Can death notice be used as a basis for determining the treatment period in dossier for settlement of social insurance benefits of employees who die at medical examination and treatment facilities?
I would like to ask if an employee dies at a health care facility, can the death notice be used to determine the length of time the patient was treated to receive social insurance benefits in Vietnam? - Question from Nhu Ha (HCMC)
Can death notice be used as a basis for determining the treatment period in dossier for settlement of social insurance benefits of employees who die at medical examination and treatment facilities?
Pursuant to Section 3 of Official Dispatch 376/BHXH-CSXH 2023 on adjusting dossiers for one-time social insurance benefits in cases of life-threatening diseases, there are provisions as follows:
Adjust the profile for one-time social insurance benefits in case of life-threatening illness
1. Dossier for one-time social insurance benefits for cases of life-threatening illness specified in Point c, Clause 1, Article 60 of the Law on Social Insurance, guided in section a4, Point 1.2.3, Clause 1, Article 6, Decision No. 166/ Decision-XHH is adjusted as follows:
In case you are suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis, ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS: Documents must be originals or valid copies. Hospital discharge papers or summary of medical records showing the above illness.
In case of suffering from other diseases and receiving one-time social insurance benefits: The dossier is a medical examination record that must clearly conclude the contents of diseases and disabilities that reduce working capacity by 81% or more and do not self-check. control or cannot independently perform activities serving personal daily living needs that require complete supervision, assistance, and care.
2. In case the employee stays at the Commune Health Station, a Certificate of leave to enjoy social insurance and provincial social insurance is issued based on the provisions in Point b, Clause 5, Article 4 of Circular No. 39/2018/TT-BYT dated November 30, 2018 of the Ministry of Health for implementation.
3. In case the employee dies at a medical examination and treatment facility, the dossier for settlement of social insurance benefits for the period of time the patient was treated at the medical examination and treatment facility before death is based on at the time recorded on the Death Notice as prescribed in Circular No. 24/2020/TT-BYT dated December 28, 2020 of the Ministry of Health.
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Thus, the dossier for social insurance benefits includes the period of time the employee died at a medical examination and treatment facility and was treated at a medical examination and treatment facility before death, based on the time recorded above.
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Is it necessary to issue a discharge notice to a patient who dies while being treated at a commune health station in Vietnam?
According to the provisions of Clause 1, Article 21 of Circular 56/2017/TT-BYT amended by Clause 14, Article 1 of Circular 18/2022/TT-BYT regulating the form of issuance of certificates of leave to enjoy social insurance and How to write the content of documents certifying leave to enjoy social insurance as follows:
Forms of issuance of certificates of leave qualified for social insurance payout and guidance for the contents of certificates of leave qualified for social insurance payout1. As for workers or children aged under 7 of workers receiving impatient treatment: The hospital discharge note with the form specified in Annex 3 enclosed herewith shall be used.
If the person is referred to another health facility during the treatment, a valid copy of the outward referral form shall be provided.
If the victim passed away at a health facility, such health facility is not required to issue a discharge note. The social insurance payout during the treatment period of the patient at the health facility before his/her death shall be based on the date recorded in the death certificate prepared in accordance with Circular No. 24/2020 /TT-BYT dated December 28, 2020 of the Ministry of Health stipulating the form of diagnosis of causes of death, issuance of death certificates and death statistics at health facilities.
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According to the above regulations in Vietnam, in case the patient dies while being treated at the commune health station, a hospital discharge notice is not required.
Who has authority to issue a Death Notice to an employee who dies at the hospital in Vietnam?
In Article 3 of Circular 24/2020/TT-BYT stipulates the authority to issue Death Notices as follows:
Entitlement for signing medical certificate of cause of death and issuing, reissuing death certificate
Heads and individuals responsible for specialized and technical affairs in medical examination and treatment establishments specified under Article 2 of this Circular shall have the power to sign medical certificates of cause of death and issue, reissue death certificate. Heads and individuals responsible for specialized and technical affairs may authorize other individuals in writing to sign medical certificate of cause of death and issue, reissue death certificate. Authorizing individuals and authorized individuals must be legally responsible for authorization and signed documents.
Thus, the Head, the person in charge of technical expertise at the hospital or the authorized person will have the authority to issue the Death Notice in Vietnam.
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