Laws Information

法規資訊
Title: Regulations Governing Subrogation in National Health Insurance for Significant Traffic Accidents, Public Nuisance Accidents, and Food Poisoning Accidents
Am Date: 2012-11-02
Legislative History: Amended and promulgated on 2 November 2012 in accordance with Department of Health, Executive Yuan Order Wei-Shu-Chien-Pao-Tzu No. 1012660264

Transaction

Amendment

Article 1
These regulations are enacted in accordance with Paragraph 2 of Article 95 of the National Health Insurance Act (hereinafter referred to as “the Act”).

Article 2
The “significant traffic accident” set forth in Subparagraph 3 of Paragraph 1 of Article 95 of the Act refers to:
1. An accident of a vehicle, to which the Compulsory Automobile Liability Insurance Act does not apply, in the course of the vehicle’s travel on the road;
2. An accident that occurs in railway, high speed railway or mass rapid transit system during movement;
3. An accident of a vessel while the vessel is navigating in the sea, on waters or moving under water; or
4. An accident of an aircraft in the course of the aircraft’s flight.

Article 3
The “public nuisance accident” set forth in Subparagraph 3 of Paragraph 1 of Article 95 of the Act refers to damage to the national health arising from human factors that endanger the living environment. The range of such an accident covers water pollution, air pollution, soil pollution, noise, vibration, noxious odors, waste, toxic substance pollution, land subsidence, radioactive pollution and any other activity designated and officially announced as public nuisances by the central competent authority.

Article 4
The “food poisoning accident” set forth in Subparagraph 3 of Paragraph 1 of Article 95 of the Act refers to more than two persons (included) eating the same food and consequentially experiencing similar symptoms with the same type of pathogen extracted from suspicious remained food samples, human biological samples such as the patient’s excrement, vomit, or blood, or other related environmental samples.

Article 5
The term “significant” ser forth in Subparagraph 3 of Paragraph 1 of Article 95 of the Act refers to a total amount of medical benefit payment of over NT$100,000 under the National Health Insurance (hereinafter referred to as “this Insurance”) for the same accident or event defined in the three preceding articles.
The amount specified in the preceding paragraph is calculated based on the benefits paid within a month from the date of benefit payment provided under this Insurance.

Article 13
The right of subrogation prescribed in Article 95 of the Act shall not be affected by any settlement between the Third Party and the beneficiary under this Insurance.

Article 15
The Regulations shall take effect upon promulgation.
The amendments made to these regulations shall come into force on January 1, 2013.