Laws Information

法規資訊
Title: National Health Insurance Dispute Mediation Regulations
Am Date: 2014-08-05
Legislative History: Amended and Promulgated Articles 5,14,18,20,21,23,24,26 ,and Attachment 1 and Attachment 2 of Article 21 by Ministry of Health and Welfare, on August 5, 2014, Order of Wei-Pu-Pao No.1031260548

Transaction

Amended

Article 5
The application for mediation shall be based on the date of the NHI Dispute Mediation Committee receiving the petition; if the petition is sent to the NHI Dispute Mediation Committee by mail, the postmark date stamped by the original post office shall be referred.
Those who have missed the application for mediation due to natural disaster or any reasons not attributable to the applicant shall state the reasons in writing and apply for restoration within the ten days after the reasons fade away.
However, if it has been over one year since the deadline of the application for mediation, the applicant is not allowed to apply for restoration.
Those who apply for restoration shall carry out all the necessary mediation application procedures during the remedy period.

Article 14
The application for mediation of the benefit case requires the applicant to fill out the petition stating the following matters with his attorney’s or his own signature or seal:
I. The applicant’s name, date of birth, dwelling place, temporary living place and ID No. If the applicant is a corporation or an organization with managers or representatives, the corporation or organization’s name, office or business address and the manager or representative’s name, date of birth, dwelling place and temporary living place.
II. If the applicant has an attorney, he or she shall present a written form of authorization at the first place of application for mediation conduct.The authorization paper shall include the attorney’s name, date of birth, dwelling place, temporary living place and ID No.
III. Claims
IV. Facts and reasons for mediation application
V. The date of receiving or knowing the insurer’s original evaluation notification (MM/DD/YY)
VI. The evidence. If the evidence is a written document, the transcript or copy is required.
VII. Transcripts or copies of the insurer’s original evaluation notification document and the related documents or materials
VIII. MM/DD/YY
The Subparagraph 4 of the preceding paragraph, facts & reasons shall be stated respectively and the related arguments shall be stated one by one; if the applicant is a foreigner, a Chinese version is required.

Article 18
One of the following cases will invalidate the mediation approval of the benefit case:
I. The petition unconformable with the legal procedure is unable to be corrected or fails to be corrected within the given period.
II. Overdue applications for mediation
III. Those who are not set forth in Paragraph 1, Article 3 put forward the application.
IV. Nonexistence of the original evaluation notification
V.Reapplications of mediation of an approved or withdrawn case.
VI. Disputes not concerning the matters referred to in Article 2.
If the invalid mediation approval referred to in Subparagraph 1 or 2 of the preceding Paragraph can prove that the original evaluation is illegal, the insurer or his higher authorities shall withdraw or modify the original evaluation in conformity to the legal procedures.

Article 20
The approved benefit case requires the approval paper stating the following matters:
I. The matters referred to in Subparagraph 1, Paragraph 1, Article 14.
II. Texts, facts and reasons, among which the facts shall only cover the arguments, the invalid mediation approval referred to in Paragraph 1, Article 18 may not state facts with this Subparagraph as a proof.
III. The agency and its leading officer.
IV. MM/DD/YY
The approval paper shall state remedies, time limit and competent authorities for noncompliance.

Article 21
The application for mediation of the medical expenditure case requires the applicant to fill out the petition and the detailed list (see the attached list I and II) stating the following matters with his seal:
I. The name and code of the insurance contracted medical care institution and the person who is in charge of the institution.
II. Claims
III. Facts and reasons for mediation application
IV. The date of receiving or knowing the insurer’s recheck notification (MM/DD/YY)
V. The medical record and other related certifications. The transcripts or copies of materials in written form are required.
VI. Transcripts or copies of the insurer’s recheck notification document and the related documents or materials
VII. MM/DD/YY
The facts and reasons referred to in Subparagraph 3 of the preceding Paragraph shall be written to the columns specified by the format.

Article 23
The mediation approval of the medical expenditure case shall be carried out in accordance with Article 18 and 19 (excluding Subparagraph 4, Paragraph 1, Article 18).

Article 24
The approved medical expenditure case requires the approval paper stating the following matters:
I. The name and code of the insurance contracted medical care institution.
II. Texts, facts and reasons, among which the facts and reasons not concerning the arguments may not be stated.
III. The agency and its leading officer.
IV. MM/DD/YY
If the same applicant applies for over two dispute mediations on the same agreement within the given time, only the disputed matters need to be stated as stipulated by Subparagraph 2 of the preceding Paragraph. The same process is also applied to case of the same type and same mediation result.
If the insurer re-evaluates the medical expenditure case in accordance with Paragraph 2, Article 8, the NHI Dispute Mediation Committee is allowed to close the case directly without the approval paper of Paragraph 1.
The approval paper shall have note specifying the relief measures for objection to items approved and the juridical court accepting the case.

Article 26
The approval paper shall be sent to the applicant and the insurer respectively; if necessary, shall be reported to relevant institutions or units.
The insurer shall enforce the mediation approval made by the NHI Dispute Mediation Committee within 15 days from the arrival of the approval paper.
For the withdrawn case approved by the NHI Dispute Mediation Committee, the enforcement period mentioned in the preceding Paragraph does not include the period from the date of notification of correction to the correction completion date if the insurer shall make correctioms due to the incomplete documents submitted by the applicant.