TITLE IX
The European and National Health Insurance Card
#CIN
NOTE:
The methodological norms form the application of the provisions regarding the
National health insurance card from Title IX “European and National Health Insurance
Card” from Law 95/2006 regarding the healthcare reform, have been approved through the
Government Decision no. 900/2012.
#B
CAP. 1
General Provisions
Art. 318
The present title establishes the principles, general frame and procedures regarding the
elaboration, implementation and distribution, in Romania, of the European and National
Health Insurance Card, and also, the responsibilities of the public institutions involved in this
process.
Art. 319
Under the provisions of the present title the terms and notions have the following
meaning:
a) European Health Insurance Card, hereinafter referred to as the European card –
document that grants its insurant the right to the medical services necessary during
his temporary stay in a state member of the European Union;
b) National Health Insurance Card, hereinafter referred to as National card –
document that proves that its owner is ensured in the healthcare system in
Romania;
c) Health Insurance Houses – County Health Insurance Houses and the Health
Insurance House of Bucharest;
d) Insurant – person ensured according to the legislation in force in the Romanian
health insurance system;
e) Temporary stay – the traveling of a person in one of the European Union states, for
touristic, professional, study, family reasons, for the period of time of the
traveling, but no more than 6 months.
CAP.2
European Health Insurance Card
Art. 320
The European card contains the following essential visible information:
a) Full name of the insurant;
b) Personal identification number of the insurant;
c) Date of birth of the insurant;
d) The expiration date of the card;
e) The National Organization for Standardization’s code for the state issuing the card;
f) Identification number and acronym of the health insurance house issuing the card;
g) Card number.
#M12
Art. 231
(1) The European Card is issued to the insurant by the health insurance house at
which he is ensured. From January 1st 2008 the cost of the European card is supported from
the National Unique Health Insurance Fund.
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(2) The issuance of the European card can’t be refused by the health insurance house
unless the insurant can’t prove the payment of his health insurance contribution is up to date.
(3) The issuance of the European card is made only through the unique national
electronic system which manages the application of the European Union regulations regarding
the rights of the insurant in temporary stay in a different state of the European Union.
(4) The insurant which requests the replacement of the European card during the
validity period set in the European Union’s regulations, will benefit, surcharge, from a
different card whose validity period can’t exceed the validity period of the initial card.
(5) The data requested by the health insurance houses issuant of the European card,
and other institutions which handle this information are subject to the legislation regarding the
personal data protection.
(6) If for exceptional circumstances the European card can’t be issued, the health
insurance house can issue a temporary replacement certificate with the validity period set in
art. 323 .The model of the temporary certificate is approved by order of the President of the
National Health Insurance House.
#M71
Art. 322
The European card is issued only in case the insurant travels temporary to a state
member of the European Union. In case of exceptional circumstances, which prevent the
issuance of the card for the insurant, the health insurance house issues the temporary
replacement certificate of the European card. The European card and the replacement
certificate grant the insurant the right to the same medical services.
#B
Art. 323
The validity period of the European card is set so that it can cover the duration of the
temporary stay, but no more than 6 months from its’ issuance.
Art. 324
(1) The European card can be used by the insurant in the health insurance system in
Romania, only on the territory of other states members of the European Union.
(2) For the persons provided in paragraph (1) the European card does not produce any
effects on the Romanian territory and does not create any obligations for the medical services
providers in Romania.
Art. 325
(1) The medical services providers in contractual relation with the health insurance
houses are obligated to grant the necessary medical assistance to the owners of the European
card issued by one of the states members of the European Union, during the validity period of
the card, in the same conditions as the services provided to persons insured in the Romanian
health insurance system. The providers will separately report and highlight the services
provided to these persons to the health insurance houses.
(2) The health insurance houses are obligated to acknowledge the cards issued by the
states members of the European Union.
Art. 326
(1) The European card grants its owner the right to benefit from the medical assistance
necessary during his temporary stay in a state member of the European Union.
(2) The expenses performed with the medical assistance provided at paragraph (1) will
be reimbursed by the health insurance house issuant of the card, through the National Health
Insurance House.
(3) The medical assistance provided at paragraph (1) must not exceed what is
necessary from a medical point of view, during the temporary stay.
(4) The persons ensured in one of the states members of the European Union, which
own a European card, will be treated in Romania as the Romanian insurant.
(5) Separate funds will be allocated to National Health Insurance House budget for the
reimbursements provided at paragraph (2).
Art. 327
The European card is issued individually for each insurant.
Art 328.
The European card does not cover the situation in which the insurant travels to a state
member of the European Union especially to receive medical treatment.
Art. 329
The technical characteristics of the European card and also the elaboration and
implementation methods are approved by order of the President of the National Health
Insurance House.
CAP. 3.
The National Health Insurance Card
Art. 330
(1) The National health insurance card is an electronic card different from the
European health insurance card.
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(2) The national card is issued to prove the quality of insurant for providing the
medical services, and its elaboration and implementation is an issue of public utility and
national interest.
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Art. 331
(1) The minimum information that can be accessed from the national card are the
following :
a) name, surname and personal identification number of the insurant;
b) the unique identification code in the health insurance system;
c) the identification number of the health insurance card.
#M94
(2) *** Repealed
(3) *** Repealed
(4) *** Repealed
(5) *** Repealed
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(6) The access of the medical personnel to the information registered on the national
health insurance card will be set by methodological norms for the application of the
provisions regarding the national health insurance card provided in Title IX, “European and
National Health Insurance Card” from Law 95/2006 regarding the healthcare reform”.
#M93
(7) In the storage media of the national health insurance card, in different partitions
than the ones where information regarding the operation of the card are stored, digital
certificates can be registered, as they are defined by Law no. 55/2001 regarding the electronic
signature with the latest modifications, for utilization in relation with the Romanian public
authorities, the utilization of the card in these situations being provided by normative acts
elaborated or issued by the respective authorities.
(8) The new identity cards, issued from 2014, with appropriate security elements,
according to the provisions of Government Emergency Ordinance no. 82/2012, for the
modification and completion of some normative provisions regarding the population
evidence, the identity documents of the Romanian citizens, and the residence documents of
citizens from states members of the European Union and the European Economic Space,
residents in Romania, approved by Law no. 235/2013, will function also as national health
insurance cards.
(9) From the moment an identity card like the one mentioned at paragraph (8) is issued
to a citizen, his national health insurance card stops being valid.
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Art. 332
(1)The expenses necessary for the production of the national health insurance card,
respectively the document that attests the quality of insurant, are supported from the Ministry
of Health budget.
#M89
(2)The expenses necessary for the production of the electronic solutions for the
administration of the national health insurance card, and also the expenses for the
distribution of the card through postal services, are supported by CNAS from the Unique
National health insurance Fund.
#M64
(3) For the payment and distribution of the national health insurance card, the
Ministry of Health and CNAS will conclude a contract with the National Company “The
National Printing House” S.A. The payment method of the national card from the Ministry of
Health’s budget to the National Printing House S.A. and the distribution mechanism of the
national card managed by CNAS, will be set in the methodological norms provided in art. 331
paragraph (6).
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(4) The distribution of the cards to the insured people will be made according to the
methodological norms provided in art. 331 paragraph (6).
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(5) In case the insurant requests a duplicate card, the issuance and distribution
expenses will be supported by the insurant, except for the case when the duplicate is
requested for technical functioning reasons.
(6) The methodology for issuance of the duplicate card provided at paragraph (5) will
be approved by order of the president of CNAS.
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Art. 333
(1) The electronic component of the national health insurance card is an integrated
part of the informatics system of health insurance.
#M64
(2) The national health insurance card is issued and administrated by utilizing the
operation and management services of a unit created especially for this purpose. CNAS
issued and administrated the national health insurance card and has the quality of personal
data operator for the mentioned data.
#M84
(3) The processing of personal data from the national card is made under the
conditions of Law 677/2001 on protection regarding the processing of personal data and free
communication of personal data, with the latest modifications and completions, and the
method for the insured person to access their personal health situation data, will be set in the
methodological norms provided in art. 331 paragraph (6).
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Art. 334
The national card can only be used on the Romanian territory.
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Art. 335
(1) The providers of medical services, drugs and medical devices in contractual
relations with the health insurance houses, and the owners of national health insurance
cards, are obligated to request and, respectively, to present this document, when medical
assistance is provided, under the conditions set forth in the framework-contract and the
methodological norms for the application of this contract.
(2) Other obligations of the providers of medical services, drugs and medical devices,
for the implementation of the national health insurance card system will be set forth in the
methodological norms for the applications of the provisions of the present chapter.
#M45
Art. 336
(1) The national health insurance card is issued individually, for each insurant with
age of over 18, as provided in art. 211 paragraph (1), art.213 and art. 215.
(2)The insurants with age over 18 benefit from medical services, drugs and medical
devices deducted from the Unique National Health Insurance Fund, based on the documents
that prove their quality of insurants, provided at art. 213 paragraph (1) let. a).
(3) The ensured persons provided at paragraph (1) are obligated to present the
national health insurance card in order to benefit from medical services from the providers in
contractual relation with the health insurance houses. If the national card is not presented,
the services can only be provided surcharge, except for the services mentioned in art. 220.
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Art. 337
The technical characteristics of the national card and, also, the elaboration and
implementation methods are approved by order of the president of CNAS.
#M45
Art. 338
According to art.332, amounts for the national health insurance card will be provided
in the Unique National Health Insurance Fund.
#M89
Art. 338^1
(1) The production of the national health insurance card is made by National
Company “The National Printing House” S.A., who can receive amounts of up to 30% in
advance from the Ministry of Health’s budget, and also, partial payments, with retaining the
afferent advance, from the funds annually allocated to the production of the national health
insurance cards, for the national cards produced, before they are personalized with the
identification data of the insurants.
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(1^1) As an exception to the provisions of art.52 paragraph (10) from Law no.
500/2002, with the latest modifications and completions, the Ministry of Health will not
charge interest and delay penalties or delay increases to the amounts representing advance
payments according to paragraph (1).
#M89
(2) The payment difference, until the full value of the national health insurance cards,
will be made after the national cards are received with the personalized data of the insurants.
(3) The personalization of the national health insurance card is performed by the
Unique National Center for Electronic Passports’ Personalization within the General
Passports’ Directorate, component structure of the Ministry of Internal Affairs.
(4) The necessary personalization equipments and application, according to
paragraph (2), and also the services for their continuous operation is ensured by National
Company “The National Printing House” S.A. and CNAS.