Even Those Who Lent Medical Benefits Must Return Unjust Enrichment Funds

Government Approves Amendment to Medical Care Act at Cabinet Meeting
Severe Intellectual Disabilities and Mild Lower Limb Amputations Also Eligible for Disabled Parking

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[Asia Economy Reporter Choi Dae-yeol] When medical benefit certificates are borrowed by others or benefits are obtained through fraudulent means, the related regulations will be changed so that the medical benefit institution, the person who received the benefits, and even the lender must return the unjust profits. Rewards can be given to those who report such cases, and the scope of reporters, which was previously limited to medical institutions, will be expanded to include those who received the benefits.

The Ministry of Health and Welfare announced on the 20th that the Cabinet meeting held on the same day approved the amendment bill to the Medical Benefits Act containing these provisions. The approved content includes the ability to collect unjust profits when medical benefit qualifications are transferred or lent, requiring both the beneficiary and the person who received the benefits to pay the unjust profits if benefits were issued based on false reports or proofs. Currently, the person who received the benefits and the medical institution are jointly liable for the unjust profits, but now the lender will also be penalized.

Additionally, the amendment includes the introduction of a seizure-protected dedicated account for medical benefits paid in cash. Medical benefits are currently paid in cash for the protection of recipients' rights, such as for nursing expenses, purchase of assistive devices for the disabled, and health maintenance expenses. A separate account (nursing expenses, etc. benefit account) will be created for these payments to prevent seizure. If it is discovered that benefit costs were obtained through deception or fraudulent means, a new legal basis will allow rewards to be given to those who report the medical benefit institution and the person who received the benefits together.

Furthermore, the amendment includes a provision that the currently mandatory issuance of medical benefit certificates will be limited to issuance only upon the beneficiary's application. The approved content will be submitted to the National Assembly after presidential approval. Lee Young-jae, Director of the Primary Medical Care Division at the Ministry of Health and Welfare, said, "This is intended to strengthen post-management of fraudulent medical benefit claims and protect the rights of beneficiaries, and we will strive to have it legislated promptly in this regular session of the National Assembly."

Meanwhile, at the same Cabinet meeting, the amendment to the Enforcement Decree of the Act on Welfare of Persons with Disabilities and the Act on Guarantee of Convenience for Persons with Disabilities, the Elderly, and Pregnant Women was also approved. There are cases where persons with severe intellectual disabilities or mild lower limb amputations are unable to park in disabled parking spaces because they do not meet medical criteria. With the passage of this amendment, after investigation, if necessary, it will be possible to issue parking permits for disabled-only parking spaces or provide special transportation support. The upper limit of fines for psychiatric medical institutions was raised from 50 million won to 100 million won, and the imposition criteria were revised to eliminate the regressive nature of fines.

This content was produced with the assistance of AI translation services.