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§ 23. Application of Acts

(1)        Unless otherwise provided by this Act, all the rights and obligations of insured persons provided by this Act extend to the persons considered equal to insured persons on the basis of a contract specified in subsection 22 (1) of this Act.

(2)        The provisions of the Law of Obligations Act which regulate insurance contracts apply to the contracts specified in subsection 22 (1) of this Act insofar as they are not in conflict with the provisions of this Act. The provisions of the Insurance Activities Act do not apply to such contracts.  

(15.06.05 entered into force 1.01.06 - RT I 2005, 39, 308)

 

 

§ 24. Conditions under which person is considered equal to insured persons on basis of contract

(1)        The standard conditions of the contract specified in subsection 22 (1) of this Act shall be approved by the supervisory board of the health insurance fund on the proposal of the management board.

(2)        The term of the contract shall be at least one year.

(3)        The size of an insurance premium payable in a calendar month on the basis of a contract shall be the product of the average gross wages of the previous calendar year as published by the Statistical Office, multiplied by 0.13 and rounded to full kroons. The health insurance fund has the right to change the size of an insurance premium payable in a calendar month once a year after the Statistical Office has published the average gross wages of the previous calendar year.

(28.06.2004 entered into force 01.08.2004 - RT I 2004, 56, 400)

(4)        Insurance cover commences one month after entry into the contract. If an insurance contract is entered into during the period of validity of the compulsory insurance cover of a person, the insurance cover of the person shall commence as of the termination of the currently valid compulsory insurance cover without interruption.

(5)–(6)             (Repealed 15.06.05 entered into force 1.01.06 - RT I 2005, 39, 308)

(7)        A contract terminates upon commencement of compulsory insurance cover on the basis of this Act.

 

Chapter 3

Health Insurance Benefit

 

Division 1

General Conditions

 

§ 25. Definition and types of health insurance benefit

(1)        Health insurance benefit is a high quality and timely health service, necessary medicinal product or medical device which is provided to an insured person under the conditions provided for in this Act by the health insurance fund or a person who has entered into a corresponding contract with the fund (benefit in kind), or a sum of money which the health insurance fund is required to pay to an insured person under the conditions provided for in this Act for the health care expenses incurred by the person or upon his or her temporary incapacity for work (benefit in cash).

(20.12.07 entered into force 1.09.08 - RT I 2008, 3, 22)

 (2)       A health insurance benefit in kind is any of the following which is wholly or partially financed by the health insurance fund:

1)         a health service provided to prevent or treat a disease (health service benefit);

2)         a medicinal product or medical device (benefit for medicinal products and benefit for medical devices).

(20.12.07 entered into force 1.09.08 - RT I 2008, 3, 22)

(3)        The expenses incurred by the health insurance fund to provide benefits for medicinal products shall not exceed 20 per cent of the expenses prescribed for health service benefits in the annual health insurance budget. The funds of the risk reserve provided for in § 391 of the Estonian Health Insurance Fund Act may be used on the basis of a decision of the supervisory board of the health insurance fund in order to cover the additional expenses incurred for benefits for medicinal products in the case of an unanticipated growth in disease contraction.

(4)        A health insurance benefit in cash is any of the following which is paid to an insured person by the health insurance fund:

1)         benefit for temporary incapacity for work;

2)         adult dental care benefit;

3)         (Repealed - 16.12.04 entered into force 1.01.05 - RT I 2004, 89, 614)

4)         supplementary benefit for medicinal products.

(41)      A health insurance benefit in cash shall be paid at the expense of the health insurance fund into the bank account of the recipient of the benefit or, on the basis of a written application of the recipient of the benefit into the bank account of a third party in Estonia. A health insurance benefit in cash shall be paid into the bank account of the recipient of the benefit in a foreign state at the expense of the recipient of the benefit. (19.06.08 entered into force 1.08.08 - RT I 2008, 34, 210)

(5)        An insured person does not have the right of recourse against the health insurance fund in respect of the money or other assets spent on the services, medicinal products or medical devices classified as health insurance benefits in kind. (20.12.07 entered into force 1.09.08 - RT I 2008, 3, 22)