Examining Subrogation in Association with National Health Insurance in Public Safety Accidents

• Main Authors: Ying-Chen He, 何盈蓁
• Other Authors: Tsung-Jung Liu
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/73140876564319540514

碩士 === 國立臺灣大學 === 法律學研究所 === 101 === The National Health Insurance Act came into force on March 1, 1995 which consolidated the original portions of social insurance and medical care into National Health Insurance (NHI) as a whole, facilitating in Taiwan''s progress in a universal coverage. However, medical expenses increased year by year that since 1998, NHI has caused to make ends meet financially with its being launched not a few years ago; I believe that the review of existed subrogation system of National Health Insurance Bureau (BNHI) and further improvement as well as implementation may be helpful to improve finance condition behind NHI. Although the National Health Insurance Act expanded the scope of subrogation rights exercised by BNHI to a range of public safety accidents, other severe accidents, pollution or food intoxication. However, even though the aforementioned expanded subrogation system has been established, for the contention as to traditions including but not limited to the nature of subrogation, claiming scope have not been further clarified, plus that in the supplementary version of the Act, such events as public safety accidents, other types of traffic accidents, pollution and food intoxication are divided into two subsections, which are prone to cause conflict; besides, the chaos derived from each existed provision as to the compulsory insurance have extra complexity in the exercise of subrogation rights by BNHI. Furthermore, it has been 8 years since such expanded subrogation system was exercised that results have been poor, where no matter the number of case or amount in the request, has not reached subrogation requested to the insurer in the compulsory automobile liability insurance for car accident set forth in Subsection 1 of the same article and the cost behind is also much higher than that in a car accident. For some issues incurred with the aforementioned expansion of subrogation system, I would like to consider some sorts of analysis and comparison as to relevant legislations, academic theories, practices of judgments and actual data in this thesis to seek any way of reviewing and improving such subrogation system specified for NHI applying public safety incident.