Research On Legislation Guarantee Of Health Right Of The Elderly In China's Long-term Care Insurance System

The aging of China's population is accelerating and aging,protecting the right to health of the elderly should be a shared responsibility of the state,society and each family.The long-term care of the disabled and demented elderly has also gradually attracted national and social attention as the changing of China's pension model and family model.The law is a powerful guarantee for the operation of various systems.The long-term care insurance for the elderly also needs to be regulated at the legislative level as soon as possible.The establishment of a long-term care insurance law that is in line with China's national conditions is the most effective means of protecting the health rights of disabled and demented elderly.Although countries around the world have different understanding of the concepts of disability elderly and long-term care insurance,protecting the health rights of the elderly has always been an important goal of the long-term care insurance legal system,as well as the legal basis of international and domestic laws.The protection of the elderly's right to health is reflected in the long-term care insurance of our country,which is to give the elderly basic life care and necessary medicines and medical treatment.At present,China has issued many relevant administrative regulations,administrative rules,local regulations,and regulatory documents for the construction of long-term care insurance.Existing laws and regulations have different protection scopes for the protection of the health rights of the elderly in long-term care insurance.In-kind payments dominate,and insurance financing mainly comes from the characteristics of medical insurance balances,but high-level laws are still blank.This will cause problems such as the narrow scope of protection of the elderly's right to health in the long-term care insurance system,the inability of insurance financing methods to protect the elderly's long-term health rights,the lack of flexibility in payment methods and the lack of specific regulatory responsibilities.It has been fully and effectively implemented.Aiming at the current status and existing problems of the legal protection of the elderly' s right to health in China' s long-term care insurance system,by drawing on the experience of Japan and South Korea' s long-term care insurance legal system for the protection of the elderly's right to health,combined with the long-term care system of Taiwan in China Exploring the legal protection of the elderly's right to health,it is concluded that the operation of China's long-term care insurance system should adhere to legislation first,increase preventive protection of the elderly's right to health,and ensure that there are sufficient professional long-term care service personnel,both in accordance with the principle of fairness and Pay attention to the implementation efficiency and pay more attention to the enlightenment of the mental health of the elderly.Therefore,on the premise of respecting the national conditions of the country,we should learn from relevant foreign experience and establish a special long-term care insurance law as soon as possible.China's future long-term care insurance law should regulate the protection of long-term care insurance for the disabled and demented elderly people who need long-term care over the age of 60,expand the scope of protection to ensure that the elderly's right to health is fully protected;the form of payment can be adapted to local conditions.A flexible way of combining payment and cash payment;at the fundraising level,a long-term care insurance financing model that is dominated by government financial support,companies and individuals share corresponding premiums,and long-term care commercial insurance with distinctive characteristics will be diversified;At the level of the system supervision mechanism,it is necessary to strengthen the administrative supervision through the central government's macro-level supervision regulations,clarification and refinement of supervision contents,and the establishment of specialized care review committees in various regions for regular review,etc.In addition,relevant regulations for the management of long-term care personnel need to be introduced to improve the professionalism of practitioners,and then to support the stable development of the long-term care insurance system.Finally,a sustainable long-term care insurance law is established to maximize the protection of the health of disabled and demented elderly rights and interests.