Research On Administrative Law Of Long-term Care Insurance Payment

In order to cope with the increasingly severe problem of population aging,countries(regions) have successively created long-term care insurance systems.Our country also started to put the construction of a long-term care insurance system on the agenda in 2016 with 15 cities as pilot projects.Benefit payment is the core link of long-term care insurance,and its effect directly affects the smooth realization of insurance objectives.At the same time,in our country,long-term care insurance,which is clearly defined as social insurance,the realization of insurance benefits can best reflect the government’s active obligations under the guidance of the theory of payment administration.From the perspective of administrative law,based on the current status of insurance payment in 15 pilot cities,discuss the administrative legal relationship of the parties in the long-term care insurance payment,analyzing the legal problems existing in the insurance payment link,it is believed that there are problems in the current pilot cities: lack of support from higher-level laws;unclear insurance payment regulations;administrative agreement management designated institutions that still need to be improved.On the basis of combining the useful experience of long-term care insurance payment in typical foreign countries and our country’s Taiwan region,analyze the government’s responsibilities,put forward corresponding suggestions for the problems found,to explore the establishment and improvement of long-term care insurance benefits suitable for our country’s national conditions.On the issue of lack of support from the upper-level law,suggestions are made to improve the laws and regulations of long-term care insurance.Because constitutional rights cannot directly become the basis of the right to claim,the formulation and improvement of specific laws are indispensable to guarantee the realization of citizens’ social security rights.The important content of insurance payment is the payment object and payment method.In terms of recipients,social welfare is the basic right of citizens.Under the equality stipulated by the Constitution,the same situation should be treated in the same way.The long-term care insurance system starting from dealing with aging should eventually achieve universal coverage regardless of age.In terms of payment mode,choosing the mixed payment mode with nursing service as the principle and cash payment as the supplement is more conducive to ensuring the full realization of the insurance payment claim right of the payment recipients.Under the mixed payment mode,the supplementary role of cash payment should be attached importance to.The government is the ultimate responsibility of social welfare,allow private entities to participate in the state’s provision of social welfare,administrative agreements have become an important way for administrative agencies to implement administrative management in modern administrative law,in the process of enterprise application to become a designated institution and the implementation of administrative agreement,the regulation of administrative law is needed to improve it.