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ACT ON GUARANTEE OF RIGHT TO HEALTH AND ACCESS TO MEDICAL SERVICES FOR PERSONS WITH DISABILITIES

Act No. 13661, Dec. 29, 2015

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to improving the health of persons with disabilities by providing for matters concerning support for the guarantee of the right to health, establishment of a health care system, and guarantee of access to medical care for persons with disabilities.
 Article 2 (Fundamental Concepts)
(1) Persons with disabilities shall have the right to optimum health care and protection.
(2) No person with a disability shall receive discriminatory treatment in health care and health care services due to any disability.
(3) Persons with disabilities shall have the right of access to health care and health care services equivalent to those for non-disabled persons.
 Article 3 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "persons with disabilities" means disabled persons as defined under Article 2 of the Act on Welfare of Persons with Disabilities;
2. The term "right to health" means the right to maintain the best health conditions through the fundamental circumstance for preventing diseases, medical treatment and rehabilitation, improvement of nutrition, rehabilitative exercise, practice of health education and healthy living; and the right to receive health care services, shall also be included therein;
3. The term "health care for persons with disabilities" means overall health care activities to guarantee the right of persons with disabilities to health, such as the improvement of access to health care services, to prevent the gap in health standards between disabled and non-disabled persons or among persons with disabilities based upon whether a person has a disability, types of disabilities and the degree of disability, and gender;
4. The term "health care program for persons with disabilities" means various activities and support programs for health care for persons with disabilities, such as general medical examinations, periodic disease management, medical examination and treatment and rehabilitation, health promotion programs for persons with disabilities;
5. The term "rehabilitative health care services" means medical practice necessary to minimize a disability due to injury or disease and to restore and maintain physical abilities of persons with disabilities (including those who are expected to become disabled within a certain period because it is difficult for them to fully recover from injury or disease);
6. The term "rehabilitation hospital" means a hospital designated pursuant to Article 18 (1) for the purposes of providing rehabilitative health care services among medical institutions at the level of hospital under Article 3 (2) 3 of the Medical Service Act.
 Article 4 (Responsibility of State and Local Governments)
(1) The State and local governments shall have the duty to respect, protect and realize the right of persons with disabilities to health.
(2) The State and local governments shall actively conduct health care programs for persons with disabilities to resolve differences in health standards between disabled and non-disabled persons or among persons with disabilities depending on the improvement of the right of persons with disabilities to health, whether a person has a disability, types of disabilities, the degree of disability, maternity protection, and gender.
(3) The State and local governments shall provide appropriate medical examination and treatment and rehabilitative health care services for persons with disabilities so that their functions and health may recover.
(4) The State and local governments shall formulate and implement measures necessary to prevent conditions that threaten health of persons with disabilities due to low income, low educational standing, medical discrimination, unsuitable employment, labor and residential conditions, insufficient social support and gender.
(5) The State and local governments shall actively publicize health care programs for persons with disabilities to the disabled and their families, and implement necessary policies so that the people may have a correct understanding of the right of persons with disabilities to health.
 Article 5 (Obligations of People)
The people shall provide active cooperation in health care programs for persons with disabilities conducted by the State and local governments for the guarantee of the right of persons with disabilities to health, the resolution of discrepancies in health among them and the improvement of access to health care services for the disabled.
CHAPTER II FORMULATION, ETC. OF COMPREHENSIVE PLANS FOR HEALTH CARE FOR PERSONS WITH DISABILITIES
 Article 6 (Formulation of Comprehensive Plans for Health Care for Persons with Disabilities)
(1) Every five years, the Minister of Health and Welfare shall formulate a comprehensive plan for health care for persons with disabilities (hereinafter referred to as "comprehensive plan") following deliberation by the Committee on Policy Coordination for Persons with Disabilities under Article 11 of the Act on Welfare of Persons with Disabilities, and include the comprehensive plan in a comprehensive plan for national health promotion under Article 4 of the National Health Promotion Act and an implementation plan for national health promotion under Article 4-2 of the aforesaid Act when he/she formulates and implements the comprehensive plan for national health promotion and the implementation plan therefor.
(2) A comprehensive plan shall include the following:
1. Matters concerning the objectives and direction-setting for health care programs for persons with disabilities;
2. Matters concerning a plan and methods for implementing health care programs for persons with disabilities;
3. Matters concerning cultivating, educating, and training professionals necessary for health care for persons with disabilities;
4. Matters concerning health care for persons with disabilities depending on types of disabilities, the degree of disability, gender, etc.
5. Matters concerning health care for women with disabilities, such as maternity protection;
6. Other matters necessary for health promotion of and health care for persons with disabilities.
(3) Where the Minister of Health and Welfare deems it necessary for the formulation of a comprehensive plan, he/she may request the heads of related agencies to submit necessary data. In such cases, any person requested to submit data shall comply with such request, except in extenuating circumstances.
CHAPTER III HEALTH CARE PROGRAMS, ETC. FOR PERSONS WITH DISABILITIES
 Article 7 (General Medical Examination Program for Persons with Disabilities)
(1) The State and local governments may operate a general medical examination program for the promotion of health and the prevention of disease of persons with disabilities (hereinafter referred to as "general medical examination program for persons with disabilities").
(2) The Minister of Health and Welfare shall formulate a list of items to be checked during the general medical examination suitable for types of disabilities, the degree of disability, age, maternity protection, gender, and life cycle of persons with disabilities so that customized general medical examinations are provided to persons with disabilities.
(3) The State and local governments may fully or partially subsidize expenses incurred in having general medical examinations in consideration of the ability, etc. of persons with disabilities who have general medical examinations and their families to bear the economic burden.
(4) The State and local governments shall endeavor to provide medical care services meeting the characteristics and demand of persons with disabilities in accordance with the result of general medical examinations.
(5) A medical institution that intends to conduct a general medical examination program for persons with disabilities shall be designated by the Minister of Health and Welfare as an institution that performs general medical examinations of persons with disabilities.
(6) Necessary matters concerning the scope, subjects for service, standards, procedure, etc. of a general medical examination program for persons with disabilities shall be prescribed by Presidential Decree.
(7) Criteria and procedures for designation as an institution that performs general medical examinations of persons with disabilities, such as human resources, facilities, and equipment of an institution that performs general medical examinations under paragraph (5), shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 8 (Health Care Program for Persons with Disabilities)
(1) The State and local governments may implement a program for disease management of persons with disabilities for each life cycle stage and by gender (hereinafter referred to as "health care program for persons with disabilities") after a person has become disabled.
(2) Necessary matters concerning the details, methods, etc. of a health care program for persons with disabilities shall be prescribed by Presidential Decree.
 Article 9 (Guarantee, etc. of Access to and use of Medical Institutions, etc. by Persons with Disabilities)
(1) Where persons with disabilities use medical institutions under Article 3 of the Medical Service Act, public health centers under the Regional Public Health Act, health clinics under the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, etc., local medical centers under the Act on the Establishment and Management of Local Medical Centers (hereinafter referred to as "medical institution, etc.") for medical treatment, rehabilitation, etc., the State and local governments may provide appropriate convenience based on the types of disabilities, the degree of disability, maternity protection, and gender of persons with disabilities at the time they use transportation convenience to guarantee access thereto, medical institutions, etc.
(2) The State and local governments may implement a visiting medical care program providing medical care, etc. by visiting the places of residence of persons with disabilities for persons with disabilities who have difficulty in directly using medical institutions, etc.
(3) Necessary matters concerning the provision of transportation and use convenience under paragraph (1), and persons eligible for a visiting medical care program under paragraph (2), standards, methods, etc. therefor shall be prescribed by Presidential Decree.
 Article 10 (Health Care Research Program for Persons with Disabilities)
(1) The Minister of Health and Welfare may implement a research and development program (hereinafter referred to as "health care research program for persons with disabilities") for the promotion of health of persons with disabilities, the prevention of various diseases related to disabilities and the development of medical technology, the publication of a white paper on the right of persons with disabilities to health, etc.
(2) The Minister of Health and Welfare shall endeavor to prepare a plan, such as the dispatch of professionals to foreign countries and the attraction of professionals to the Republic of Korea, for the promotion of international cooperation and the introduction of advanced technology concerning the health care research program for persons with disabilities.
(3) The Minister of Health and Welfare may require the Central Health Care Center for Persons with Disabilities under Article 19 to implement a health care research program for persons with disabilities to efficiently conduct affairs, such as planning, management and evaluation, concerning specific and detailed matters of the health care research program for persons with disabilities.
 Article 11 (Health Care Statistical Program for Persons with Disabilities)
(1) The Minister of Health and Welfare may implement a registration, management and survey program to calculate statistics related to health care for persons with disabilities (hereinafter referred to as "health care statistical program for persons with disabilities") by continuously collecting and analyzing data concerning health risk factors of persons with disabilities, and the occurrence and medical treatment of diseases. In such cases, the Statistics Act shall apply mutatis mutandis to the collection of statistical data, the collation of statistics, etc., and Article 58 (1) of the Personal Information Protection Act shall apply to personal information processed to calculate statistics.
(2) The Minister of Health and Welfare may request health professionals or medical institutions that provide medical examination and treatment for persons with disabilities, the National Health Insurance Service and the Health Insurance Review and Assessment Service under the National Health Insurance Act, other corporations, institutions, organizations that conduct business related to persons with disabilities to submit data or state their opinions necessary for a health care statistical program for persons with disabilities, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, any person requested to submit data shall comply with such request except in extenuating circumstances.
(3) The Minister of Health and Welfare may require the Central Health Care Center for Persons with Disabilities under Article 19 to implement a health care statistical program for persons with disabilities in order to efficiently implement the health care statistical program for persons with disabilities.
 Article 12 (Health Care Information Program for Persons with Disabilities)
(1) The Minister of Health and Welfare may implement a program to systematically establish information about health care for persons with disabilities and efficiently provide the people with such information (hereinafter referred to as "health care information program for persons with disabilities").
(2) The details of a health care information program for persons with disabilities shall be as follows:
1. Creation and management of databases on various information related to health care for persons with disabilities;
2. Provision of information and consultation about health care for persons with disabilities;
3. Development of educational data, education and publicity concerning health care for persons with disabilities;
4. Other affairs deemed necessary by the Minister of Health and Welfare concerning the creation and provision of databases on information about health care for persons with disabilities.
(3) The Minister of Health and Welfare may require the Central Health Care Center for Persons with Disabilities under Article 19 to implement a health care information program for persons with disabilities in order to efficiently implement the health care information program for persons with disabilities.
 Article 13 (Health Education for Persons with Disabilities and their Families)
(1) The State and local governments may conduct health education for persons with disabilities and their families for the promotion of health of persons with disabilities.
(2) Necessary matters concerning time to conduct health education under paragraph (1), details, methods, etc. thereof shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 14 (Education on Right to Health of Persons with Disabilities)
(1) The State and local governments may conduct education on the right of persons with disabilities to health for any of the following persons, in order to raise awareness on the right of persons with disabilities to health:
1. Health professionals in charge of medical examination and treatment, rehabilitation, etc. of persons with disabilities;
2. Persons related to facilities for to persons with disabilities and support staff for the disabled;
3. Health professionals in charge of pregnancy, childbirth, etc. of women with disabilities;
4. Other persons in charge of affairs related to persons with disabilities prescribed by Ordinance of the Ministry of Health and Welfare.
(2) Necessary matters concerning the time to conduct education under paragraph (1), details, methods, etc. thereof shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 15 (Rehabilitative Exercise and Physical Therapy)
(1) The Minister of Health and Welfare may provide a rehabilitative exercise program on doctor's prescription with persons with disabilities and those who are expected to become disabled within a certain period because it is difficult for them to fully recover from an injury or disease.
(2) The Minister of Health and Welfare may provide persons with disabilities with a physical therapy program after designating welfare facilities for persons with disabilities under the Act on Welfare of Persons with Disabilities or public physical training facilities under the Installation and Utilization of Sports Facilities Act.
(3) The Minister of Health and Welfare shall develop a rehabilitative exercise program to improve physical and mental functions and social skills of persons with disabilities or those who are expected to become disabled within a certain period because it is difficult for them to fully recover from injury or disease, and endeavor to distribute such program.
(4) Necessary matters concerning the provision, development, distribution, etc. of a rehabilitative exercise program and a physical therapy program under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 16 (Physician in Charge of Health of Persons with Disabilities)
(1) The State and local governments may implement a system for a physician in charge of health of persons with disabilities for those who need special protection for health because their degree of disability is serious (hereinafter referred to as "severely persons with disabilities").
(2) Necessary matters concerning the scope, details, etc. of severely persons with disabilities eligible for a system for a physician in charge of health of persons with disabilities under paragraph (1), shall be prescribed by Presidential Decree.
 Article 17 (Subsidization of Medical Expenses)
(1) The State and local governments may subsidize medical expenses to persons with disabilities deemed to be unable to bear medical expenses in accordance with the degree of disability in consideration of the degree of disability, economic ability, etc.
(2) Necessary matters concerning persons with disabilities eligible for subsidization of medical expenses under paragraph (1), standards, methods, etc. for the subsidization thereof shall be prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER IV CENTRAL HEALTH CARE CENTER, ETC. FOR PERSONS WITH DISABILITIES
 Article 18 (Designation, etc. of Rehabilitation Hospitals)
(1) The Minister of Health and Welfare may designate a hospital meeting standards, such as facilities, human resources, and equipment, prescribed by Ordinance of the Ministry of Health and Welfare among medical institutions at hospital level under Article 3 (2) 3 of the Medical Service Act, as a rehabilitation hospital.
(2) Where a rehabilitation hospital designated pursuant to paragraph (1) falls under any of the following, the Minister of Health and Welfare may revoke the designation thereof: Provided, That where the rehabilitation hospital falls under subparagraph 1, he/she shall revoke the designation thereof:
1. Where the rehabilitation hospital has been designated by deception or other fraudulent means;
2. Where the rehabilitation hospital seeks revocation of such designation;
3. Where the rehabilitation hospital fails to meet standards prescribed in paragraph (1).
 Article 19 (Central Health Care Center for Persons with Disabilities)
(1) The Minister of Health and Welfare may designate an institution meeting standards, such as facilities, human resources, and equipment, prescribed by Ordinance of the Ministry of Health and Welfare as the Central Health Care Center for Persons with Disabilities to require it to conduct the following affairs concerning health care for persons with disabilities:
1. Planning a health care program for persons with disabilities and the establishment of a health care delivery system for persons with disabilities;
2. Collection, analysis and provision of information and statistics related to health care for persons with disabilities;
3. Medical examinations and treatment and rehabilitation of persons with disabilities;
4. Research on health care for persons with disabilities;
5. Support to and evaluation of local health care centers for persons with disabilities;
6. Publicity to matters related to health care for persons with disabilities;
7. Development and distribution of new technology and guidelines concerning prevention, medical examination and treatment, rehabilitation, etc. of disabilities;
8. Education and training of human resources providing health care services for persons with disabilities;
9. International cooperation related to health care for persons with disabilities;
10. Provision of specialized medical services suitable for the type of disability at the time of pregnancy and childbirth of women with disabilities;
11. Other programs deemed necessary by the Minister of Health and Welfare.
(2) Necessary matters concerning criteria and procedures for designation and the operation of the Central Health Care Center for Persons with Disabilities under paragraph (1), shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 20 (Local Health Care Centers for Persons with Disabilities)
(1) The Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, a Do Governor, the Mayor of a Special Self-Governing City or the Governor of a Special Self-governing Province (hereinafter referred to as "Mayor/Do Governor") may designate a medical institution meeting standards, such as facilities, human resources, and equipment, prescribed by Ordinance of the Ministry of Health and Welfare among medical institutions (hereinafter referred to as "medical institution") under Article 3 of the Medical Service Act as a local health care center for persons with disabilities to require it to conduct the following affairs concerning health care for persons with disabilities:
1. Provision of medical services, such as general medical examinations, medical examination and treatment, and rehabilitation, for persons with disabilities;
2. Support for health care and rehabilitative health care services for persons with disabilities in the relevant region;
3. Education and training for persons engaged in medical services related to persons with disabilities in the relevant region;
4. Provision of specialized medical services tailored to the type of disability at the time of pregnancy and childbirth of women with disabilities;
5. Other services deemed necessary by the Minister of Health and Welfare.
(2) Necessary matters concerning criteria and procedures for designation and the operation of a local health care center for persons with disabilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 21 (Revocation of Designation as Health Care Centers for Persons with Disabilities)
(1) Where the Central Health Care Center for Persons with Disabilities or a local health care center for persons with disabilities (hereinafter referred to as "health care center for persons with disabilities") falls under any of the following, the Minister of Health and Welfare or the relevant person who has the authority to designate a health care center for persons with disabilities among Mayors/Do Governors may revoke the designation thereof: Provided, That in the case of subparagraph 1, he/she shall revoke such designation:
1. Where the health care center for persons with disabilities has been designated by deception or other fraudulent means;
2. Where the health care center for persons with disabilities fails to meet any of the criteria for designation under Article 19 (2) or 20 (2);
3. Where the health care center for persons with disabilities fails to conduct affairs under Article 19 (1) or 20 (1) without a justifiable ground.
(2) Matters necessary for the revocation, etc. of designation of a health care center for persons with disabilities prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 22 (Subsidization of Expenses)
(1) The State and local governments may fully or partially subsidize expenses falling under any of the following from the budget or the National Health Promotion Fund under the National Health Promotion Act:
1. Expenses incurred in performing services of a health care center for persons with disabilities and expanding facilities, human resources, equipment, etc. to perform services;
2. Expenses incurred in conducting a general medical examination program for persons with disabilities;
3. Expenses incurred in conducting a health care program for persons with disabilities;
4. Expenses incurred in conducting a health care research program for persons with disabilities;
5. Expenses incurred in conducting a program for health care statistics for persons with disabilities;
6. Expenses incurred in conducting a health care information program for persons with disabilities;
7. Expenses incurred in conducting education and public promotion concerning the health of persons with disabilities;
8. Expenses incurred in conducting education and training of professionals related to the health of persons with disabilities.
(2) Necessary matters concerning persons with disabilities eligible for subsidization of expenses under paragraph (1), and standards, procedures, methods, etc. for subsidizing expenses shall be prescribed by Presidential Decree.
 Article 23 (Instructions and Supervision)
The Minister of Health and Welfare may direct and supervise services of health care centers for persons with disabilities, or require them to report matters necessary for services, accounting, etc. or to submit necessary data.
 Article 24 (Hearings)
Where the Minister of Health and Welfare or a Mayor/Do Governor intends to revoke the designation of a health care center for persons with disabilities pursuant to Article 21, he/she shall hold hearings.
 Article 25 (Prohibition of Use of Personal Information Other Than Purposes)
No person who performs or has performed duties related to health care for persons with disabilities pursuant to this Act shall provide or divulge personal information he/she has obtained officially to any third person or misappropriate such personal information except as expressly provided for in Article 18 (2) of the Personal Information Protection Act.
 Article 26 (Delegation of Authority and Entrustment of Affairs)
(1) The Minister of Health and Welfare may delegate part of his/her authority under this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu), as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare may entrust part of his/her business under this Act to the National Health Insurance Service under the National Health Insurance Act, the Health Insurance Review and Assessment Service, the Central Health Care Center for Persons with Disabilities or to other institutions, corporations or organizations conducting business related to the health of persons with disabilities, as prescribed by Presidential Decree.
CHAPTER VI PENAL PROVISIONS
 Article 27 (Penalty Provisions)
Any person who provides or divulges personal information he/she has obtained officially to any third person or misappropriate such personal information in violation Article 25 shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won.
 Article 28 (Administrative Fines)
(1) Administrative fines not exceeding five million won shall be imposed on any of the following persons:
1. A person who fails to submit data or submits false data, in violation of Article 11 (2);
2. A person who fails to make a report or submit data or makes a false report or submits false data, in violation of Article 23.
(2) The Minister of Health and Welfare shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force two years after the date of its promulgation.
Article 2 (Special Case for Pilot Study)
(1) The Minister of Health and Welfare may conduct a pilot study before this Act enters into force to facilitate a health care program for persons with disabilities.
(2) The State and local governments may provide administrative and financial support to a pilot study under paragraph (1).
(3) The Minister of Health and Welfare shall prescribe matters necessary to conduct a pilot study under paragraph (1).
Article 3 Omitted.