Administrative Measures for the Provision of Assistive Devices for Work-related Injury Insurance (Revised in 2018)

Administrative Measures for the Provision of Assistive Devices for Work-related Injury Insurance (Revised in 2018)
Administrative Measures for the Provision of Assistive Devices for Work-related Injury Insurance (Revised in 2018)

Order of the Ministry of Human Resources and Social Security of the People's Republic of China No. 38

December 14, 2018

(Promulgated by Order of the Ministry of Human Resources and Social Security, the Ministry of Civil Affairs and the National Health and Family Planning Commission No. 27 on February 16, 2016 and revised in accordance with the Decision of the Ministry of Human Resources and Social Security on Revising Certain Rules issued on December 14, 2018)

Chapter I General Provisions

Article 1 The Administrative Measures for the Provision of Assistive Devices for Work-related Injury Insurance (Revised in 2018) (hereinafter referred to as "these Measures") are formulated in accordance with the Regulations on Work-Related Injury Insurance to standardize the provision and management of the assistive devices for work-related injury (hereinafter referred to as the "assistive devices") and safeguard the legitimate rights and interests of employees with work-related injuries.

Article 2 These Measures apply to the provision of such assistive devices as artificial limbs, orthotic devices, artificial eyes, artificial teeth and wheelchairs, upon identification by a working capability assessment committee, to employees with work-related injuries so as to meet their needs for daily life or employment.

Article 3 Administrative departments of human resources and social security shall supervise and manage the provision of assistive devices. Departments of civil affairs, and health and family planning or other administrative departments shall be responsible for relevant supervision and management work within the scope of their duties.
The agency handling the social security affairs (hereinafter referred to as the "social insurance agency") shall be in charge of managing, by way of agreement, the assistive device-assembling institutions and medical institutions that apply to undertake the service of providing assistive devices (hereinafter referred to as "institutions providing assistive devices"), and shall verify and pay the fees in accordance with relevant rules.

Article 4 The work capability assessment committee for a city under which districts are established (including municipal district or town of a municipality directly under the central government) shall be responsible for determining the provision of assistive devices.

Article 5 Administrative departments of human resources and social security of each province, autonomous region and municipality under the central government shall be responsible for formulating measures for evaluating and identifying the institutions providing assistive devices.
Social insurance agencies shall enter into service agreements with the institutions providing assistive devices in accordance with the aforesaid measures and disclose to the public the list of institutions providing assistive devices (hereinafter referred to as "designated institutions").

Article 6 The Ministry of Human Resources shall formulate the national catalog for the provision of assistive devices for work-related injuries in accordance with the level of economic and social development and the needs of employees with work-related injuries for daily life and employment, determining the items to be provided, the scope of application, the minimum service life and other contents, which will be subject to adjustment in due course.
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