Interim Measures for the Advance Payment of Social Insurance Funds （2018 Amendment）

Interim Measures for the Advance Payment of Social Insurance Funds （2018 Amendment） Interim Measures for the Advance Payment of Social Insurance Funds (Promuglated by the Order No. 15 of the Ministry of Human Resources and Social Security on June 29, 2011; and amended in accordance with the Decision of the Ministry of Human Resources and Social Security to Amend Certain Rules on December 14, 2018) Article 1 To protect citizens' legitimate rights and interests in social insurance and regulate the administration of the advance payment of social insurance funds, these Measures are formulated pursuant to the Social Insurance Law of the People's Republic of China (hereinafter referred to as “ Social Insurance Law ”) and the Regulation on Work-Related Injury Insurance . Article 2 Where any employee or resident covered by the basic medical insurance (hereinafter referred to as “individual”) is injured or becomes sick due to an infringing act of a third party, the third party shall pay for the medical expenses based on the degree of his/her responsibility. The part not paid by the third party shall be paid with the basic medical insurance funds under the relevant state provisions. For medical expenses to be paid by the third party as described in the preceding paragraph, if the third party refuses to pay or it is impossible to determine the third party, when it is necessary to settle medical expenses, the individual may submit a written application to the social insurance agency at the place where he/she purchases the insurance for advance payment of the basic medical insurance funds, explaining the cause of his/her injury or disease and the fact that the third party refuses to pay for his/her medical expenses or it is impossible to determine the third party. Article 3 A social insurance agency shall, after receiving an individual's application made under Article 2, make advance payment for his/her medical expenses according to the provisions on the payment of the basic medical insurance funds at the overall planning area after confirming that he/she is covered by the basic medical insurance. Article 4 Where an individual's injury or illness caused by an infringing act of a third party is determined as a work-related injury and the third party refuses to pay for the medical expenses on the work-related injury or it is impossible to determine the third party, the individual or any near relative thereof may apply in writing to the social insurance agency for advance payment of work-related insurance funds, explaining the fact that the third party refuses to pay for his/her medical expenses or it is impossible to determine the third party. Article 5 After receiving an individual's application made under Article 4, a social insurance agency shall check the advance payment made for him/her by the basic medical insurance funds and the payment of work-related injury insurance premiums by his/her employer, and handle the application according to the following provisions: 1. If the employer has paid work-related insurance premiums as required and an advance payment has been made by the basic medical insurance funds before the work-related injury is determined, the social insurance agency shall, pursuant to the relevant provisions on work-related injury insurance, make advance payment of work-related injury insurance funds for the medical expenses not covered by the basic medical insurance funds and repay the advance made with the basic medical insurance funds; 2. If the employer has paid work-related insurance premiums as required and no advance payment has been made by the basic medical insurance funds before the work-related......