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Research On The Legal System Of Medical Assistance

Posted on:2017-12-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y J ZhangFull Text:PDF
GTID:1316330512453810Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Medical Assistance is a special social assistance system,the establishment of it is for China's poor sick people.For people that resulting in poor due to illness or plunged into poverty due to illness,Medical Assistance is the fundamental strategy to restore his family,and gradually to completely eradicate poverty.In addition, it is a basic level of medical security system,as a structural supplement for Medical Insurance,The object of its services is poor sick people that mainly medical insurance can not cover.Medical assistance system also has the dual characteristics of relief and security,It is an important government initiatives to protect the poor basic health rights. "Thirteen Five" plan to recommend a comprehensive poverty reduction goals,this means,in the next five years,all of China's poor will out of poverty.To achieve this goal,General Secretary Xi Jinping stressed,the work of Poverty Alleviation and Poverty eradication must be more targeted.In this process, medical assistance also has its special features.If there is no medical assistance or other relief measures,even if the income of poor people reached the bottom line,they will return to poverty.Therefore,in the coming period,medical assistance as an independent institutional arrangements,will have an irreplaceable role and value.China's medical assistance system was respectively established in rural and urban areas,in 2003 and 2005,and achieved full coverage of all urban and rural areas in 2008.After a period of exploration and practice,medical assistance and the associated research of our country have made great progress, it got more and more attention.But it should be noted,since the establishment of China's medical assistance system is “implementation of policy documents,administration of the driving force”,as the result its lack of regulation of legal norms and proceedings.On the one hand, China's current social assistance legislation fails to give adequate attention to the special features of medical assistance,it cannot provide a full range of legal protection for the effective operation of medical assistance.On the other hand,since the legalization of medical assistance lower level,leading to deviated understanding of medical assistance,confused medical assistance and medical insurance,the function of two systems are overlaped,medical assistance system does not really play the right role,and the basic health rights of poor is not fully guaranteed. During this period,the planning and development of medical assistance requires appropriate legislation.Medical assistance related to the basic obligations of government and the fundamental rights of citizens,if there is no strict legal norms,the system will run on the basis of lack of authority.Especially in the background of the rule of law,as an important system medical assistance,related to the government's basic responsibilities and the fundamental rights of citizens and if without legal protection and standardization, it would upset the future and some disordered phenomenon also occurs. Faced with the plight of China's medical assistance system exist in practice run,hope this doctoral thesis related issues through research to better understand the medical assistance system,and make a little contribution to the improvement of China's medical assistance system.This article is divided into six chapters in the structure.Chapter One.Definition Medical Assistance and Medicaid Rights.The first part in the study, "Medicaid" etymology, based on the concept of medical assistance by existing research results of comparative absorption, defined legal meaning of medical assistance,And analysis of the concept of medical assistance and related concepts, in order to clear medical assistance itself has features, which is a logical basis for research to be undertaken.The second part,detailing the history of the evolution of medical assistance.The traditional view that social assistance originated The old Poor Law,in the United Kingdom,however, at that time medical assistance provided by the state is not states' obligations and citizens does not have rights that require the government to provide medical assistance.As a right of citizens,medical assistance from the distribution of conception of justice to social security.The development process of medical assistance by the impact of the development trend of the social security system.Medical assistance in three periods which the period of establishment of the social security system, the period of development of the social security system and the period of reformation of the social security system,respectively, showing a different phase characteristics.In this process,providing medical assistance for poor is obligation of the State,a government must take into account the ideas and system design poor health rights, and gradually known and accepted by all countries of the world.The third part,to define the right to medical assistance. Medical assistance has gone from "grace" to "rights" in the process,become a modern medical assistance have legislation to protect the fundamental rights of citizens.The property of social rights determines the right to medical assistance is a positive fundamental social rights, while only the evolution of the constitutional provisions for the creation of medical assistance system in particular with regard to the rights,and thenthe people who have the right to medical assistance could achieve specific medical assistance and a positive right to request.As a result medical assistance will bear the right to a fair, safe,orderly, efficient value content be reflected in practice.As a specific right, based on "request medical assistance and offer" produced a medical assistance legal relationship, should be legal relations subject in medical assistance legal relationship also around this deployment.The fourth part is the function of medical assistance and targeting of medical aid.This part from different theoretical perspectives to explain the theoretical basis for the existence of medical assistance,to demonstrate the poor medical assistance necessity and feasibility.On this basis, analyzed for the presence of the value of medical assistance.As a system of medical assistance, not only to meet the basic survival needs of the poor, to achieve the fair value of the health care sector,but also enhance the ability of poor people out of poverty combating poverty.Chapter Two.Analysis of the implementation of Medical Assistance System in China.The first part describes the establishment and development of medical care in our country.After publicly funded health care reform,medical treatment becomes very difficult,and it has become a social issues, in order to solve the difficult problem of poor medical treatment, the government began to implement medical assistance system.China's medical assistance system has gone through several stages, the initial establishment of urban and rural comprehensive coverage, standardized development after the rapid development of the “ new medical reform”,after the formal merger of urban and rural medical assistance system, standardized development stage.In this process,medical assistance as one of the system began to take shape.The second part of the institutional framework of the existing health care system.As the"bottom securityhealth care system, the current system must be convergence of medical assistance and medical insurance system in order to fulfill its function, which determines the Medicaid health care system must be combined with the existing framework for security research.The third part is a performance analysis system runs on the basis of empirical research.In the thesis selected area representative significance of site visits, based on field interviews and questionnaires on the qualitative and quantitative analysis, to understand the operation of the practice areas surveyed medical assistance.On this basis, combined with the country's data survey data, as well as the data surveyed by the Ministry of Civil Affairs Policy Research Center, observed operational performance of medical assistance. On this basis,in-depth analysis of the reasons for the current problems of medical assistance.Chapter Three.Investigate abroad Medical Assistance System.For research medical assistance system in different modes of health care.Four types of health insurance model has its own characteristics.Implementation mechanism system also has a greater difference.However, health care in different modes, there all have special institutional arrangements for poor health care.This paper selects some representative countries, summed up the characteristics of different countries medical assistance system.And get an overview of the national medical assistance system.The second part, Inspiration from abroad medical assistance system.By the first part, we can see that foreign medical aid system is implemented earlier.In this process, they have accumulated a wealth of experience.Summary of useful experience which can provide important reference and inspiration for the development of China's medical assistance system.This section on the basis of comparative studies.Foreign medical assistance in some of the practices to promote good health care for the poor.Our country can learn from factors.In the form of legislation to protect the poor access to medical assistance.It stressed the need to confirm standardized that those who qualify can get medical assistance.Diverse medical assistance mode to meet the needs of the poor.And clear government responsibility and encourage the participation of social forcesChapter Four.Reconstruction design concept of China's Medical Assistance System..First,the construction of the system will have a corresponding concept and background support,medical assistance system is no exception.Medical assistance system is essentially a variety of economic and social resources, including health care resources, social group status, and power resources of reconfiguration, the main purpose is to safeguard the interests of the poor basic health, reduce poverty caused, the risk of returning to poverty due to illness, and ensure a relatively equitable society.These qualities determine, medical assistance system should uphold equitable access to basic health services concept.The second part, under the guidance of the concept that basic medical services equitabled access and medical services to carry out their own characteristics and the current health care system functional structure.The medical assistance system should be followed to ensure basic health services need to obtain and pay attention to other medical insurance system convergence, timely and effective relief of the three principles.In the third part, medical assistance produce legal relationship based on "medical assistance payment requests and provide" basis, therefore, the design of specific medical assistance system should focus on how to fulfill the obligations of medical assistance.Fulfill the obligations of medical assistance under the premise that clarified the scope of theright of medical assistance.In the thiese that will set three dimensions of national medical assistance obligations that subject of medical assistance right, the standard of medical assistance and the content of medical assistance. Through these three dimensions it can determine to whom medical assistance assistance, medical assistance criteria is how, what medical assistance including medical services and health care costs.Chapter Five.People qualify for medical assistance,Medical Assistance Standards and Medical Assistance Mode.The first part, determine who can get medical assistance.Some countries confirmed that people who can get medical assistance through integrated perspective.It needs to consider economic factors and the demand of treatment of diseases.In our country,excessive consideration of economic factors,and less considered the need for people to get medical assistance,and there are lack of clear classification.Establish a scientific and rational screening mechanism to decide who can get medical assistance.Different people implement different medical assistance.While focusing on "expenditure pattern of poor families," the assistance,following the dynamic defined requirements.The second part,Medicaid standards.Set medical assistance standard methods is similar to medical insurance standard methods.It led to the low proportion of medical assistance in practice and there have been too many restrictions on the implementation of medical assistance and other issues.Medical assistance to the poor to ensure basic health services to meet the demand.The Core Lies quantification of health services spending and determine whether it would be a threat to the medical assistance object to maintain basic living.The third section, select the way medical assistance assistance will depend on the specific choice of medical assistance Mode.At present, China has identified a comprehensive medical assistance rescue mode.But,There are still some distance from the fully integrated rescue mode.In this regard, it should be consistent with the concept of the medical assistance system and consideration of the needs of medical assistance objects.On this basis, thinking of how to design the specific embodiments of medical assistance.The fourth part, the material basis of medical assistance system is the number of medical assistance funds,It directly affects the degree of coverage of system effects.Present medical assistance financing mechanism, the government needs to delineate the responsibilities of financial investment, substantial sources of funding, and establish a stable funding growth mechanism.Chapter Six.Medical Assistance Proceedings, Medical Assistance Regulatory System and Medical Assistance Legal Liability System.The first part, the medical assistance proceduressystem.From the legal act point of view,medical assistance for the poor as an administrative act of the government.It has a natural appeal for due Process and medical assistance procedures is an essential system supporting systems.Administrative action demands of due process combined with the characteristics of medical service itself,requiring medical aid procedures in ensuring the integrity of the premise, should follow the requirements of a fair and public timely and effective. It is to establish a "one-stop immediate relief" and "medical Assistance before" program.The second part, Medical Assistance regulatory system. The social security system needs through the efficient management and supervision to ensure their smooth implementation and operation of medical assistance is no exception.Currently, the biggest obstacle to medical assistance from unable effective interface between system caused by government departments division of responsibilities.Thus, in the capital management,services management, organizational management and supervision, there must be co-ordination of system arrangement,In order to strengthen cooperation among the system.Thereby increasing the effective use of the medical assistance system.The third part,the legal liability system of medical assistance.Protect medical assistance from "paper norms" to "action norms", depending on the specific implementation process medical assistance liability involved parties.To ensure that the transition from medical assistance "paper norms" for the "operation of the standard".It requires to confirm legal obligations of the parties in the process of implementation of medical assistance.In addition, legal liability of the medical assistance often associated with the right to relief fo who received medical assistance benefits.Confirmation medical assistance violations of related subjects, in addition to confirmed whether the government fulfill its obligations in accordance with the terms of reference.Apart from this,people who enjoy the right to medical assistance to exercise the right to legal remedy is the main way.In the process of implementation of medical assistance,if there are violations, it can resolve through litigation.On this basis, for the current issue of the right to relief, raised the idea of how to improve.
Keywords/Search Tags:Medical Assistance, The right of medical assistance, Giving medical assistance, States' obligations of medical assistance
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