Research On The Legal System Of Long-term Care Insurance

Long-term care insurance is a social insurance system established to protect the long-term care of people with disabilities and dementia.The right to long-term care insurance enjoyed by the people stems from the constitutional right of the "right to material assistance",which is a new type of social insurance right formed by the overlapping right to medical insurance,the right to protect the rights and interests of the elderly,and the right to welfare security for the disabled.Therefore,on the basis of distinguishing the right to long-term care insurance from other social security rights,the connotation and extension of the right to long-term care insurance are clarified.Looking at the development of the legal system of long-term care insurance in foreign countries,it has experienced the development process of mixed integration with medical insurance to gradual independence,from mixed security relying on social assistance to social insurance and commercial insurance and then to the integration of the two,with the development of economic level and the clear responsibility of the government.The experience of the legal system of long-term care insurance in foreign countries has given us enlightenment: first,to determine the hierarchical standards of social insurance and commercial insurance for the people covered by long-term care;The second is to strengthen the government’s regulatory role in the long-term care insurance fund,and orderly realize the treatment guarantee for the disabled and dementia.China began the pilot of long-term care insurance in 2016,and has accumulated certain experience,and the main element system such as financing system,handling management,and treatment payment has been gradually improved.The continuous improvement of policy pilots is bound to promote the process of building a legal system for long-term care insurance.At present,China’s long-term care insurance is mainly operated in accordance with central policies,departmental rules and local government rules,and it is urgent to establish a unified legal system for long-term care insurance.Under the Social Insurance Law of the People’s Republic of China,a unified implementing regulation of long-term care insurance should be established.The construction of the legal system of long-term care insurance should be based on the legislative concept of substantive fairness,mutual assistance and shared development,and the protection of the right to long-term care insurance for the disabled as the core.In terms of the construction of specific norms,efforts should be made to clarify the social insurance legal relationship,handling service legal relationship,longterm care service legal relationship,administrative management supervision legal relationship,and rights and obligations between the insured,the handling management institution,and the service entrusted to provide long-term care.At the same time,supporting legal norms such as the identification of long-term care needs,long-term care service standards,and legal remedies should be constructed.