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

Presidential Decree No. 33891, Nov. 28, 2023

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Guarantee of Right to Health and Access to Medical Services for Persons with Disabilities and matters necessary for the enforcement thereof.
 Article 2 (Scope of general medical examination programs for persons with disabilities)
The scope of general medical examination programs for persons with disabilities under Article 7 (1) of the Act on the Guarantee of Right to Health and Access to Medical Services for Persons with Disabilities (hereinafter referred to as the "Act") shall be as follows:
1. Research, development, and quality management of general medical examinations for persons with disabilities;
2. Design of examination items tailored to the needs of persons with disabilities;
3. Support for improving the accessibility of national health examinations for persons with disabilities under the Framework Act on Health Examination;
4. Education and awareness programs regarding general medical examination for persons with disabilities.
 Article 2-2 (Period during which public health and medical institutions shall meet standards for designation of medical examination institutions for persons with disabilities)
"Period prescribed by Presidential Decree" in Article 7 (6) of the Act means the periods classified as follows:
2. In cases other than those under subparagraph 1: Three years.
[This Article Added on Nov. 28, 2023]
 Article 3 (Details of health care programs for persons with disabilities)
The details of health care programs for persons with disabilities under Article 8 (1) of the Act shall include the following:
1. Establishment of a support and cooperation system for health care for persons with disabilities;
2. Health promotion projects for persons with disabilities, such as health management, nutrition management, and exercise guidance;
3. Health education and counseling for persons with disabilities and their families;
4. Surveys and research on health care for persons with disabilities;
5. Development of educational data, education and publicity regarding health care for persons with disabilities.
 Article 4 (Provision of convenience in transportation and use for persons with disabilities)
Pursuant to Article 9 of the Act, medical institutions under Article 3 of the Medical Service Act, public health centers under the Regional Public Health Act, primary health care posts under the Act on Special Measures for Health and Medical Services in Agricultural and Fishing Villages, and local medical centers under the Act on the Establishment and Operation of Local Medical Centers (hereinafter referred to as "medical institutions, etc.") shall provide convenience to persons with disabilities to guarantee their access to and use of those facilities:
1. Development and dissemination of guidelines for providing convenience to persons with disabilities to guarantee their access to and use of medical institutions, etc.;
2. Support for persons with disabilities who have difficulties using special means of transportation defined in subparagraph 8 of Article 2 of the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons, such as ambulance service.
 Article 5 (Persons eligible for and details of attending physician system for persons with disabilities)
(1) Persons eligible for the attending physician system for persons with disabilities under Article 16 (1) of the Act shall be those with chronic diseases or disabilities determined and publicly notified by the Minister of Health and Welfare from among persons with disabilities registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities. <Amended on Dec. 31, 2018; Nov. 28, 2023>
(2) The details of the attending physician system for persons with disabilities under Article 16 (1) of the Act shall include the following:
1. Management of primary disabilities depending on their characteristics;
2. Management of chronic diseases in consideration of disabilities characteristics;
3. Prevention and management of common illnesses;
4. Connection with health and medical institutions, etc. defined in subparagraph 4 of Article 3 of the Framework Act on Health and Medical Services for medical treatment and health care;
5. Provision of information on health care programs for persons with disabilities.
 Article 6 (Registration of attending physicians and provision of information)
(1) A doctor who intends to become an attending physician for persons with disabilities (hereinafter referred to as "attending physician") shall register as an attending physician with the National Health Insurance Service under Article 13 of the National Health Insurance Act (hereinafter referred to as the “NHIS”).
(2) The NHIS shall notify the Central Health Care Center for Persons with Disabilities established under Article 19 of the Act (hereinafter referred to as "Central Health Care Center for Persons with Disabilities") of the registration information of attending physicians.
(3) The Central Health Care Center for Persons with Disabilities and the NHIS shall provide the registration information of the attending physicians and related data in an easy-to-understand form on their websites, etc.
(4) Details regarding the registration of attending physicians shall be prescribed by Ministerial Decree of Health and Welfare.
 Article 7 (Education of attending physicians)
(1) A physician who intends to be registered as an attending physician shall complete an educational course for attending physicians operated by the Minister of Health and Welfare.
(2) The Minister of Health and Welfare shall provide the NHIS with information on doctors who have completed the educational courses for attending physicians under paragraph (1).
 Article 8 (Application for medical treatment and health care by attending physicians)
(1) A person with a disability who intends to receive medical treatment and health care from an attending physician shall file an application for medical treatment and health care with the relevant attending physician. <Amended on Nov. 28, 2023>
(2) Upon receiving an application under paragraph (1), the attending physician shall notify the NHIS of the application filed by the relevant person with a disability. <Amended on Nov. 28, 2023>
(3) Details regarding applications for medical treatment and health care to attending physicians shall be prescribed by Ministerial Decree of Health and Welfare.
 Article 9 (Restitution of medical expenses and write-off)
(1) If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to recover medical expenses pursuant to Article 17-2 (1) of the Act, he or she shall give a payment notice in writing to the person subject to recovery, specifying the amount to be recovered, the payment deadline, the method, etc. of payment. In such cases, the payment deadline shall be at least 7 days from the date on which the payment notice is issued.
(2) In any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may write off the amount pursuant to Article 17-2 (3) of the Act after deliberation by a local committee for welfare of persons with disabilities established under Article 13 (1) of the Act on Welfare of Persons with Disabilities (hereafter in this Article referred to as the "Committee"):
1. Where the delinquency disposition is concluded and the amount appropriated is insufficient to cover the amount in arrears;
2. Where the person subject to restitution is missing;
3. Where it is verified that the person subject to recovery has no property or that the estimated value of the total property subject to the delinquency disposition is less than the expenses for delinquency disposition;
4. Where the extinctive prescription for the relevant claim has expired;
5. In other cases where the Committee resolves that it is unlikely to collect the amount.
[This Article Added on Jun. 4, 2019]
[Previous Article 9 moved to Article 10 <Jun. 4, 2019>]
 Article 10 (Entrustment of business affairs)
(1) Business affairs that may be entrusted by the Minister of Health and Welfare pursuant to Article 26 (2) of the Act shall be as follows:
1. Subsidization of medical expenses under Article 17 of the Act;
2. Designation of rehabilitation hospitals under Article 18 of the Act;
3. Education of attending physicians under Article 7.
(2) If the Minister of Health and Welfare entrusts affairs pursuant to paragraph (1), he or she shall give public notice of the person entrusted with the affairs and the details of the entrusted affairs in the Official Gazette.
(3) If the Minister of Health and Welfare entrusts affairs pursuant to paragraph (1), the Minister may subsidize expenses incurred in performing such affairs within the budget.
[Moved from Article 9; Previous Article 10 to Article 11 <Jun. 4, 2019>]
 Article 11 (Processing of sensitive information and personally identifiable information)
(1) The Minister of Health and Welfare (including persons entrusted with the affairs of the Minister of Health and Welfare pursuant to Article 10) and the head of a local government may process data containing information on health under Article 23 of the Personal Information Protection Act, or resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if unavoidable the perform the following affairs; provided, in cases of affairs under subparagraph 4, this shall not apply to data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Jun. 4, 2019>
1. Health care programs for persons with disabilities under Article 8 of the Act;
2. Provision of convenience and in-person medical care programs to persons with disabilities to guarantee their access to and use of medical institutions, etc. under Article 9 of the Act;
3. Health care statistical programs for persons with disabilities under Article 11 of the Act;
4. Health education for persons with disabilities and their families under Article 13 of the Act;
5. Provision of rehabilitative exercise and physical activity programs under Article 15 of the Act;
6. Attending physical system for persons with disabilities under Article 16 of the Act;
7. Subsidization of medical expenses under Article 17 of the Act;
8. Restitution of medical expenses under Article 17-2 of the Act.
(2) The Central Health Care Center for Persons with Disabilities may process data containing information on health under Article 23 of the Personal Information Protection Act, or resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if unavoidable to perform the following affairs:
1. Collection, analysis, and provision of information and statistics related to health care for persons with disabilities under Article 19 (1) 2 of the Act;
2. Medical treatment and rehabilitation of persons with disabilities under Article 19 (1) 3 of the Act;
3. Provision of specialized medical services tailored to the type of disability during pregnancy and childbirth for women with disabilities under Article 19 (1) 10 of the Act.
(3) Local health care centers for persons with disabilities under Article 20 of the Act may process data containing information on health under Article 23 of the Personal Information Protection Act, or resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if unavoidable to perform the following affairs:
1. Provision of medical services for persons with disabilities, such as general medical examinations, medical treatment, and rehabilitation under Article 20 (1) 1 of the Act;
2. Provision of specialized medical services tailored to the type of disability during pregnancy and childbirth for women with disabilities under Article 20 (1) 4 of the Act.
(4) The NHIS may process data containing information on health under Article 23 of the Personal Information Protection Act, or resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if unavoidable to perform affairs regarding the attending physician system for persons with disabilities under Article 16 of the Act.
[Moved from Article 10; Previous Article 11 to Article 12 <Jun. 4, 2019>]
 Article 12 (Criteria for imposition of administrative fines)
The criteria for imposing administrative fines under Article 28 (1) of the Act shall be as specified in the Appendix.
[Moved from Article 11 <Jun. 4, 2019>]
ADDENDUM <Presidential Decree No. 28495, Dec. 26, 2017>
This Decree shall enter into force on December 30, 2017.
ADDENDA <Presidential Decree No. 29450, Dec. 31, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2019.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 29803, Jun. 4, 2019>
This Decree shall enter into force on June 12, 2019.
ADDENDUM <Presidential Decree No. 33891, Nov. 28, 2023>
This Decree shall enter into force on December 14, 2023.