Regulations Governing the Operational Procedures and Compensation for Designation and Expropriation for the Establishment of Quarantine and Isolation Site and Requisition of Related Personnel
1.中華民國八十九年六月二十七日行政院衛生署(89)衛署疾管字第 890 37831 號令訂定發布全文 12 條;並自發布日起施行 2.中華民國九十三年七月三十日行政院衛生署署授疾字第 0930000772 號 令修正發布名稱及全文 16 條;並自發布日施行 (原名稱:傳染病流行時徵用私立醫院或公共場所暨徵調民間醫事人員 作業程序及補償辦法;新名稱:臨時傳染病醫療所設立及補償辦法) 3.中華民國九十七年一月二十一日行政院衛生署署授疾字第 0970000036 號令修正發布名稱及全文 15 條;並自發布日施行 (原名稱:臨時傳染病醫療所設立及補償辦法;新名稱:指定徵用設立 檢疫隔離場所及徵調相關人員作業程序與補償辦法) 4.中華民國九十九年二月三日行政院衛生署署授疾字第 0990000090 號令 修正發布第 5、7、10、11 條條文 5.中華民國一百零三年一月二十一日衛生福利部部授疾字第 1030100007 號令修正發布第 10 條條文
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This set of Regulations is formulated in accordance with regulations of Paragraph 3, Article 53 of the Communicable Disease Control Act (hereafter referred to as the Act).
1The medical personnel mentioned in this set of Regulations follow regulations of the Medical Care Act.
2The other personnel mentioned in this set of Regulations refer to non-medical personnel that are workers necessary for the establishment of quarantine or isolation sites.
1The establishing organizations mentioned in this set of Regulations refer to, in accordance with regulations of Article 53 of the Act, government organizations at various levels that, by instructions of the commanding officer of the central epidemics command center (hereafter referred to as the commanding officer), designate or expropriate medical care institutions or public places to set up quarantine or isolation sites and may requisition personnel to assist in disease control.
2Local competent authorities shall, during ordinary time, prepare lists of medical care institutions or public places and names of disease control workers, and by the natures of communicable diseases, categorize, plan and prepare lists of medical care quality of the medical care institutions, adequacy of public places, and specialties in communicable disease control of the medical personnel, and submit them to the central competent authority for record. When information is renewed once every six months, the same applies.
1The establishing organizations shall, by the instructions of the commanding officer, announce the medical care institutions or public places so designated or expropriated.
2The establishing organizations shall, by the instructions of the commanding officer, requisition personnel following the lists so established; when necessary, other related personnel may also be requisitioned to assist in disease control.
1The designation, expropriation and requisition regulated in this set of Regulations shall be made in writing. At time of urgent needs, the written documents may be issued within three days after the designation, expropriation or requisition.
2When communicable diseases are brought under control or are in no fear of transmission, the establishing organizations shall, by the instructions of the commanding officer or upon approval, conclude designation, expropriation or requisition, and prepare written documents within three days after the conclusion.
The implementation of quarantine or isolation measures shall be made in written notice. At time of emergencies, the written notice may be issued within three days after the acceptance of quarantine or isolation. The written notice shall be served on the persons concerned, with copy to the quarantine or isolation sites. When quarantine or isolation is concluded, the same applies.
1The kinds and criteria for the compensation of medical institutions and public places are as follows:
21. Medical institutions
31) Costs for the medical care and board for the acceptance of patients of communicable diseases: paid in accordance with the pay schedules for medical costs of the National Health Insurance and amounts regulated by the central competent authority.
42) Losses of other places, facilities or equipment: compensated through verification by the items and costs of designation or expropriation.
53) For businesses affected by designation or expropriation, the central competent authority may compensate differences of the total National Health Insurance medical costs of the same period of the previous year when they were not designated or expropriated; the compensation period is from the month of designation or expropriation till three months after the conclusion of designation or expropriation.
62. Expropriation of public places: Compensation is made at 20% above the rentals on the realty of public places in the same district or the neighborhood at the time of designation or expropriation. When expropriation period does not exceed 15 days, compensation is made for 15 days; when it exceeds 15 days and not more than 30 days, compensation is made for 30 days.
1Compensation for salaries and allowances of personnel is calculated from the day of requisition till the end; the items and criteria of compensation are as follows:
21. Salaries: according to the original per day payment.
31) For persons employed by public medical care institutions: paid by the original employing institution; if original employing institution fails to pay, paid by the establishing organization.
42) For persons employed by private medical care institutions: paid by the establishing organizations.
52. Allowances: paid by the establishing organizations in accordance with one of the following positions held:
61) Physicians: NT$ 10,000 per person per day;
72) Nurses: NT$ 5,000 per person per shift;
83) Medical personnel other than those of the preceding two items: NT$ 2,000 per person per day;
94) Other personnel: NT$ 1,500 per person per day.
1Items and criteria for the compensation for personnel infected with communicable diseases or die through direct or indirect care (tending) of patients of communicable diseases are as follows:
21. Medical costs: compensated by verification after deduction of the payments of the National Health Insurance;
32. Compensation for physical and mental disabilities:
41) Severe or extremely severe degree of physical and mental disability: a maximum payment up to NT$ ten million;
52) Moderate degree of physical and mental disability: payment up to NT$ five million;
63) Mild degree of physical and mental disability: payment up to NT$ 2,650,000.
73. Funeral costs: NT$ 300,000, paid at one time;
84. Consolation: NT$ ten million, paid at one time;
95. Subsidies for losses other than properties: a maximum payment up to NT$ three million, paid at one time.
1For persons who have been placed under quarantine at a designated quarantine site and are not in violation of any relevant to quarantine regulations, or persons who have been assigned to care for children at a quarantine site, their daily amount of compensation during the duration of quarantine shall be announced by the Central Epidemic Command Center.
2During the period of quarantine in the preceding Paragraph, persons who are paid a salary or subsidized of similar nature by other regulations shall not accept any other form of compensation again.
1Applications for compensation for designation, expropriation, requisition or quarantine shall be made to the establishing organizations by the following regulations.
21. Medical institutions or public places: the person-in-charge fills in the application form and submits it together with certificates of loss or other information sufficient to prove losses;
32. Personnel: person concerned or their legal heir fills in the application form and submits it together with relevant certificates and documents;
43. Persons accepting quarantine: fill in the application form and submit it together with quarantine notice or relevant documents within six months after accepting quarantine.
Upon acceptance of the applications in the preceding Article, the establishing organizations shall, within seven days, investigate the losses due to designation, expropriation or requisition; results of the investigation shall be made within three months after the investigation in written report, and shall complete the review together with the compensation application and other related documents.
The establishing organizations shall, after submitting the results of the review to the head of the organization for approval, notify the applicant in writing with copy to the central competent authority.
Compensation payments shall be made in accordance with the review results of the preceding Article, and appropriation of funds shall be made within three months after the approval.
This set of Regulations shall be implemented on the day of announcement.
11For applications for the compensation under Paragraph 1, if payments for facts regulated by other laws and regulations have already been made, payments shall be deducted.