The Organization Act of the National Health Insurance Administration, Ministry of Health and Welfare

2013-06-19
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Article 1
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”).
Article 2
NHIA shall be in charge of the following matters:
1. The formulation, planning and implementation of the underwriting process of the National Health Insurance.
2. The formulation, planning and implementation of the finance of the National Health Insurance.
3. The formulation, planning and implementation of medical payment benefit, reimbursement of medical expense and health services management.
4. The formulation, planning and implementation of the National Health Insurance drugs and medical devices.
5. The formulation, planning and implementation of the review of medical services provided by the National Health Insurance and enhancement of medical quality.
6. Integrated planning of the implementation of the National Health Insurance.
7. The formulation, planning and implementation of information related matters of the National Health Insurance.
8. Any other matter in relation to the National Health Insurance.
Article 3
NHIA 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).
Both the above positions may be held by medical personnel whose rank is equivalent to Shih (1) grade according to the Medical Personnel Management Act.
Article 4
The Administration shall have one Chief Secretary whose rank is equivalent to senior appointment at the grade of eleven (11).
Article 5
The ranks, grades and headcounts of the positions of NHIA shall be set forth in the Table of Organization.
The 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.
Article 6
The 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.
The 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.
The 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.
The 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.
The pay, pension and severance of a security guard who was originally employed by NHIA before the Act takes effect shall be governed by the Rules Governing Establishment and Administration of Police Stationed in Various Institutions, Schools and Organizations. If the pay of the said security guard is lower than that received by him or her before the Act takes effect, the security guard 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 security guard who opts not to have the difference paid is entitled to living allowances according to the applicable rules.
A 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.
Adjustment 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.
Article 7
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.
Article 8
NHIA shall establish a special fund to administer National Health Insurance related matters.
Article 9
The Executive Yuan shall decide upon the date of implementation of this Act.