If You Obstruct Quarantine Measures, You May Be Fined Billions
National Health Insurance Service to Claim Medical Expense Subrogation Rights
[Asia Economy Reporter Choi Dae-yeol] Recently, the National Health Insurance Service (NHIS) has decided to claim medical expenses from those who have been systematically obstructing quarantine measures, mainly certain groups or individuals. Although the government or local governments have previously announced policies to claim compensation rights during the COVID-19 pandemic, this is the first time that the NHIS, which covers about 80% of COVID-19 patient medical expenses, has taken the lead. Since medical expenses, unlike other quarantine costs, are likely to be recognized as actual damages, attention is focused on whether the effectiveness of quarantine measures on the front lines will improve.
According to the NHIS on the 1st, they have confirmed legal violations mainly involving certain groups or individuals and decided to form a dedicated pre-litigation team to review the cases legally. They plan to calculate damages and proceed with a series of procedures including recovery of unjust enrichment and claims for compensation. An NHIS official said, "Due to quarantine obstruction acts such as violating the state's isolation orders or administrative orders and refusing epidemiological investigations, mainly by some groups, COVID-19 patients have surged," adding, "We plan to restrict benefits or claim compensation rights according to the National Health Insurance Act."
Currently, medical expenses for COVID-19 patients are covered 80% by the NHIS and 20% by the state and local governments according to relevant regulations. When additional patients occur due to non-compliance with quarantine measures or delays in contact tracing caused by lies during epidemiological investigations, the NHIS has paid medical expenses that it should not have borne, making it possible to claim compensation rights.
Lee Man-hee, the president of Shincheonji Church of Jesus, the Temple of the Tabernacle of the Testimony (Shincheonji), is speaking at a press conference related to the COVID-19 situation held in March at the Shincheonji Palace of Peace in Gapyeong-gun, Gyeonggi-do. Photo by Moon Ho-nam munonam@
View original imageAverage Medical Expense per COVID-19 Patient 6.32 Million KRW
Compensation Claims Possible for NHIS-Borne Medical Expenses if Related Laws Are Violated
In the case of the Sarang Jeil Church cluster infection, which started in the metropolitan area and spread nationwide, the total confirmed cases exceeded 1,000, and the estimated medical expenses for these patients amount to 6.5 billion KRW. This figure is calculated based on the average medical expense of 6,325,000 KRW per COVID-19 patient discharged from hospitalization between January and July, with the NHIS bearing about 5.5 billion KRW. Unlike other institutions where cluster outbreaks occurred, this church has systematically resisted government quarantine measures by refusing epidemiological investigations and filing lawsuits and complaints.
Previously, Daegu City filed a lawsuit seeking damages worth over 100 billion KRW against Shincheonji Church of Jesus, which caused a large-scale outbreak, while Seoul City also filed a 200 million KRW lawsuit against Shincheonji. Jeju Province filed a lawsuit worth over 100 million KRW against a person who traveled around Jeju after taking antipyretics and was later confirmed positive. Although the government and Seoul City have announced plans to claim damages against Sarang Jeil Church and Pastor Jeon Kwang-hoon, specific amounts have not yet been finalized. It is expected that judgments will be made after assessing illegal acts such as quarantine violations and obstruction of epidemiological investigations and the scale of damages.
According to the NHIS, if legal violations are confirmed under the Infectious Disease Prevention and Control Act and the National Health Insurance Act, it is possible to recover unjust enrichment or restrict benefits for the medical expenses borne by the NHIS from the groups or individuals involved. While it is difficult to calculate the costs of quarantine measures such as disinfecting facilities or administrative efforts, which may be considered inherent duties of the government or local governments, legal experts expect that medical expenses will be easier to determine liability for.
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