Section III
(Renumbered from Section II, SG No. 107/2002)
Health Insurance Companies and Licensing

(Title amended, SG No. 107/2002)

Article 91. (Amended, SG No. 113/1999, SG No. 107/2002) A health insurance company shall be a joint-stock company, licensed under this Act, which shall be incorporated, shall carry on business, and shall be dissolved according to the procedure established by the Commerce Act, save in so far as otherwise provided for by this Act.
Article 92. (Amended, SG No. 107/2002) (1) The trade name of any health insurance company shall mandatorily include, whether separately or combined, the words "здравен" (health) and "осигуряване" (insurance) or any derivatives thereof.
(2) Solely a company licensed for the performance of activity comprehended in health insurance may use any collocation of the words "здравен" (health) and "осигуряване" (insurance) or any derivatives thereof, with the exception of National Health Insurance Fund, in the business name thereof, in the description of the activities thereof or in advertising.
Article 93. (Amended, SG No. 113/1999, SG No. 107/2002) (1) The minimum amount of capital that any health insurance company must hold upon submission of an application for a licence shall be BGN 500,000. Within three years after the grant of a licence, any such company must increase the capital thereof to not less than BGN 2,000,000.
(2) Solely payments in cash may be effected in consideration of allotted shares in the capital of any health insurance company.
(3) At the time of submission of an application for the grant of a licence for performance of activity comprehended in voluntary health insurance and at the time of recording of the increase of capital under Paragraph (1) in the Commercial Register, the capital of the company or the value of the new shares, as the case may be, must be fully paid up at a Bulgarian or a foreign commercial bank which has obtained an authorization for conduct of banking business from the Bulgarian National Bank.
Article 94. (Amended, SG No. 65/1999, SG No. 107/2002) (1) Any resident or non-resident natural or legal person, who or which shall acquire, whether independently or through connected persons, 10 per cent or more than 10 per cent of the shares in any health insurance company, shall be obligated within 14 days following the acquisition of the shares to notify the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department through submission of a declaration completed in a standard form.
(2) (Amended SG No. 103/2005) A person may not be a shareholder in a health insurance company, whether directly or through connected persons provided he or she has been reasonably found to make use of the voluntary health insurance activities for purposes contrary to the goals and principles enshrined in Article 82, para 3 of this law and in Article 11 of the Financial Supervision Commission Act.
Article 95. (Amended, SG No. 107/2002, SG No. 8/2003) (1) The standard form of the declaration referred to in Article 94 (1) herein shall be endorsed by an order of the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department.
(2) The following shall be attached to any declaration referred to in Paragraph (1):
1. (amended, SG No. 39/2005, No. 34/2006) Applicant data - name, personal identity number, permanent address - for natural persons; certificate reflecting current status of entry in the Commercial Register;
2. a declaration on the origin of the financial resources for acquisition of the shares, completed in a standard form endorsed by order of the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department;
3. a declaration on non-existence of the circumstances referred to in Article 94 (2) herein, completed in a standard form endorsed by order of the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department;
4. (amended, SG No. 105/2005) a certificate under article 87, paragraph 6 of the Tax and Social Insurance Procedure Code;
5. a certificate by the creditor to the effect that the said creditor consents that the financial resources borrowed be used for acquisition of the shares, where acquired on borrowed resources;
6. (amended, SG No. 85/2004, SG No. 103/2005) a statement on connected persons within the meaning given by Item 12 of § 1 of the Insurance Code.
(3) In case the declarant under Paragraph (1) is a non-resident person, the particulars and documents covered under Paragraph (2) shall be submitted in a form and with contents relevant to the national legislation of the declarant.
Article 96. (Amended, SG No. 107/2002, SG No. 8/2003) (1) In case of inaccuracy or deficiency of the particulars in the declaration referred to in Article 95 (1) herein and/or the documents covered under Article 95 (2) and (3) herein, the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department shall require removal of the deficiencies or inaccuracies within fourteen days.
(2) In case of failure to submit the documents referred to in Paragraph (1) or to cure the non-conformities therein within the time limit referred to in Paragraph (1), the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department shall impose the sanctions under this Act.
(3) In the cases referred to in Paragraph (2) and in case of reasonable doubt as to falsity of the circumstances as declared, the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department shall notify the competent state bodies and, possibly, the creditor referred to in Item 5 of Article 95 (2) herein.
Article 97. (Amended, SG No. 107/2002) (1) The members of the managing or supervisory bodies of any health insurance company may be natural or legal persons.
(2) Eligibility for membership of a Supervisory Board, a Management Board or a Board of Directors shall be limited to persons who:
1. have graduated from a higher educational establishment;
2. have not been sentenced to deprivation of liberty for a premeditated offence at public law;
3. have not been members of a managing or supervisory body of, nor general partners in, any corporation or cooperative dissolved by reason of bankruptcy in case any creditor has been left unsatisfied or in case bankruptcy proceedings have been initiated there against;
4. have not been members of a managing or supervisory body of any commercial bank which has been adjudicated bankrupt or where against bankruptcy proceedings have been initiated;
5. are not disqualified from occupying a position of property accountability;
6. are not spouses of any other members of a management or supervisory body of the same health insurance company, nor lineal or collateral relatives to any such person up to the third degree of consanguinity, or affines thereto up to the third degree of affinity;
7. are not members of a managing or supervisory body of another company having the same objects;
8. are not natural persons or members of a managing or supervisory body of any legal person included in the list under the Act on Information Regarding Non-Performing Loans;
9. (amended SG No. 103/2005) complies with the provisions of article 94, para 2;
10. (amended SG No. 103/2005) have not been and are not partners or shareholders, nor members of a managing or supervisory body of a company falling within the scope of article 94, para 2;
(3) Eligibility for the office of chairperson of a Supervisory Board, chairperson of a Management Board or chairperson of a Board of Director shall be limited to persons who have graduated from a higher educational establishment, who satisfy the requirements covered under Paragraph (2), and who have a permanent address or hold a durable residence permit for Bulgaria.
(4) Eligibility for the office of executive director and of holder of authority to exercise powers under Article 235 of the Commerce Act shall be limited to persons who satisfy the requirements covered under Paragraph (3) and who possess professional experience in the sphere of insurance and social insurance.
(5) (Repealed SG No. 103/2005).
(6) Any members, which are legal persons, must satisfy the requirements referred to in Items 3, 4, 7, 8, 9 and 10 of Paragraph (2).
(7) Any persons, who represent a legal person on the managing bodies of any health insurance company, must satisfy the eligibility conditions of Paragraph (2) or of Paragraph (3) or Paragraph (4), as the case may be.
(8) Possession of the requisite professional experience in the sphere of insurance and social insurance shall be proved by documents certifying not less than two years' length of service in health-care management, in health insurance, insurance, retirement insurance, or in a managerial or expert position in the state governance and supervision of these activities.
(9) (New, SG No. 8/2003) The persons covered under Paragraphs (2) to (7) shall be subject to approval by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department. The said approval shall precede the recording in the Commercial Register or, respectively, the appointment to a position for which recording is not required. The Deputy Chairperson shall pronounce within one month after submission of the application.
Article 97a. (New SG No. 103/2005) (1) Actuary services to a health insurance company shall be provided by a registered actuary. A registered actuary is a qualified individual organizing, directing and being in charge of actuary services provided to health insurance companies.
(2) A registered actuary must not:
1. have a criminal record of premeditated crime of a general nature;
2. have sat on the management board or the supervisory board or have been an unlimited liability partner of a company, for which bankruptcy proceedings have been opened or the company has been proclaimed in liquidation on grounds of indebtedness to creditors over the last three years since insolvency was established by court;
3. have been proclaimed insolvent or currently been in insolvency proceedings;
4. have been barred from occupying a position involving material liability;
5. hold a diploma of higher education not lower than Masters degree including a required number of higher Maths classes pursuant to the provisions of an Ordinance issued by the Financial Supervision Commission;
6. have at least three years of experience as actuary in insurance, reinsurance, health insurance, a pension company, or authorities supervising such companies or as university professor in insurance and actuary science;
7. have been recognized as having qualifications as actuary by the Financial Supervision Commission after having taken an exam thereof.
(3) The terms and procedures of holding the exam and awarding the qualifications pursuant to para 2, item 7 as well as for licensing from another member-country shall be determined with an Ordinance of the Financial Supervision Commission. Under this Law the licence of a registered actuary shall be recognized pursuant to the provisions of the Insurance Code and the Social Insurance Code provided the exam also includes test of knowledge related to health insurance.
(4) The Financial Supervision Commission may upon an order by the Deputy-Chairman in charge of the Insurance Supervision department revoke the licence of a registered actuary in the following cases:
1. if he/she failed to meet the requirements under para 2, 1-4;
2. if he/she while providing actuary services to a health insurance company made gross and repeated violations of this law or of the secondary legislation enforcing it;
3. if he/she submitted false data or documents with false contents on the basis of which the licence had been awarded.
4. (new, SG No. 97/2007) has not practised the activity for more than two successive years since recognition of the licensed competence or since vacation of office as responsible actuary, unless the holder has carried out activity as an actuary.
(5) In the event of revocation of a licence pursuant to para 4 the person may apply for a recovery of the licence not earlier than three years after the entry into force of the revocation decision. The withdrawal of the licence based on para 4 shall also apply vis a vis the person's licence as a registered actuary under the Insurance Code and the Social Insurance Code.
Article 97b. (New, SG No. 103/2006) (1) A registered actuary cannot be a spouse or direct or collateral relative to the fourth degree including in-law relation to the third degree of any other member of the management or control body of the health insurance company or member of the management or control body of any other health insurance company.
(2) The registered actuary shall be elected by the general meeting of the health insurance company whereby he/she certifies in advance with a written statement the absence of circumstances pursuant to para 1. The health insurance company shall inform the Deputy Chairman of the decision for electing a registered actuary within seven days of the date of taking the decision by submitting a certified and stamped copy of the statement.
(3) In the event of change of circumstances pursuant to para 1 or revocation of a licence of a registered actuary pursuant to para 97a, para 4 the general meeting of the health insurance company must relieve of duty the registered actuary and elect a new one within three months of becoming aware of the changed circumstances.
Article 97c. (New, SG, No103/2005) (1) The registered actuary shall be responsible for elaborating sufficiently sizeable premiums and the accumulation of sufficient technical reserves, for the correct calculation of the solvency margin and the correct application of the actuary methods in the practice of the health insurance company.
(2) In connection with the activities pursuant to para 1 the registered actuary shall:
1. draft and certify the periodical actuary statements of the health insurance company;
2. draft the annual actuary report by 31 March of the year following the year covered by the report.
(3) When performing his/her duties a registered actuary shall have access to all necessary information, while the managing bodies and the employees of the health insurance company shall be obliged to offer him/her support and assistance.
(4) The actuary shall immediately inform the commission of any circumstance known to him/her in the course of performing their function when this circumstance concerns the health insurance company and is a major violation of this Law or of the regulations for its enforcement or which could have an adverse effect on the activities of the health insurance company.
(5) In the cases pursuant to para 4 the restrictions for disclosing information stipulated by a law, a regulation or a contract shall not apply. The registered actuary carries no responsibility for a bona fide disclosure of information pursuant to para 4 to the Financial Supervision Commission and its Deputy Chairman in charge of the Insurance Supervision department.
(6) The format of the actuary certification and stamping and the form and contents of the actuary report and statements shall be determined with an Ordinance by the Financial Supervision Commission.
Article 98. (Amended, SG No. 107/2002, SG No. 8/2003) A voluntary health insurance licence shall be issued by the Financial Supervision Commission.
Article 99. (Amended, SG No. 107/2002) (1) (Amended, SG No. 8/2003) For the issuance of a licence, an application shall be submitted at the Financial Supervision Commission, stating the business name, the registered office and the mailing address of the applicant and enclosing therewith:
1. articles of Association;
2. (supplemented, SG No. 34/2006) a list of shareholders, stating name, Standard Public Registry Personal Number, permanent address, applicable to natural persons; business name, legal form of business organization, registered office, company case, address of the place of management and BULSTAT Code number, applicable to legal persons respectively standard identification code - for traders; amount of participating interest and declarations referred to in Article 94 (1) herein from the persons holding 10 per cent and more than 10 per cent of the capital of the company;
3. a projection for the activity of the health insurance company during the first three years, including premium income, expenses on payment for health-care services and goods, operating expenses, amount of resources in special funds and provisions;
4. a programme for investment of temporarily inactive resources during the first three years;
5. (Supplemented, SG No. 8/2003) description of the health insurance packages offered by the company, the general conditions and the rates, as well as the technical basis for calculation of the premium rates and technical plans, of the said packages;
6. specimens of the health insurance contracts;
7. documents certifying conformity to the requirements covered under Article 97 herein in respect of the company officers and the actuary;
8. written proof of deposit of the capital referred to in Article 93 herein.
(2) (Amended, SG No. 8/2003) Should the document as submitted be found deficient, inaccurate or conflicting with the requirements of the law, within one month after receipt of the said documents the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department shall require that the health insurance company cure the non-conformities within one month. The Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department may approach the Minister of Health for an opinion on the contents and feasibility of the health insurance packages offered by the applicant for a licence.
(3) (Amended, SG No. 8/2003) Within two months after submission of the application, the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department shall prepare a proposal for issuing or a refusal to issue a licence and shall lay the said proposal before the Financial Supervision Commission for consideration. The said time limit shall cease to run during the period referred to in Paragraph (2), commencing from the requirement to cure the non-conformities and concluding with the receipt of the additional documents.
(4) (New, SG No. 8/2003) The Financial Supervision Commission shall pronounce on the application within one month after the proposal referred to in Paragraph (3) is laid before the Commission.
Article 99a. (New, SG No. 107/2002) The grant of a licence may be refused if:
1. the incorporation and any company officers do not satisfy the requirements of the law;
2. the application for grant of a licence and the documents covered under Article 99 (1) herein make false or inaccurate statements or are deficient, and the non-conformities therein have not been cured within the time limit referred to in Article 99 (2) herein;
3. the programme and the projection do not conform to the requirements of Article 90 herein;
4. the general conditions of the contracts and the rates there under manifestly do not cover the health insurance risk, which has been actuarially proved by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department;
5. the health insurance packages offered are in conflict with and/or do not cover the minimum requirements of medical standards and/or the goods of good medical practice.
Article 99b. (New, SG No. 107/2002) (1) Any licence granted to a health insurance company may be revoked where the said health insurance company:
1. breaches any conditions on the basis of which the licence has been granted, or it is established that the documents on the basis of which the said licence has been granted make false statements;
2. wrongfully refuses payment, makes part payment, or defaults on payment of any certain exigible liability under health insurance contracts;
3. fails to carry on business in the course of one year after grant of the licence;
4. engages in any other business unauthorized under this Act;
5. does not observe the principle of voluntary contracting of health insurance;
6. fails to submit the periodic annual statements as required under the law within the time limit established in this Act.
7. (Amended, SG No. 85/2004) fails to submit a plan for attainment of the solvency margin or a short-term plan for additional raising of own funds, or should the plan as submitted be not implemented within the time limit as specified;
8. finds itself in a state of insolvency within the meaning given by Article 608 or over indebtedness within the meaning given by Article 742 (1) of the Commerce Act;
9. is dissolved, and liquidation proceedings are initiated;
10. fails to comply within three months with any prescriptions of the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department to eliminate other violations of the law;
11. fails to comply with the requirements as to increase of capital under Article 93 (1) herein.
(2) (New, SG No. 8/2003) The licence of the health insurance company shall be withdrawn by the Financial Supervision Commission.
(3) (Renumbered from Paragraph (2), amended, SG No. 8/2003) Any act involving a refusal to grant a licence and a revocation of a licence, a refusal to approve health insurance packages, requirements to submit additional documentation and establishment of additional requirements, must be reasoned in detail by an official written opinion which shall set forth the grounds of the act.
Article 99c. (New, SG No. 107/2002) (1) Upon revocation of the licence thereof, a health insurance company may not conclude any new health insurance contracts, extend the term of validity of any effective contracts, or modify the terms and conditions under any previously concluded contracts.
(2) The revocation of the licence shall not exempt the health insurance company from the obligations assumed thereby under any concluded contracts.
(3) (Amended and supplemented, SG No. 8/2003) Upon revocation of a licence, the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department shall appoint a conservator who shall exercise supervision over the activity of the health insurance company until appointment of a liquidator. The conservator shall be vested with the powers of the management and supervisory bodies of the health insurance company, and shall draw a remuneration for the account of the company, with the amount of the said remuneration being fixed by the Deputy Chairperson of the Financial Supervision Committee in charge of the Insurance Supervision Department.
(4) Upon entry into effect of the decision to revoke the licence, the health insurance company shall be dissolved and liquidation proceedings shall be initiated on a motion by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department by a judgment of the district court exercising jurisdiction over the place of registration of the health insurance company.
Article 99d. (New, SG No. 107/2002, repealed, SG No. 8/2003).
Article 99e. (New, SG No. 107/2002) (1) (Supplemented, SG No. 8/2003) Any new health insurance packages shall be offered after authorization by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department, granted acting on a request by the health insurance company including a description of the packages, the general conditions and the rates, as well as the technical basis for calculation of the premium rates and the technical plans, of the said packages.
(2) (Amended and supplemented, SG No. 8/2003) Any health insurance packages shall be modified after approval by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department, granted acting on a request by the health insurance company including the modifications of the packages, the general conditions, the rates or the technical plans of the said packages.
(3) (Amended, SG No. 8/2003) The Deputy Chairperson of the Financial Supervision Committee in charge of the Insurance Supervision Department shall issue an authorization under Paragraph (1) and an approval under Paragraph (2) within one month after receipt of the request from the health insurance company. The Deputy Chairperson may approach the Minister of Health for an opinion on the contents and feasibility of the proposed health insurance packages.
(4) The Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department may refuse to grant authorization or approval where:
1. the general conditions of the contracts and the rates thereunder manifestly do not cover the health insurance risk, which has been actuarially proved by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department;
2. the health insurance packages offered are in conflict with and/or do not cover the minimum requirements of medical standards and/or the rules of good medical practice;
3. (New, SG No. 8/2003) the general conditions under the health insurance packages and contracts conflict with mandatory provisions of the Act or are not responsive to the requirements established by Article 88 (3) herein and the violations have not been eliminated within the time limit appointed by the Deputy Chairperson of the Commission.

Section IV
(New, SG No. 107/2002)
Transformation, Dissolution, Liquidation and Bankruptcy of Health Insurance Companies
Article 99f. (New, SG No. 107/2002) The transformation, dissolution, liquidation and adjudication in bankruptcy of any health insurance company shall follow the procedure established by the Commerce Act, save in so far as otherwise provided for in this Act.
Article 99g. (New, SG No. 107/2002) (1) (Previous Article 99g and amended, SG No. 8/2003, supplemented, SG No. 103/2005) Any corporate transformation of health insurance companies through merger, join by the formation of a new company, division by the formation of new companies and division by acquisition shall require an authorization from the Financial Supervision Commission.
(2) (New, SG No. 8/2003, repealed, SG No. 103/2005).
(3) (New, SG No. 8/2003, amended, SG No. 103/2005) Any corporate transformation of health insurance companies shall be performed under the terms and according to the procedure established by of Chapter Eleven of the Insurance Code and the Financial Supervision Commission Act.
Article 99h. (New, SG No. 107/2002) (1) (Amended, SG No. 8/2003) Any health insurance company shall be dissolved solely by authorization of the Financial Supervision Commission, irrespective of the grounds for dissolution.
(2) (Amended, SG No. 8/2003) Except in the general cases under the Commerce Act, dissolution of a health insurance company shall furthermore be proceeded with by a decision of the Financial Supervision Commission upon revocation of the licence for conduct of voluntary health insurance.
(3) (Amended, SG No. 8/2003) In the cases referred to in Paragraph (1), within seven years after occurrence of the ground (for liquidation) the health insurance company shall notify the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department and shall submit for approval a plan for liquidation, which shall mandatorily provide for transfer of the effective health insurance contracts and shall nominate a liquidator. The Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department shall pronounce (upon the said plan and nomination) within thirty days after notification. Any ensuing alterations in the plan for liquidation, any change in the time limit for liquidation, as well as any nominations for new liquidator, shall be approved according to the same procedure.
(4) (Amended, SG No. 103/2005) Upon dissolution of any health insurance company, liquidation proceedings shall follow the procedure established by Chapter Twelve, Section I of the Insurance Code.
Article 99i. (New, SG No. 107/2002, supplemented, SG No. 8/2003, amended, SG No. 103/2003) Bankruptcy proceedings against a health insurance company shall be initiated solely on a petition by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department upon insolvency of the health insurance company after the voluntary health insurance licence has been withdrawn. The provisions of Chapter Twelve, Section II of the Insurance Code shall apply, mutatis mutandis, to determine the cases of insolvency, as well as to any relations unregulated in this Act, associated with the bankruptcy of a health insurance company.

Section V
(New, SG No. 107/2002)
State Supervision over Activity Comprehended in
Voluntary Health Insurance

(Title amended, SG No. 8/2003)
Article 99j. (New, SG No. 107/2002) (1) (Amended, SG No. 8/2003) The Financial Supervision Commission shall exercise the state supervision over the activity comprehended in voluntary health insurance under the terms and according to the procedure established by this Act and by the Financial Supervision Commission Act.
(2) (Amended, SG No. 8/2003) Upon exercise of the state supervision over the activity comprehended in voluntary health insurance, the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department shall:
1. make proposals for the issuing, refusal to issue or withdrawal of a health insurance company licence, for issuing or refusal to issue an authorization for merger by the formation of a new company, division by the formation of new companies or division by acquisition of health insurance companies and for imposition of the coercive measures under Article 99m (3) herein;
2. issue authorizations for new health insurance packages, general conditions and rates thereto and approve modifications in any such packages, conditions and rates which have been authorized;
3. authorize the merger by acquisition of health insurance companies and the opening of a branch of a Bulgarian health insurance company abroad;
4. authorize the transfer of an enterprise of a health insurance company or of health insurance contracts;
5. approve the persons covered under Article 97 (2) to (7) herein;
6. verify the validity of the declarations referred to in Article 95 herein and, if necessary, notify the authorities referred to in Article 96 (3) herein;
7. approve other health insurance reserves within the meaning given by Item 4 of Article 90c (3) herein;
8. approve the standard forms of declarations, statements, reports, information sheets and other documents as provided for under Chapter Three of this Act;
9. petition the initiation of liquidation or bankruptcy proceedings against a health insurance company;
10. control compliance with the voluntary nature of effecting voluntary health insurance;
11. apply coercive administrative measures and impose sanctions in the cases and according to the procedure established by a law;
12. make decisions on other matters related to the exercise of supervision over the activities of the health insurance companies, which are not placed within the competence of the Financial Supervision Commission.
(3) (Amended, SG No. 8/2003, SG No. 85/2004) The documents required for the issuance of authorizations and approvals, as well as for exercise of the other supervisory powers of the authorities referred to in Paragraphs (1) and (2), shall be specified in an ordinance of the Financial Supervision Commission on authorizations and running supervision under this Act or by an order of the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department, with the exception of the documents under this Act.
(4) (Repealed, SG No. 8/2003).
(5) (Repealed, SG No. 8/2003).
(6) (Amended, SG No. 8/2003) The individual administrative acts of the Financial Supervision Commission and of the Deputy Chairperson thereof in charge of the Insurance Supervision Department shall be appealable according to the procedure established by the Financial Supervision Commission Act.
Article 99k. (New, SG No. 107/2002, amended, SG No. 8/2003) (1) The Financial Supervision Commission shall conduct inspections as to compliance with Chapter Three of this Act and of the statutory instruments of secondary legislation on the implementation thereof by the health insurance companies.
(2) The Financial Supervision Commission shall issue an ordinance establishing the procedure for conduct of inspections.
(3) (Amended, SG No. 103/2005) Health insurance company shall be under the obligation to inform in writing the Financial Supervision Commission about:
1. all newly arisen facts and circumstance entitled to being entered in the Financial Supervision Commission's registers;
2. changes in the entries in the commerce register.
(4) (New, SG No. 103/2005) The obligation pursuant to para 3 shall be performed within seven day of the occurrence of the facts and circumstance whereby documents testifying the change shall be enclosed. Where an entry of a fact to circumstance must be made in the trade register the deadline for notification shall be seven days after the entry has been instituted.
Article 99l. (New, SG No. 107/2002) (1) (Supplemented, SG No. 8/2003) Each health insurance company shall prepare the following annual and periodic reports and shall submit them to the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department:
1. an Annual Financial Statement, prepared according to the requirements of the Accountancy Act: not later than the 31st day of March in the year next succeeding the accounting year;
2. annual reference briefs, reports and attachments, completed in a standard form as endorsed by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department: not later than the 30th day of April in the year next succeeding the accounting year;
3. an annual actuarial report, completed in a standard form as endorsed by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department: not later than the 30th day of April in the year next succeeding the accounting year;
4. (New, SG No. 8/2003) quarterly statements, information sheets, reports and annexes completed in a standard form endorsed by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department: not later than the end of the month next succeeding the relevant quarter;
5. (New, SG No. 85/2004) monthly reference briefs completed in a standard form endorsed by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department - by the end of the next succeeding month.
(2) The annual actuarial report shall be prepared and signed by an actuary nominated by the health insurance company and approved by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department.
(3) (New, SG No. 85/2004) The Financial Supervision Commission shall issue an ordinance on the form and content of the annual financial statement of the health insurance companies.
Article 99m. (New, SG No. 107/2002, amended, SG No. 8/2003) (1) The Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department shall apply the measures covered under Paragraph (2) where the said Deputy Chairperson ascertains that any health insurance company, any one of the persons covered under Article 97 (2) to (7) herein, or any shareholder owing 10 per cent or more of the shares have committed any of the following violations:
1. violation of the provisions of this Act, of the statutory instruments of secondary legislation on the application thereof, of the Financial Supervision Commission Act, of acts of the Financial Supervision Commission and of the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department, as well as offering general conditions and clauses which have not been approved by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department;
2. jeopardizing the interests of the health insured persons;
3. breach of the conditions whereunder the authorization or the licence has been issued;
4. effecting transactions and performing actions which affect the organizational or financial stability of the health insurance company;
5. obstruction of the exercise of the state supervision over the activity comprehended in voluntary health insurance.
(2) In the cases under Paragraph (1), the Deputy-Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department shall apply the following coercive administrative measures:
1. direct in writing that the violations committed be discontinued or eliminated, or that particular measures be taken;
2. issue a prescription for attainment of a yield, security and liquidity of investments of the health insurance reserves and of the shareholders' equity;
3. impose measures for rehabilitation of the financial position of the health insurance company;
4. obligate in writing the health insurance company to increase the own funds thereof within an appointed time limit;
5. determine the asset structure so as to guarantee payments under the health insurance contracts;
6. suspend the payment of dividend;
7. suspend a shareholder from exercising the voting power thereof;
8. direct a shareholder in writing to transfer the shares held thereby within a fixed time limit.
(3) In especially grave cases of violations covered under Paragraph (1), the Financial Supervision Commission, acting on a motion by the Deputy Chairperson thereof in charge of the Insurance Supervision Department, shall:
1. order the health insurance company in writing to release one or more persons empowered to manage or represent the said company, or each one of the persons covered under Article 97 (2) to (7) herein, or
2. appoint conservators vested with the powers referred to in Article 99c (3) herein for a specified period of time.

Chapter Four
SPECIALIZED MEDICAL SUPERVISION

(Title amended, SG No. 107/2002)
Article 100. (Amended, SG No. 107/2002) (1) The Minister of Health shall exercise specialized medical supervision over the quality of health-care activities and services as performed and the access to medical care in connection with the effecting of compulsory and voluntary health insurance.
(2) The activity referred to in Paragraph (1) shall be ensured by a Specialized Medical Supervision Directorate at the Ministry of Health.
Article 101. (Amended, SG No. 107/2002) The Specialized Medical Supervision Directorate shall perform the following functions:
1. see to ensuring observance of medical standards and the rules of good medical practice in the contracts of the Regional Health Insurance Funds and the voluntary health insurance companies with medical care providers;
2. see to ensuring the access of health insured persons to high-quality non-hospital and hospital medical and dental care;
3. submit to the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department information obtained in the course of exercise of the powers vested in the Directorate under this Act regarding any natural or legal persons, medical-treatment and health-care facilities, who or which perform activities comprehended in voluntary health insurance without a licence;
4. prepare an opinion of the Minister of Health on the contents and feasibility of the health insurance packages offered by the health insurance companies, within seven days after being requested to do so by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department;
5. prepare an annual report to the Minister of Health on the state and overall performance of health insurance.
Article 102. (1) For the purpose of execution of the powers vested therein under this Act, the Specialized Medical Supervision Directorate shall have the right to require and inspect any contracts between:
1. Regional Health Insurance Funds and medical care providers;
2. health insurance companies and medical care providers;
3. medical care providers and natural or legal persons for provision of medical care, other than the contracts referred to in Items 1 and 2.
(2) The National Health Insurance Fund and the voluntary health insurance companies shall be obligated to submit a semi-annual reference brief to the Specialized Medical Supervision Directorate not later than at the end of the month next succeeding the lapse of the reporting semi-ennium. Any such reference brief shall be compiled in a standard form as endorsed by the Minister of Health and shall state particulars of the number of persons attended to, the type and amount of services provided under contracts with Regional Health Insurance Funds and voluntary health insurance companies.
(3) Health insurance companies shall submit to the Specialized Medical Supervision Directorate a list of the medical care providers wherewith the said companies have concluded contracts, as well as information as shall be necessary for health statistics and monitoring of the health status of the population in a format and contents as shall be determined by an order of the Minister of Health.
(4) Access to any personalized information referred to in Paragraphs (2) and (3) shall be restricted to the employees of the Directorate, and the said information may be used in this form solely by the said employees for performance of the controlling functions thereof under this Act. The said information shall be processed and used for the purposes of health statistics.
(5) The employees of the Specialized Medical Supervision Directorate shall have the right to conduct on-site inspections at the National Health Insurance Fund, the Regional Health Insurance Funds, the health insurance companies and the medical care providers, as well as to require and obtain the requisite documents and information in connection with the performance of the powers vested therein under this Act.
(6) The National Health Insurance Fund, the Regional Health Insurance Funds, the health insurance companies and the medical care providers shall be obligated to cooperate with the employees of the Specialized Medical Supervision Directorate and to submit thereto any documents, information, reference briefs and other mediums of information as the said employees may request in connection with the performance of the powers vested therein under this Act.
(7) The employees of the Specialized Medical Supervision Directorate shall be bound by the obligation to respect the confidentiality of any information as shall come to the knowledge thereof in the course of exercise of the powers vested therein under this Act. Any such information may be disclosed solely with the consent of the persons who provided it, as well as in the cases expressly provided for by statute.

Chapter Five
ADMINISTRATIVE PENALTY PROVISIONS
Article 103. (1) Any employer's officer or any employer, who fails to submit any information as required under this Act or who discloses any false information regarding the insurance relationship thereof with the National Health Insurance Fund, shall be liable to a fine of BGN 500 or exceeding this amount but not exceeding BGN 1,000.
(2) Any repeated and each subsequent violation shall be punishable by a fine of BGN 2,000.
(3) Should the violation referred to in Paragraph (1) be committed by an insured person, the fine shall be BGN 30 or exceeding this amount but not exceeding BGN 50, and in the cases referred to in Paragraph (2), the said fine shall be BGN 150.
Article 104. (1) (Amended, SG No. 110/1999, SG No. 107/2002) Any employer's officer or any employer, who fails to pay the (health) insurance contributions in respect of any persons which the said employer is under obligation to pay, shall be liable to a fine of BGN 1,000 or exceeding this amount but not exceeding BGN 2,000.
(2) (Amended, SG No. 110/1999, SG No. 107/2002) Any repeated and each subsequent violation shall be punishable by a fine of BGN 2,000 or exceeding this amount but not exceeding BGN 4,000.
(3) (New, SG No. 107/2002) Any self-insured person, who fails to pay the (health) insurance contribution due during a period exceeding three months, shall be liable to a fine of BGN 50 or exceeding this amount but not exceeding BGN 100, and any repeated violation shall be punishable by a fine of BGN 100 or exceeding this amount but not exceeding BGN 300.
Article 105. (1) (Amended, SG No. 110/1999, SG No. 107/2002, SG No. 105/2005) Any violations covered under Article 103 and 104 herein shall be ascertained by written statements drawn up by the controlling authorities of the National Revenue Agency.
(2) (Amended, SG No. 110/1999, SG No. 107/2002, SG No. 105/2005) The penalty decrees shall be issued by the executive director of the National Revenue Agency or an official thereby authorized.
Article 106. (1) (New, SG No. 107/2002) Any Director of a Regional Health Insurance Fund, who wrongfully refuses to conclude a contract with any medical care provider, and should any such refusal be revoked according to the procedure established by Article 59 (6) and (7) herein, shall be liable to a fine of BGN 300 or exceeding this amount but not exceeding BGN 500, and any repeated violation shall be punishable by a fine of BGN 600 or exceeding this amount but not exceeding BGN 1,000.
(2) (New, SG No. 107/2002) Any officer of a Regional Health Insurance Fund, who shall breach the provisions of Article 59 herein, will be liable to a fine of BGN 100 or exceeding this amount but not exceeding BGN 300, and any repeated violation shall be punishable by a fine of BGN 200 or exceeding this amount but not exceeding BGN 600.
(3) (Renumbered from Paragraph (1), amended, SG No. 107/2002) Any violation of the provisions of this Act or of the statutory instruments for the application thereof, which is not covered under Paragraphs (1) and (2), Article 103 and 104 herein and Chapter Three herein, shall be punishable by a fine of BGN 100 or exceeding this amount but not exceeding BGN 500, and any repeated violation shall be punishable by a fine of BGN 200 or exceeding this amount but not exceeding BGN 1,000.
(4) (Renumbered from Paragraph (2), amended and supplemented, SG No. 107/2002) Any violations covered under Paragraphs (1), (2) and (3) shall be ascertained by written statements drawn up by officers of the Specialized Medical Supervision Directorate, and the penalty decrees shall be issued by the Minister of Health.
Article 106a. (New, SG No. 107/2002, repealed, SG No. 8/2003).
Article 106b. (New, SG No. 107/2002) (1) Any member of a governing body of a medical-treatment facility, providing any medical services under contract which constitute voluntary health insurance within the meaning given by this Act, shall be liable to: a fine of BGN 100 or exceeding this amount but not exceeding BGN 200, applicable to any medical-treatment facilities referred to in Item 1 (a) and Item 2 (a) of Article 8 (1) of the Medical-Treatment Facilities Act; a fine of BGN 200 or exceeding this amount but not exceeding BGN 500, applicable to members of governing bodies of any medical-treatment facilities for non-hospital care; and a fine of BGN 500 or exceeding this amount but not exceeding BGN 1,500, applicable to members of governing bodies of any medical-treatment facilities for hospital care. Any repeated violation shall be punishable by a fine of BGN 200 or exceeding this amount but not exceeding BGN 400, a fine of BGN 500 or exceeding this amount but not exceeding BGN 1,000, or a fine of BGN 1,000 or exceeding this amount but not exceeding BGN 3,000, respectively.
(2) Any member of a governing body or any natural person representing a legal person on the governing body of another legal person, other than in the cases covered under Paragraph (1), performing any activity which constitutes voluntary health insurance within the meaning given by this Act, shall be liable to a fine of BGN 5,000 or exceeding this amount but not exceeding BGN 10,000. Any repeated violation shall be punishable by a fine of BGN 10,000 or exceeding this amount but not exceeding BGN 20,000.
(3) (Amended, SG No. 8/2003) Any officer of an employer or of a health insurance company, who discloses any particulars of a voluntary health insurance contract in violation of Article 88 (5) herein, shall be liable to a fine of BGN 500 or exceeding this amount but not exceeding BGN 1,000, and any repeated violation shall be punishable by a fine of BGN 1,000 or exceeding this amount but not exceeding BGN 2,000.
(4) Any person, who is obligated to submit a declaration under Article 95 herein and who fails to submit any such declaration in due course or who submits any such a declaration making false statements, shall be liable to a fine of BGN 1,000 or exceeding this amount but not exceeding BGN 2,000, and any repeated violation shall be punishable by a fine of BGN 2,000 or exceeding this amount but not exceeding BGN 4,000.
(5) Any health insurance company, which provides health insurance in violation of a licence granted under Article 98 herein or of an authorization under Article 99E (1) herein, or in violation of Article 82 (3) herein, shall be liable to a pecuniary penalty of BGN 5,000 or exceeding this amount but not exceeding BGN 10,000. Any repeated violation shall be punishable by a pecuniary penalty of BGN 10,000 or exceeding this amount but not exceeding BGN 15,000.
(6) Any health insurance company, which breaches the provisions of Article 90c (1) or (4), Article 99e, Article 99f or Article 90g herein, shall be liable to a pecuniary penalty of BGN 2,500 or exceeding this amount but not exceeding BGN 10,000. Any repeated violation shall be punishable by a pecuniary sanction of BGN 5,000 or exceeding this amount but not exceeding BGN 15,000.
(7) (Amended, SG No. 8/2003) Any health insurance company, which fails to notify the Financial Supervision Commission of the initiation of liquidation proceedings in the cases referred to in Article 99h (1) herein or which fails to fulfil the obligations thereof under Article 99h (3) herein, shall be liable to a pecuniary penalty of BGN 1,000 or exceeding this amount but not exceeding BGN 5,000.
(8) (Amended, SG No. 8/2003) For any breach of the provisions of Chapter Three of this Act or of the statutory instruments for the application thereof, which is not covered in the cases under Paragraphs (1) to (7), the blameworthy person shall be liable to a fine of BGN 500 or exceeding this amount but not exceeding BGN 1,000, if a natural person, or to a pecuniary penalty of BGN 1,000 or exceeding this amount but not exceeding BGN 2,500, if a legal person. Any repeated violation shall be punishable by a fine of BGN 1,000 or exceeding this amount but not exceeding BGN 2,000 or by a pecuniary penalty of BGN 2,000 or exceeding this amount but not exceeding BGN 5,000.
(9) (Amended, SG No. 8/2003) The violations under Paragraphs (1) to (8) shall be ascertained by written statements by officials of the administration of the Financial Supervision Commission, authorized to do so by the Deputy Chairperson of the said Commission in charge of the Insurance Supervision Department. The penalty decrees shall be issued by the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department.
Article 107. (Amended, SG No. 110/1999) Imposition of any penalty under Articles 103 and 104 herein shall not excuse the offender from the obligation to pay the contributions due with period legal interest as applicable.
Article 108. (1) The drawing up of written statements and the issuance, appeal against and execution of penalty decrees under this Act shall follow the procedure established by the Administrative Violations and Sanctions Act.
(2) (Supplemented, SG No. 107/2002, SG No. 8/2003) The proceeds from any fines as imposed shall be credited in revenue to the National Health Insurance Fund or, if the fine is imposed on an employee of the National Health Insurance Fund or a Regional Health Insurance Fund, the proceeds shall be credited to Executive Budget revenue. The fines and the pecuniary penalties, imposed on health insurance companies for violations under Chapter Three of the Act, shall likewise be credited to Executive Budget revenue.
(3) (New, SG No. 107/2002, amended, SG No. 105/2006) Up to 25 per cent of the amounts collected from fines, sanctions, the funds recovered from the providers of medical care according art. 45 and the interest due on them may be spend for material stimulation of the staff of the NHIF.
Article 109. (Amended, SG No. 110/1999, SG No. 111/2004) (1) Any (health) insured persons, who are obligated to remit health insurance contributions for their own account, shall pay for the medical care as delivered thereto if they have failed to remit more than three monthly (health) insurance contributions due during a period of 15 months until the beginning of the month preceding the month of delivery of medical care. Any such persons shall be reinstated to the health insurance entitlement thereof as from the date of payment of the contributions due, and the sums paid for medical care as delivered shall be non-refundable.
(2) Where the obligation to remit the health insurance contributions rests with the employer or with another person, the (health) insured person shall not forfeit the (health) insurance entitlement thereof through non-remittance of any such health insurance contributions.
(3) Paragraph (1) shall not apply to any persons referred to in Article 40a herein.
Article 110. (Amended, SG No. 110/1999) Any (health) insured, who shall fail to report for the preventive examinations as regulated in the National Framework Agreement, shall forfeit the insurance entitlement thereof for a period of one month.
Article 111. (Amended, SG No. 107/2002) (1) The resources paid by the National Health Insurance Fund on treatment of any diseases caused by wilful injury to a person's own health, the health of other persons in a premeditated criminal offence, as well as for injury to the health of third parties committed in a state of alcoholic intoxication or use of narcotic or anaesthetic substances, shall be restored to the National Health Insurance Fund by the injurer with legal interest and with the expenses incurred on the recovery.
(2) (Amended, SG No. 59/2007) In respect of the amount due under Paragraph (1), the Regional Health Insurance Fund shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure on the basis of an abstract of the books of account of the said Fund.

SUPPLEMENTARY PROVISION
§ 1. (Amended and supplemented, SG No. 110/1999, amended, SG No. 107/2002) Within the meaning given by this Act:
1. "Highly specialized medical procedure" shall be a procedure which requires special medical skills and equipment required for handling of complicated diagnostic and treatment cases.
2. "Basic package of health-care activities guaranteed by the budget of the National Health Insurance Fund" shall be activities specified in terms of type and scope, disaggregated by specialty, activities for treatment of specified diseases or of groups of diseases, which are accessible to all health insured persons in an amount, under terms, and according to a procedure determined in the National Framework Agreement.
3. "Health-care activity" shall be any activity intended to protect, preserve and restore health.
4. "Health insurance package" shall be a group of health-care services and goods regulated in terms of type and scope, which are fully or partly covered by health insurance companies under terms and according to a procedure regulated in health insurance contracts.
5. "Health insurance contribution" shall be the sum which a natural or legal person shall remit for compulsory health insurance and which is calculated as a percentage of the contributory income as defined in this Act.
6. "Health insurance premium" shall be the sum which a natural or legal person pays under a contract to a voluntary health insurance company.
7. "Person in respect of whom a procedure for recognition of refugee status has been initiated" shall be a foreign citizen or a stateless person who has applied for a refugee status in the Republic of Bulgaria until conclusion of the procedure by an effective determination of the application thereof.
8. "Personal professional code" shall be an alphanumeric means of identification regarding data on a medical care provider.
9. "Medical care" shall represent a system of diagnostic, therapeutic, rehabilitative and preventive procedures provided by medical specialists.
10. "Amount of medical care" shall be the quantity of medical procedures, services and goods accessible to the insured persons under specific terms regulated in the National Framework Agreement and in the voluntary health insurance contracts.
11. "Scope of medical care" shall be the specific types of preventive, diagnostic, therapeutic, rehabilitative procedures and services performed by providers and the types of health-care goods provided, which are fully or partly covered by the National Health Insurance Fund or by the voluntary health insurance companies.
12. "General conditions of health insurance packages and contracts" shall be standard terms regulating the rights and obligations of the parties, the terms, the procedure and time limits for payment of health insurance contributions and premiums, the terms and the procedure for use of health insurance services and delivery of health insurance goods, the terms, the procedure and time limits for cover of the expenses incurred thereon, as well as other conditions under the contracts.
13. "Health insured person" shall be a natural person in respect of whom (health) insurance is paid according to the procedure established by this Act.
14. "Health insurer" shall be the National Health Insurance Fund or a voluntary health insurance company.
15. "Health insurance contributor" shall be a natural or legal person who or which pays the full amount or part of the health insurance contribution or premium in respect of a third party.
16. "Repeated administrative violation" shall be any administrative violation which is committed within one year after the entry into force of a penalty decree whereby the offender was penalized for a violation of the same kind.
17. "Enterprise" shall refer to any legal person, sole trader and unincorporated association which or who carries on commercial activities.
18. "Self-insured person" shall be a natural person who pays the full amount of a health insurance contribution or premium in respect of himself or herself.
19. "Rates of health insurance packages and under health insurance contracts" shall be the amounts of health insurance contributions and premiums for one or several health insurance packages, differentiated according to the number of packages, the number of insured persons under the contract, the age, the state of health of the insured persons and other factors.
20. "Family member" shall be a spouse and any child who has not attained the age of 18 years or, if pursuing the studies thereof, who has not attained the age of 26 years or, if legally incapable or permanently disabled, irrespective of age.
21. (New, SG No. 111/2004) "Dietetic foods for special medical purposes" shall be a group of special-purpose foods, which are produced or constituted for satisfaction of the specific nutritional requirements of patients and which are used under medical observation.
22. (New, SG No. 95/2006) "Rules for coordination of social security schemes" shall be the rules introduced by Council Regulation (EEC) No. 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, who are not covered by compulsory health insurance on another ground, by Council Regulation EEC) No. 574/72 laying down the procedure for implementing Council Regulation (EEC) No 1408/71, and by all other regulations which supersede, supplement or amend the said regulations.

TRANSITIONAL AND FINAL PROVISIONS
§ 2. (1) Payment of health insurance contributions under Article 41 herein shall commence on the 1st day of July 1999.
(2) The Minister of Health and the Minister of Finance may designate health-care facilities and medical offices where payment shall be effected in pursuance of contracts prior to the introduction of health insurance.
§ 3. (1) (Amended, SG No. 62/1999, SG No. 113/1999) Performance of contracts between Regional Health Insurance Funds and non-hospital care providers shall commence on the 1st day of July 2000.
(2) (Amended, SG No. 113/1999) Performance of contracts between Regional Health Insurance Funds and hospitals shall commence on the 1st day of July 2001.
(3) (Amended, SG No. 113/1999) Until commencement of performance of contracts between Regional Health Insurance Funds and medical care providers covered under Paragraphs (1) and (2), state-owned and municipal-owned medical-treatment and health-care facilities shall be financed from the Executive Budget and the municipal budgets in a manner applied prior to the transformation of the said facilities.
(4) (New, SG No. 41/2001) Any medical-treatment facilities for hospital treatment, which are commercial corporations wherein the State and/or a municipality holds an interest, shall be financed for the activity performed thereby from the Executive Budget or the municipal budgets according to Article 106 of the Medical-Treatment Facilities Act and by the National Health Insurance Fund by means of payment under contracts with the said facilities. Subsidization shall be provided proceeding from a one-year contract between the financing authority and the medical-treatment facility in accordance with the State Budget of the Republic of Bulgaria Act for the relevant year. Financing of the National Health Insurance Fund shall be effected proceeding from contacts in accordance with the budget of the National Health Insurance Fund.
§ 4. The draft of a 2000 National Health Insurance Fund Budget Act shall be laid before the Council of Ministers in 1999 within the time limits provided for introduction of the draft of a (2000) State Budget of the Republic of Bulgaria Act.
§ 5. Upon entry of this Act into force, the Minister of Health shall commence development of the structures and bodies therein provided. After constitution of the bodies of the National Health Insurance Fund, the said bodies themselves shall take over the development of structures and the performance of activities relating to compulsory health insurance.
§ 6. The Council of Ministers, the regional meetings and the representative employer and trade union organizations shall designate the representatives thereof to the Meeting of Representatives of the National Health Insurance Fund within three months after the entry of this Act into force.
§ 7. (1) The Meeting of Representatives of the National Health Insurance Fund shall hold its first sitting for election of a Governing Board and of a Review Board within five months after the entry of this Act into force.
(2) Rules of Organization and Operation of the National Health Insurance Fund shall be adopted shall be adopted within one month after constitution of the Meeting of Representatives.
(3) A competitive examination procedure for appointment of a Director of the National Health Insurance Fund shall be conducted within one month after constitution of the Governing Board.
§ 8. (1) The Governing Board shall initiate a procedure for drafting and negotiation of a National Framework Agreement within one month after constitution of the bodies of the National Health Insurance Fund.
(2) The rules specified in this Act shall be drafted and adopted within three months after constitution of the bodies of the National Health Insurance Fund.
§ 9. (1) The Council of Ministers, the regional governors and the municipalities shall provide buildings and other logistical facilities for the Head Office of the National Health Insurance Fund and for the Regional Health Insurance Funds within six months after the entry of this Act into force.
(2) Acting on motion by the Minister of Health, the Minister of Finance shall ensure financial resources for organization of the process of establishment of the National Health Insurance Fund and the Regional Health Insurance Funds.
§ 10. The Bulgarian National Bank shall open capital accounts of the voluntary health insurance companies covered under Article 3 (2) herein, and interest equivalent to the period base interest rate as applicable shall accrue on the assets on any such accounts.
§ 11. (Repealed, SG No. 111/2004, new, SG No. 11/2007) The following shall apply in respect of 2007, effective as from the 1st day of January:
1. the rules of the 2006 National Framework Agreement under Items 3, 5, 7, 8, 9, 10 and 11 of Article 55 (2) herein;
2. the conditions determined by the Governing Board of the National Health Insurance Fund which the medical care providers must satisfy, the procedure for conclusion of contracts therewith and other terms under Items 2, 4 and 6 of Article 55 (2) herein.
§ 11a. (New, SG No. 113/2007) If the 2008 National Health Insurance Fund Budget Act has not been executed until 15 December 2007, as of 1 January 2008 the provisions of Article 55, paragraph 3, items 1 and 2 and paragraph 6 shall apply.
§ 12. Within the time limits established under § 4 herein, the administrative costs of the National Health Insurance Fund and the Regional Health Insurance Funds shall be borne by the Executive Budget.
§ 13. In Paragraph (1) of Article 6 of the Transformation and Privatization of State-Owned and Municipal-Owned Enterprises Act (promulgated in the State Gazette No. 38 of 1992; amended and supplemented in No. 51 of 1994, Nos. 45, 57 and 109 of 1995, Nos. 42, 45, 68 and 85 of 1996; corrected in No. 86 of 1996; amended in Nos. 55, 61, 89, 98 and 122 of 1997, No. 39 of 1998; corrected in No. 41 of 1998), there shall be added the following item:
"7. for the National Health Insurance Fund: from the proceeds under Item 5, but not less than 50 per cent thereof."
§ 14. In the People's Health Act (promulgated in the State Gazette No. 88 of 1973; corrected in No. 92 of 1973; amended and supplemented in No. 63 of 1976, No. 28 of 1983, No. 66 of 1985, No. 27 of 1986, No. 89 of 1988, Nos. 87 and 99 of 1989, No. 15 of 1991; corrected in No. 24 of 1991; amended in No. 64 of 1993, No. 31 of 1994, No. 36 of 1995, Nos. 12, 87 and 124 of 1997, No. 21 of 1998) shall be amended and supplemented as follows:
1. In Article 2, Paragraph (1) shall be amended to read as follows:
"(1) Every Bulgarian citizen shall be entitled to affordable medical care and to health insurance regulated by statute."
2. There shall be inserted a new article to read as follows:
"Article 3a. The Executive Budget and the municipal budgets shall finance the health-care activities which citizens shall have the right to use at no charge and which are related to:
1. emergency medical care;
2. in-patient psychiatric care;
3. blood transfusion;
4. compulsory immunizations and compulsory treatment under the People's Health Act;
5. epidemiologic and epidemic-control studies and procedures;
6. health programmes and projects of national, regional and local importance;
7. state sanitary control;
8. investment expenditures;
9. education, science and training;
10. construction, overhaul, updating, improvements and remodelling of health-care facilities, as well as procurement of medical apparatus to a value exceeding BGN 10,000;
11. health care administration;
12. national centres and institutes which do not provide directly in therapeutic activities
13. costly treatment beyond the scope of compulsory health insurance according to a procedure established by the Minister of Health;
14. expenses incurred on public health care;
15. expert certification of permanent disability and occupational disease."
3. Article 3a shall be renumbered to become Article 3b.
4. Article 4 shall be amended and supplemented as follows:
(a) in Item 1 of Paragraph (2), after the words "medical services" there shall be added "in respect of the activities covered under Article 3a herein";
(b) Paragraph (3) shall be repealed.
5. In Article 4b (1) , after the words "the municipal budgets" there shall be added "proceeds from health insurance and cash payments";
6. In Article 25i, there shall be added a new paragraph to read as follows:
"(4) The rules referred to in Paragraph (3) shall be inapplicable to any services under contracts with the National Health Insurance Fund."
7. Article 26 shall be amended and supplemented as follows:
(a) Paragraph (1) shall be amended to read as follows:
"(1) The persons covered under Article 2 (1) herein shall have the right to free choice and treatment by a physician and dentist for primary and specialist non-hospital care within the territory serviced by the relevant Regional Health Insurance Fund.";
(b) Paragraphs (2), (3), (4) and (5) shall be repealed.
8. In Article 53 (2), the words "the procedure established by Article 26 (5) herein" shall be replaced by "a procedure established by the Minister of Health".
9. In Article 55 (4), the words "and medical treatments" shall be deleted.
§ 15. In Paragraph (2) of Article 161 of the Commerce Act (promulgated in the State Gazette No. 48 of 1991; amended and supplemented in No. 25 of 1992, Nos. 61 and 103 of 1993, No. 63 of 1994, No. 63 of 1995, Nos. 42, 59, 83, 86 and 104 of 1996, Nos. 58, 100 and 124 of 1997, and No. 52 of 1998) the words "or insurance business" shall be replaced by "insurance business, or activity comprehended in voluntary health insurance".
§ 16. In Littera (c) of Article 237 of the Code of Civil Procedure (promulgated in Transactions of the Presidium of the National Assembly No. 12 of 1952; amended and supplemented in No. 92 of 1952, No. 89 of 1953, No. 90 of 1955, No. 90 of 1956, No. 90 of 1958, Nos. 50 and 90 of 1961; corrected in No. 99 of 1961; amended and supplemented in the State Gazette No. 1 of 1963, No. 23 of 1968, No. 27 of 1973, No. 89 of 1976, No. 36 of 1979, No. 28 of 1983, No. 41 of 1985, No. 27 of 1986, No. 55 of 1987, No. 60 of 1988, Nos. 31 and 38 of 1989, No. 31 of 1990, No. 62 of 1991, No. 55 of 1992, Nos. 61 and 93 of 1993, No. 87 of 1995, and Nos. 12, 26, 37, 44 and 104 of 1996, Nos. 43, 55 and 124 of 1997), after the words "the banks" there shall be added "the Head Office of the National Health Insurance Fund and the Regional Health Insurance Funds".
§ 17. The Republic of Bulgaria Defence and Armed Forces act (promulgated in the State Gazette No. 112 of 1995; amended and supplemented in No. 67 of 1996 and No. 122 of 1997) shall be amended as follows:
1. In Article 242, Paragraphs (1) and (2) shall be repealed.
2. In Article 243, Paragraphs (1), (2) and (3) shall be repealed.
§ 18. In the Ministry of Interior Act (promulgated in the State Gazette No. 122 of 1997; modified by Constitutional Court Judgment No. 3 of 1998, promulgated in No. 29 of 1998), Article 224 shall be repealed.
§ 19. (1) (Previous § 19, SG No. 110/1999) The Council of Ministers, acting on motion by the Minister of Health, shall adopt the statutory instruments of secondary legislation related to the application of this Act within six months after the entry of the said Act into force.
(2) (New, SG No. 110/1999, repealed, SG No. 105/2005).
§ 19a. (New, SG No. 114/2003) (1) (Supplemented, SG No. 49/2004) Any persons owing more than three health insurance contributions for the period ending on the 31st day of December 2003 in respect of themselves and/or any members of the families thereof may submit a request in writing not later than the 30th day of September 2004 that the amounts due be rescheduled until the 31st day of December 2004.
(2) The procedure established by Paragraph (1) shall apply to rescheduling of arrears of health insurance contribution to an amount of the principal exceeding BGN 50.
(3) Such persons shall submit a request for rescheduling at the local division of the National Social Security Institute, specifying a time limit for payment of the arrears thereof.
(4) The arrears shall be rescheduled as from the date of submission of the request by a decision of the head of the local division of the National Social Security Institute or of officials authorized thereby. Any such decision shall state the amount of the arrears, the time limit for payment of the arrears as rescheduled, and the total amount due until expiry of the said time limit. A copy of the said decision shall be served on the person.
(5) Any persons whereof the arrears have been rescheduled shall retain the entitlement thereof as health insured persons.
(6) Should the persons fulfil the conditions under Paragraphs (1) to (4), fines under Article 104 (3) herein shall not be imposed on the said person and the provision of Article 109 (1) herein shall not be applied.
(7) A person shall lose the health insurance entitlement thereof if the said person:
1. fails to redeem the arrears thereof under Paragraph (4) within the time limit of the rescheduling;
2. fails to remit more than three health insurance contributions due for 2004; in such case, the effect of the rescheduling shall lapse as well.
(8) Interest at the monthly rate of 1 per cent shall accrue on the amount due and the limitation applicable to the rescheduled arrears shall be tolled for the period of the rescheduled payment.
(9) (Amended, SG No. 111/2004) Any persons working under an employment relationship or a civil-service relationship shall retain the health insurance entitlement thereof if the contributions have not been remitted by the employer.
(10) No fines under Article 104 (1) and (2) herein shall be imposed on any employers who or which remit the health insurance contributions due for the period until the 31st day of December 2003 on or before the 31st day of December 2004.
§ 19b. (New, SG No. 28/2004) The Council of Ministers shall adopt and promulgate in the State Gazette the ordinance referred to in Article 45 (4) herein not later than the 30th day of April 2004.
§ 19c. (New, SG No. 45/2005) (1) Any Bulgarian citizens, who resided abroad for more than 183 days within a calendar year during the period commencing on the 1st day of January 2000 and ending on the 31st day of December 2004 and who are in arrears with health insurance contributions for their own account for the time of residence thereof abroad, may be exempt from the obligation to pay the said contributions if they have not made a free choice of a medical care provider who has concluded a contract with a Regional Health Insurance Fund under Article 4 (1) herein for the relevant calendar year.
(2) (Amended, SG No. 105/2005) In the cases referred to in Paragraph (1), the persons, acting personally or through an authorized representative, may submit a statement application not later than the 31st day of December 2006, completed in a standard form endorsed by the executive director of the National Revenue Agency consulted with the Director of the National Health Insurance Fund.
(3) The persons referred to in Paragraph (1) shall be reinstated to the health insurance entitlement thereof according to the procedure established by Article 40a herein.
§ 19d. (New, SG No. 45/2005) (1) Any persons, who are in arrears with health insurance contributions for their own account until the 1st day of June 2005, may request that the amounts due be rescheduled until the 31st day of December 2006 if the said persons had an average monthly income per family member not exceeding BGN 200 for the period commencing on the 1st day of October 2004 and ending on the 31st day of March 2005.
(2) The procedure established by Paragraph (1) shall apply to rescheduling of arrears of health insurance contributions to an amount of the principal exceeding BGN 50.
(3) (Amended, SG No. 99/2005, SG No. 105/2005) For rescheduling of the amounts due, not later than the 31st day of December 2005 the persons referred to in Paragraph (1) shall submit a statement application to the territorial directorates of the National Revenue Agency, completed in a standard form endorsed by the executive director of the National Revenue Agency.
(4) The arrears shall be rescheduled as from the date of submission of the request by a decision of the head of the local division of the National Social Insurance Institute or of persons authorized thereby. Any such decision shall state the amount due, the time limit for payment of the amount due as rescheduled, and the total amount due until expiry of the said time limit. One copy of the said decision shall be served on the person.
(5) (Amended, SG No. 95/2006, effective 1.01.2007) Upon determination of the income referred to in Paragraph (1), account shall be taken of all gross income accruing to the family which is taxable under the Income Taxes on Natural Persons Act, as well as the pensions, benefits, allowances and study grants received, with the exception of the monthly social integration benefits paid under the Integration of Persons with Disabilities Act, the personal attendant benefit under Article 103 of the Social Insurance Code, the study grants of schoolchildren until completion of secondary education but not later than attainment of the age of 20 years, as well as the allowances received under the Social Assistance Act.
(6) The persons referred to in Paragraph (1), who fail to pay more than three health insurance contributions for the period of rescheduling, shall pay the providers for the medical care provided thereto.
(7) The limitation applicable to the rescheduled arrears shall be tolled for period of rescheduling.
(8) Fines under Article 104 (3) herein shall not be imposed on the persons, the provision of Article 109 (1) herein shall not apply, and coercive measures for collection of the arrears shall not be taken if the conditions covered under Paragraphs (1) to (4) are fulfilled.
§ 19e. (New, SG No. 45/2005) No interest shall accrue for the period commencing on the 1st day of June 2005 and ending on the 31st day of December 2006 on any arrears of health insurance contributions due from persons for their own account which arose until the 1st day of June 2005.
§ 19f. (New, SG No. 102/2005) The Council of Ministers shall introduce of adoption by the National Assembly the drafts under Article 22(3), in case the 2006 National Framework Contract is not signed by 18 December 2005.
§ 19g. (New, SG No. 103/2005) (1) The Ordinance pursuant to article 97a, para 2, item 5, article 3 and article 97c para 6 shall be adopted within a year after entry into force of the Insurance Code. The first test for acquiring actuary licence shall be held within 6 months of the entry into force of the Ordinance.
(2) Within three years of the entry into force of the Insurance Code the health insurance companies must sign contracts for actuary services with licences registered actuaries.
(3) Prior to expiry of the deadline pursuant to para 2 the persons that have been approved as actuaries of health insurance companies and are still in a procedure of approval under articles 97 or 99 can perform the duties of registered actuary for health insurance companies and can be elected as such. Prior to the expiry of the deadline pursuant to para 2 the position of registered actuary can be taken by persons who has been approved as actuaries of insurance or reinsurance companies or had been licensed as actuaries of pension companies and funds for supplementary pension schemes managed by these companies.
§ 19h. (New, SG No. 100/2007) (1) Not later than the 30th day of September 2012, the Financial Supervision Commission shall adopt a report on the application of Article 88a (1) herein, which shall contain conclusions regarding the use of sex as an actuarial factor in the calculation of health insurance premiums, taking into account the latest actuarial data and statistical data, as well as the report of the European Commission on the application of Article 5 of Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services.
(2) The report referred to in Paragraph (1) shall be provided to the Minister of Labour and Social Policy for the purposes of notifying the European Commission.
§ 20. (Amended, SG No. 105/2005) The implementation of this Act shall be entrusted to the Minister of Health, to the bodies of the National Health Insurance Fund which represent the said Fund, and to the National Revenue Agency in the part relating to the collection of health insurance contributions.
Lev Re-denomination Act
Promulgated, State Gazette No. 20/1999, supplemented, SG No. 65/1999
(effective 5.07.1999)
......................................................................
TRANSITIONAL AND FINAL PROVISIONS
......................................................................
§ 4. (1) (Supplemented, SG No. 65/1999) Upon the entry of this Act into force, all figures expressed in old lev terms as indicated in the laws which will have entered into force prior to the 5th day of July 1999 shall be replaced by figures expressed in new lev terms, reduced by a factor of 1,000. The replacement of all figures expressed in old lev terms, reduced by a factor of 1,000, shall furthermore apply to all laws passed prior to the 5th day of July 1999 which have entered or will enter into force after the 5th day of July 1999.
(2) The authorities, which have adopted or issued any statutory instruments of secondary legislation which will have entered into force prior to the 5th day of July 1999 and which contain figures expressed in lev terms, shall amend the said acts to bring them in conformity with this Act so that the amendments apply as from the date of entry of this Act into force.
.....................................................................
§ 7. This Act shall enter into force on the 5th day of July 1999.
Act to Amend and Supplement the Social Insurance Code
Promulgated, State Gazette No. 1/2002 (effective 1.01.2002)
.....................................................................
TRANSITIONAL AND FINAL PROVISIONS
.....................................................................
§ 92. The Health Insurance Act (promulgated in the State Gazette No. 70 of 1998; amended in Nos. 93 and 153 of 1998, Nos. 62, 65, 67, 69, 110 and 113 of 1999, No. 64 of 2000 and No. 41 of 2001) shall be amended and supplemented as follows:
.....................................................................
2. In Article 40:
(a) in Item 8 of Paragraph (1), the words "Occupational Training and Unemployment Fund" shall be replaced by "Unemployment Fund";
(b) throughout the item, the words "the double amount of the national minimum (monthly) wage" shall be replaced by "the minimum amount of the contributory income as fixed by the Public Social Insurance Budget Act", the words "the single amount of the national minimum (monthly) wage" shall be replaced by "one half of the minimum contributory income as fixed by the Public Social Insurance Budget Act", and the words "the ten-fold amount of the national minimum (monthly) wage" shall be replaced by "the maximum amount of the contributory income as fixed as fixed by the Public Social Insurance Budget Act."
Act to Amend and Supplement the Health Insurance Act
Promulgated, State Gazette No. 107/2002, supplemented, SG No. 119/2002
(effective 27.12.2002), amended and supplemented, SG No. 8/2003
(effective 1.03.2003)
.....................................................................
TRANSITIONAL AND FINAL PROVISIONS
§ 94. (1) The Council of Ministers, the representative trade union and employers organizations, the National Association of Municipalities and the representative organizations for protection of patient rights shall designate the representatives thereof to the Meeting of Representatives of the National Health Insurance Fund within fifteen days after the entry of this Act into force.
(2) The first sitting of the Meeting of Representatives for election of a new Governing Board and Review Board shall be held within ten days after the expiry of the time limit established by Paragraph (1). The Meeting shall be convened by the Governing Board of the National Health Insurance Fund.
(3) Within fifteen days after the conduct of the first sitting of the Meeting of Representatives, the said Meeting, acting on a motion by the Governing Board, shall adopt rules for conduct of a competitive examination procedure for Director of the National Health Insurance Fund, and the Governing Board shall announce the procedure.
(4) Within one month after election of a Director of the National Health Insurance Fund, the Governing Board shall establish eligibility requirements, rules for conduct of competitive examination procedures, and shall announce competitive examination procedures for directors of Regional Health Insurance Funds.
(5) The organizations covered under Paragraph (1), which have failed to designate the representatives thereof to the Meeting of Representatives in accordance with the requirements and according to the procedure established by this Act, shall become entitled to participate in the said Meeting after designation of the said representatives. The Meeting shall be legitimate even without the participation of any such representatives, provided that the requirements of Article 11 (of the Health Insurance Act) are complied with.
§ 95. (Supplemented, SG No. 8/2003) The Council of Ministers or the Financial Supervision Commission, as the case may be, shall adopt and amend the statutory instruments of secondary legislation for the application of this Act within two months after the entry of the said Act into force.
§ 96. The Minister of Health shall issue the ordinances referred to in Article 45 (2) and (3) (of the Health Insurance Act) and the other statutory instruments of secondary legislation and the amendments thereof, related to the application of this Act, within one month after the entry of the said Act into force.
§ 97. The Ministry of Health and the State Social Insurance Supervision Agency shall deliver the registers and files of the companies referred to in § 101 and 102, kept thereat, to the Insurance Supervision Agency within one month after the entry of this Act into force.
§ 98. (Amended, SG No. 8/2003) The Financial Supervision Commission or, respectively, the Deputy Chairperson of the said Commission in charge of the Insurance Supervision Department, shall adopt and amend the internal instruments related to the application of this Act within three months after the entry of this Act into force.
§ 99. The National Framework Agreement for 2003 shall be adopted in accordance with the provisions of this Act.
§ 100. The National Health Insurance Fund shall bring the rules thereof and the other internal departmental instruments into conformity with the provisions of this Act not later than the 31st day of December 2002.
§ 101. (1) (Amended, SG No. 8/2003) Any applications for licensing of voluntary health insurance companies, which were submitted prior to the entry of this Act into force and whereon no licence for provision of voluntary health insurance has been granted or refused to be granted by the State Social Insurance Supervision Agency, shall be considered by the Financial Supervision Commission under the terms and according to the procedure established by this Act.
(2) To obtain a licence under this Act, any company referred to in Paragraph (1) shall be obligated to bring the organization and activity thereof into conformity with the requirements of the said Act.
§ 102. (1) Any licences for provision of voluntary health insurance in respect of individual packages of activities, which were granted by the State Social Insurance Supervision Agency prior to the entry of this Act into force, shall remain in effect, with the companies holding any such licences being obligated to bring the organization and activity thereof into conformity with the requirements of this Act within nine months after the entry of the said Act into force.
(2) (Amended, SG No. 8/2003) Within the time limit established by Paragraph (1), the licensed health insurance companies shall submit to the Financial Supervision Commission the documents and the information required for the grant of a licence under this Act.
§ 103. (1) Any natural or legal person, who or which carries on activity comprehended in voluntary health insurance without having obtained an appropriate licence, irrespective of whether this business is expressly listed among the objects thereof, shall be obligated to bring the instruments of incorporation and organization thereof, as well as the business thereof, into conformity with this Act and to submit an application for licensing within six months after the entry of this Act into force.
(2) Any person referred to in Paragraph (1), who or which shall fail to submit an application for licensing within the time limit established by Paragraph (1) or who or which shall be refused a licence, shall have no right to provide voluntary health insurance.
§ 103a. (New, SG No. 8/2003) During the period commencing upon the receipt of a licence for activity comprehended in voluntary health insurance and ending upon the increase of capital to BGN 2 million, a health insurance company shall be obligated to invest part of its own funds to an amount equal to one third of the solvency limit, under the terms and according to the procedure established by Article 90e of the Health Insurance Act.
§ 104. (1) Item 2 of § 3 and Item 2 of § 31 herein shall enter into force on the 1st day of January 2004. Until the entry into force of Item 2 of § 31 herein, the National Health Insurance Fund may require that the source medical documents referred to in Article 68 (3) (of the Health Insurance Fund) cite, inter alia, the Standard Public Registry Personal Numbers of the physicians and dentists.
(2) Item 3 of § 26 herein in reference to Litterae (a), (b) and (c) of Item 2 of Article 55 (7) (of the Health Insurance Act) shall apply until the 1st day of January 2004.
(3) (New, SG No. 119/2002) § 21 shall enter into force on the 1st day of January 2003.
2003 National Health Insurance Fund Budget Act
Promulgated, SG No. 119/2002 (effective 1.01.2003)
FINAL PROVISIONS
.....................................................................
§ 7. In the Act to Amend and Supplement the Health Insurance Act (State Gazette No. 107 of 2002), in § 104 of the Transitional and Final Provisions, there shall be added the following new paragraph to read as follows:
" (3) § 21 shall enter into force on the 1st day of January 2003."
.....................................................................
§ 11. This Act shall enter into force on the 1st day of January 2003, with the exception of § 7, which shall enter into force as from the date of promulgation of this Act in the State Gazette.
Financial Supervision Commission Act
Promulgated, State Gazette No. 8/2003 (effective 1.03.2003)
TRANSITIONAL AND FINAL PROVISIONS
.....................................................................
§ 5. The statutory instruments of secondary legislation adopted on the application of the Public Offering of Securities Act, the Insurance Act, the Social Insurance Code, the Supplementary Voluntary Retirement Insurance Act, the Health Insurance Act and the Protection in Unemployment and Employment Promotion Act shall continue in effect insofar as they do not come into conflict with this Act.
.....................................................................
§ 12. (1) The Health Insurance Act (promulgated in the State Gazette No. 70 of 1998; amended in Nos. 93 and 153 of 1998, Nos. 62, 65, 67, 69, 110 and 113 of 1999, Nos. 1, 31, and 64 of 2000, No. 41 of 2001, Nos. 1, 54, 74, 107 and 112 of 2202) shall be amended and supplemented as follows:
.....................................................................
25. Throughout the Health Insurance Act, the words "Insurance Supervision Agency" and "the Agency" shall be replaced by "the Deputy Chairperson of the Financial Supervision Commission in charge of the Insurance Supervision Department."
.....................................................................
Act to Amend and Supplement the Health Insurance Act
Promulgated, State Gazette No. 49/2004
§ 3. The words "the Compulsory Social Insurance Code" shall be replaced by "the Social Insurance Code" throughout this Act.
§ 4. Any registered agricultural producer and tobacco grower producing unprocessed plant and/or animal produce shall not establish a final amount of contributory income in respect of such activity for 2004.
.....................................................................
Act to Amend and Supplement the Health Insurance Act
Promulgated, State Gazette No. 111/2004 (effective 21.12.2004),
amended, SG No. 46/2005 (effective 1.06.2005)
TRANSITIONAL AND FINAL PROVISIONS
§ 13. (1) Any persons, who are in arrears with more than three health insurance contributions upon the entry of this Act into force, shall be reinstated to the health insurance entitlement thereof if they pay, on or before the 31st day of January 2005, a lump sum to the amount of three health insurance contributions, at a rate set according to the procedure established by Article 29 (3) herein, on the minimum monthly amount of contributory income applicable to self-insured persons, as fixed by the Public Social Insurance Budget Act at the time of remittance of the contributions.
(2) (Amended, SG No. 45/2005) The sums paid under Paragraph (1) shall be deducted from the amount of arrears in respect of health insurance contributions.
(3) The sums referred to in Paragraph (1) shall be remitted according to the procedure established by Article 41 herein.
§ 14. (1) In respect of any persons who have been reinstated to the health insurance entitlement thereof according to the procedure established by § 13 herein, Article 109 (1) [of the Health Insurance Act] shall apply as from the 1st day of January 2006.
(2) Any [health] insured persons referred to in Paragraph (1), who fail to pay more than three health insurance contributions for the period commencing on the 1st day of February 2005 and ending on the 1st day of January 2006, shall pay for the medical care delivered thereto to the providers.
§ 15. Any persons referred to in Item 4 of Article 40 (2) [of the Health Insurance Act], who are in arrears with more than three health insurance contributions upon the entry of this Act into force, shall be reinstated to the health insurance entitlement thereof after the 1st day of January 2005 upon remittance of the first contribution for the account of the Executive Budget.
§ 16. Any Bulgarian citizens, who are obligated to pay health insurance in respect of themselves and who reside abroad for more than 183 days within a calendar year, may be reinstated to the health insurance entitlement thereof under the terms and according to the procedure established by Article 40a [of the Health Insurance Act] without submitting an application to the National Social Security Institute.
.....................................................................
§ 19. This Act shall enter into force as from the date of promulgation thereof in the State Gazette, with the exception of Item 1 (b) of § 4 (regarding Item 3 of Article 40 (1) of the Health Insurance Act) and Item 2 (a) of § 4 (regarding Item 4 [of Article 40 (2) of the Health Insurance Act), which shall enter into force as from the 1st day of January 2005.
Act to Amend and Supplement the Health Insurance Act
(SG No. 99/9.12.2005 - effective 1.11.2005)
TRANSITIONAL AND FINAL PROVISIONS
§ 2. (1) By 31 December 2005 the territorial units of the National Social Security Institute shall forward mandatory instructions to persons, who had not exercised their rights under § 19d, paragraph 1 and their health insurance rights had not been re-established by 31 October 2005. These instructions shall show the amounts of liabilities and the time periods, to which they relate.
(2) Forwarding the mandatory instructions shall suspend any prescription rights.
(*) Act to Amend the Commercial Register Act
(SG No. 80/2006, effective 3.10.2006)
§ 1. In § 56 of the Transitional and Final Provisions the words "1 October 2006" shall be replaced by "1 July 2007"
........................................................................
Act to Amend and Supplement the Health Insurance Act
(Promulgated, SG No. 95/2006, effective 24.11.2006)
TRANSITIONAL AND FINAL PROVISIONS
§ 13. Not later than the 1st day of December 2006:
1. the Minister of Health shall issue the ordinance referred to in Article 80a (3) herein;
2. the Director of the National Health Insurance Fund shall endorse a standard form of a European health insurance card.
.......................................................................
§ 15. This Act shall enter into force as from the day of promulgation thereof in the State Gazette, with the exception of § 2, 3,.4, 5, 6, 7 and 10 herein, which shall enter into force as from the day of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union.
Income Taxes on Natural Persons Act
(Promulgated, SG No. 95/2006, effective 1.01.2007)
TRANSITIONAL AND FINAL PROVISIONS
§ 13. In the Health Insurance Act (promulgated in the State Gazette No. 70 of 1998; amended in Nos. 93 and 153 of 1998, Nos. 62, 65, 67, 69, 110 and 113 of 1999, Nos. 1, 31 and 64 of 2000, No. 41 of 2001, Nos. 1, 54, 74, 107, 112, 119 and 120 of 2002, Nos. 8, 50, 107 and 114 of 2003, Nos. 28, 38, 49, 70, 85 and 111 of 2004, Nos. 39, 45, 76, 99, 102, 103 and 105 of 2005, Nos. 17, 18, 30, 33, 34 and 59 of 2006), in Article 42 (1) and (3) and § 19d (5) of the Transitional and Final Provisions, the words "the Personal Income Tax Act" shall be replaced by "the Income Taxes on Natural Persons Act".
.......................................................................
§ 21. This Act shall enter into force on the 1st day of January 2007, with the exception of § 10, which shall enter into force on the day of promulgation of the Act in the State Gazette.
Medicinal Products in Human Medicine Act
TRANSITIONAL AND FINAL PROVISIONS
(SG No. 31/2007)
.......................................................................
§ 18. (1) The Positive Drug List for 2008 shall be produced in pursuance hereof and it shall enter into force one year after the entry of this Act into force.
(2) Until the entry into force of the Positive Drug List under para 1, medicinal products shall be negotiated in pursuance of Art. 45, paras 4 and 5 Health Insurance Act at least once a year, based on the effective Positive Drug List as of the moment of opening negotiations.
.......................................................................
§ 37. This Act shall become effective on the day of its publication in the State Gazette with the exception of § 22, which shall enter into force one year after the entry of this Act into force.
Annex to Article 6 (2)
(Amended and supplemented, SG No. 113/1999)
Regional Health Insurance Funds
1. Blagoevgrad: municipalities of Bansko, Belitsa, Blagoevgrad, Gotse
Delchev, Gurmen, Hadjidimovo, Kresna, Petrich, Razlog, Sandanski, Satovcha,
Simitli, Stroumyani, Yakorouda.
2. Bourgas: municipalities of Aytos, Bourgas, Kameno, Karnobat, Malko
Turnovo, Nessebur, Pomorie, Primorsko, Rouen, Soungourlare, Sozopol,
Sredets, Tsarevo.
3. Varna: municipalities of Avren, Aksakovo, Beloslav, Byala, Devnya,
Dolni Chiflik, Dulgopol, Provadia, Souvorovo, Varna, Vetrino, Vulchidol.
4. Veliko Turnovo: municipalities of Elena, Gorna Oryahovitsa,
Lyaskovets, Pavlikeni, Polski Trumbesh, Souhindol, Strazhitsa, Svishtov,
Veliko Turnovo, Zlataritsa.
5. Vidin: municipalities of Belogradchik, Boynitsa, Bregovo,
Chouprene, Dimovo, Gramada, Koula, Makresh, Novo Selo, Rouzhintsi, Vidin.
6. Vratsa: municipalities of Borovan, Byala Slatina, Hairedin, Knezha,
Kozlodoui, Krivodol, Mezdra, Mizia, Oryahovo, Roman, Vratsa.
7. Gabrovo: municipalities of Dryanovo, Gabrovo, Sevlievo, Tryavna.
8. Dobrich: municipalities of Balchik, Dobrich (Urban), Dobrich Rural,
General Toshevo, Kavarna, Kroushari, Shabla, Tervel.
9. Kurdjali: municipalities of Ardino, Chernoochene, Djebel, Kirkovo,
Kroumovgrad, Kurdjali, Momchilgrad.
10. Kyustendil: municipalities of Bobovdol, Boboshevo, Doupnitsa,
Kocherinovo, Kyustendil, Nevestino, Rila, Sapareva Banya, Treklyano.
11. Lovech: municipalities of Apriltsi, Letnitsa, Loukovit, Lovech,
Ougurchin, Teteven, Troyan, Yablanitsa.
12. Montana: municipalities of Berkovitsa, Boichinovtsi, Broussartsi,
Chiprovtsi, Georgi Damyanovo, Lom, Medkovets, Montana, Vulchedrum, Vurshets,
Yakimovo.
13. Pazardjik: municipalities of Batak, Belovo, Bratsigovo,
Lessichovo, Panagyurishte, Pazardjik, Peshtera, Rakitovo, Septemvri,
Strelcha, Velingrad.
14. Pernik: municipalities of Breznik, Kovachevtsi, Pernik, Radomir,
Trun, Zemen.
15. Pleven: municipalities of Belene, Cherven Bryag, Dolna Mitropolia,
Dolni Dubnik, Goulyantsi, Levski, Nikopol, Pelovo, Pleven, Pordim.
16. Plovdiv: municipalities of Asenovgrad, Brezovo, Hissarya,
Kaloyanovo, Karlovo, Luki, Maritsa, Plovdiv, Purvomay, Rakovski, Rhodopi,
Sadovo, Suedinenie.
17. Razgrad: municipalities of Isperih, Koubrat, Loznitsa, Razgrad,
Samouil, Tsar Kaloyan, Zavet.
18. Rousse: municipalities of Borovo, Byala, Dve Mogili, Ivanovo,
Rousse, Slivo Pole, Tsenovo, Vetovo.
19. Silistra: municipalities of Alfatar, Doulovo, Glavinitsa,
Kaynardja, Silistra, Sitovo, Toutrakan.
20. Sliven: municipalities of Kotel, Nova Zagora, Sliven, Tvurditsa.
21. Smolyan: municipalities of Banite, Borino, Chepelare, Devin,
Dospat, Madan, Nedelino, Roudozem, Smolyan, Zlatograd.
22. Sofia City: wards of Bankya, Ilinden, Iskur, Izgrev, Krasna
Polyana, Krasno Selo, Kremikovtsi, Lozenets, Lyulin, Mladost, Nadezhda, Novi
Iskur, Oborishte, Ovcha Koupel, Pancharevo, Podouyane, Serdika, Slatina,
Sredets, Stoudentski, Triaditsa, Vitosha, Vrubnitsa, Vuzrazhdane.
23. Sofia Region: municipalities of Anton, Botevgrad, Bozhourishte,
Chavdar, Chelopech, Dolna Banya, Dragoman, Elin Pelin, Etropole, Godech,
Gorna Malina, Ihtiman, Koprivshtitsa, Kostenets, Kostinbrod, Mirkovo,
Pirdop, Pravets, Samokov, Slivnitsa, Svoge, Zlatitsa.
24. Stara Zagora: municipalities of Bratya Daskalovi, Chirpan,
Gourkovo, Gulubovo, Kazanluk, Muglizh, Opan, Pavel Banya, Radnevo, Stara
Zagora, Topolovgrad.
25. Turgovishte: municipalities of Antonovo, Omourtag, Opaka, Popovo,
Turgovishte.
26. Haskovo: municipalities of Dimitrovgrad, Harmanli, Haskovo,
Ivailovgrad, Lyubimets, Madjarovo, Mineralni Bani, Simeonovgrad, Stambolovo,
Svilengrad.
27. Shoumen: municipalities of Hitrino, Kaolinovo, Kaspichan, Nikola
Kozlevo, Novi Pazar, Shoumen, Smyadovo, Veliki Preslav, Venets, Vurbitsa.
28. Yambol: municipalities of Bolyarovo, Elhovo, Straldja, Toundja,
Yambol.

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