A Study on the Relationship between the Right of Health and Global Budget System of the National Health Insurance

• Main Authors: Cheng-Hong Su, 蘇政宏
• Other Authors: 李恵宗
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/84340163693607214717

碩士 === 國立中興大學 === 科技法律研究所 === 97 === From many states constitution or international conventions can visible the right of health depending on the pursuit of a state of complete physical and mental health, since the inauguration of National Health Insurance (NHI) in Taiwan in 1995, the purpose of the NHI is enacted to promote the health of all nationals, to administer national health insurance and to provide health services, the operation of the NHI depend on the stability financial operating and well medical payment system to support. In Taiwan, the Fee For Service scheme from Government Employee’s Insurance and Labor Insurance systems is adopted that results in the medical expenses increased yearly. The global budget system not only have remarkable effect on control medical expenditure but also have considerable impact on medical institutions. Under the global budget cap policies and floating value, it directs impact on the state of hospitals operation and the medical convenience of the people and the protection of the quality of medical care. Judicial Yuan Interpretation No. 472 establish that the NHI has the obligation to place all the people under its protection through the adoption of a compulsory system, whether the implementation of global budget system have possibilities of infringing people’s rights to health or have the protection beneficial to maintain the dignity of the people health, both the purpose of this study. The purpose of the right to health was a state of complete physical and mental wellbeing, the medical institution and the people both under the great impact of the implementation of global budget system, the relevant measures of the global budget system have possibilities of infringing people’s rights to health or continue to implement it necessary, we can inspect its legitimacy and essence of rationality in future. By studying on this issue, the consciousness of the right to heath can be enhanced so as to protect the rights and interests to people’s health.