ACT ON THE PREVENTION AND MANAGEMENT OF CARDIO-CEREBROVASCULAR DISEASES
Act No. 14217, May 29, 2016
Amended by Act No. 16730, Dec. 3, 2019
Act No. 17205, Apr. 7, 2020
Act No. 17472, Aug. 11, 2020
Act No. 18897, jun. 10, 2022
The purpose of this Act is to alleviate personal suffering and damage and social burden resulting from cardio-cerebrovascular diseases and to contribute to improving people's health.
The terms used in this Act are defined as follows: <Amended on Apr. 7, 2020; Jun. 10, 2022>
| 1. | "Cardio-cerebrovascular diseases" means cardiovascular diseases, cerebrovascular diseases, or diseases antecedent thereto, which fall under any of following: |
| (a) | Myocardial infarction and other cardiovascular diseases; |
| (c) | Cerebral infarction and other cerebrovascular diseases; |
| (g) | Deleted; <Jun. 10, 2022> |
| 2. | "Management of cardio-cerebrovascular diseases" means activities for prevention and medical treatment of, rehabilitation from, and research on cardio-cerebrovascular diseases. |
| 3. | "Cardio-cerebrovascular disease center" means the central center for cardio-cerebrovascular diseases, regional centers for cardio-cerebrovascular diseases, and local centers for cardio-cerebrovascular diseases designated under this Act, from among medical institutions under Article 3 of the Medical Service Act. |
| Article 3 (Responsibilities of the State) |
| (1) | The State and local governments shall endeavor to prevent cardio-cerebrovascular diseases and provide patients with medical services appropriate for cardio-cerebrovascular diseases by implementing and supporting programs for managing cardio-cerebrovascular diseases (hereinafter referred to as "cardio-cerebrovascular disease programs"). |
| (2) | Medical personnel and the heads of medical institutions under the Medical Service Act shall cooperate with the State and local governments in implementing cardio-cerebrovascular disease programs. |
| Article 4 (Formulation of Comprehensive Plan for Managing Cardio-Cerebrovascular Diseases) |
| (1) | The Minister of Health and Welfare shall formulate a comprehensive plan for managing cardio-cerebrovascular diseases every five years (hereinafter referred to as the "comprehensive plan"). |
| (2) | Each comprehensive plan shall include the following matters: <Amended on Dec. 3, 2019> |
| 1. | Basic goals and direction-setting for the cardio-cerebrovascular disease programs; |
| 2. | Plans and methods for implementing cardio-cerebrovascular disease programs; |
| 3. | Training of specialized medical personnel necessary for managing cardio-cerebrovascular diseases; |
| 4. | Measures for managing statistical data and information about cardio-cerebrovascular diseases; |
| 5. | Matters relating to the prevention and medical treatment of cardio-cerebrovascular diseases, rehabilitation, and the prevention of relapse of persons with medical history of cardio-cerebrovascular diseases (hereinafter referred to as "persons with medical history of cardio-cerebrovascular diseases"); |
| 6. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | The Special Metropolitan City Mayor and each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate a detailed implementation plan respectively pursuant to the master plan, considering the situation of each local government. |
| (5) | If the Minister of Health and Welfare or a Mayor/Do Governor deems necessary for formulating a comprehensive plan or a detailed implementation plan, he or she may request relevant agencies, organizations and facilities to provide information and cooperate in formulating such plan. Upon receipt of a request for such cooperation, agencies, etc. shall comply with the request, except in extenuating circumstances. |
| (6) | Other matters necessary for formulating and implementing the comprehensive plan and detailed implementation plans, shall be prescribed by Presidential Decree. |
| Article 5 (Cardio-Cerebrovascular Disease Management Committee) |
In order to deliberate on important matters relating to management of cardio-cerebrovascular diseases, such as formulation of master plans, a cardio-cerebrovascular disease management committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Health and Welfare.
[This Article Newly Inserted on Jun. 10, 2022]
[Previous Article 5 moved to Article 8 <Jun. 10, 2022>]
| Article 6 (Composition of Committee) |
| (1) | The Committee shall be comprised of not more than 15 members, including one chairperson. |
| (2) | The Vice Minister of Health and Welfare shall serve as the chairperson of the Committee, and committee members shall be appointed or commissioned by the Minister of Health and Welfare from among the following persons: |
| 1. | Public officials in charge of affairs of prevention and management of cardio-cerebrovascular diseases; |
| 2. | Persons who have extensive knowledge of and experience in the prevention and medical treatment of, rehabilitation from, research, etc. on cardio-cerebrovascular diseases. |
| (3) | If deemed necessary for conducting its affairs professionally, the Committee may organize and operate specialized subcommittees by sub-field of cardio-cerebrovascular diseases. |
| (4) | Other matters necessary for the composition, operation, etc. of the Committee and specialized subcommittees shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 10, 2022]
[Previous Article 6 moved to Article 9 <Jun. 10, 2022>]
| Article 7 (Functions of Committee) |
The Committee shall deliberate on the following:
| 1. | Matters relating to the management system and institutional development of cardio-cerebrovascular diseases. |
| 2. | Matters relating to the formulation and assessment of comprehensive plans; |
| 3. | Other matters brought by the chairperson for deliberation. |
[This Article Newly Inserted on Jun. 10, 2022]
[Previous Article 7 moved to Article 10 <Jun. 10, 2022>]
| Article 8 (Research Programs for Cardio-Cerebrovascular Diseases) |
| (1) | The Minister of Health and Welfare may implement research and development programs of technological development for the prevention and medical treatment of, and rehabilitation from, cardio-cerebrovascular diseases (hereinafter referred to as "research programs for cardio-cerebrovascular diseases"). |
| (2) | The research programs for cardio-cerebrovascular diseases under paragraph (1) shall include the following: <Amended on Jun. 10, 2022> |
| 1. | Analysis and prediction of domestic and international trends in research programs for cardio-cerebrovascular diseases and demand for research programs for cardio-cerebrovascular diseases; |
| 2. | Formulation of mid- and long-term research and development plans for cardio-cerebrovascular diseases; |
| 3. | Translational and clinical research for the prevention and medical treatment of, and rehabilitation from cardio-cerebrovascular diseases; |
| 4. | Laying foundation for survey and statistics research on cardio-cerebrovascular diseases and research data linkage, analysis, and provision; |
| 5. | Public invitation for proposals regarding annual tasks of research programs for cardio-cerebrovascular diseases, deliberation on such proposals, and selection of proposed tasks; |
| 6. | Assessment and utilization of the outcomes of research programs for cardio-cerebrovascular diseases; |
| 7. | Other matters the Minister of Health and Welfare deems necessary for implementing research programs for cardio-cerebrovascular diseases. |
| (3) | The Minister of Health and Welfare shall endeavor to promote international cooperation on the research programs for cardio-cerebrovascular diseases and to prepare schemes to dispatch specialists to foreign countries and invite specialists to the Republic of Korea to introduce advanced technologies. |
[Moved from Article 5; previous Article 8 moved to Article 11 <Jun. 10, 2022>]
| Article 9 (Survey and Statistics Programs for Cardio-Cerebrovascular Diseases) |
| (1) | The Commissioner of the Korea Disease Control and Prevention Agency may implement survey and statistics programs to compile statistics related to cardio-cerebrovascular diseases (hereinafter referred to as "survey and statistics programs for cardio-cerebrovascular diseases"), including the rate of occurrence and recurrence of cardio-cerebrovascular diseases, mortality rate of cardio-cerebrovascular diseases, the current status of rehabilitation and stress disorder of persons with medical history of cardio-cerebrovascular diseases, by continually and systematically collecting and analyzing data on risk factors for cardio-cerebrovascular diseases, onset of cardio-cerebrovascular diseases, and medical treatment of such diseases, and rehabilitation from such diseases. In such cases, the Statistics Act shall apply mutatis mutandis to collection of statistical data and compilation of the statistics and others, and personal information managed for compiling statistics shall be deemed personal information exempt from the application of the Personal Information Protection Act pursuant to Article 58 (1) of said Act. <Amended on Dec. 3, 2019; Aug. 11, 2020> |
| (2) | The survey and statistics programs for cardio-cerebrovascular diseases under paragraph (1) shall include the following programs: <Amended on Aug. 11, 2020> |
| 1. | Programs for statistics on registration of cardio-cerebrovascular diseases; |
| 2. | A cohort study for identifying the causes of cardio-cerebrovascular diseases; |
| 3. | Other programs the Commissioner of the Korea Disease Control and Prevention Agency deems necessary for compiling statistics related to cardio-cerebrovascular diseases. |
| (3) | The Commissioner of the Korea Disease Control and Prevention Agency may request medical personnel or medical institutions under the Medical Service Act that diagnose and treat cardio-cerebrovascular diseases, the National Health Insurance Service and the Health Insurance Review and Assessment Service under the National Health Insurance Act, and any other corporations, institutions, organizations, etc. engaged in business related to cardio-cerebrovascular diseases to submit data or state their opinions necessary for conducting the survey and statistics programs for cardio-cerebrovascular diseases, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, a person who receives a request to submit data or state an opinion shall comply with such request unless there is good cause. <Amended on Aug. 11, 2020> |
| (4) | Other matters necessary for implementing the survey and statistics programs for cardio-cerebrovascular diseases shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[Moved from Article 6; previous Article 9 moved to Article 13 <Jun. 10, 2022>]
| Article 10 (Programs for Preventing Cardio-Cerebrovascular Diseases) |
| (1) | The Minister of Health and Welfare, the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may implement programs to continuously and systematically construct database on cardio-cerebrovascular diseases for preventing cardio-cerebrovascular diseases and to efficiently provide people with information necessary for management of cardio-cerebrovascular diseases (hereinafter referred to as "programs for preventing cardio-cerebrovascular diseases"). <Amended on Aug. 11, 2020> |
| (2) | The programs for preventing cardio-cerebrovascular diseases under paragraph (1) shall include the following programs: <Amended on Aug. 11, 2020> |
| 1. | Collecting various kinds of information on cardio-cerebrovascular diseases and establishing and managing a database; |
| 2. | Providing people with information about cardio-cerebrovascular diseases and related consulting services; |
| 3. | Developing educational materials related to cardio-cerebrovascular diseases and providing education and public relations; |
| 4. | Training and developing human resources for consulting services on cardio-cerebrovascular diseases; |
| 5. | Other services the Minister of Health and Welfare or the Commissioner of the Korea Disease Control and Prevention Agency deems necessary for preventing cardio-cerebrovascular diseases. |
| (3) | Other matters necessary for implementing programs for preventing cardio-cerebrovascular diseases shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[Moved from Article 7; previous Article 10 moved to Article 16 <Jun. 10, 2022>]
| Article 11 (Epidemiological Investigations) |
| (1) | Where the Commissioner of the Korea Disease Control and Prevention Agency deems it necessary for identifying the causes of the occurrence and recurrence of cardio-cerebrovascular diseases, he or she may conduct an epidemiological investigation. <Amended on Aug. 11, 2020> |
| (2) | Matters necessary for the timing of, methods for, details, etc. of epidemiological investigations under paragraph (1), shall be prescribed by Presidential Decree. |
[Moved from Article 8; previous Article 11 moved to Article 17 <Jun. 10, 2022>]
| Article 12 (Designation of Central Center for Cardio-Cerebrovascular Diseases) |
| (1) | The Minister of Health and Welfare may designate the central center for cardio-cerebrovascular diseases from among general hospitals defined in Article 3-3 of the Medical Service Act, to provide the following services: |
| 1. | Providing technical assistance and support for evaluation necessary for operating the regional centers for cardio-cerebrovascular diseases and the local centers for cardio-cerebrovascular diseases; |
| 2. | Assistance with affairs related to formulation of comprehensive plans; |
| 3. | Surveys and research on the prevention and medical treatment of, and rehabilitation from, cardio-cerebrovascular diseases; |
| 4. | Collecting, analyzing, and providing data related to the programs for statistics on registration of cardio-cerebrovascular diseases at the regional centers and local centers for cardio-cerebrovascular diseases; |
| 5. | Education and public relations for the prevention and management of cardio-cerebrovascular diseases; |
| 6. | Education and training of human resources engaged in programs of the regional centers for cardio-cerebrovascular diseases or the local centers for cardio-cerebrovascular diseases; |
| 7. | Other programs determined by the Minister of Health and Welfare. |
| (2) | The standards, methods, etc. for designating the central center for cardio-cerebrovascular diseases shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Jun. 10, 2022]
[Previous Article 12 moved to Article 18 <Jun. 10, 2022>]
| Article 13 (Designation of Regional Centers for Cardio-Cerebrovascular Diseases and Local Centers for Cardio-Cerebrovascular Diseases) |
| (1) | The Minister of Health and Welfare may designate the regional centers for cardio-cerebrovascular diseases and the local centers for cardio-cerebrovascular diseases from among general hospitals defined in Article 3-3 of the Medical Service Act to conduct the following business: <Amended on Jun. 10, 2022> |
| 1. | Medical examination and early rehabilitation focused on emergency patients with severe cardio-cerebrovascular diseases; |
| 2. | Surveys and research on regional or local prevention and medical treatment of and rehabilitation from cardio-cerebrovascular diseases; |
| 3. | Collection, analysis, and provision of regional or local data related to survey and statistics programs for cardio-cerebrovascular diseases; |
| 4. | Regional or local public relations and education for the prevention and management of cardio-cerebrovascular diseases; |
| 5. | Other programs determined by the Minister of Health and Welfare as necessary for the management of cardio-cerebrovascular diseases. |
| (2) | The Minister of Health and Welfare may evaluate the designation standards, operation performance, etc. of the medical institutions designated under paragraph (1). <Newly Inserted on Jun. 10, 2022> |
| (3) | The Minister of Health and Welfare may re-designate the regional centers for cardio-cerebrovascular diseases or the local centers for cardio-cerebrovascular diseases every three years, based on the results of evaluation under paragraph (2). <Newly Inserted on Jun. 10, 2022> |
| (4) | If the regional centers for cardio-cerebrovascular diseases or the local centers for cardio-cerebrovascular diseases fail to perform any of the programs specified in paragraph (1) or to comply with the guidance or supervision under Article 17, the Minister of Health and Welfare may order them to take corrective measures. <Amended on Jun. 10, 2022> |
| (5) | The Minister of Health and Welfare may revoke the designation of the regional centers for cardio-cerebrovascular diseases or the local centers for cardio-cerebrovascular diseases, in any of the following cases: <Amended on Jun. 10, 2022> |
| 1. | If the regional or local centers for cardio-cerebrovascular diseases fail to perform programs specified in paragraph (1) or to comply with a corrective order issued under paragraph (4); |
| 2. | If the regional or local centers for cardio-cerebrovascular diseases fail to meet the standards for designation under paragraph (6); |
| 3. | If the regional or local centers for cardio-cerebrovascular diseases fail to comply with the guidance or supervision under Article 17; |
| 4. | If the regional or local centers for cardio-cerebrovascular diseases fall under the grounds prescribed by Presidential Decree. |
| (6) | Matters necessary for the standards, methods, procedures for the designation and re-designation of the regional centers for cardio-cerebrovascular diseases or the local centers for cardio-cerebrovascular diseases and the procedures for revocation of designation shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jun. 10, 2022> |
[Title Amended on Jun 10, 2022]
[Moved from Article 9; previous Article 13 moved to Article 20 <Jun. 10, 2022>]
| Article 14 (Operation of Information System for Cardio-Cerebrovascular Diseases) |
| (1) | The Minister of Health and Welfare and the Commissioner of the Korea Disease Control and Prevention Agency may establish and operate an information system for cardio-cerebrovascular diseases to efficiently process various data and information necessary for the prevention and management of cardio-cerebrovascular diseases, to process records, and to conduct management affairs electronically. |
| (2) | Where unavoidable for conducting the administrative affairs related to the establishment and operation of an information system for cardio-cerebrovascular diseases, the Minister of Health and Welfare and the Commissioner of the Korea Disease Control and Prevention Agency may manage data containing information on health referred to in Article 23 of the Personal Information Protection Act and personally identifiable information referred to in Article 24 of that Act. In such cases, the Minister of Health and Welfare and the Commissioner of the Korea Disease Control and Prevention Agency shall protect the relevant information in accordance with the Personal Information Protection Act. |
| (3) | Matters necessary for the establishment, operation, etc. of an information system for cardio-cerebrovascular diseases shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 15 (Cooperation in Providing Data) |
| (1) | The Minister of Health and Welfare, the Commissioner of the Korea Disease Control and Prevention Agency, the relevant Mayor/Do Governor, or the head of a Si/Gun/Gu (including a person delegated or entrusted with authority pursuant to Article 20; hereafter in this Article the same shall apply) may request medical personnel or medical institutions under the Medical Service Act that diagnose and treat cardio-cerebrovascular diseases, the National Health Insurance Service and the Health Insurance Review and Assessment Service under the National Health Insurance Act, the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions, and other corporations and organizations that conduct programs related to cardio-cerebrovascular diseases to submit data or present their opinions necessary for conducting the following affairs, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, a person who is requested to submit data and similar shall comply with it unless there is a good reason: |
| 1. | Research programs for cardio-cerebrovascular diseases under Article 8; |
| 2. | Survey and statistics programs for cardio-cerebrovascular diseases under Article 9; |
| 3. | Programs for preventing cardio-cerebrovascular diseases under Article 10; |
| 4. | Epidemiological investigation under Article 11; |
| 5. | Designation, etc. of the centers for cardio-cerebrovascular diseases under Articles 12 and 13; |
| 6. | Establishment and operation of an information system for cardio-cerebrovascular diseases under Article 14; |
| 7. | Other affairs deemed necessary by the Minister of Health and Welfare in relation to cardio-cerebrovascular diseases. |
| (2) | Where the Minister of Health and Welfare, the Commissioner of the Korea Disease Control and Prevention Agency, the Mayor/ Do Governor, or the head of a Si/Gun/Gu requests the provision of necessary data pursuant to paragraph (1), he or she may request the provision of data on health under Article 23 of the Personal Information and data including personally identifiable information under Article 24 of that Act. In such cases, an institution or a person upon receipt of the request shall comply therewith unless there is good cause. |
| (3) | Where the Minister of Health and Welfare, the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu manages personally identifiable information, he or she shall take measures necessary to ensure safety, such as encrypting such information to protect personal information, as prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 16 (Subsidization of Expenses) |
The State and local governments may fully or partially subsidize any of the following expenses: <Amended on Jun. 10, 2022>
| 1. | Expenses incurred by the cardio-cerebrovascular disease centers in expanding the facilities, human resources, and equipment necessary for conducting business and providing services under Articles 12 (1) and 13 (1); |
| 2. | Expenses for conducting research programs for cardio-cerebrovascular diseases under Article 8; |
| 3. | Expenses for conducting the survey and statistics programs for cardio-cerebrovascular diseases under Article 9; |
| 4. | Expenses for conducting programs for the prevention and management of cardio-cerebrovascular diseases under Article 10; |
| 5. | Expenses incurred by the corporations and organizations entrusted with duties under Article 20 in performing the entrusted duties. |
[Moved from Article 10 <Jun. 10, 2022>]
| Article 17 (Guidance and Supervision) |
The Minister of Health and Welfare may guide and supervise the cardio-cerebrovascular disease centers in conducting business services, and may order the head of a cardio-cerebrovascular disease center to report the business performance and other matters necessary for operational status or submit necessary documents.
[Moved from Article 11 <Jun. 10, 2022>]
Where the Minister of Health and Welfare intends to revoke designation under Article 13 (5), he or she shall hold a hearing. <Amended on Jun. 10, 2022> [Moved from Article 12 <Jun. 10, 2022>]
| Article 19 (Prohibition against Disclosure of Confidential Information) |
No one who is or was engaged in the cardio-cerebrovascular disease programs under this Act shall disclose confidential information he or she learned in the course of performing his or her duties.
[This Article Newly Inserted on Jun. 10, 2022]
| Article 20 (Delegation and Entrustment) |
| (1) | The Minister of Health and Welfare may delegate part of his or her authority vested under this Act to the Commissioner of the Korea Disease Control and Prevention Agency, the heads of affiliated agencies, or the Mayor/Do Governor, or entrust part of his or her duties to corporations and organizations related to cardio-cerebrovascular diseases, as prescribed by Presidential Decree. |
| (2) | Part of authority or duties of the Commissioner of the Korea Disease Control and Prevention Agency vested under this Act may be delegated to a Mayor/Do Governor, or entrusted to a corporation and an organization related to cardio-cerebrovascular diseases, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 11, 2020]
[Moved from Article 13 <Jun. 10, 2022>]
| Article 21 (Penalty Provisions) |
A person who discloses confidential information in violation of Article 19 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. [This Article Newly Inserted on Jun. 10, 2022]
ADDENDA <Act No. 14217, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Article 6 shall enter into force three months after the date of its promulgation. Article 2 (Transitional Measure concerning Centers for Cardio-Cerebrovascular Diseases)
ADDENDUM <Act No. 16730, Dec. 3, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17205, Apr. 7, 2020>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 17472, Aug. 11, 2020>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation: Provided, That ... <omitted> ... the amended provisions of any Act, which is amended pursuant to Article 4 of this Addenda and promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act. Articles 2 through 5 Omitted.
ADDENDA <Act No. 18897, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.