On the statute of limitation of national health insurance expenses declared by the contracted medical institutions: Comments on the Supreme Administrative Court Judgment No. 255 in 2019
The Supreme Administrative Court’s no. 255 Judgment in 2019 held that the 6-months declaration period provided in article 62, item 2 of the National Health Insurance Act is the statute of limitation for the right to claim medical expenses in nature. However, considering the legislative evolution, the literal meaning of the law, and the purpose of the statute of limitation in our legal system, the authors suggest that the content per se of article 62, item 2 of the National Health Insurance Act is rather the time limit for application procedure than the statute of limitations. The right for the contracted medical institutions of the national health insurance to declare medical service expenses belongs to the public law. At the beginning, the right for the contracted medical institutions of the national health insurance to declare medical service expenses, a two-year short-term statute of limitation was enacted, but the rule was declared invalid for violating the “Principle of Legal Reservation” by the Justice of the Constitutional Court. Therefore, without any special provisions, it should be applied to the provisions of Article 131 of the Administrative Procedure Act which provides that the limitation period for the right to declare medical expenses is 10 years. Considering that the National Health Insurance’s medical expenses payments are based on the global budget payment system, the 10-year long-term statute of limitation is not conducive to the stability of the cost calculation. Therefore, this paper advocate that the related law of National Health Insurance Act should be revised as soon as possible, and a two-year short-term statute of limitation would be appropriate.