Regulations Governing Subsidies for Treatment Expenses of HIV-Infected Persons

2016-11-30
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Article 1
This set of Regulations is formulated in accordance with Paragraph 5, Article 16 of the HIV Infection Control and Patient Rights Protection Act (hereafter referred to as the Act).
Article 2
Medication initiation after confirmed diagnosis of HIV-infected persons (hereafter referred to as the infected), formulated in Paragraph 3 and Paragraph 4, Article 16 of the Act, refers to the day antiretroviral medicines are prescribed by physicians after the confirmed diagnosis of the infected is made.
Article 3
The subsidized persons of this set of regulations are the infected reported by medical personnel to the competent authorities, and meeting one of the following qualifications:
1. Nationals with household registrations;
2. The following three categories of persons whose appeal have been approved by the central competent authority on record before February 6, 2015 when the amended Act became effective:
1). Foreign spouses (including the mainland China, Hong Kong, and Macau) infected by national spouses.
2). Foreign spouses (including the mainland China, Hong Kong and Macau) infected during medical procedures in Taiwan.
3). Nationals without household registration who have legally resided in the Taiwan Area.
3. The following three categories of persons who reside legally in the Taiwan Area:
1). Foreign spouses (including those from mainland China, Hong Kong, and Macau).
2). Overstaying descendants of nationalist military personnel from Thailand and Myanmar, and Tibetans overstaying in Taiwan.
3). Foreigners (including those from mainland China, Hong Kong, and Macau) who become infected during medical procedures in Taiwan.
4. Others who are deemed necessary to receive treatment, periodic examinations and testing by the central competent authority.
Article 4
Municipality, county (city) competent authorities shall verify and issue national medical care service cards (hereafter referred to as the service cards) to subsidized persons in the preceding Article. Their categories and valid dates are as follows:
1. Certification card: Persons meeting Sub-paragraph 1 as well as Item 1 and Item 2, Sub-paragraph 2 of the preceding Article, valid for life.
2. Temporary card:
1). Persons meeting Item 3, Sub-paragraph 2 and Sub-paragraph 3 of the preceding Article: valid during the residence period specified in the residence certificate of the Taiwan Area.
2). Persons meeting Sub-paragraph 4 of the preceding Article: valid for three months, which however may be extended upon application if there are special needs.
Article 5
When the infected visit designated medical institutions for laboratory testing or medical care, they shall present the following documents:
1. National identification card, valid residence certificate or other documents sufficient to prove their identification.
2. Service card.
When designated medical institutions verify qualification documents mentioned in the preceding Paragraph and discover documents are either expired or not in accordance with the regulations of this set of Regulations, they shall not accept the infected’s application.
After the infected receive laboratory testing or medical care, designated medical institutions shall present laboratory testing reports, examination reports and relevant information to apply to the central competent authority for subsidies under the regulations of Paragraph 3 and Paragraph 4, Article 16 of the Act.
Article 6
Items of which designated medical institutions may apply for the subsidies are as follows:
1. HIV treatment-related expenses including diagnostic fees during outpatient and inpatient care.
2. Expenses of antiretroviral medications.
3. Pharmaceutical service fees on antiretroviral medications.
4. Laboratory service fees on tests for HIV viral load and CD4 cell count.
5. Other items designated by the central competent authorities.
The subsidies baselines of the preceding Paragraph are as follows:
1. By the items and fee schedules formulated by the central competent authority.
2. By The National Health Insurance Medical Service Items and Fee Schedule.
3. By The National Health Insurance Pharmaceutical Benefits and Reimbursement Schedule.
Prescriptions of antiretroviral medications formulated in Sub-paragraph 2 and Sub-paragraph 4 of Paragraph 1 shall be in accordance with the regulations formulated by the central competent authority.
When applying for subsidies of Paragraph 1, designated medical institutions shall present laboratory testing reports, examination reports and relevant information of the tested or the infected.
Article 7
Prescriptions of laboratory testing and antiretroviral medications subsidized by this set of Regulations shall be in accordance with the regulations formulated by the central competent authority.
The subsidies baselines for Paragraph 3 of Article 5 are as follows:
1. By The National Health Insurance Medical Service Items and Fee Schedule.
2. By The National Health Insurance Pharmaceutical Benefits and Reimbursement Schedule.
3. By the items and fee schedules formulated by the central competent authority.
Article 8
The central competent authority shall not subsidize the following expenses:
1. Registration fees, diet expenses, certificate fees, differences in ward fees, and other medical costs not related to medical care of HIV.
2. Prescriptions not in accordance with the regulations of Paragraph 3 of Article 6 or Paragraph 1 of the preceding Article formulated by the central competent authority.
Hemophilic patients infected with HIV during medical procedures are not restricted by regulations of Sub-paragraph 1 of the preceding Paragraph.
Article 9
The central competent authority may entrust the Ministry of Health and Welfare affiliated Department of National Health Insurance to process application, verification and subsidization.
Designated medical institutions are granted to follow relevant regulations of the National Health Insurance to apply for subsidies.
Article 10
Subsidized persons, if fail to take medicines or receive medical procedures by physician’s orders or waste medical resources, competent authorities may take one of the following actions depending on the gravity of circumstances:
1. Municipality, county (city) competent authorities supervise the infected to accept medical care at designated medical institutions.
2. The central competent authority suspends subsidies temporarily; the temporary suspension period does not stop the calculation of the two-year period from the day of confirmed diagnosis.
When qualifications of subsidized persons do not meet regulations of Article 3, municipality, county (city) competent authorities shall annul and withdraw their subsidies, and cancel their service cards mentioned in Article 4.
Article 11
Funds for this set of Regulations shall be budgeted annually by the central competent authority.
Article 12
This set of Regulations, with the exception of Article 2 and Article 7 that are to be implemented on February 4, 2017, shall be effective on the day of announcement; Article 6 shall become ineffective on February 4, 2017.