Decision No. 14/2012/QĐ-TTg Amending and supplementing certain provisions of Decision No. 139/2002/QĐ-TTg dated October 15, 2002 of the Government on medical examination and treatment for the poor.

Pursuant to …;

Amending and supplementing certain provisions of Decision No. 139/2002/QĐ-TTg dated October 15, 2002 of the Prime Minister on medical examination and treatment for the poor Regarding medical examination and treatment for the poor

_____________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Medical Examination and Treatment dated November 23, 2009;

Pursuant to the Health Insurance Law dated November 14, 2008;

Pursuant to Decision No. 139/2002/QĐ-TTg dated October 15, 2002 of the Prime Minister on medical examination and treatment for the poor;

Considering the proposal of the Minister of Health,

Pursuant to …;

Article 1. Amending and supplementing certain provisions of Decision No. 139/2002/QĐ-TTg dated October 15, 2002 of the Prime Minister on medical examination and treatment for the poor as follows:

1. Article 2 shall be amended and supplemented as follows:

"Article 2. The subjects entitled to the support regime for medical examination and treatment under this Decision include:

1. Persons belonging to households classified as poor according to the current regulations of the Prime Minister on poverty standards.

2. Ethnic minority people residing in communes, wards, towns located in difficult areas as stipulated in Decision No. 30/2007/QĐ-TTg dated March 5, 2007 of the Prime Minister.

3. Persons eligible to receive monthly social assistance benefits as prescribed by law and persons being cared for at state social welfare institutions.

4. Persons suffering from cancer, undergoing dialysis, heart surgery, or other diseases with high costs that they cannot afford to pay."

2. Article 3 is amended and supplemented as follows:

"Article 3. Financial sources of the Medical Examination and Treatment Fund for the Poor

1. The Medical Examination and Treatment Fund for the Poor is a state fund operating on a non-profit basis, aimed at preserving and developing capital resources, formed from the following sources:

a) State budget support for the Medical Examination and Treatment Fund for the Poor to implement the regimes prescribed in Clause 1, 2, and 3 of Article 4 of Decision No. 139/2002/QĐ-TTg according to the current state budget management hierarchy.

b) Contributions from domestic and foreign organizations and individuals.

c) Other legitimate financial sources.

2. The Fund shall open an account at the state treasury system."

3. Article 4 is amended and supplemented as follows:

"Article 4. Support regimes

The Chairman of the People's Committee of the province shall be responsible for organizing, managing, and using the Medical Examination and Treatment Fund for the Poor in accordance with the following provisions:

1. Providing food allowance for the subjects specified in Clause 1 and 2 of Article 2 of Decision No. 139/2002/QĐ-TTg when hospitalized at state medical facilities at the district level or higher, with a minimum amount of 3% of the national minimum wage per patient per day.

2. Providing travel allowance from home to hospital, from hospital back home, and hospital transfer for the subjects specified in Clause 1 and 2 of Article 2 of Decision No. 139/2002/QĐ-TTg when hospitalized at state medical facilities at the district level or higher, emergency cases, death, or severe illness where family members wish to bring them home but are not covered by health insurance.

a) In case of using transportation provided by state medical facilities: Reimburse the transportation cost for both the outbound and return trips for the facility transferring the patient based on 0.2 liters of gasoline per kilometer traveled and the gasoline price at the time of use, plus bridge, ferry, and road toll fees (if applicable). If more than one patient is transported on the same vehicle, the reimbursement will only be calculated as if transporting one patient.

b) In case of not using transportation provided by state medical facilities: Reimburse the one-way travel cost for the patient based on 0.2 liters of gasoline per kilometer traveled for one way, calculated based on the distance traveled and the gasoline price at the time of use. The designated medical facility transferring the patient shall reimburse the patient's transportation cost and then settle with the Medical Examination and Treatment Fund for the Poor.

3. Supporting part of the out-of-pocket expenses for medical examination and treatment under health insurance for the subjects specified in Clause 1, 2, and 3 of Article 2 of Decision No. 139/2002/QĐ-TTg, as prescribed by the Health Insurance Law and its guiding documents, for amounts exceeding VND 100,000.

4. Supporting part of the out-of-pocket expenses for medical examination and treatment for the subjects specified in Clause 4 of Article 2 of Decision No. 139/2002/QĐ-TTg for amounts exceeding VND 1 million per episode of medical examination and treatment when there is no health insurance coverage; if there is health insurance coverage, support as stipulated in Clause 3 of Article 4 of Decision No. 139/2002/QĐ-TTg.

5. In cases where patients choose medical examination and treatment facilities outside their assigned network or seek medical examination and treatment on demand, the payment of medical examination and treatment costs shall be made in accordance with the current regulations."

Article 2. Repeal Article 5 of Decision No. 139/2002/QĐ-TTg dated October 15, 2002, of the Government on medical examination and treatment for the poor.

Article 3. Mechanism and organization of implementation

1. Provincial People's Committees shall be responsible for consolidating, maintaining, and developing the Medical Examination and Treatment Fund for the Poor established pursuant to Decision No. 139/2002/QĐ-TTg dated October 15, 2002, of the Government on medical examination and treatment for the poor; specifying in detail the procedures, formalities, and levels of support for the contents stipulated in Clause 3, Article 1 of this Decision in accordance with the budget balancing capacity of the Medical Examination and Treatment Fund for the Poor at the local level.

2. The Medical Examination and Treatment Fund for the Poor shall be balanced within the annual state budget estimate of the locality.

3. The Ministry of Health shall take the lead and coordinate with the Ministry of Finance to guide the implementation of this Decision.

4. The Ministry of Labor, Invalids and Social Affairs shall coordinate with the Committee for Ethnic Minorities to guide localities in identifying beneficiaries eligible for support under this Decision.

5. The Ministry of Planning and Investment shall coordinate with provincial People's Committees, the Ministry of Foreign Affairs, the Ministry of Finance, and the Ministry of Health to mobilize contributions from domestic and foreign organizations and individuals, governments of other countries, and non-governmental organizations to support the Fund.

6. Request the Vietnam Fatherland Front Central Committee and its member organizations to mobilize organizations and individuals to support the Medical Examination and Treatment Fund for the Poor and supervise the implementation in accordance with this Decision.

Article 4. Implementation provisions

This Decision replaces the provisions regarding partial cost support for food, accommodation, and travel expenses for in-patients (treated at hospitals at the district level or higher) set forth in Clause 2 and Clause 3, Article 1 of Decision No. 113/2009/QĐ-TTg dated September 11, 2009, of the Government supplementing certain articles of Decisions No. 24/2008/QĐ-TTg, No. 25/2008/QĐ-TTg, No. 26/2008/QĐ-TTg, and No. 27/2008/QĐ-TTg dated February 5, 2008, of the Government on certain mechanisms and policies to support economic and social development in the North Central region, the Central Highlands, the Mekong Delta, and the Northern Midlands and Mountainous Region until 2010.

Article 5. This Decision takes effect from April 15, 2012.

Article 6. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees, and Chairpersons of municipal People's Committees directly under the central government shall be responsible for implementing this Decision.