Implementing Rules of the Regulations on Basic Medical Insurance for Urban Employees in Hainan Province (2009)

Article 1 These Implementing Rules are formulated in accordance with the Regulations on Basic Medical Insurance for Urban Employees in Hainan Province (hereinafter referred to as the Regulations). Article 2 All urban employers and their employees within the administrative area of this province, regardless of the form of payment and obtaining labor remuneration, shall participate in basic medical insurance and pay basic medical insurance premiums in accordance with the provisions of the Regulations. Except for those who are able to provide valid certificates issued by social insurance agencies outside the integrated area of this province that they have participated in the insurance.

Flexibly employed persons shall participate in basic medical insurance in their personal capacity. Article 3 The retirees referred to in the regulations are those who have retired (retired) in the province and receive basic pension (retirement fee) on a monthly basis. Article 4 Representative offices of foreign organizations and representative offices of organizations in Hong Kong, Macao and Taiwan established within the administrative area of this province and the Chinese practitioners employed by them shall participate in basic medical insurance in accordance with the provisions of the regulations.

Chinese citizens among the residents of Taiwan, Hong Kong and Macao who are employed by the employers in the administrative region of this province shall participate in basic medical insurance in accordance with the provisions of the Regulations.

Foreign nationals who work in urban employers within the administrative area of the province shall not participate in the basic medical insurance as stipulated in the regulations. If the state provides otherwise, it shall follow its provisions.? Article 5 Registration for participation and payment of contributions shall be carried out in accordance with the following provisions:?

(1) The following units, after registering for basic medical insurance at the provincial social insurance agency, shall register for payment of contributions at the local tax authorities in Haikou:?

1. Central and provincial organs and institutions located in Haikou, private non-enterprise units and social organizations registered with the civil affairs departments at or above the provincial level, enterprises registered with the industrial and commercial administration departments at or above the provincial level, and units belonging to the Qiongjian army that recruit non-military personnel;?

2. Railways, ocean transportation and other cross-regional, production mobility enterprises, voluntarily applying for participation in basic medical insurance in the provincial social insurance agency and approved by the provincial social security administrative department.

(2) Employers in the Yangpu Economic Development Zone, after registering for basic medical insurance at the Yangpu Social Insurance Agency, will register for contributions at the local tax authorities of the Yangpu Economic Development Zone. Its basic medical insurance fund into the provincial level financial account Yangpu sub-account management.

(3) other employers in the city, county, autonomous county social insurance agency for basic medical insurance registration, after the local tax authorities for registration of contributions.?

(4) Flexible employees participating in basic medical insurance in the employment of the city, county, autonomous county social insurance agency for basic medical insurance registration, after the local tax authorities for registration of contributions.? Article 6 The deemed contribution period of the insured shall be implemented in accordance with the following provisions:?

(1) The consecutive years of service or working years calculated in accordance with the state regulations before July 1, 2001 shall be regarded as the years of contribution.

(2) If a person who moves across the integrated area has gone through formal transfer procedures with the competent administrative department of organization, personnel and labor at or above the county level of the province or other departments authorized by it in accordance with the management authority, his/her length of service or working experience in accordance with the state regulations prior to his/her participation in the basic medical insurance in accordance with the regulations shall be regarded as the number of years of contributory service.

(3) If a veteran participates in the basic medical insurance for urban workers in accordance with state regulations, his years of service in the military shall be regarded as years of contribution.? Article 7 A person who has been sentenced to serve a prison term, or has been reformed through labor, or has been expelled, shall not pay basic medical insurance premiums during the period of reform through labor, or during the period of serving the prison term, or during the period of not being re-employed, and shall not be entitled to the basic medical insurance treatment; the actual years of contribution and the years of deemed contribution prior to the sentencing to prison term, or reform through labor, or expulsion from prison, shall be acknowledged.? Article 8 Employers and insured persons who have already participated in two or more basic medical insurance policies shall have the benefits paid by the basic medical insurance co-ordination fund duplicated, and the social insurance agency shall recover the benefits. Article 9 After the basic medical insurance premiums paid by the employer and its employees are transferred to the individual account in accordance with the prescribed ratio, the rest will be transferred to the integrated fund.

Medical expenses incurred by employees during the period of non-payment of fees by the employing unit shall be paid by the employing unit and not by the integrated fund. Article 10 in the provincial level to participate in the employer, the unit to pay the basic medical insurance premium rate of 7% of the total monthly wages of the unit employees, starting from January 1, 2010. 2009 January 1 to December 31, 2009 is still according to the unit employees pay 6% of the total monthly wages.

The rate of basic medical insurance premiums paid by the employers participating in the basic medical insurance at the provincial level shall be adjusted by the provincial social security administrative department in conjunction with the provincial financial department within the range stipulated by the regulations, in accordance with the changes in the average annual wages of the employees on the job in the Haikou area and the income and expenditure of the basic medical insurance fund, and then reported to the provincial government for approval and implementation.

The rate of basic medical insurance premiums paid by the employers participating in basic medical insurance in other co-ordinated areas of the province shall be adjusted by the social security administrative department of the co-ordinated area in conjunction with the financial department within the range prescribed by the regulations, in accordance with the changes in the average annual wages of the employees on the job in the co-ordinated area as well as the income and expenditure of the basic medical insurance fund, and then submitted to the people's government of the co-ordinated area for approval and then implemented. After the approval of the people's government of the co-ordinated area, the program will be implemented.