Examining Legislation on Long-Term Care Insurance in China
The legislation of long-term care insurance stands as a fundamental initiative for China to proactively address the accelerated aging of its population and safeguard the basic survival rights of disabled and vulnerable groups.This legislation falls within the domain of social law.However,the fragmentation of policies across 49 pilot cities and the comparatively low legislative status of pilot regulations have hindered the advancement and finalization of the system.Legislative efforts should adhere to fundamental principles,including identifying the appropriate time point,initiating comprehensive legislation before separate legislation,integrating substantive legislation with delegated legislation,and promptly standardizing procedural legislative content.At the core of this legislation is the establishment of the rights and obligations of each participant based on the three levels of the insurance relationship,service purchase relationship,and care service relationship.Confirming the roles and positions of insurers and insurance assistants in fund management,information management,and quality management is crucial for the healthy and sustainable operation of the system.Prioritizing the establishment of a provincial-level fund pool,independent of the operation of medical insurance,implementing third-party management by market entities,and enforcing unified management and service standards are essential components of management mechanism legislation.Detailed and specific provisions regarding the liability for violations,especially for insurance assistants,can mitigate moral hazards.To address potential disputes over rights and responsibilities between insurers,policyholders,insured persons,and insurance assistants,continuous improvement of applicable legal relationship legislation is necessary based on current relevant laws and potential legal innovations.
long-term care insurance legislationlegislative principlesrights and obligationsliability for violationsremedies for rights
万方数据
维普
