| At the end of the twentieth century,China has become an aging society and has become the country with the largest elderly population in the world.The aging of the elderly population is also very prominent,and the disability and semi-disability of the elderly population are serious.Affected by the family planning policy,the function of family nursing has been seriously weakened.Long-term care for the elderly has become particularly prominent.The government report of the State Council in 2019 proposed that the expansion of the pilot long-term care insurance system should be the focus of the national social security work.In 2016,China’s human resources and social security departments promulgated guidelines for the pilot of long-term care insurance system,followed by the first 15 pilot cities have introduced the pilot scheme of long-term care insurance in this city.Over the past two years,the pilot work has made considerable progress,but there are also many problems.This paper use six chapters to discusses the construction of the long-term care insurance.The first chapter is the introduction,because our country has not established the long-term care insurance legal system,resulting in the long-term care dilemma of the disabled groups.Our country should establish a national long-term nursing insurance legal system.The second chapter is about the basic theory of the legal system of long-term care insurance in China.The foundation of long-term care insurance lies in the fact that the state should guarantee citizens’ right to subsistence.The Law on the Protection of the Rights and Interests of the Elderly also proposes that the state should develop the long-term care insurance system.The legal system for the elderly should adopt an independent model,not embedded in the basic medical insurance,become an independent type of insurance.The third chapter studies the construction of the legal system of the main body of long-term care insurance.The insurance target need not be limited to the elderly over 60 years old,and the whole people should be included in the coverage of long-term care insurance.We can follow the German principle of "long-term care insurance follows basic medical insurance".China should develop various types of nursing institutions to provide professional nursing services for insured persons who are incapacitated for different reasons and need different types of services.Nursing institutions should also carry out professional training and assessment system for nurses.Finally,the acts of all parties need legal supervision to avoid illegal and breach of contract.The fourth chapter is the construction of the legal system of fund-raising for long-term care insurance in China.China should raise funds for long-term care insurance in the form of social insurance premiums.In order to ensure that the legal system of long-term care insurance has sufficient sources of funds,employers and workers should pay insurance premiums.Government finance should play a bottom-up role.Nor can we rely too much on the allocation of health insurance funds.Long-term care insurance funds should be supervised and managed by specialized agencies to prevent the loss of funds.The fifth chapter is the legal system of payment of long-term care insurance benefits.Mainly discusses the conditions and modes of payment of insurance benefits.China should relax the conditions of payment of insurance benefits and adopt a mixed mode of cash payment and service payment.The insurance institution shall supervise the use of the nursing allowance when selecting the insurance object to pay in cash.The service delivery mode focuses on the development of home care and community care services.The sixth chapter is the conclusion of this paper.This paper summarizes the basic theory of the legal system of long-term care insurance and the legal system of insurance subject,fund raising and insurance benefits payment.It shows that the construction of the legal system of long-term care insurance are important to China. |
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