Laws and regulations regarding medical insurance.

2018-03-22

Laws and regulations regarding medical insurance vary by country and can encompass a wide range of topics, including: 1. **Coverage Requirements**: Regulations may dictate what types of medical services must be covered by insurance plans, including preventive care, emergency services, and prescription drugs. 2. **Consumer Protections**: Many jurisdictions have laws in place to protect consumers from unfair practices, such as denying coverage for pre-existing conditions or imposing lifetime limits on benefits. 3. **Premiums and Cost Sharing**: Regulations may govern how premiums are set, including restrictions on discrimination based on health status, age, or gender. They may also outline rules for deductibles, copayments, and out-of-pocket maximums. 4. **Medicaid and Medicare**: In the United States, specific laws govern these public health insurance programs, including eligibility criteria and benefits. 5. **Employer Responsibilities**: Laws may require employers to provide health insurance to employees or to contribute to the cost of coverage, as seen in the Affordable Care Act in the U.S. 6. **Licensing and Regulation of Insurers**: Insurance companies are often required to be licensed and are subject to oversight by government agencies to ensure financial stability and compliance with laws. 7. **Health Information Privacy**: Regulations like HIPAA in the U.S. protect the privacy of individuals' health information in relation to insurance and healthcare providers. 8. **Dispute Resolution**: There may be laws that outline processes for resolving disputes between insurers and policyholders, including appeals for denied claims. Understanding these laws is crucial for consumers, healthcare providers, and insurers to navigate the complexities of medical insurance.

1. Why is the "Interim Measures for the Management of the Scope of Medication for Urban Employees' Basic Medical Insurance" formulated?

 

On May 12, 1991, the "Notice on Printing and Distributing the Interim Measures for the Management of the Scope of Medication for Urban Employees' Basic Medical Insurance" (Labor and Social Security Department Document [1999] No. 15) clearly pointed out that "in order to implement the 'Decision of the State Council on Establishing the Basic Medical Insurance System for Urban Employees'" (State Document [1998] No. 44), "the 'Interim Measures for the Management of the Scope of Medication for Urban Employees' Basic Medical Insurance' was formulated."

 

Specifically, at present, there is a large number and variety of drugs on the market in our country. By the end of 1997, there were 6,391 pharmaceutical manufacturers in China, producing more than 4,000 kinds of Western medicine preparations and more than 8,000 kinds of traditional Chinese medicine preparations. Due to the imperfect management of the drug circulation system, the price differences of the same drug between different medical institutions and between domestic and imported drugs have increased, with some retail prices differing by dozens of times. Additionally, the quality of marketed drugs varies, and therapeutic and general health care drugs are managed together, leading to a large amount of waste in drug use. The formulation of the Interim Measures for the Management of the Scope of Medication for Urban Employees' Basic Medical Insurance can ensure the basic medical medication for employees, reasonably control drug costs, and standardize the management of the scope of medication for basic medical insurance.

 

2. What are the principles for determining the varieties in the "Drug Catalog"?

 

The "Drug Catalog" is short for the "Basic Medical Insurance Drug Catalog". Through its formulation, the management of the scope of medication for basic medical insurance is achieved. The principles for determining the varieties of drugs in the "Drug Catalog" are: "considering the basic clinical needs, as well as the economic differences and medication habits between regions, with equal emphasis on both Western and traditional Chinese medicine."

 

3. Which drugs can be included in the selection range of the "Drug Catalog"?

 

According to Article 3 of the "Interim Measures for the Management of the Scope of Medication for Urban Employees' Basic Medical Insurance", the drugs included in the "Drug Catalog" should be clinically necessary, safe and effective, reasonably priced, convenient to use, and guaranteed to be supplied in the market. At the same time, they must meet at least one of the following conditions:

 

(1) Drugs that meet the standards issued by the national drug supervision and management department;

(2) Drugs that are officially imported and approved by the national drug supervision and management department;

(3) Drugs listed in the "Pharmacopoeia of the People's Republic of China" (current edition).

 

4. Which drugs cannot be included in the selection range of the "Drug Catalog"?

 

According to Article 4 of the "Interim Measures for the Management of the Scope of Medication for Urban Employees' Basic Medical Insurance", the following drugs cannot be included in the selection range of the "Drug Catalog":

(1) Various alcoholic preparations made from traditional Chinese medicinal materials and decoction pieces;

(2) Certain animals and animal organs that can be used as medicine, dried (or fresh) fruits;

(3) Blood products and protein products (except for special indications and emergency rescue);

(4) Fruit-flavored preparations and oral effervescent agents among various drugs;

(5) Drugs that mainly serve a nutritional and health supplement purpose;

(6) Other drugs that the Ministry of Labor and Social Security specifies will not be reimbursed by the basic medical insurance fund.

 

5. What categories of drugs are included in the "Drug Catalog"?

 

According to Article 5 of the "Interim Measures for the Management of the Scope of Medication for Urban Employees' Basic Medical Insurance", the drugs listed in the "Drug Catalog" include Western medicine, traditional Chinese medicine (including ethnic medicine), and traditional Chinese medicine decoction pieces (including ethnic medicine). Western medicine and traditional Chinese medicine are included in the drug catalog approved for reimbursement by the basic medical insurance fund, with drug names using generic names and indicating dosage forms. Traditional Chinese medicine decoction pieces are included in the drug catalog not reimbursed by the basic medical insurance fund, with drug names using pharmacopoeia names.

 

6. Why are Western medicine and traditional Chinese medicine included in the drug catalog approved for reimbursement by the basic medical insurance fund?

 

Western medicine and traditional Chinese medicine are included in the drug catalog approved for reimbursement by the basic medical insurance fund, divided into "Category A" and "Category B" catalogs, because their medicinal components and therapeutic indications are relatively clear, with explicit regulations on drug forms, dosages, specifications, and prices. At the same time, they are widely used and effective, making them necessary for clinical treatment or available for clinical treatment options.

 

7. Why are traditional Chinese medicine decoction pieces included in the drug catalog not reimbursed by the basic medical insurance fund?

 

Drugs included in the "Drug Catalog" must be clinically necessary and safe and effective. However, traditional Chinese medicine decoction pieces have a wide range of sources and a variety of medicinal materials, with no clear usage dosages and specifications. Additionally, considering the characteristics of traditional Chinese medicine in China regarding compatibility, traditional Chinese medicine decoction pieces do not meet the above conditions, thus being included in the non-reimbursable catalog.

 

8. What living service items and service facility costs are not covered by basic medical insurance?

 

According to the "Opinions on Determining the Scope and Payment Standards of Medical Service Facilities for Urban Employees' Basic Medical Insurance", basic medical insurance medical service facilities refer to the living service facilities provided by designated medical institutions that are necessary for insured individuals during diagnosis, treatment, and nursing processes, mainly including hospitalization bed fees and outpatient (emergency) observation bed fees. For daily necessities, in-hospital transportation supplies, and costs for water and electricity already included in hospitalization bed fees or outpatient (emergency) observation bed fees, the basic medical insurance fund will not make additional payments, and designated medical institutions are not allowed to charge insured individuals separately.

The living service items and service facility costs not covered by the basic medical insurance fund mainly include the following five categories:

(1) Companion fees, nursing fees, cleaning fees, outpatient decoction fees;

(2) Meal fees;

(3) Air conditioning fees, television fees, telephone fees, infant incubator fees, food warmer fees, electric stove fees, refrigerator fees, and compensation for damaged public property;

(4) Transportation fees for referrals (or transfers), ambulance fees;

(5) Entertainment activity fees and other special living service costs.

 

At the same time, due to differences in living environments and economic levels in various regions, whether other medical service facility items (such as heating fees, etc.) are included in the payment scope of the basic medical insurance fund is determined by the labor security administrative departments of each province (autonomous region, municipality).

 

9. What is the payment standard for basic medical insurance hospitalization bed fees? How is it determined?

 

The payment standard for basic medical insurance hospitalization bed fees is determined by the labor security administrative departments of each planning area according to the standard for ordinary hospitalization ward bed fees set by the provincial price departments. The payment standard for hospitalization bed fees for isolation and critically ill patients is determined by each planning area based on actual conditions.

 

The establishment of this standard is mainly based on the reimbursement regulations for ordinary ward bed fees in public health and labor insurance medical systems. This is in line with the national conditions of our country in the primary stage of socialism and is also consistent with the principle of basic medical insurance providing basic medical care.

 

10. What is the payment standard for basic medical insurance outpatient (emergency) observation bed fees?

 

The payment standard for basic medical insurance outpatient (emergency) observation bed fees is determined according to the charging standards set by the provincial pricing department, but it cannot exceed the payment standard for basic medical insurance inpatient bed fees.

 

11. How to ensure that insured individuals receive appropriate medical service facilities when seeking medical treatment?

 

According to the provisions in the "Opinions on Determining the Scope and Payment Standards of Medical Service Facilities for Urban Employees' Basic Medical Insurance," in order to ensure that insured individuals receive appropriate medical service facilities in a timely manner during medical treatment, designated medical institutions must publicly disclose the bed charging standards and the payment standards for basic medical insurance bed fees. When arranging wards or outpatient (emergency) observation beds, the charging standards for the arranged beds should be communicated to the insured individuals or their families. Insured individuals can choose different levels of wards or outpatient (emergency) observation beds based on the recommendations of designated medical institutions. If, due to bed shortages or other reasons, designated medical institutions must arrange insured individuals in beds that exceed the standard, they should first obtain the consent of the insured individuals or their families.

 

12. Why are various health check-ups not included in the scope of basic medical insurance treatment projects?

 

According to the "Opinions on the Management of Treatment Projects for Urban Employees' Basic Medical Insurance," basic medical insurance treatment projects refer to various medical technology service projects and diagnostic and treatment projects using medical instruments, equipment, and medical materials that meet the following conditions:

(1) Those for which charging standards have been established by the pricing department;

(2) Necessary for clinical diagnosis, safe and effective, and reasonably priced;

(3) Provided by designated medical institutions within the scope of designated medical services for insured individuals.

 

In conjunction with the above conditions, several non-disease treatments, including various health check-ups, are included in the scope of treatment projects for which basic medical insurance does not cover costs, as stated in the attachment "Scope of National Basic Medical Insurance Treatment Projects" of the aforementioned opinions. At the same time, this regulation is a continuation of the past public health and labor insurance medical policies.

 

Health check-ups are divided into general health examinations and health check-ups for specific purposes. General health examinations are preventive disease screening measures organized by employers to detect and treat diseases early, with the examination costs borne by the employers and not expended from public health or labor insurance medical funds; health check-ups for specific purposes are examinations conducted by employees based on specific requirements, such as those required for job applications, processing overseas procedures, or purchasing commercial health insurance, with costs generally borne by individuals. Therefore, after the reform of the medical insurance system, various health check-ups are not included in the scope of basic medical insurance treatment projects, while the health check-up costs organized by units are borne by the employers; the costs of health check-ups for specific purposes that were originally paid by individuals are still borne by individuals.

1. Why should we formulate the Interim Measures for the administration of the scope of use of basic medical insurance for urban employees?
 
The notice on printing and distributing the Interim Measures for the administration of the scope of use of basic medical insurance for urban employees (LDF [1999] No. 15) on May 12, 1991 clearly stated that "in order to implement the decision of the State Council on establishing the basic medical insurance system for urban employees" (GF [1998] No. 44), "The Interim Measures for the administration of the scope of use of basic medical insurance for urban employees" have been formulated.
 
Specifically, at present, the number of drugs listed in China is large and there are many varieties. As of 1997, there have been 6391 pharmaceutical manufacturers in China, with a total of 4000 Western pharmaceutical preparations and more than 8000 Chinese patent medicines. Due to the imperfect management of the drug circulation system, the price difference between different medical institutions, domestic and imported drugs of the same type is increasing, and the retail price of some drugs is dozens of times different. In addition, the quality of listed drugs is different, and the management of therapeutic and general health care drugs is mixed, which leads to a large amount of waste in the use of drugs. The formulation of the Interim Measures for the administration of the scope of use of basic medical insurance for urban employees can guarantee the basic medical use of the workers, reasonably control the drug costs, and standardize the management of the scope of use of basic medical insurance.
 
2. What are the principles for determining the variety of the drug catalog?
 
The drug catalogue is the abbreviation of the catalogue of basic medical insurance drugs. Through the formulation of the catalogue, the management of the scope of the basic medical insurance drug use is realized. The principle of determining the varieties of traditional Chinese medicine in the drug catalogue is: "considering the basic needs of clinical treatment, we should also consider the economic differences and drug habits between regions, and attach equal importance to Chinese and Western medicines."
 
3. What drugs can be included in the selection scope of the drug catalogue?
 
According to the provisions of Article 3 of the Interim Measures for the administration of the scope of use of basic medical insurance for urban workers, the drugs included in the drug catalogue shall be the drugs necessary for clinical use, safe and effective, reasonably priced, convenient to use, and can be guaranteed by the market. At the same time, one of the following conditions must be met:
 
(1) Drugs that meet the standards issued by the State Drug Administration Department;
 
(2) The state drug regulatory department approves the officially imported drugs;
 
(3) The drugs contained in the Pharmacopoeia of the People's Republic of China (current edition).
 
4. What drugs can't be included in the selection scope of the drug catalogue?
 
According to Article 4 of the Interim Measures for the administration of the scope of use of basic medical insurance for urban workers, the following drugs cannot be included in the scope of selection of the drug catalogue:
 
(1) Various liquor preparations made from Chinese medicine and Chinese herbal pieces;
 
(2) Some of the organs of animals and animals that can be used as medicine, dry (water) fruits;
 
(3) Blood products and protein products (except for special indications, first aid, and rescue);
 
(4) Fruit preparation and oral effervescent agent in various drugs;
 
(5) The main drugs that play the role of nutrition and nourishing;
 
(6) Other drugs that the Ministry of Labor and Social Security stipulates that the basic medical insurance fund will not pay.
 
5. What types of drugs does the drug catalog include?
 
According to the provisions of Article 5 of the Interim Measures for the administration of the scope of use of basic medical insurance for urban workers, the drugs listed in the drug catalogue include western medicine, Chinese traditional medicine (including national medicine), and Chinese herbal medicine Pieces (including national medicine). Western medicine and Chinese patent medicine are listed in the list of drugs approved to be paid by the basic medical insurance fund. The name of the drug is general name and the dosage form is indicated. The Chinese herbal pieces are listed in the list of drugs that are not paid by the basic medical insurance fund, and the name of the drug is Pharmacopoeia.
 
6. Why should Western medicine and Chinese patent medicine be listed in the list of drugs approved to be paid by basic medical insurance fund?
 
Western medicine and Chinese patent medicine are listed in the list of drugs approved to be paid by basic medical insurance fund, and are classified into "category a catalogue" and "category B catalogue". Because their pharmaceutical components and treatment indications are relatively clear, the dosage form, dosage, specification and price of the drugs are clearly defined. At the same time, they are widely used and have good curative effect, It is necessary or available for clinical treatment.
 
7. Why is Chinese herbal medicine slices listed in the list of drugs that the basic medical insurance fund does not pay?
 
The drugs included in the "drug catalogue" must be necessary, safe and effective drugs in clinical practice. However, the source of Chinese herbal pieces is wide, the variety of medicines is various, and there is no clear dosage and specification. At the same time, considering the compatibility characteristics of traditional Chinese medicine in China, the Chinese herbal pieces do not meet the above conditions, so they are listed in the list that cannot be paid.
 
8. What living services and facilities are not covered by basic medical insurance?
 
According to the opinions on determining the scope and payment standard of basic medical insurance medical service facilities for urban employees, the basic medical insurance medical service facilities refer to the living service facilities provided by designated medical institutions. The life service facilities necessary for the insured personnel in the process of receiving diagnosis, treatment and nursing, mainly include the hospitalization bed fee and the door (emergency) diagnosis and retention bed fee. For the expenses of daily necessities, transportation supplies in hospital, water and electricity that have been included in the bed fee or door (emergency) room fee, the basic medical insurance fund shall not pay separately, and the designated medical institutions shall not charge the insured personnel separately.
 
The expenses of living services and service facilities that the basic medical insurance fund does not pay include the following five categories:
 
(1) The expenses of accompanying, labor, cleaning and treatment, and decocting medicine in outpatient department;
 
(2) Meal expenses;
 
(3) Air conditioning, TV, telephone, baby incubator, food, electric stove, refrigerator and damages to public property;
 
(4) Transportation and first aid vehicle fee for referral;
 
(5) Entertainment and other special living services.
 
Meanwhile, due to the differences in living environment and economic level of different regions, whether other medical service facilities (such as heating fees, etc.) are included in the payment scope of basic medical insurance fund shall be stipulated by the labor security administrative departments of each province (autonomous region and municipality directly under the central government).
 
9. What is the standard of bed fee payment in basic medical insurance? How to determine?
 
The standard for payment of bed fee for basic medical insurance in hospital shall be determined by the labor security administrative department of all regions in accordance with the standard of bed fee of general inpatient ward stipulated by the provincial price department. The standard for the payment of bed fee for the patients in need of isolation and critical care shall be determined by the overall planning area according to the actual situation.
 
The establishment of this standard mainly refers to the provisions of the public and labor insurance medical system on reimbursement of bed expenses in general ward. On the one hand, it is suitable for the conditions of the primary stage of socialism in China, and on the other hand, it is consistent with the basic medical insurance principle.
 
10. What is the standard of payment for the basic medical insurance door (emergency) diagnosis and retention bed fee?
 
The payment standard of the basic medical insurance door (emergency) outpatient and observation bed fee shall be determined according to the charging standard stipulated by the provincial price department, but it cannot exceed the payment standard of the bed fee of the basic medical insurance inpatient.
 
11. How to ensure that the insured get the appropriate medical service facilities when they visit the hospital?
 
According to the opinions on determining the scope and payment standard of basic medical insurance medical service facilities for urban employees, in order to ensure that the insured personnel get the appropriate medical service facilities in time, designated medical institutions must disclose the bed charge standard and the basic medical insurance bed fee payment standard. When arranging the ward or door (emergency) diagnosis and leaving the observation bed, the designated medical institutions must disclose the bed charge standard and the basic medical insurance bed fee payment standard, The insured or their family members shall be informed of the rate of bed charges arranged. The insured can choose different ward or door (emergency) room to stay at the hospital room according to the suggestion of designated medical institution. For the reasons of tight bed or other reasons, when the designated medical institution must arrange the insured in the super standard ward, the consent of the insured or his or her family members shall be obtained first.
 
12. Why are various health examination not included in the scope of basic medical insurance diagnosis and treatment items?
 
According to the opinions on the management of basic medical insurance diagnosis and treatment project of urban employees, the basic medical insurance diagnosis and treatment project refers to various medical technical labor projects that meet the following conditions and the diagnosis and treatment items carried out by using medical instruments, equipment and medical materials:
 
(1) The price department has formulated the charging standards;
 
(2) The clinical diagnosis is necessary, safe and effective, and the cost is appropriate;
 
(3) Within the scope of designated medical services provided by designated medical institutions for the insured.
 
Combined with the above conditions, in the appendix of the opinion "scope of national basic medical insurance diagnosis and treatment project", several non disease treatment including various health examination shall be included in the scope of the diagnosis and treatment items that are not paid by the basic medical insurance. At the same time, this provision is the continuation of the public fee and labor insurance medical policy in the past.
 

 

The physical examination is divided into general health examination and special purpose physical examination. General health examination is a general survey measure for preventive diseases organized by each employer for early detection and early treatment of diseases. The medical examination funds are borne by all employers and not paid in public expenses and labor insurance medical expenses; Special purpose health examination is the physical examination conducted by employees according to certain requirements, such as the physical examination conducted by employees in job hunting, going abroad, purchasing commercial medical insurance and other activities. The expenses are generally borne by individuals. Therefore, after the reform of medical insurance system, various health examination items are not included in the scope of basic medical insurance diagnosis and treatment, but the expenses for health examination organized by the units are borne by the employer; The cost of special purpose physical examination originally paid by the individual shall still be paid by the individual.

Related Information


Laws and regulations regarding medical insurance.

Laws and regulations regarding medical insurance vary by country and can encompass a wide range of topics, including: 1. **Coverage Requirements**: Regulations may dictate what types of medical services must be covered by insurance plans, including preventive care, emergency services, and prescription drugs. 2. **Consumer Protections**: Many jurisdictions have laws in place to protect consumers from unfair practices, such as denying coverage for pre-existing conditions or imposing lifetime limits on benefits. 3. **Premiums and Cost Sharing**: Regulations may govern how premiums are set, including restrictions on discrimination based on health status, age, or gender. They may also outline rules for deductibles, copayments, and out-of-pocket maximums. 4. **Medicaid and Medicare**: In the United States, specific laws govern these public health insurance programs, including eligibility criteria and benefits. 5. **Employer Responsibilities**: Laws may require employers to provide health insurance to employees or to contribute to the cost of coverage, as seen in the Affordable Care Act in the U.S. 6. **Licensing and Regulation of Insurers**: Insurance companies are often required to be licensed and are subject to oversight by government agencies to ensure financial stability and compliance with laws. 7. **Health Information Privacy**: Regulations like HIPAA in the U.S. protect the privacy of individuals' health information in relation to insurance and healthcare providers. 8. **Dispute Resolution**: There may be laws that outline processes for resolving disputes between insurers and policyholders, including appeals for denied claims. Understanding these laws is crucial for consumers, healthcare providers, and insurers to navigate the complexities of medical insurance.

View Details