Drug Injury Relief Payment Standard


Amended Date: 2014-10-23

  1. Promulgated by the Executive Yuan, the Department of Health Order Wei-Shu-Yao-Tzu No. 0890025292, on October 27th, 2000; The Regulations shall be effective on the day of the promulgation.
  2. Article 3, 4, 5, 7 amended and promulgated by the Executive Yuan, the Department of Health Order Wei-Shu-Yao-Tzu No. 09020080231, on December 21st, 2001.
  3. Article 5 amended and promulgated by the Executive Yuan, the Department of Health Order Wei-Shu-Yao-Tzu No. 0950316727, on September 20th, 2006.
  4. Article 5 amended and promulgated by the Executive Yuan, the Department of Health Order Wei-Shu-Yao-Tzu No. 0980302512, on May 7th, 2009.
    Promulgated by the Executive Yuan Notice Yuan-Tai-Gui-Zi No. 1020141353, the related authorities and responsibilities previously belonged to the Department of Health in Paragraph 2, Article 4, shall be transferred under the charge of “Ministry of Health and Welfare” since July 23th, 2013 on July 19th, 2013.
  5. Article 4 amended and promulgated by the Ministry of Health and Welfare Order Bu-Shou-Shi-Zi No. 103203338, on October 23rd, 2014.

 

Article 1 These regulations are promulgated pursuant to the Paragraph 2 of Article 4 of the Drug Injury Relief Act (hereinafter referred to as the Act).
Article 2 The drug injury relief payment shall be classified into death payment, disable payment and severe illness payment. The payment shall be determined according to this standard.
Article 3 In the case of drug injury relief application is reviewed and may be reasonably identified as the death caused by adverse reaction of drug, the maximum payment shall be NT$ 2,000,000. When the autopsy report is enclosed and reviewed but the cause of death cannot be identified by other reasons, the relief payment shall be paid accordingly. When the autopsy report is not enclosed and reviewed, but the cause of death cannot be identified by adverse reaction of drug, the relief payment shall not be approved.
Article 4 In the case of drug injury relief application is reviewed and may be reasonably identified as the disability caused by adverse reaction of drug, the payment shall be based on the level of disability listed as follow; After the review, when the cause of disability cannot be identified reasonably by other reasons, shall also be paid under the highest rate accordingly.

  1. Profound disability payment shall be NT$2,000,000 maximum.
  2. Severe disability payment shall be NT$1,500,000 maximum.
  3. Moderate disability payment shall be NT$1,300,000 maximum.
  4. Mildly disability payment shall be NT$1,300,000 maximum.

The levels of disability identification pursuant to the previous paragraph shall be announced by the Ministry of Health and Welfare.

Article 5 In the case of drug injury relief application is reviewed and may be reasonably identified as the severe illness caused by adverse reaction of drug, the payment shall be the necessary medical expenses listed on the official receipt issued by medical institutions and clinics. After the review, when the cause of severe illness cannot be identified reasonably by other reasons, shall also be paid accordingly pursuant to the preceding statement. However, when there is a necessity to occupy a unit of Intensive Care Unit or Burn Intensive Care Unit, the relief payment shall be paid additionally accordingly.

The total payment pursuant to the previous paragraph shall be limited up to NT$600,000; if the total payment is less than NT$10,000, the payment shall be paid as NT$10,000.

Article 6 Where there is a lappage of the reasons for relief, the payment selection shall be the one with the higher rate; the one with the lower rate may make up to the difference of payment deficiency.
Article 7 The expenses from pathological autopsy, disability appraisal and other appraisals shall all be paid by the Drug Injury Relief Fund.
Article 8 This standard shall be effective as of the date of promulgation.

 

Drug Injury Relief Payment Standard(2014-10-23)


Laws &Regulations Database of The Republic of China

 

Regulations for Drug Injury Relief Application


Amended Date: 2015-04-08

  1. Promulgated by the Executive Yuan, the Department of Health Order Wei-Shu-Yao-Tzu No. 0900025873, on April 30th, 2001. Promulgated by the Executive Yuan Order Yuan-Tai-Gui-Zi No.1020141353, the related authorities and responsibilities previously belonged to the Department of Health in Article 2, shall be transferred under the charge of ”Ministry of Health and Welfare” since July 23th, 2013 on July 19th, 2013.
  2. Attached form in Article 2 amended and promulgated by the Ministry of Health and Welfare Order Bu-Shou-Shi-Zi No. 1031203337, on October 23th, 2014.
  3. Article 1 and 2 amended and promulgated by the Ministry of Health and Welfare Order Bu-Shou-Shi-Zi No.1041401938, on April 8th, 2015.

 

Article 1 These regulations are promulgated pursuant to the Paragraph 2 of Article 12 of the Drug Injury Relief Act.
Article 2 When the applicants apply for drug injury relief, an application form and other relevant documents shall be submitted to the competent authority, other commissioned authority (institution) or organization.

The content and format of the application form in the preceding paragraph shall be announced by the competent authority.

Article 3 When applying for drug injury relief, the required documents are listed as follow:

  1. Medical history record before the occurrence of drug injury.
  2. Process and record of hospitalization after the occurrence of drug injury.
  3. Medical certificate issued by medical institution after the occurrence of drug injury.
  4. Documents indicate the health status of the drug injury victims before the occurrence of drug injury.
  5. Proof of relationship between the applicant and the victim.
  6. Copy of receipt indicates the necessary medical expenses of the victim from the occurrence of drug injury issued by medical institution to apply for severe illness payment.
  7. Copy of disability manual or identification, which indicates the victim’s disability, was caused by drug injury to apply for disable payment.
  8. Copy of medical certificate of death, which indicates the victim’s death, was caused by drug injury to apply for death payment.
  9. Other necessary documents identified by the competent authority.
Article 4 When the submitted documents from the drug injury relief applicants are incomplete or with error, the competent authority, other commissioned authority (institution) or organization may inform the applicant to fulfill the requirements. The applicant of drug injury relief shall submit the required documents within 30 days after receiving the notice. The application shall be rejected if the required documents did not submit before the expiration date.
Article 5 These regulations shall be effective as of the date of promulgation.

 

Regulations for Drug Injury Relief Application(2015-04-08)


Laws Regulations Database of The Republic of China