also controls the correctness of medical certificates of disease, the appropriateness of recovery measures, home care and the quality of health services. + Article 80 (1) Within the National Health Insurance House operates a medical service consisting of 7 doctors, which is led by a doctor-in-chief. (2) Within the county health insurance houses and the city of Bucharest, the medical service consists of 2-5 doctors, in relation to the number of insured persons, and is led by a chief doctor. + Article 81 The Board of Directors of the National Health Insurance House and the county health insurance house and the city of Bucharest appoints the head of the medical service. The terms of appointment shall be determined by statute + Chapter 7 Control + Section 1 Management control + Article 82 The management control of the National Health Insurance House and the county health insurance houses and the city of Bucharest is made annually by the Court of Accounts. + Section 2 Control of healthcare + Article 83 The National Health Insurance House together with the Romanian College of Physicians organizes commissions of control of medical services that are granted to insured persons. + Article 84 The control aims to verify the fulfilment of the quality parameters of medical services, according to the criteria developed by the National Health Insurance House and the Romanian College of Physicians. + Section 3 Arbitration + Article 85 (1) The National Health Insurance House together with the Romanian College of Physicians organizes the Central Arbitration Commission. (2) The Central Arbitration Commission shall consist of 2 arbitrators delegated by the National Health Insurance House, respectively by the Romanian College of Physicians. (3) The chairman of the Central Arbitration Commission will be an accepted arbitrator on both sides. + Article 86 (1) Referees may be doctors, lawyers or economists, accredited and registered by the Ministry of Justice. (2) The regulation of activity of arbitrators shall be established by the Ministry of Justice, with the opinion of the National Health Insurance House and the Romanian College of Physicians. + Article 87 The decisions of the Central Arbitration Commission are mandatory both for health insurance companies and for the Romanian College of Physicians. + Chapter 8 Transitional and final provisions + Article 88 ((1) This law shall enter into force on January 1, 1998, except for the provisions on the functioning of health insurance houses as autonomous public institutions, which enter into force on January 1, 1999. (2) Between January 1, 1998 and January 1, 1999, in order to ensure human, material and financial resources for the functioning of the entire health insurance system, the Ministry of Health, with the opinion of a commission constituted of one representative of the Ministry of Health, the Ministry of Labour and Social Protection, the Ministry of Finance, the Romanian College of Physicians and the Romanian College of Pharmacists, organize, within and on the structure of the sanitary departments county, respectively of the Bucharest municipality, the necessary functional structures . (3) In the period provided in par. (2), the Ministry of Health performs the duties provided by this law for the National Health Insurance House, and the county health departments, respectively of the city of Bucharest, fulfill the duties of the health insurance companies county, respectively of Bucharest. (4) Collecting contributions for health insurance, as well as other funds, during the period provided in par. (2), shall be made by the Ministry of Finance, through the specialized territorial directorates, and shall be highlighted in a separate account. Of the totality of the funds collected, 80% will be administered by the Ministry of Health, and 20% will be constituted in a reserve fund of the National Health Insurance House. --------------- Art. 88 was amended by EMERGENCY ORDINANCE no. 72 72 of 30 December 1998 published in MONITORUL OFFICIAL no. 523 523 of 31 December, REJECTED by LAW no. 419 419 of 18 July 2001 ,, as follows: < (2) In the period from 1 January to 31 March 1999, of the totality of the funds collected a share of 75% will be used for the payment of medicines and medical services, 20% for the organization and capital expenditure of the insurance system health social and 5% for the management and capital expenditure of this system. The administration of the 75% quota provided will be carried out by the Ministry of Health, and the quotas of 20% and 5%, respectively, will be administered by the Board of Directors of the National Health Insurance House. (3) The use of the 75% share for the payment of medicinal products and medical services will be made on the basis of the framework contract, developed by the National Health Insurance House and the Romanian College of Physicians and approved by decision of the Government. (4) Collecting contributions for health insurance, as well as other funds during the period provided in par. (2), shall be made by the Ministry of Finance through the specialized territorial directions, according to the regulations in force. (5) In the period provided in par. (2) rules will be developed and the logistics of the functioning of the health insurance system will be ensured as of March 31, 1999, as follows: a) the elaboration of the framework contract by the National Health Insurance House, together with the Romanian College of Physicians, until February 15, 1999 and its implementing regulations, until March 15, 1999; b) initiating the process of computerization of the health insurance system by elaborating the terms of reference and completing the steps for the purchase of the corresponding IT system until March 31, 1999; c) training of managerial staff necessary for the functioning of the health insurance system by the Ministry of Health, together with the National Health Insurance House. (6) The collection of contributions for health insurance in transport, as well as other funds shall be made by the House of Health Insurance of Transport, which ensures their use in the quotas provided in par. ((2). > > + Article 89 The sanitary networks belonging to other ministries will adapt their operation to the provisions of this law. + Article 90 (1) The initial health insurance fund is formed by the contribution of employers and the contribution of employees. (2) The contribution for health insurance due by the employer is 5% and is formed from: a) 2% of the regulated contribution Government Ordinance no. 22/1992 on the financing of health protection, approved by Law no. 114/1992 ; b) 3% relative to the salary fund. (3) The contribution for the health insurance of the insured shall be as follows: a) 5% of salary income, in the case of insured persons who have the status of employee; b) 5% of taxable income, in the case of insured persons working on the basis of civil convention; c) 5% of the taxable income of the freelances; d) 4% of the taxable agricultural income, annually declared by individuals who do not have the status of employee and who do not fall under the provisions of lett. c); e) 4% of the individual rights of pensioners and unemployed persons. From the start of collection, pension rights, unemployment benefits and support allowance shall be increased by 4%. (4) The contribution established according to paragraph ((3) lit. a), b) and c) deduct from the salary tax, respectively from the income tax. (5) Initial contribution rate for insured persons under the conditions of art. 55 55 is 5%. (6) The Ministry of Finance, the Ministry of Labour and Social Protection and the Ministry of Health will develop methodological norms for the application of the provisions of this article, within 30 days from the entry into force of the law. These methodological norms will be published in the Official Gazette of Romania. + Article 91 In territories not covered with doctors or with health personnel, to provide medical services, local councils can provide incentives in nature and in money. + Article 92 The educational and research activity within hospitals with clinical wards, which are funded from the health system, can benefit from additional funding directly from the state budget. + Article 93 (1) Until December 31, 2002 the management of the National Health Insurance House is provided by a president and a board of directors constituted according to art. 94 94 and 95. (2) The main tasks of the President of the National Health Insurance House are: a) the organization and management of the executive structures of the National Health Insurance House; b) ensuring the coherence and efficiency of financial management of health insurance funds; c) the elaboration of the rules, regulations and administrative procedures specific to the performance of the tasks provided a) and b) and the development of specific personnel rules; d) the organization and coordination of the control activity on the entire health insurance system; e) the application of disciplinary and administrative sanctions for non-compliance with the rules and regulations referred to in c). (3) The main tasks of the Board of Directors of the National Health Insurance House are: a) the approval of the status of the National Health Insurance House, on the proposal of its b) approval of the draft budget of the health insurance fund; c) approval of monthly, quarterly and annual reports submitted by the President of the National Health Insurance House; d) approval of the draft framework contract according to art. 11. (4) The Board of Directors referred to in par. (1) also takes over the duties of the general assembly of representatives. ---------------- Art. 93 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998; amended by EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 94 (1) The Board of Directors of the National Health Insurance House consists of representatives of the executive power, as well as of employers ' and trade union associations, representative at national level. (2) National employers ' associations and trade union organisations meeting the conditions laid down by the Law no. 130/1996 on the collective agreement, republished. --------------- Art. 94 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 95 The Board of Directors of the National Health Insurance House shall be made up of 17 members, as follows: a) 5 representatives of the state, of which 2 are appointed by the President of Romania and 3, by the Prime Minister, at the proposal of the Minister of Health, the Minister of Labour and Social Protection and the Minister of Finance; b) 5 members appointed by consensus by the representative employers ' associations at national level; c) 5 members appointed by consensus by the representative trade union confederations at national level. d) 2 members appointed by the Prime Minister, in consultation with the National Council of Elderly. ---------------- Art. 95 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998; The introductory part of art. 95 95 has been amended by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. Lit. d) of art. 95 95 was introduced by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 96 (1) The term of office of the members of the board of directors shall be (2) During their term of office, the members of the board of directors may be revoked by those who appointed them. (3) On the places become vacant as a result of resignation, revocation, death or other causes provided by law, new members shall be appointed, until the current term of office expires. ----------------- Art. 96 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 97 (1) The Board of Directors shall be legally constituted as of the date on which at least 11 of its members are appointed, provided that each social partner referred to in art. 95 95 to be represented. (. The Board of Directors shall lawfully operate in the presence of at least 11 of its members. (. The decisions of the Management Board shall be adopted by the vote of at least two thirds of the members present, provided that each party is represented. ----------------- Art. 97 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 98 (1) The chairman of the board of directors is also chairman of the National Health Insurance House. (2) The President shall be appointed by the Prime Minister, at the proposal of the Minister of Health, among the members of the Management Board, after their prior consultation. The Management Board has 2 vice-presidents, who are appointed by the other social partners among the members of the board of directors, with the agreement of two thirds of their number. (3) The term of office of the President and Vice-Presidents shall be 4 years. (4) The mandate of the President shall cease by resignation, revocation by the Prime Minister or by death. The mandates of the Vice-Presidents shall also cease by resignation, by death or by revocation by those who have designated them. (5) The return of the Vice-Presidents may be decided by at least two thirds of the members of the Management Board. ----------------- Art. 98 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 99 (1) The President represents the National Health Insurance House in relations with third parties and is the principal authorising officer. (2) The duties of the President and of the Vice-Presidents shall be established by the statute of the National Health Insurance House, under the law. (3) The President may delegate powers of representation to any deputy chairman or member of the board of directors or to persons from his own apparatus of the National Health Insurance House. ----------------- Art. 99 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 100 (1) The operative management of the activity of the National Health Insurance House shall be exercised by a general manager. (2) The occupation of the post of general manager is done by competition, under the law. ----------------- Art. 100 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 101 (1) In the period provided for in art. 93 93 para. (1) the management of the activity of the county health insurance houses, respectively of the city of Bucharest, is provided by a general manager appointed by the president of the National Health Insurance House, with the opinion of the board of directors of the county health insurance house, respectively of the city of Bucharest, following the contest organized by the National Health Insurance House, according to the law, and by a board of directors. (2) The general manager is a secondary authorising officer. (3) The main tasks of the Director-General are: a) apply the rules of management, organization and operating regulations and administrative procedures; b) develop the adapted forms for internal rules of organization and operation; c) organize and coordinate the control activity of the execution of the contracts for the supply of medical services; d) organize and coordinate the control activity of the collection of the health insurance fund; e) proposes programs of actions to improve financial discipline, including enforcement according to art. 10. (4) The main tasks of the board of directors of the county health insurance house, respectively of the city of Bucharest, are: a) approve the draft budget of revenues and annual expenditures related to the health insurance fund; b) approve the monthly, quarterly and annual reports submitted by the Director-General; c) approve the contracting policy proposed by the Director General, in compliance with the framework contract; d) approve the programs of actions to improve financial discipline, including enforcement measures according to art. 10. ----------------- Art. 101 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. Points b) and c) of paragraph 1 of the art. 101 were amended by EMERGENCY ORDINANCE no. 155 155 of 19 October 1999 published in MONITORUL OFFICIAL no. 510 510 of 21 October 1999. Article 101 has been amended by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 102 (1) The board of directors of the county health insurance houses, respectively of the city of Bucharest, consists of 11 members, as follows: a) 5 members appointed by the county council, respectively the General Council of the Municipality of Bucharest, representing the local public authorities, including 2 members with the consultation of pensioners organizations at county level; b) 3 members appointed by consensus of representative employers ' associations at national level; c) 3 members appointed by consensus of representative trade union organisations at national level. (2) The Chairman of the Management Board shall be elected from among the members of the Management Board, with the consent of two thirds of the number For the appointment of the vice-presidents of the board of directors, the provisions of art. 98 98 para. ((2). (3) The conditions of representativeness of employers ' associations and trade union organisations are provided for in Law no. 130/1996 on the collective agreement, republished. (4) The tasks of the board of directors shall be established by the own statute of the health insurance company, drawn up on the basis of the status of the National Health Insurance House and its regulations. (5) Provisions art. 93 93 para. ((4) and art. 96 are also applicable accordingly to the boards of directors of the county health insurance companies, respectively of the city of Bucharest. ----------------- Art. 102 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. Article 102 has been amended by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 103 (1) The salary and other rights of the President and vice-presidents of the National Health Insurance House shall be determined as follows: a) the salary of the president, at the level of the indemnity provided by law for the b) the salary of the vice presidents, at the level of the allowance provided by law for the position of state secretary. (2) The monthly salary, provided in par. (1), is the only form of remuneration of the activity corresponding to those functions and represents the basis for calculation for the establishment of the rights and obligations that are determined in relation to the salary (3) The salary and other rights of the Director General of the National Health Insurance House shall be established at the level of the general secretary's salary in the ministries. (4) The salary and other rights of the staff of the National Health Insurance House and of the staff of the county health insurance companies, respectively of the city of Bucharest, shall be established within the limits of the funds provided with this destination in the revenue and expenditure budgets of the respective houses, through the Statute of the National Health Insurance House. (5) The members of the Board of Directors of the National Health Insurance House and the boards of the county health insurance companies, respectively of the city of Bucharest, benefit from a monthly allowance of up to 20% of the salary of the chairman of the National Health Insurance House, respectively of the salary of the general manager of the county health insurance house and of the city of Bucharest, under the conditions of the actual presence administration. " (6) The statute is approved, under the law, and other norms and normative of expenses for activities of the National Health Insurance House and of the county health houses and the city of Bucharest. ----------------- Art. 103 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. Alin. ((4) and (5) of art. 103 103 have been modified by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 104 (1) The number of posts taken over by the National Health Insurance House and the county health insurance houses and the city of Bucharest in the structure of the Ministry of Health and the county health departments and the city of Bucharest shall be establish by protocol. (2) Within 30 days from the date of taking over the staff by the National Health Insurance House will be modified, accordingly, the duties and organizational structure of the Ministry of Health. (3) Staff taken according to par. ((1) shall be considered transferred in the interest of the ----------------- Art. 104 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 105 (1) The Ministry of Health may transmit in the administration of the National Health Insurance House and, respectively, the county health insurance houses and the city of Bucharest, as well as the House of Defense Health Insurance, Ordinii Public, National Safety and the Judicial Authority, established by Government Ordinance no. 56/1998 ,, pursuant to art. 89 89, movable and immovable property, on a protocol basis. (2) Also, the National Health Insurance House manages movable and immovable property, acquired, under the law, from its own activities, subsidies, donations or from other sources. (3) The central or local public authorities may transmit, under the conditions provided by law, movable and immovable property in the administration of the National Health Insurance House and the health insurance houses provided in par. (1), for the development of own activities. ----------------- Art. 105 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. In paragraph 1 of Article 105, the reference "as well as of the health insurance house, constituted by special law" was replaced with the reference " as well as of the House of Health Insurance, Public Order, National Safety and The Court of Justice, established by Government Ordinance no. 56/1998 " by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. + Article 106 (1) In the period provided for in art. 93 the centralized budget of health insurance funds is approved by the Parliament, at the proposal of the National Health Insurance House. (2) The approval of the budgets of the county health insurance houses is made by the National Health Insurance House. ----------------- Art. 106 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 107 The reserve fund of the National Health Insurance House left unused at the end of the year will be established the destination of use by its board of directors. ----------------- Art. 107 was introduced by EMERGENCY ORDINANCE no. 30 30 of 29 October 1998 published in MONITORUL OFFICIAL no. 421 421 of 6 November 1998. + Article 108 Dismissed. --------------- Art. 108 was introduced by EMERGENCY ORDINANCE no. 72 72 of 30 December 1998 published in MONITORUL OFFICIAL no. 523 523 of 31 December 1998, REJECTED by LAW no. 419 419 of 18 July 2001 . + Article 109 The spaces acquired by doctors, under the law, with the destination for the operation of medical offices and for housing, remain in their use until the full refund by the holders of the ownership of the investments made by doctors, at their updated value. --------------- Article 109 was introduced by art. 1 of EMERGENCY ORDINANCE no. 180 180 of 26 October 2000 published in MONITORUL OFFICIAL no. 537 537 of 31 October 2000. This law was adopted by the Chamber of Deputies at its meeting on July 10, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN This law was adopted by the Senate at the meeting of July 10, 1997, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN --------------