| The legal certification of care demands is the precondition of nursing service payment,and its result determines the appropriateness of payment.Therefore,the smooth operation of long-term care insurance cannot be separated from the legal certification of care demands.By consulting the policy documents about the legal certification of care demands of long-term care insurance in various pilot cities,this paper makes a comparative analysis from five aspects and points out the problems:the first is the problem of entity certification standard.The second is the issue of the rules of procedure.The third is the subject of the legal certification of care demands.The fourth is the problem of the subject of the legal certification of care demands.The fifth is the relief of the legal certification of care demands.In view of this,this paper,referring to the norms of Germany and Japan and the actual situation in China,puts forward some suggestions on the deficiencies of the legal certification of care demands of long-term care insurance,in order to contribute to the construction of the long-term care insurance system.The first is to formulate a unified standard of care demands identification,and combine the results of legal identification of nursing needs with nursing payment,so as to better provide long-term care services for disabled groups;The second is to clarify the process of legal certification of care demands,increase the link of secondary expert certification to ensure the scientificity of the results,and establish the standard of follow-up certification to adjust the results in time to ensure the safety of funds;The third is to expand the scope of the subject of legal certification of care demands,starting from expanding the insured and relaxing the qualification restrictions,so that more people who may have long-term care needs can enjoy the payment of long-term care;The fourth is to supervise the subject of legal certification obligation of nursing demands.First,establish a scientific and reasonable access and exit mechanism,conduct regular spot checks on the recognition work,and ensure the scientific and reliable results.Second,increase the education and training of legal certification personnel of nursing demands,so as to provide professional talents for the effective operation of long-term care insurance;The fifth is to provide both administrative and judicial relief procedures for care needs,and to build a reasonable avoidance system to ensure the procedural justice of the right subject. |
