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Medical services for foreigners
August 30, 2010, Monday
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Print Edition
Print Edition
TO establish a sound medical service system for foreigners and protect the legitimate rights and interests of foreigners, compatriots from Hong Kong, Macau and Taiwan, and other overseas Chinese, China has promulgated the following laws and regulations.
1. Foreigners shall be given equal access to medical services in China.
Foreign nationals are entitled to the same treatment as Chinese when they apply for medical benefits or receive medical treatment. There are no restrictions on foreign nationals receiving medical treatment in either a facility catering to foreigners or one serving Chinese residents. Such hospitals must be licensed as a medical institution. Foreign doctors who work in China must be certified to practice medicine. Their practice must be limited to treatment contained in the certificate and all their records must be written in Chinese. Medical institutions are required to post clear and uniform medical service charges for all patients, both Chinese and foreigners. Patients are entitled to choose general practice medical services or specialist medical care.
2. Legal advocacy in dispute resolution
In the case of disputes arising from medical treatment, a foreign party may file a lawsuit in his home country if that court also has jurisdiction over overseas medical dispute cases.
However, any foreign court decision is not automatically binding in the People's Republic of China unless there are reciprocal agreements between both countries covering such legal action.
If a court suit is initiated in China, the People's court sitting in the area of the medical institution named in the suit will have jurisdiction over the case.
If the dispute relates to a medical services contract, the burden of proof lies upon him who affirms. If the case is concerned with medical malpractice, the victim needs only give proof of the treatment they received in the medical institution and any adverse effects that resulted. If a medical institution can disprove any cause-and-effect relationship between its medical procedures and the results, they will not be held responsible for any damages.
3. Health insurance advice for foreigners
Foreign experts whose employment term in China is less than half a year should buy insurance for medical care in China on their own before they come to China.
The insurance should include coverage of doctors' fees and in-hospital expenses. Those who fail to buy the insurance before they come to China may buy insurance covering medical fees and hospital costs while in China.
For foreigners whose employment term in China is more than half a year or more than one semester at school, employers in China should provide medical insurance. Such insurance is not required if foreigners coming to work in China have bought insurance prior to their arrival and are covered for any medical or emergency medical care. Family members of foreigners working in China should also be covered by health care insurance, and that coverage is a matter of negotiation between the employer and employee.
1. Foreigners shall be given equal access to medical services in China.
Foreign nationals are entitled to the same treatment as Chinese when they apply for medical benefits or receive medical treatment. There are no restrictions on foreign nationals receiving medical treatment in either a facility catering to foreigners or one serving Chinese residents. Such hospitals must be licensed as a medical institution. Foreign doctors who work in China must be certified to practice medicine. Their practice must be limited to treatment contained in the certificate and all their records must be written in Chinese. Medical institutions are required to post clear and uniform medical service charges for all patients, both Chinese and foreigners. Patients are entitled to choose general practice medical services or specialist medical care.
2. Legal advocacy in dispute resolution
In the case of disputes arising from medical treatment, a foreign party may file a lawsuit in his home country if that court also has jurisdiction over overseas medical dispute cases.
However, any foreign court decision is not automatically binding in the People's Republic of China unless there are reciprocal agreements between both countries covering such legal action.
If a court suit is initiated in China, the People's court sitting in the area of the medical institution named in the suit will have jurisdiction over the case.
If the dispute relates to a medical services contract, the burden of proof lies upon him who affirms. If the case is concerned with medical malpractice, the victim needs only give proof of the treatment they received in the medical institution and any adverse effects that resulted. If a medical institution can disprove any cause-and-effect relationship between its medical procedures and the results, they will not be held responsible for any damages.
3. Health insurance advice for foreigners
Foreign experts whose employment term in China is less than half a year should buy insurance for medical care in China on their own before they come to China.
The insurance should include coverage of doctors' fees and in-hospital expenses. Those who fail to buy the insurance before they come to China may buy insurance covering medical fees and hospital costs while in China.
For foreigners whose employment term in China is more than half a year or more than one semester at school, employers in China should provide medical insurance. Such insurance is not required if foreigners coming to work in China have bought insurance prior to their arrival and are covered for any medical or emergency medical care. Family members of foreigners working in China should also be covered by health care insurance, and that coverage is a matter of negotiation between the employer and employee.
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