The Constitutional Court yesterday ruled that a mandate that requires a three-month buffer period between reinstatement and suspension of National Health Insurance (NHI) benefits for Taiwanese returning from abroad as unconstitutional.
Under current rules, people staying abroad for six months or longer can suspend payments, but coverage is immediately resumed upon re-entering Taiwan. Coverage cannot be suspended again for three months.
The court heard a case brought by a woman surnamed Lee (李), who has mostly lived abroad since 2002 and has suspended NHI coverage.
Photo: CNA
Her coverage automatically resumed when she came back to Taiwan for a short visit, and she was asked to pay an NHI premium of NT$2,247.
Lee in 2020 applied for a constitutional interpretation on articles 37 and 39 of the Enforcement Rules of the National Health Insurance Act (全民健康保險法施行細則) after the administrative appeal and administrative litigation she filed were dismissed.
The articles stipulate that people can apply for suspension of coverage if they plan to stay overseas for more than six months, but are only permitted to reapply for another suspension three months after their coverage resumes when they return to Taiwan.
The Constitutional Court in its verdict in Constitutional Case No. 19, 2022, ruled that the regulation is not authorized by law and thus contravenes the legal reservation principle.
However, the court did not rule the system of resuming and suspending NHI coverage as unconstitutional, which means that Lee might still have to pay the premium if she applies for a retrial.
Legislators can decide whether to keep the system, the court said, adding that if the system is considered necessary, it should be clearly authorized by law.
The court has allowed a two-year period for agencies to review the issue.
After two years, the parts of the articles deemed unconstitutional would cease to be effective.
During these two years, 560,000 Taiwanese studying and working abroad would still have to comply with the current regulation.
The decision comes as the NHI Committee is considering scrapping the ability for overseas Taiwanese to opt out of the NHI system.
The committee in February said that most members supported a proposal to stop overseas Taiwanese from suspending NHI premium payments and to immediately resume coverage upon returning to Taiwan.
Alternative proposals to the scheme include requiring continuous payments from Taiwanese abroad who wish to resume coverage upon return.
Ending the opt-out scheme would require several legal amendments and therefore cannot be decided unilaterally by the committee.
Additional reporting by CNA
FUKUOKA SITUATION: Japanese media reported that the pathogen is expected to be identified by the summer, while the CDC downplayed the idea that it was hMPV A “mysterious cold-like illness” reported in Japan’s Fukuoka Prefecture does not seem to be a new disease, but Japanese authorities have been asked about the situation, the Centers for Disease Control (CDC) said yesterday. The Fukuoka Prefectural Medical Association on Wednesday told a news conference that a “mystery cold” that has become a hot topic on social media is “highly likely to be caused by some kind of viral infection,” Japan’s KBC News reported. “Many people are experiencing symptoms starting with a sore throat, followed by a runny nose, phlegm and a severe cough,” KBC News reported, citing association officials. Health authorities are
Nvidia Corp CEO Jensen Huang (黃仁勳) arrived in Taiwan yesterday ahead of upcoming AI and technology events, saying he plans to meet with clients and Taiwan Semiconductor Manufacturing Co Chairman C.C. Wei (魏哲家) during his visit. After landing at Taipei Songshan Airport, Huang posed for photos with fans and handed out Yakult drinks to reporters and supporters waiting at the scene, saying he has “a lot to do” during the trip. Asked about reports that Nvidia’s planned headquarters site in Taipei’s Beitou Shilin Technology Park could break ground on May 27, Huang said that if the company holds an event, he would
The Ministry of Finance this afternoon announced the winning numbers for the March-April uniform invoice lottery. The winning number for the NT$10 million (US$318,060) special prize is 19531471, and the winning number for the NT$2 million grand prize is 85941329. Three numbers were drawn for the NT$200,000 first prize: 07225810, 20231230 and 83518781. Those with receipts matching the last seven digits of any of the first-prize numbers will win the NT$40,000 second prize, while those matching the last six digits will win the NT$10,000 third prize. Those whose receipts match the last five digits of the first-prize numbers can claim the NT$4,000 fourth prize,
Taiwan Travelogue (臺灣漫遊錄), which earlier this week became the first Taiwanese novel to win the International Booker Prize, is to be adapted into a television series through a Taiwan-Japan coproduction, producer Chang Chen-yu (張辰漁) said yesterday. Chang, a producer at World Softest Production Film Co, wrote on Facebook that the company had been searching for projects with international appeal that retain a strong Taiwanese identity after colleagues and Japanese partners strongly recommended the novel. After reading the book, Chang said he immediately decided to pursue the screen rights. “A great story has the power to transcend time and borders, and connect countless people,”
RSS