The Organization Act of the National Health Insurance Administration, Ministry of Health and Welfare
1.中華民國八十三年十二月三十日總統(83)華總(一)義字第 8158 號 令制定公布全文 29 條 2.中華民國九十八年一月二十三日總統華總一義字第 09800019301 號令 修正公布名稱及全文 9 條;本法施行日期,由行政院以命令定之 (原名稱:中央健康保險局組織條例;新名稱:行政院衛生署中央健康 保險局組織法) 中華民國九十八年十一月十日行政院院授研綜字第 0982261513 號令發 布定自九十九年一月一日施行 3.中華民國一百零二年六月十九日總統華總一義字第 10200113951 號令 修正公布名稱及全文 9 條;施行日期,由行政院以命令定之 (原名稱:行政院衛生署中央健康保險局組織法;新名稱:衛生福利部 中央健康保險署組織法) 中華民國一百零二年七月十日行政院院授研綜字第 1022260532 號令發 布定自一百零二年七月二十三日施行
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For the purpose of administering the National Health Insurance affairs, the Ministry of Health and Welfare has established the National Health Insurance Administration (hereinafter referred to as “NHIA”).
1NHIA shall be in charge of the following matters:
21. The formulation, planning and implementation of the underwriting process of the National Health Insurance.
32. The formulation, planning and implementation of the finance of the National Health Insurance.
43. The formulation, planning and implementation of medical payment benefit, reimbursement of medical expense and health services management.
54. The formulation, planning and implementation of the National Health Insurance drugs and medical devices.
65. The formulation, planning and implementation of the review of medical services provided by the National Health Insurance and enhancement of medical quality.
76. Integrated planning of the implementation of the National Health Insurance.
87. The formulation, planning and implementation of information related matters of the National Health Insurance.
98. Any other matter in relation to the National Health Insurance.
1NHIA shall have one Director General whose rank is equivalent to senior appointment at the grade of thirteen (13) and two Deputy Directors General whose rank is equivalent to senior appointment at the grade of twelve (12).
2Both the above positions may be held by medical personnel whose rank is equivalent to Shih (1) grade according to the Medical Personnel Management Act.
The Administration shall have one Chief Secretary whose rank is equivalent to senior appointment at the grade of eleven (11).
1The ranks, grades and headcounts of the positions of NHIA shall be set forth in the Table of Organization.
2The total number of NHIA headcounts is between 2,797 to 3,033 persons who are not subject to the Category 1 maximum personnel headcounts set forth in the Act Governing the Total Number of Personnel Headcounts of Central Government Agencies.
1The grade and rank of the re-assigned position and the pension of the current NHIA personnel who were qualified as civil servants before the Act takes effect shall be governed by the regulations jointly enacted by the Examination Yuan and the Executive Yuan. Notwithstanding, if the pay of a person who is re-assigned to a new position according to the said regulations approved by the Ministry of Civil Service based on his/her position grade and rank as well as the pay rate is lower than that before the Act takes effect, the said person may opt to have the difference paid at his or her own will. The difference shall be offset with the adjustment of his or her salary and no application for living allowances shall be made during the period when the difference is paid. Or, alternatively, the said person who opts not to have the difference paid is entitled to living allowances according to the applicable rules.
2The person in the preceding paragraph is not subject to the restrictions in relation to special examinations qualifiers and transfers set forth in the Civil Service Examinations Act and Civil Service Employment Act. Notwithstanding, if the aforementioned person is re-transferred, the position to be transferred shall be limited to those in the original authority which requests for the examination and its subordinate agencies as well as NHIA.
3The current NHIA personnel who were not qualified as civil servants before the Act takes effect may continue to be appointed until they resign or retire from the positions according to the originally applicable laws and regulations.
4The contract (hired) employee and assistant who were originally employed by NHIA and included in the headcounts before the Act takes effect shall be listed for management purposes and continue to hold the same positions. The said employee and assistant shall be subject to the originally applicable laws and regulations until they resign or retire from the positions.
In the event that the Act is enacted during the year, the expenditures required for personnel administration and management arising from the re-allocation of personnel headcounts and duties may be met by the original annual budget without being subject to the limitations set forth in Articles 62 and 63 of the Budget Act.
NHIA shall establish a special fund to administer National Health Insurance related matters.
The Executive Yuan shall decide upon the date of implementation of this Act.
6A janitor who was certified staff and originally employed by NHIA before the Act takes effect shall continue to be employed according to the Points Governing Janitor Management and his or her pay shall also be governed by the Points. In the event that the pay of the said janitor is lower than that received by him or her before the Act takes effect, the janitor may opt to have the difference paid at his or her own will. The difference shall be offset with the adjustment of his or her salary and no application for living allowances shall be made during the period when the difference is paid. Or, alternatively, the said janitor who opts not to have the difference paid is entitled to living allowances according to the applicable rules.
7Adjustment of salary in Paragraphs 1, 5 and 6 shall refer to the adjustment of salary caused by the adjustment of salary of all military, public and teaching personnel, change of positions (promotion) or promotion of the annual performance (evaluation) rating.