Research On Legislation Of Long-term Care Insurance System In China

The development of cities brings about the flow of labor force.The change of fertility concept brings about the miniaturization of family structure.And the traditional child-centered family care model is facing a crisis.The long-term care market for the elderly is in short supply.In order to solve this problem,China began to implement the long-term care insurance system in pilot cities in 2016.Although the system has achieved initial results,the long-term care insurance system lacks stability,predictability and coerciveness due to the lack of legislation.Based on the investigation of the long-term care insurance system in pilot cities and the experience of the long-term care insurance system outside China,this paper studies the relevant problems in the legislation of China’s long-term care insurance system,so as to adapt to the problems caused by aging and protect the rights of disabled elderly people.The first part introduces the basic theory of long term care insurance.Long-term care insurance is a kind of social insurance which is independent of medical insurance and provides cash or in-kind compensation for the care expenses of the elderly who cannot take care of themselves due to physical or mental reasons.Long-term care insurance originates from citizens’ right to social security,which is the right that citizens enjoy to receive life security from the state and society when they encounter social risks such as old age and disease.It has experienced different stages of poverty relief,social insurance,social security and social security system.The second part introduces the foreign law investigation of long-term care insurance system,and expounds the long-term care social insurance model represented by Germany and Japan and the commercial insurance model represented by the United States.Both models are relevant to national contexts.After a long period of development,special long-term care insurance law has been established,but each has its own characteristics.The German model has broad coverage,social responsibility of commercial insurance companies and mutual aid.The Japanese model has the characteristics of preventive care,government sharing and classification.The US model is flexible,competitive and poorly regulated.The third part takes Qingdao,Shanghai and Suzhou as examples to introduce the pilot practice of China’s long-term care insurance system.Qingdao is the first city to start the long-term care insurance system,which focuses on the physical and mental health of the elderly.The care includes psychological evaluation and counseling,and the establishment of the security fund for preventing disability and dementia.Shanghai has developed relatively complete government documents,which covers preventive care and provides detailed regulations on the items,duration and frequency of care services.Suzhou is in many ways in line with the Shanghai model,except for the lack of preventive care and fewer services.The above models all have the problems of lack of legislation,lack of sustainable financing channels and high cost of government management.The fourth part introduces the legislative ideas of our country’s long-term care insurance system.We should follow the basic principles of social security law and establish a special long-term care insurance law.First,it covers the insured of medical insurance,and protects the elderly with moderate and severe disability who are 60 years old or above and last for more than 6 months.Second,we should explore and establish a financing model with the participation of individuals,governments,enterprises and other parties,and raise funds in a certain proportion to ensure the sustainable operation of long-term care insurance fund.Third,payment methods that combine cash,services and other means are adopted to meet the personalized needs of the elderly.Fourth,it is necessary to designate a specialized agency to supervise the operation of long-term care insurance,to set up a special account to keep long-term care insurance funds,and to establish risk control mechanisms such as information disclosure to supervise and manage long-term care insurance account funds to ensure their safety.Improving the social status and treatment of nursing institutions and staff to ensure the quality of service is important.