Artykuły w czasopismach na temat „Health insurance rights”
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1
Jeong, Byungseok. "Joint Tortfeasor's Right of Contribution in Overlapping Liability Insurance: A Critical Review of Supreme Court Decision of 2009. 12. 24., 2009Da42819". Institute for Legal Studies Chonnam National University 43, nr 3 (31.08.2023): 243–78. http://dx.doi.org/10.38133/cnulawreview.2023.43.3.243.
Pełny tekst źródłaStreszczenie:
As indicated in the ruling at issue, the contribution right arising from the underlying torts and the right of contribution arising out of overlapping insurance coverage coexist and can be exercised simultaneously, in competition, or successively. However, once one contribution right is satisfied, the other is proportionately diminished. The decision at issue, clarifying these legal principles and providing a specific method for calculating the amount of subrogation claims, is significant as a case of first impression on these issues.
This paper’s main arguments can be summarized as follows: 1. In liability insurance, it is crucial to consider concepts such as the insurable interests, the sum insured, and the amount of insurance coverage. Especially when unlimited liability insurance is one of the overlapping insurances, or when both are unlimited in liability, determining the amount to be paid respectively by the insurers, which serves as the basis for apportioning compensation liability among insurers, becomes unfeasible.
2. It is questionable whether the direct contribution rights among insurers are acquired from the subrogation of the right of insured or from the direct claim rights of the victim. The author maintains that this contribution right among the insurers arises from the internal relations among multiple obligors liable to the victim. This right therefore is sui generis.
3. The exercise of contribution rights among insurers involves separating the portion of liability attributable to the fault of the other party, and claiming the share of the overlapping insurance portion remaining after the first contribution. However, the result of the calculation remains the same, whether the proportion of overlapping insurance is applied first to the entire compensation liability or not.
4. The right of contribution concerning the torts and the right concerning overlapping insurances are independent and separate causes of action, however, they should be treated and managed in litigation process without any contradiction.
2
Parmet, Wendy, i Simon Fischer. "Human rights and immigrants’ access to care". Salud Pública de México 55, nr 6 (7.11.2013): 631. http://dx.doi.org/10.21149/spm.v55i6.7309.
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Although the human right to health is well established under international law, many states limit non-citizens’ participation in public insurance programs. In the United States, immigrants face especially high barriers due to the lack of recognition of a broad right to health as well as federal statutes restricting many immigrants’ eligibility to federally-funded insurance. High rates of uninsurance among immigrants have a detrimental effect on their health, as well as on the health of citizens who live in their communities. Finch vs. Commonwealth Health Insurance Connector, a recent case decided by the Supreme Judicial Court of Massachusetts, recognized the rights of legal immigrants in Massachusetts to state-supported health care, and demonstrates the importance of insuring immigrants in broadly-based, rather than immigrant-specific, programs.
3
Silvers, Anita, i Leslie Francis. "Human Rights, Civil Rights: Prescribing Disability Discrimination Prevention in Packaging Essential Health Benefits". Journal of Law, Medicine & Ethics 41, nr 4 (2013): 781–91. http://dx.doi.org/10.1111/jlme.12089.
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Health care insurance schemes, whether private or public, are notoriously unaccommodating to individuals with disabilities. While most nonelderly nondisabled persons in the U.S. are insured through private sources, coverage sources for nonelderly persons with disabilities have traditionally been a mix of private and public coverage. For all age groups, the employment-to-population ratio is much lower for persons with a disability than for those with no disability. Moreover, employed persons with a disability were more likely to be self-employed than those with no disability. As a group, therefore, nonelderly people with disabilities have not been as well positioned as others to obtain private health care insurance because in the U.S., acquiring such coverage usually is employer based.
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Elman oğlu Zamanov, Ceyhun. "Social insurance of the population in Azerbaijan". SCIENTIFIC WORK 15, nr 3 (24.03.2021): 109–11. http://dx.doi.org/10.36719/2663-4619/64/109-111.
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Throughout history, people have felt the need to secure themselves and their families against possible risks in their lives. These demands developed the concept of social security and brought up the social rights to be offered to people. In every society, states form an integrity of practices aimed at meeting the basic needs of their citizens. The concept of social security includes many applications, from all kinds of rights related to health expenses from birth to death, to the rights during the periods they work and retire. Since having healthy individuals is the most important issue in the development of societies, the health rights offered take the first place in social security. Countries should make very good planning in the health services they provide. Since healthcare services also require a serious financial resource, when societies are examined, they continuously improve themselves, make reforms, and try other country model applications to meet their health needs from the first day until today. Keywords: insurance, Azerbaijan, social, economy
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Strapazzon, Carlos Luiz, i Robison Tramontina. "Constitutional social rights without a social security philosophy". Revista Brasileira de Direitos Fundamentais & Justiça 10, nr 35 (30.12.2016): 227–51. http://dx.doi.org/10.30899/dfj.v10i35.101.
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Brazilian constitutional law has a broad and multidimensional conception of fundamental rights. The so-called Welfare Rights are part of them. They are not only formally grounded on Title II, the Bill of Fundamental Rights, but are also protected by particular Constitutional Actions established as means for judicial implementation thereof. Welfare Rights as healthcare, social insurance and social care services for the most vulnerable, enjoy, therefore, a preferential position within the Brazilian system of constitutional rights. This article maintains that in spite of adopting a strong constitutional framework for healthcare, social insurance and socialcare services, the lack of a consistent and coherent political philosophy for welfare state seriously undermine the progressive implementation of these constitutional rights. In the first part the manuscript seeks to clarify the causes of this circumstance of recognition of health, socialcare and social insurance as fundamental rights without equivalent recognition of social security as a proper human right. Afterwards, the article is particularly concerned with the features of the judicialization of social rights. As a matter of conclusion, the article points out this situationas a paradox by addressing the lack of a proper philosophy of social security in a context of strong constitutional protection for health, social insurance and social care services.
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Diep, Dao Mong, Nguyen Dao Mai Khanh i Dao The Dong. "rights to enjoy benefit from social insurance of the femalelabor". Linguistics and Culture Review 6 (9.01.2022): 114–25. http://dx.doi.org/10.21744/lingcure.v6ns4.2096.
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Social insurance is the mainstay of the social security policy associated with the employee. The right to have social insurance is the basic and specific right associated with a female worker. This group right includes the right to enjoy the sickness benefit, maternity benefit, Work Injury, Occupational Disease Benefit, Old-age Benefit, Survivor’s Benefit, Medical Benefit (Health Insurance). The state has promulgated the Labor Code, the Law on Social Insurance, and other legal documents to create an implementation guide in order to build an effective legal corridor to protect the rights of female employees in enjoying social insurance. However, in reality, the right to enjoy social insurance of female employees is violated, and there is a gap between legal provisions and practical applications. This scientific paper evaluates the current status of legal provisions on the right to enjoy social insurance of female employees and the practical application of the law. From there, this paper proposes some solutions to improve the law on the right to enjoy social insurance of female employees.
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Nmehielle, Vincent O. "Genomics, Insurance and Human Rights: Is there a Place for Regulatory Frameworks in Africa?" African Journal of Legal Studies 2, nr 1 (2006): 20–34. http://dx.doi.org/10.1163/221097312x13397499736381.
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AbstractThis article examines the human rights dimension of genetic discrimination in Africa, exploring the place of regulatory frameworks while taking into account the disadvantaged position of the average African. This is in response to the tendency of insurance companies toward making health insurance decisions on the basis of individual genetic information, which could result in genetic discrimination or health insurance discrimination based on a person's genetic profile. The author considers such questions as the intersection between human rights (right to life, health, privacy, human dignity and against genetic discrimination) in relation to the insurance industry, as well as the obligations of state and non-state actors to promote, respect, and protect the enjoyment of these rights. The article argues that African nations should not stand aloof in trying to balance the competing interests (scientific, economic and social) presented by the use of genetic information in the health care context and that ultimately it is the responsibility of states to develop domestic policies to protect their most vulnerable citizens and to prevent entrenched private discrimination based on an individual's genes.
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Chisari-Rurak, Aliona. "Mandatory insurance within the framework of employment relations". Supremacy of Law, nr 1 (styczeń 2023): 159–65. http://dx.doi.org/10.52388/2345-1971.2022.e1.14.
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The right to work is one of the fundamental human rights stated in both local and international acts. It is usually realized on the basis of an individual employment contract, resulting in the formation of a legal relationship between the employer and the employee. The relevance of mandatory social insurance and mandatory health insurance organizations cannot be overstated. Obligatory insurance in work relationships strives to give socio-economic assurances to employees who are legally required to be insured by both the public social security system and the compulsory health insurance system. The monthly payment of the social insurance contribution by the employer and the health insurance premium by the employee generates the right to multiple benefits and services established by law.
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Manullang, Sardjana Orba. "Understanding of the health insurance program in the perspective of human rights in Indonesia". International journal of health sciences 6, S1 (21.03.2022): 1646–60. http://dx.doi.org/10.53730/ijhs.v6ns1.4921.
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This paper discusses the public's understanding of the health insurance program from the perspective of human rights in Indonesia. The author believes that the public needs to understand the health insurance program from the point of view of law and human rights as citizens living in Indonesia and democracy. A series of data searches on some insurance and health literature databases were reviewed from a legal perspective. The data that has been collected is then analyzed under a phenomenological approach, a study model that seeks to understand a phenomenon that exists in a context to be described and studied for re-understanding. The data search was carried out by keyword on the Google Scholar search engine in many publications published from 2010 to 2022. Based on the data and research results, we believe that all of these have met the requirements for validity and accuracy of the data to answer the problem. The results, among others, are that based on regulatory law number 24 of 2011, every citizen has the right to get assistance in health and social insurance like life insurance from the state.
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Chumenko, Nikolay Leonidovich. "Health managers: insurance representatives in medical organizations". Glavvrač (Chief Medical Officer), nr 2 (20.01.2022): 40–42. http://dx.doi.org/10.33920/med-03-2202-02.
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Many citizens are still not sufficiently informed about their rights in the field of obtaining medical care under compulsory medical insurance. The SOGAZ-Med insurance representatives, the employees of the insurance medical organization with special training who represent the interests and provide individual support in the provision of medical care guaranteed by law, will be able to help them.
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Zanariyah, Sri, i Ratna Kumala Sari. "THE GOVERNMENT'S ROLE IN HEALTH INSURANCE IN THE PERSPECTIVE OF HUMAN RIGHTS LAW IN INDONESIA". Jurnal Meta-Yuridis 6, nr 2 (1.09.2023): 112–21. http://dx.doi.org/10.26877/m-y.v6i2.16346.
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Human rights are defined as rights attached to human dignity as creatures created by God, and these rights are brought by humans from birth to the face of the earth so that these rights are innate (natural), not a gift from humans or the state. The Indonesian government has provided services in the health sector to the public, by establishing the National Social Security (JSN). The purpose of this research is to find out why health insurance in Indonesia is an activity that can be linked to human rights (HAM) and what is the government's role in implementing health insurance in terms of human rights aspects. The method used in this study is doctrinal (normative) research, so the type of data used is a type of secondary data obtained from literature study. The results of the research can be concluded that the implementation of health insurance follows the social insurance system by providing protection for all people and the government has a role to the implementation of health services based on the principles of humanity, the principle of benefit and the principle of social justice for all people in Indonesia.
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Sustek, Petr, i Michaela Povolna. "RIGHT TO HEALTHCARE: SUSTAINABILITY OF THE INSURANCE SYSTEM AND THE SITUATION IN THE CZECH REPUBLIC / DIREITO À SAÚDE: SUSTENTABILIDADE DO SISTEMA PÚBLICO DE SEGUROSAÚDE E A SITUAÇÃO NA REPÚBLICA TCHECA". Espaço Jurídico Journal of Law [EJJL] 16 (19.02.2016): 69–82. http://dx.doi.org/10.18593/ejjl.v16i3.9783.
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The article deals with the question of right to healthcare as it is set by the Charter of Fundamental Rights and Freedoms of the Czech Republic and at the same time with the question of rationing in healthcare. Rationing in healthcare generally means a process realized by providing different levels of healthcare. In the Czech Republic, rationing in healthcare is rather based on a limitation of a treatment’s payment from public health insurance which, however, does not fit the common definitions of rationing. By describing and explaining these crucial questions the article discusses the possibility to limit the constitutional right to healthcare covered by public health insurance in the Czech Republic and shows these possibilities which are based on provisions of the Act No. 48/1997 Sb., on public health insurance. More widely it questions whether the system of public health insurance in the Czech Republic is sustainable at all.Keywords: Healthcare. Rationing. Public health insurance.
13
d'ORONZIO, JOSEPH C. "A Human Right to Healthcare Access: Returning to the Origins of the Patients' Rights Movement". Cambridge Quarterly of Healthcare Ethics 10, nr 3 (29.06.2001): 285–98. http://dx.doi.org/10.1017/s0963180101003085.
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The current concern with reforming and regulating managed care under the general rubric of “patients' rights” has eclipsed the more fundamental need to legislate the human rights of those without adequate access to any healthcare. To characterize the regulatory activity as a “rights” movement inflates its moral dimension. The concept of “rights” carries a serious and powerful moral force that is currently inappropriately applied to the parochial concerns of a segment of the population privileged to have health insurance coverage. By contrast, the language of “rights” refers to a high level of universality for the most rudimentary of human concerns. If there was a universal right to become a patient equal to other patients, a concept of patients' rights would have legitimacy. As it is, however, the central determinant of this “right” is how much the insurance policy costs and what is covered. To so diminish the meaning of “right” within the miasma of managed care is to lose sight of the real possibilities of applying a positive “right” to healthcare and, in the long run, is to diminish the ethics of healthcare.
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Vicki Dwi Purnomo, Ishvi Joenaini Koenti i Andrie Irawan. "Views of Islam and Human Rights Regarding LGBT Regarding Punishment in Accordance with Islamic Shari'a". Formosa Journal of Applied Sciences 2, nr 4 (30.04.2023): 503–24. http://dx.doi.org/10.55927/fjas.v2i4.3695.
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LGBT people are illegal and the law and the government guarantee freedom of religion, expression, association, assembly and the right to privacy. This research was carried out normatively with the aim of the State being able to exercise civil rights directly before a judge, as well as social rights such as housing, social security, health, education, and workers' rights. In Indonesia, LGBT people also receive human rights protection in the form of health insurance to help them recover from illness. Recognition or legalization of deviant LGBT sexual orientation is not a human rights issue.
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Dwi Putra, Jevon Agustinus, i Amal Chalik Sjaaf. "Comparison of the Health Service System and the Universal Health Insurance among Indonesia's Neighboring Countries". Daengku: Journal of Humanities and Social Sciences Innovation 2, nr 4 (17.08.2022): 502–8. http://dx.doi.org/10.35877/454ri.daengku1039.
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The healthcare system is a presuming indicator of the development of a country. The corporality of a welcome healthcare system will provide welfare and health for every citizen. However, the reality is that not all countries have the same rights and access to health services. Therefore, to obtain equal basic needs, right, and access to health services for every citizen, various countries are trying to implement universal/national health insurance. The implementation of universal health insurance is still a challenge for Indonesians. It is also related to the healthcare system that is still low compared to several other developing countries and Indonesia's neighboring countries. Therefore, the purpose of this paper is to find a comparison between the healthcare system and the implementation of universal health insurance among neighboring countries in Indonesia. The analysis of this study was conducted by the literature review method. Each country has unique and different characteristics, so the healthcare system and universal health insurance that apply in each country have advantages and disadvantages. Therefore, every homeland strives for its healthcare system and instead seeks to build a strong, more stable, and stable health system so that every citizen can enjoy a quality and quality healthcare system
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Canady, Valerie A. "Campaign reveals increased awareness among Georgians about parity rights". Mental Health Weekly 34, nr 8 (16.02.2024): 1–3. http://dx.doi.org/10.1002/mhw.33951.
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Observing a mission to elevate awareness of mental health rights in Georgia and increase the public's knowledge of their legal right to insurance coverage for treatment of mental health and substance use disorders, The Carter Center on Feb. 8 released the results of its first Georgia mental health parity awareness campaign at a press conference held during Georgia's inaugural Mental Health Parity Day at the state capitol.
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den Exter, André. "Access to Health Care in the Netherlands: The Influence of (European) Treaty Law". Journal of Law, Medicine & Ethics 33, nr 4 (2005): 698–710. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00537.x.
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In the Netherlands, access to healthcare has been guaranteed by social health insurance legislation. But since the introduction of the Health Insurance Act (“Zikenfondswet”) in the 1960s, the health insurance system has been in a state of flux. Numerous reforms have changed the system gradually, of which the latest is the introduction of a competitive health insurance scheme for the entire population.Cutting across the various reforms has, however, been the goal of access to healthcare services as defined by international treaty law, including European Union law. In particular the leverage of Community law in strengthening the patient’s right to healthcare is remarkable. Since the European Court of Justice (ECJ) has accepted that healthcare should be considered as a service in terms of the EC Treaty, rights to healthcare have become inextricably linked with the free movement principles and are no longer restricted to the jurisdiction of the country of origin.
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Juwita, Ratna. "Good Governance and Anti-Corruption: Responsibility to Protect Universal Health Care in Indonesia". Hasanuddin Law Review 4, nr 2 (30.08.2018): 162. http://dx.doi.org/10.20956/halrev.v4i2.1424.
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The establishment of universal health care marks a new momentum for the progressive realization of the right to health in Indonesia. The problem of corruption in health sector endangers the sustainability of effective and quality health care, therefore, Indonesia established an anti-fraud system to protect the universal health insurance fund. This research seeks to analyze the current anti-fraud system in universal health insurance through the lens of international law and principles of good governance. The sociolegal approach is chosen to study the relationship between the State party obligations to international law and the implementation of international law concerning universal health care and anti-corruption in the designated anti-fraud system. Good governance principles are essential in designing an effective anti-fraud system due to the correlation between human rights and anti-corruption that both areas emphasize good governance principles as guiding principles for the realization of human rights and the making of potent anti-corruption strategy.
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Soroka, O. "Social insurance – guarantee of the right of citizens to social protection due to accidents and occupational diseases on the manufacturer". Law and innovative society, nr 1 (14) (3.07.2020): 41–45. http://dx.doi.org/10.37772/2309-9275-2020-1(14)-6.
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Problem setting. In the transition to a market economy, social rights acquire a fundamentally new meaning, as they are designed to guarantee radical changes in the socio-economic situation of man as a participant in market relations. The Constitution of Ukraine reflects a wide range of social rights of a person and a citizen to work, leisure, social protection, health care, medical care, health insurance, family protection, childhood, motherhood and fatherhood, education, etc. One of the central and universally recognized in the system of social rights of citizens is the right to social protection, the requirement of which is embodied in international acts ratified by Ukraine. The right to social protection is guaranteed by the obligatory state social insurance at the expense of insurance contributions of citizens, enterprises, institutions and organizations, budgetary and other sources of social security, as well as the creation of a network of state, municipal and private institutions for the care of the disabled. Without these guarantees, this right becomes an intention (wish) in the relevant field, has no practical value either for the individual or for society as a whole. Analysis of recent researches and publications. Issues of social insurance were the subject of research by such scientists as V. M. Andriyiv, D. V. Bozhko, N. B. Bolotina, M.M. Klemparsky, O. L. Kuchma, K. Yu. Melnyk, O. V. Moskalenko, P. D. Pilipenko, S.M. Prilipko, V. I. Prokopenko, O. I. Protsevsky, S. M. Sinchuk, I. M. Orphan, B. I. Stashkov, O. V. Tishchenko, L. P. Shumna, M. M. Shumylo, O. M. Yaroshenko, and others. Target of research to consider compulsory state social insurance as a guarantee of the right of citizens to social protection due to accidents and occupational diseases at work. Article’s main body. The main guarantee of a person’s right to social protection due to accidents and occupational diseases at work is compulsory state social insurance. The task of social insurance against accidents at work and occupational diseases that have caused disability is to carry out preventive measures aimed at eliminating harmful, dangerous production factors; prevention of accidents at work, other cases of threat to the health of the insured, caused by working conditions; restoration of health and working capacity of victims at work; compensation for damage related to the loss of insured persons’ wages or the relevant part of it during the performance of their duties, provision of social services in connection with damage to health, as well as in the event of their death, making insurance payments to incapacitated members families. Confirmation of the central place of social insurance against accidents and occupational diseases at work in the system of guarantees of the right of citizens to social protection can serve as indicators of the cost of material support in this area. Conclusions and prospects for the development. As a result of studying the place and role of compulsory state social insurance in the system of guarantees of the right of citizens to social protection due to accidents and occupational diseases at work, we can state that the right to social protection is one of the central and universally recognized social human rights. Compulsory state social insurance is the main material guarantee of the realization of the right of citizens to social protection due to accidents and occupational diseases at work. Its main essence and purpose are to receive the insured person in the event of an insured event from the insurer of material support (temporary disability benefits, burial) and social services (payment for treatment in the rehabilitation departments of the sanatorium after illness and injury) at the expense of the insured.
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Mehmedović, Emir, i Mehmed Hadžić. "Izazovi "nepotpunog zakonodavstva" / Challenges of "Incomplete Legislation"". Pregled: časopis za društvena pitanja / Periodical for social issues 62, nr 2 (29.11.2021): 61–86. http://dx.doi.org/10.48052/19865244.2021.2.61.
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The employment status of police officers in BiH is regulated by the Law on Police Officers of Bosnia and Herzegovina and the Labour Law in Institutions of Bosnia and Herzegovina, which the basic texts were adopted in 2004 with a number of amendments that followed in later years. In the context of the relationship between these two laws, the Law on Police Officers is a lex specialis in relation to the Labour Law in Institutions of BiH. Unlike the employment status of police officers of BiH, which is insufficiently but still regulated, the segment of social security of these officers, specifically social insurance, whose basic branches are pension and disability insurance, health insurance and unemployment insurance, is regulated exclusively at the entity level. Which legislation will apply in each case depends solely on the residence of the police officer. In exercising their health insurance rights, specifically the right to a salary, police officers exercise this right to varying degrees, and in certain cases with additional restrictions on exercising their rights depending on their place of residence and consequently the entity legislation applicable to them. Regarding to pension and disability insurance, which is largely harmonized at the entities level, there have been some dilemmas regarding the interpretation of the institute of retirement by some police authorities at the level of Bosnia and Herzegovina. Termination of the employement of police officers is related to the length of pensionable service. Two key questions are related to the institute of special seniority and interpretation of the institute of seniority insurance.
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Flood, Colleen M. "Just Medicare: The Role of Canadian Courts in Determining Health Care Rights and Access". Journal of Law, Medicine & Ethics 33, nr 4 (2005): 669–80. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00535.x.
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Access to care has become a key and contentious issue in the Canadian health care system. In this article, I explore the role of Canadian courts in determining rights to access public health insurance (Medicare), beginning with a brief overview of the Canadian system and its distinguishing features, and then moving to discuss challenges to governmental limits on publicly-funded Medicare using the Canadian Charter of Rights and Freedoms. I argue that the Canadian courts are not, as is often charged, proactive in this area. I question whether the deference exhibited by courts to governmental limits on Medicare is justified given concerns about the fairness of the principles and processes followed by decision-makers. In sharp relief to the judiciary’s conservative approach to applications for better or timely access to publicly-funded Medicare is the recent Supreme Court of Canada’s decision in Chaoulli v. Quebec (Attorney General) which upheld a right to buy private health insurance for “medically necessary” hospital and physician services.
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Magdelinić, Zoran. "PRAVNI I BEZBJEDONOSNI ASPEKTI RADA NA CRNO U CRNOJ GORI". Glasnik prava 12, nr 1 (2021): 53–65. http://dx.doi.org/10.46793/gp.1201.053m.
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Every employee in the of Montenegro enjoys certain employment rights. Among others, this includes the rights to earnings, safety at work, health care, personal integrity protection, dignity of personality, rights due to temporary illnesses due to illness, loss of working ability, age and material compensation due to temporary hindrance. In this regard, special rights are enjoyed by employed women during pregnancy and childbirth, then minors who are employed and persons with disabilities. Also, employees in the of Montenegro are entitled to contributions for compulsory social security, which provide funds for the financing of compulsory social insurance, which includes pension and disability insurance, health insurance and insurance in the case of temporary unemployment. Unfortunately, practice proves that these workers' rights are often ignored. Therefore, the notion of work on the black, which is actually a form of exploitation of labor, is created, works with a compensation below the envisaged minimum, without contribution for compulsory social security. From that, problems arise, which will be dealt with separately in this paper, relating to the safety of workers in black and increasingly often unfortunate cases, with a mortal epilogue for working people.
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Nino Machavariani. "UNIVERSAL HEALTH COVERAGE PROGRAMME AND STUDENT INSURANCE BENEFITS IN GEORGIA". World Science 2, nr 1(41) (31.01.2019): 23–28. http://dx.doi.org/10.31435/rsglobal_ws/31012019/6302.
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The aim of study was discovery and evaluation of existed options for students at contemporary insurance market, estimation of the awareness level among them and discovering correlation between level of ignorance and the rate of visiting healthcare facilities. Despite existence of instruction “Provision by insurer of all essential information to the customer while delivering insurance services” knowledge about student insurance details is extremely low, which is direct violation of consumer rights. No information comes from other governmental agencies, whose role in this regard apparently should be increased.
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Acharya, Devaraj, Bishnu Prasad Wagle i Radha Bhattarai. "Illness, Healthcare, and Health Insurance: Socio-economic Perspective in Nepalese Context". Nepalese Journal of Insurance and Social Security 2, nr 2 (31.12.2019): 1–9. http://dx.doi.org/10.3126/njiss.v2i2.31824.
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The Government of Nepal has introduced a health insurance programme since 2016. The main essence of the program is to reduce the gap in the utilization of health services between poor and rich, to reduce the out-of pocket expenditure while receiving the healthcare services, and to protect the family from poverty due to catastrophic healthcare expenditure. Researchers review the policy, programme and existing practice Data from Health Insurance Board shows that the programme appears not so effective in many districts but it looks successful in some districts where private healthcare providers are existing as a referral hospital. It is still unanswered whether the HIP is going to boost industrialists in the name of basic rights, health equity and social justice. The paper studies socio-economic and political perspectives of healthcare and health insurance with reference to Nepal and concludes that the healthcare system needs to reform for real welfare, social justice, and citizens' access and right to healthcare.
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Kvanina, V. V., i M. N. Lokteva. "About Certain Issues of Hard Selling of Insurance Services when Concluding a Loan Agreement: Law and Practice". Courier of Kutafin Moscow State Law University (MSAL)), nr 7 (23.09.2022): 94–102. http://dx.doi.org/10.17803/2311-5998.2022.95.7.094-102.
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Based on the analysis of materials of law enforcement practice on the issue of imposing additional insurance services on the borrower at the conclusion of a loan agreement, the most typical cases of violation of the borrower’s rights regarding compliance with their right to refuse additional insurance services, including life and/or health insurance of the borrower, have been identified; providing the borrower with a consumer loan on the same terms if the borrower has independently insured his life, health/ other insurance interest in favor of the lender from the insurer that meets the criteria established by the lender in accordance with the requirements of the legislation; refund to the policyholder of the insurance premium paid in case of refusal of the policyholder from the voluntary insurance contract, etc.The article proposes at the legislative level to fix the bank’s obligation to reflect in lending documents information about the full cost of the loan with the presence of risk insurance, as well as information about the full cost of the loan without the purchase of insurance services, and, accordingly, the consolidation of this right in the insurance policy, which will give the relationship between the bank and the borrower more transparency.
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Kosanović, Rajko, i Hristo Anđelski. "Rights from health insurance in the Republic of Serbia (1922-2015)". Zdravstvena zastita 44, nr 6 (2015): 18–40. http://dx.doi.org/10.5937/zz1505018k.
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Saini, Arunima, Monika Agarwal i Amit Kumar. "Health insurance: Uptake, perception and its determinants among health care seekers at a tertiary care hospital in Lucknow, India". Journal of Community Health Management 9, nr 4 (15.12.2022): 209–15. http://dx.doi.org/10.18231/j.jchm.2022.039.
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Health Insurance has come to the forefront of Public Health Policy with the launch of Ayushman Bharat. Government spending on health is dismal compared to other countries, even within the same income bracket, and health insurance is being proposed as the way out. Although health insurance is not a new concept, people are still unfamiliar with it. Hence, the present study was conducted to assess the utilization, awareness and perception regarding health insurance policies in patients attending OPD at a Tertiary Care Hospital.It was a cross-sectional study carried out among the patients attending the outpatient department of a Tertiary Care Hospital, Lucknow from October 2020 to January 2021. Study participants were interviewed using a semi-structured questionnaire. The data obtained were analyzed using SPSS version 26. Though the majority (84.3%) of the participants had heard about the existence of health insurance policies, only one-third (33.6%) of the participants were covered under health insurance policy. Inadequate knowledge regarding benefits, low income, preference for other investments, and no felt need were some of the barriers to subscription.Inadequate knowledge regarding health insurance among health care seekers is a major roadblock in the government's ambitious project of Ayushman Bharat and other health insurance schemes. Emphasis should be given to educating the people regarding their rights and the benefits of health insurance.
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Park, Se min. "Under the National Health Insurance Act, the possibility of subrogation right of creditors by insurance companies for the return of unfair enrichment for arbitrary non bnefit coverage". Korean Insurance Law Association 17, nr 2 (30.06.2023): 333–76. http://dx.doi.org/10.36248/kdps.2023.17.2.333.
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If a medical institution's medical practice to a patient is not listed on the benefit coverage or statutory non benefit coverage under the National Health Insurance Act, the medical practice is a arbitrary non-benefit coverage that has not been approved for safety and effectiveness. In principle, it cannot perform the medical practice on the patient and of course cannot receive medical expenses. These arbitrary non-benefits coverage are not covered by private medical expense insurance. The court's basic position on arbitrary non-benefit coverage treatment and receipt of medical expenses is said to be invalid as a violation of compulsory laws unless there are special circumstances. The Supreme Court interprets that the receipt of medical expenses is valid if several conditions are met even for arbitrary non-benefit coverage medical treatment. It is difficult to say that there was sincere consent from the patient in the target judgment in this paper, and it is difficult to find the inevitability or urgency of implementing arbitrary non-benefit coverage medical practices without implementing other medical practices listed on the benefit coverage or statutory non-benefit coverage list. Therefore, the conditions proposed by the Supreme Court were not met, and the arbitrary non-benefit coverage treatment act is interpreted as illegal. The patient will have a claim to return unfair gains from the medical institution, and if the patient receives insurance money equivalent to medical expenses from the private medical expense insurance company, the insurance company will have the right to claim the return of unfair gains from the patient. At this time, there is a question of whether an insurance company can exercise the unjust enrichment claim of medical expenses that the patient has against the medical institution to satisfy his/her claim. The Supreme Court recently determined that it was impossible for insurers to exercise their subrogation rights to medical institution. As a basis, it is cited that the debtor is insolvent and that the insurance company can individually exercise the right to claim the return of insurance money against the insured(patient). However, the debtor's incapacity requirement is not necessarily required at a time when the purpose of exercising the creditor's subrogation right is changing from the preservation function of the responsible property to a means of realizing the creditor's rights. In addition, it is clear that insurance companies cannot freely file a lawsuit against their customers for the return of insurance money due to regulations by financial regulators. Insurance companies that fail to recover insurance money even after paying insurance money for arbitrary non-benefit coverage will suffer disadvantages such as a rise in the loss rate, which will eventually lead to an increase in insurance premiums. It is unfair to allow medical institutions that have performed arbitrary non-benefit coverage treatment activities that are not allowed to keep medical expenses as they are. Under these circumstances, subrogation right of creditors should be allowed to insurance companies.
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Maharani, Ni Made Rika Dwi, i Dr I. Nyoman Bagiastra SH MH. "Legal protection for patients using health social security agency". International Journal of Judicial Law 3, nr 4 (2024): 01–04. http://dx.doi.org/10.54660/ijjl.2024.3.4.01-04.
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The purpose of this research is to find out and regulate the legal protection and responsibilities of health insurance institutions toward health insurance participants. The research method used is the normative research method. Using a legal and analytical approach. The legal material used was tracked using literary techniques. The outcome of this writing is that, given the many cases of discrimination against patients by health insurance agencies, legal protection is necessary to protect the rights of patients from social health insurance agents. Moreover, the responsibility of the health administration and social security institutions is also imperative for patients from the social security administration bodies because the health services provided are not in accordance with the regulations in force. This liability can arise from the receipt of discriminatory complaints from participants in the health insurance organization. Disputes may be settled through mediation or dispute settlement with the state administration, according to the area of residence.
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Safonov, A. L., M. A. Anyushina i O. A. Dubrovskaya. "FORMATION OF PENSION RIGHTS OF CITIZENS OF THE RUSSIAN FEDERATION IN THE SYSTEM OF COMPULSORY PENSION INSURANCE". Social and labor researches 42, nr 1 (2021): 54–63. http://dx.doi.org/10.34022/2658-3712-2021-42-1-54-63.
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The present paper defines that the changes made to the pension legislation in the process of the ongoing pension reform have seriously modernized the mechanism for the formation of pension rights of persons insured in the compulsory pension insurance system, and have tightened the conditions for assigning old-age pensions. The analysis made it possible to identify the features of the formation of pension rights in terms of insurance and funded pensions for various categories of insured persons. Assessment of the pension rights for 2017 of 27,015 thousand employees of medium and large organizations and individual entrepreneurs insured in the compulsory pension insurance system (CPS), made it possible to conclude that under the current rules for the formation of pension rights to persons insured in the compulsory pension insurance system, in the conditions of the economic crisis prevailing in the Russian Federation, after the end of the transition period in 2024, a significant category of employees will need more than 15 years of insurance experience to be eligible to assign an old-age insurance pension. Starting from 2024, the number of people who have not received the right to an old-age insurance pension and who can expect to receive a social old-age pension only after five years will significantly increase among those who have reached retirement age. Among those retiring, the number of persons who have formed the minimum retirement points will increase; accordingly, in the future, the number of pensioners receiving the minimum pension, the size of which is lower than the pensioner's subsistence minimum, will increase. The authors concluded that to improve the situation with the formation of pension rights, first of all, it is necessary to stabilize the economic situation in the country, to ensure the development of the economy, to increase the income of the insured in the compulsory pension insurance system. In addition, it is necessary to activate the state policy in the field of legalization of labor relations, make changes to the mechanism for the formation of pension rights, linking this mechanism with the real contribution of the employee throughout his labor activity, thereby increasing his interest in the formation of pensions, and for categories of employees with traditional low incomes and those employed in socially significant spheres of activity (for example, education, health care, science) to make the transition to the state pension system.
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Vlaskovic, Veljko. "(Ne) Mogućnost ostvarivanja prava deteta na zdravlje i prava deteta na socijalno obezbeđenje". Forum 2, nr 1-2 (grudzień 2020): 3–26. http://dx.doi.org/10.46793/forum20.03v.
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Human rights from the category of economic, social and cultural rights closely resemble moral ideas and proclamations. Therefore they must be realized progressively and gradually, in accordance with the available resources and with respect to minimum core obligations of the States Parties. The child’s right to health and child’s right to social security are typical examples of it. In this paper, the author deals with the problems of interpretation of those rights and their implementation at the national level, with special regard to the Serbian legislation. Special attention is paid to implementation of child’s right to health and child’s right to social security in the area of health care and social protection. The child’s right to health is directly incorporated into domestic law including various entitlements acquired by the child as a patient. Among these entitlements, the most significant are those involving child’s participation rights, such as the right of the child to consent to medical treatment. On the other hand, the child’s right to social security has not been directly incorporated into domestic law, but its implementation is dispersed over the rules on social care and different forms of health insurance. Thereby, a child is primarily considered as a passive user of social security services.
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WESNA, Putu Ayu Sriasih, i Edward WIJAYA. "Registration Of The Buying And Sale Of Land Rights Post Implementation Of The Presidential Instruction Number 1 Of 2022 Concerning Optimization Of The Implementation Of The National Health Security Program". Protection: Journal Of Land And Environmental Law 1, nr 2 (30.11.2022): 86–96. http://dx.doi.org/10.38142/pjlel.v1i2.516.
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Land sales and purchases must be completed prior to the PPAT that intended to give legal clarity and protection to the owner of a land parcel or other registered right so that he may readily establish his ownership of the relevant right and for the efficient administration of property. Fundamental guidelines that must be followed when purchasing and selling land are the transaction procedure and the certificate document's validity. The government released Presidential Instruction of the Republic of Indonesia (Inpres) Number 1 of 2022 on Optimum Implementation of the National Health Insurance Program (JKN). The Presidential Instruction regulates the requirements for managing a number of public services such as buying and selling land, making SIM, STNK, SKCK, Haji and Umrah which must be registered as BPJS Health participants. In the Inpres Number 1 of 2022, the government instructed 30 ministries/agencies to require JKN-KIS for various purposes to ensure that all people are protected by health insurance. Some of these policies seem to have no relationship or connection, but they are actually very closely correlated. The government wants to ensure that all levels of society have health insurance, especially the upper middle class who have not been registered with the JKN-KIS program. BPJS Health participant cards is one of the requirements for buying and selling land. The BPJS Health participant card is a requirement in the application for registration services for the transfer of land rights or ownership rights to flat units due to buying and selling.
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Luhukay, Roni Sulistyanto. "KONSEKUENSI HUKUM TERHADAP VAKSINASI DALAM PERPEKTIF HAM". Lex Journal : Kajian Hukum dan Keadilan 5, nr 2 (10.06.2022): 236–54. http://dx.doi.org/10.25139/lex.v5i2.4580.
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The increase in Covid patients in Indonesia has made the Indonesian government work quickly in increasing the community's immunity by vaccinating as a form of government responsibility in providing health insurance. The government's responsibility is not only limited to giving gifts, but the government is responsible for post-work follow-up events (KIPI), namely medical events suspected of involving works of art. The government remains responsible for patients who experience health problems. In the implementation in Jakarta, there are considerations between regulations that require vaccines with punitive consequences and human rights arrangements that guarantee the right to health, which is a personal right. by giving individuals the right to determine health services for themselves. For this reason, it is a right that comes from an idea in constitutionalism to limit the power of power in such a way, so that the exercise of power is not arbitrary and thus it is hoped that the rights of citizens will be more protected, because that right has arisen before the constitution was created. alone.
Keywords: Information, Law, Vaccination, Human Rights.
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Rammila, Davy. "Evaluating the potential impact of National Health Insurance on medical scheme members' rights to have access to health-care services in South Africa". Law, Democracy and Development 27 (8.11.2023): 360–91. http://dx.doi.org/10.17159/2077-4907/2023/ldd.v27.14.
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The National Health Insurance Bill proposes to establish a national health insurance scheme that aims to provide universal access to health-care services for everyone. Section 33 of the Bill also proposes to limit the provision of parallel services by medical schemes if such services are provided or covered by the tabled NHI scheme. The establishment of the NHI scheme is likely to have a negative effect on the existing access rights of general private health-care users, particularly members of medical schemes. The NHI scheme may enhance access to and the quality of health-care services for millions; however, enabling large portions of the population to access services currently provided by costly private practitioners - services at present almost exclusive to a minority - is not without its perils. It risks negatively impacting on existing access rights and reducing the quality currently enjoyed by users of private health-care services. The propriety of these potential infringements is not necessarily suspect, and may in fact be justifiable. However, this contribution argues that the limitation proposed under section 33 of the NHI Bill is cause for concern. The contribution explores the state's constitutional duty to observe and respect the right of members of medical schemes to access health-care services. It uncovers the constitutional shortcomings of the limitation, and argues that it does not appear to serve any particular legitimate economic or legal purpose.
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Bonastia, Christopher. "The Historical Trajectory of Civil Rights Enforcement in Health Care". Journal of Policy History 18, nr 3 (lipiec 2006): 362–86. http://dx.doi.org/10.1353/jph.2006.0006.
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Since the late 1960s, federal civil rights enforcement initiatives in health have been half-hearted and ineffective. The historical failure of the federal government to address the possible role of racial discrimination has taken place despite considerable evidence that, for a number of services, racial and ethnic minorities continue to receive inferior treatment to that accorded to whites. In many cases, these treatment differences remain even after controlling for socioeconomic and insurance statuses, and standard covariates such as patient age, health status, and gender.
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Capandová, Petra. "Selected Issues of Legislation with regard to Operating Pharmacies in the Slovak Republic / Vybrané problémy právnej úpravy prevádzkovania lekární v podmienkach Slovenskej republiky". Acta Facultatis Pharmaceuticae Universitatis Comenianae 62, nr 1 (1.06.2015): 1–8. http://dx.doi.org/10.1515/afpuc-2015-0003.
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Abstract Among the basic rights and freedoms, stipulated in the Constitution of the Slovak Republic, are right to protection of health, free medical care based on health insurance, right to medical aids under conditions stipulated by law. These rights are guaranteed through provisions of Art. 40 of the Constitution of the Slovak Republic as part of Economic, Social and Cultural Rights and they apply to every individual. Since these rights are considered to be human rights under the international law, they are guaranteed by multilateral treaties in which Slovak Republic is a signatory, such as International Covenant on Economic, Social and Cultural Rights. Legal regulation of operating pharmacies in the Slovak Republic covers a broad scope of issues and is quite extensive. Through concerted legislative effort, the legislator had tried to set rules that would make the legal environment in this sector more transparent and easier to navigate through. In some areas, the rules were set by the legislature of the European Union (EU) and the Slovak legislature only adapted them. The most important aspect of legal regulation in this sphere that is not completely regulated by the EU legislature is providing pharmaceutical care and usage of the public health insurance system with regard to providing pharmaceutical care. The main aim of this study is to point out select issues that are associated with the position of a pharmacy operator and obligations stipulated in the Medicines Act 2011 that must be observed and incorporated into the running of a pharmacy. This area of business is fairly strictly regulated and therefore it is necessary to get acquainted with the relevant legislation. The study addresses several issues regulated by the Medicines Act 2011 or the Appropriate Pharmaceutical Practice Regulation 2012 from the legal-theoretical perspective.
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Rusmitasari, Heni, Supriatin Supriatin, Mohamad Sadli, Lili Amaliah, Teten Tresnawan, Suyitno Suyitno i Maretalinia Maretalinia. "Factors Related to Employer Health Insurance Contribution During COVID-19 Epidemic in Indonesia". JURNAL INFO KESEHATAN 21, nr 3 (30.09.2023): 479–87. http://dx.doi.org/10.31965/infokes.vol21.iss3.1208.
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The COVID-19 pandemic impacted all sectors of the world, including business. In fact, the employer faced a collapse, and many employees were determined. Another issue is health insurance, which might change before and during the pandemic. The objective of this study was to examine the factors associated with the employer’s contribution to health insurance during COVID-19. The secondary data, “Rapid Gender Assessment Survey 2021”, was used on 239 employees in Indonesia. The dependent variable in this study was employer contribution to health insurance during the pandemic (yes or no) and the main independent variable was employer contribution before the pandemic. Other sociodemographic variables were also included in the model as controls. This study used univariate, bivariate, and multivariate (binary logistic regression). The result of this study revealed that employers who contributed to health insurance before the pandemic tend to contribute again to health insurance during the pandemic. This study also reviews the legal law, including regulations about national health insurance and employment. The government’s intention is needed to ensure the rights of employees are well realized.
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Tiller, Jane, i Martin B. Delatycki. "Genetic discrimination in life insurance: a human rights issue". Journal of Medical Ethics 47, nr 7 (15.06.2021): 484–85. http://dx.doi.org/10.1136/medethics-2021-107645.
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Adventa, Yohanes Iddo, Ardiansah Ardiansah i Bagio Kadaryanto. "PEMENUHAN HAK PELAYANAN KESEHATAN PESERTA BPJS DITINJAU DARI PERSPEKTIF KEBIJAKAN JAMINAN KESEHATAN". JURNAL TRIAS POLITIKA 7, nr 1 (5.04.2023): 107–18. http://dx.doi.org/10.33373/jtp.v7i1.4948.
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ABSTRACTThe fulfillment of the right to health services is a constitutional right of every Indonesian citizen. Therefore, the purpose of this study is to analyze the fulfillment of the rights of participants in the Social Security Administering Body (BPJS) from the perspective of Presidential Regulation Number 64 of 2020 concerning Health Insurance. This type of research is normative legal research. The data used in this study is secondary data consisting of primary legal material in the form of statutory provisions, secondary legal material in the form of text books, literature and writings of experts in general. Data collection techniques in this study were carried out through library research. The rights of citizens to health insurance will not be fulfilled by the state if these citizens do not carry out their obligations in the form of paying contributions for health insurance. The ideal fulfillment of the rights of BPJS participants from the perspective of Presidential Regulation Number 64 of 2020 concerning Health Insurance is that each participant must pay contributions no later than the 10th of each month. In addition, BPJS Health is required to record and collect arrears as BPJS Health receivables for a maximum of 24 (twenty four) months. Furthermore, ideally, BPJS Health will collect fines according to the number of months in arrears.ABSTRAKPemenuhan hak pelayanan kesehatan merupakan hak konstitusional setiap warga negara Indonesia. Oleh karena itu, tujuan dari penelitian ini adalah untuk menganalisis pemenuhan hak peserta Badan Penyelenggara Jaminan Sosial (BPJS) ditinjau dari perspektif Peraturan Presiden Nomor 64 Tahun 2020 tentang Jaminan Kesehatan. Jenis penelitian ini adalah yuridis normatif. Data yang digunakan di dalam penelitian ini adalah data sekunder yang terdiri dari bahan hukum primer berupa ketentuan perundang-undangan, bahan hukum sekunder berupa buku-buku teks, literatur dan tulisan-tulisan para ahli pada umumnya. Teknik pengumpulan data dalam penelitian ini dilakukan melalui cara penelitian kepustakaan. Hak warga negara atas jaminan kesehatan tidak akan dipenuhi oleh negara apabila warga negara tersebut tidak melaksanakan kewajibannya dalam bentuk membayar iuran atas jaminan kesehatan. Pemenuhan hak peserta BPJS yang ideal ditinjau dari perspektif Peraturan Presiden Nomor 64 Tahun 2020 tentang Jaminan Kesehatan adalah setiap peserta wajib membayar iuran paling lambat tanggal 10 setiap bulan. Selain itu, BPJS Kesehatan wajib mencatat dan menagih tunggakan iuran sebagai piutang BPJS Kesehatan paling banyak untuk 24 (dua puluh empat) bulan. Selanjutnya, idealnya, BPJS Kesehatan memungut denda kepada sesuai dengan jumlah bulan tertunggak.
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Harahap, Raihana septiani. "CONSUMER PROTECTION FOR HEALTH SERVICES USERS OF SOCIAL HEALTH SECURITY ADMINISTERING BODIES FROM AN ISLAMIC PERSPECTIVE (Research Study at Sawang Community Health Center, North Aceh)". Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) 3 (30.12.2023): 0016. http://dx.doi.org/10.29103/micolls.v3i-.350.
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Consumer protection is the pursuit of legal certainty and safeguards for customers. In Indonesia, this extends to all citizens, including civil servants, retired TNI/POLRI recipients, veterans, and other State-Owned Enterprises, who are covered by National Health Insurance. This insurance is managed by the Social Health Security Administering Body, a legal entity directly accountable to the President. The establishment of this body aimed to ensure the well-being of participants and their families by providing essential living necessities. Within this context, several significant issues arise. One pertains to how the Health Social Security Administering Body safeguards the rights of patients at the Sawang Health Center. Additionally, there are challenges in upholding patient rights at this center. Empirical juridical research was employed to investigate these matters, involving data from human interactions through interviews, direct observations, physical evidence, and archives. The findings reveal that some rights remain unfulfilled. For instance, patients holding Social Security Administering Agency cards may face prosecution if they seek treatment at a health facility different from the one listed on their card. Furthermore, many cards, including BPJS cards, Resident Identity Cards, or Family Cards, are not registered with the Population and Civil Registration Service (Dukcapil), creating obstacles for the Sawang Community Health Center. To address these challenges, efforts should be made to prevent prosecution for patients with cards that differ from their treatment facility, ensuring they receive necessary medication. Additionally, inactive Social Security Administering Body cards should be reactivated to enhance access to healthcare. In summary, consumer protection in the context of healthcare at the Sawang Community Health Center and the role of the Social Security Administering Agency is a complex issue. Addressing challenges related to card discrepancies and inactivity is crucial for the protection of patient rights in this setting
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Zhuravlyova, Zoria. "THE FINANCIAL AND LEGAL ASPECTS OF REGULATION OF COMPULSORY SOCIAL MEDICAL INSURANCE IN UKRAINE". Scientific Notes Series Law 1, nr 9 (2020): 89–91. http://dx.doi.org/10.36550/2522-9230-2020-1-9-89-91.
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The article, by analyzing the legal acts and the results of research in the field of regulation of relations on compulsory social health insurance, considers some legal aspects of financial and legal regulation of health insurance in Ukraine. The author emphasizes the importance of introducing the institution of compulsory social health insurance, as its development and introduction of financial and legal mechanism for regulating relations in this area is a guarantee of balanced budget spending on medicine, proper implementation of citizens' rights to health care. It is determined that all these issues concerning the formation of financial funds formed in health insurance, their replenishment, distribution and use, have a public financial nature, and therefore require and are subject to financial and legal regulation. The conclusion on the content of financial and legal regulation of compulsory social health insurance as a system of legal means of government regulation of the organization and activities of subjects and objects of management in the field of health care.
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Pradana, Alif Widhi. "Policyholder protection for insurance companies with default claims: comparative analysis in Indonesia and the UK". Borobudur Law Review 3, nr 1 (27.02.2021): 1–15. http://dx.doi.org/10.31603/burrev.4232.
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The condition of insurance in Indonesia can be categorized as wildly chaotic because the rights of insurance policyholder cannot be secured by Indonesian insurance company. Jiwasraya and Bumiputera default case is clear evidence of the incompetence insurance company in managing insurance business in Indonesia. As a comparison, United Kingdom capable to manage insurance industry and be able to protect the rights of insurance policyholder. This study aims to compare the protection of insurance policyholders in Indonesia and the United Kingdom. The research method that is used in this study is a normative research method through a comparative way that compares two different legal systems. This study is carried out through a qualitative approach. This study's results are that Indonesia and the United Kingdom have similarities and differences in the protection of insurance policyholders. Through Law number 40 of 2014 concerning insurance and Financial Services Authority (OJK) decision regulation, Indonesia has governed the provision of insurance policyholder protection in the insurance company's condition failed to pay an insurance claim. The mechanism is by using Financial health Planning and Insolvency procedures through the bankruptcy of an insurance company that is regulated under Law no 37 of 2004. Whereas, in the United Kingdom, the legal basis of insurance policyholder protection is Financial Services and Market Act. FSCS must secure insurance claims when the insurance company has a financial problem paying insurance claims toward the policyholder.
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Laksana, @febri. "Febri dwi laksana, Evaluasi Program Jamianan Kesehatan Indonesia (Studi Kasus Penanganan Covid 19 di Indonesia)". Afiasi : Jurnal Kesehatan Masyarakat 5, nr 3 (25.12.2020): 142–51. http://dx.doi.org/10.31943/afiasi.v5i3.102.
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World health organization, WHO, guarantees that every community in the world gets a good standard of health services. Through Universal Health Coverage, it is hoped that countries around the world are able to raise the level of health services that have so far been overlooked. This is done as an effort to guarantee human rights that guarantee rights freedom of life and the right to health services. But the health standard system (UHC) is still lacking in its application in Indonesia. This is seen from several important points that occur in Indonesia. Hospital facilities are still inadequate, especially hospitals in the region. In this paper I will provide information regarding evaluations carried out on the health insurance program in Indonesia with case studies of how to deal with Covid 19 in Indonesia whether it is in accordance with health standards or not.
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Kafaa, Kafa Abdallah. "Special Health Insurance as an Inclusive Social Protection Program for People with Disabilities". Jurnal Ilmiah Peuradeun 9, nr 1 (30.01.2021): 71. http://dx.doi.org/10.26811/peuradeun.v9i1.462.
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The article illustrated the intervention of government within poverty alleviation through inclusive social protection for People With Disabilities. By studying Special Health Insurance program in the Special Region of Yogyakarta, it assumes that the existence of the program has occurred from a rights-based perspective in inclusive health configuration. It is based on the case study approach that aimed to explain the Special Health Insurance program implementation to extend coverage to all People With Disabilities. The main result provided the Special Health Insurance-integrated scheme program can be more inclusively and accessible for People With Disabilities than former social protection programs in Indonesia. It has finally provided the best practice for the social protection program as a social policy tool focusing on disability.
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Fuhrmann, Italo Roberto. "Social Rights in Comparative Constitutional Law: Right to Health in the Perspective of the Brazilian and German Constitutional Courts". Verfassung in Recht und Übersee 56, nr 4 (2023): 783–98. http://dx.doi.org/10.5771/0506-7286-2023-4-783.
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This article deals specifically with the current phenomenon of the judicialisation of social rights in Brazilian and German Constitutional Courts, taking as practical example the right to health. A progressive increase in the number of lawsuits in Brazil involving health insurance plans, expensive and experimental medicines and hospital admissions has been noted in the last years. The main obstacles to the judicial realization of social rights in Brazil are the alleged violation of the principle of separation of powers – branches of state – for decisions regarding the allocation of public financial resources, the absence of a previously prepared public policy and the impossibility of universalizing social demands due to economic-financial limitations. Nevertheless, the legal categories of the ’existential minimum’ and the ‘duty of progressivity’ have been used in the most recent decisions of the Brazilian Supreme Court as a way of realising social rights under strong influence of the German Federal Constitutional Court and international human rights law. Finally, the situation of Brazil before the Inter-American Court of Human Rights regarding the implementation of social rights in a structural context of exclusion and poverty is analysed.
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Bylykbashi, Juliana, i Eneida Sema Dervishi. "Biological Damage, as a Special Figure of Non-pecuniary Damage and Problems Encountered in Albanian Jurisprudence". Journal of International Cooperation and Development 2, nr 2 (10.11.2019): 92. http://dx.doi.org/10.36941/jicd-2019-0015.
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Non-pecuniary damage is one of the institutes of civil law that aims to protect and restore the rights of personality laid out in certain provisions of the Constitution of the Republic of Albania and expressly referred to in Article 8 of the European Convention on Fundamental Human Rights and Freedoms. Judicial jurisprudence has rendered non-pecuniary damage in the case of health damage, physical or psychological integrity in three separate types of damage: biological damage, moral and existential damage. The subject of this paper will be one of the figures of non-pecuniary damage, biological damage or otherwise called damage to health, being a matter of little or no treatment and the problems it faces in Albanian jurisprudence. One of the topics to be dealt with in this paper is the manner and criteria for calculating health insurance compensation, a topic that has met discussions about the actual value of the compensation or the value of the expected income that the injured party or relatives should receive from social insurance. In the provisions related to the value of the compensation coverage, insurance laws and bylaws foresee certain limitations, not only in the method of calculating non-pecuniary damages, but also with regard to the minimum amount of insurance coverage by the insurance companies. Referring to Albanian court practices there have been cases where there has been discrepancies in the calculation of biological damage between the insurance companies and the court.
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Purwaningsi, Rhika, Yuhelson Yuhelson i I. Wayan Karya. "KEPASTIAN HUKUM KARTU PESERTA BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) SEBAGAI SYARAT PENDAFTARAN PERALIHAN HAK TERKAIT KARTU YANG TIDAK AKTIF". SENTRI: Jurnal Riset Ilmiah 2, nr 6 (6.06.2023): 2010–18. http://dx.doi.org/10.55681/sentri.v2i6.999.
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Requirements and requirements for registering for land rights transfer before and after the existence of INPRES No.01 of 2022 concerning Optimization of the Implementation of the National Health Insurance Program and the implementation and correlation of the BPJS Health Card to land rights transfer registration. The research method in writing this thesis is penelitian normative law, namely legal research using secondary data as the main material obtained from library research, and supported by information obtained in the field. From the results of the study, it can be concluded that: a transfer of land rights that do not use the card of the social security organizing agency, based on the theory of legal work. this is what drives that the theory of legal work in terms of transfer of rights that requires the use of Social Security Administration cards is ineffective; b. The transfer of land rights due to sale and purchase is carried out to obtain legal certainty for those who buy a plot of land. certainty of the identity of the owner of the piece of land registered with the Ministry of Agrarian and Spatial Planning / local national land office. However, for the reason of Optimizing the Implementation of the National Health Insurance Program, the BPJS Health Card is used as a requirement to register land rights due to buying and selling
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Abdullah AlNemer, Hashem. "Perception of the Benefits and Features of Health Insurance Policies Offered by the Employers: Empirical Findings from Saudi Arabia". International Journal of Business and Management 13, nr 6 (16.05.2018): 214. http://dx.doi.org/10.5539/ijbm.v13n6p214.
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Government of Saudi Arabia is concerned and committed to improve the living standards of its people by enhancing, and standardizing healthcare service and education industry of the country which accounted for 36 percent of the budget in 2017, however, the spending was influenced by drop in oil revenues. The spending on healthcare services was reduced by 34% in 2016, from $42.67 billion in 2015 to $27.97 billion in 2016 (MOH, 2016). The decrease in government spending came as a strategy to increase the participation of private healthcare sector expenditure. Consequently, Ministry of Health (MOH) and Council of Cooperative Health Insurance (CCHI) have made medical insurance a must for non-Saudi residents (Expatriates) and their families. It’s the responsibility of Sponsor (Employer) to provide medical insurance to the expatriate and his/her family in Saudi Arabia. Accordingly, Health insurance in the form of Compulsory Employment-Based Health Insurance (CEBHI) was introduced in Saudi Arabia to regulate and ensure the provision of healthcare for expatriates working in the private sector, whilst providing financial protection against their healthcare expenses. It is prohibited for any employer not to participate in CEBHI, non-compliance to this law is punishable offence. However, despite these strong regulation, which comes in favor of expatriates, a number of complains been raised by expatriates of poor health care services due to employer unwillingness to provide proper health insurance policy, as a result of expensive premium. No studies have been conducted to systematically document expatriates’ perceptions in the health insurance industry. This paper attempts to fill the gap. The paper reports results about the perceptions of 324 expatriates at private sector in Saudi Arabia. The research found that most expatriates’ bout their policy from an intermediary with a weak knowledge about the insurance business, they also indicate their willingness to attend awareness lessons to educate themselves about the features of their health insurance policy. Expatriates also clarified that the policy they possess have a weak quality with limited benefits. The results indicated that there is a need to launch a measuring and controlling mechanisms, to control employer compliance with CEBHI regulations, to protect expatriates’ rights in getting proper health care service by having the right health insurance policy.
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Lim, Ji-Yeun, i Kye-Hyun Kim. "A Study on the National Health Insurance Service's Special Judicial Police Rights Act". Journal of Legal Studies 31, nr 4 (30.10.2023): 167–93. http://dx.doi.org/10.35223/gnulaw.31.4.8.
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Arroyo-Laguna, Juan, Mariella Huánuco, Pedro La Chira i David Jumpa Armas. "Migration and health right: Probabilistic estimate of the factors that impact on health right of the migrant population, Peru 2019–2021". PLOS ONE 18, nr 12 (6.12.2023): e0288584. http://dx.doi.org/10.1371/journal.pone.0288584.
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The study aims to identify factors associated with the violation of the right to health of the regular migrant population with respect to the nonmigrant population in Peru during the period 2019–2021, based on the complaints of health services users. It is a three-year cross-sectional and retrospective study on a total population of 122,505 complainants to the National Superintendency of Health (SUSALUD). The types of health rights used were those established in Peruvian Law No. 29414. An unordered multinomial probability model was used to estimate the probability of belonging to five types of violated rights based on the regular migrant and nonmigrant population, and the exogenous variables that affect this probability. The individual significance tests of the model, the tests for combining categories and the test of independence of irrelevant alternatives by means of the Wald and Hausman-McFadden tests were previously taken. The results indicated an increase in complaints from regular migrants of 5.6% in the 2019–2021 period unlike nonmigrants who had a decrease of 12.2%. The greatest probability that health rights of regular migrants are violated refers to access to information and the right to care and recovery, where their probability of violation is 27.7% and 25.4%, respectively (p-v < 0.05, CI = 95%). Likewise, health rights are more likely to be violated if they are women; if they are adults (41 years old on average); if they do not possess any type of health insurance; if they use Peruvian Ministry of Health (MINSA) services; and if they are located in metropolitan cities, such as Lima and Callao.