RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of March 6, 2001 No. 58

About approval of the Form and Procedure for the conclusion of the agreement of medical insurance

For the purpose of execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About medical insurance" of December 30, 1999 the No. 241 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Form and the Procedure for the conclusion of the agreement of medical insurance".

2. This resolution becomes effective from the date of its signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of March 6, 2001 No. 58

Form and Procedure for the conclusion of the agreement of medical insurance

1. The conclusion of the contract of medical insurance between subjects of medical insurance for the purpose of application of the Law of the Azerbaijan Republic "About medical insurance" is made for its implementation according to this Procedure.

2. The agreement of medical insurance is the written agreement signed between the insurer and medical insurance companies according to the procedure, established by the legislation, the determining financing and the organization of the medical care provided insured according to the program of medical insurance protecting other interests insured (the form of the agreement of medical insurance is applied).

3. The agreement of compulsory medical insurance is signed for a period of one year, and the agreement of voluntary medical insurance - for the term established in the consent of the parties.

4. The document confirming the conclusion of the insurance contract is the certificate on medical insurance of legislatively established form issued insured and signed by the organization of medical insurance.

5. For the conclusion of the agreement the insurer shall file petition in the relevant organization of medical insurance. The organization of medical insurance cannot refuse to the insurer who addressed for insurance of the corresponding risks on compulsory medical insurance and having insurance interest in the conclusion of the agreement of compulsory medical insurance.

Are specified in the statement:

- for legal faces names of the legal entity, its legal address, bank details and the identification taxpayer number (ITN);

- for physical persons addresses, surname, name, middle name, phone number of the insurer, and for engaged in business activity, also the identification taxpayer number (ITN);

- the list of insured citizens with indication of on each of them surnames, name, middle name, the birthplace, floor, the permanent residence, place of employment and specifics of the performed work;

- other data important for determination of the amount of insurance premium (about health indicators, etc.);

- for the agreement of voluntary medical insurance - in addition the list of insurance medical services and condition of insurance coverage.

6. The medical insurance company within five working days makes the decision on possibility of the conclusion of the contract of compulsory medical insurance with the insurer and does on the statement of the insurer the corresponding mark about it.

7. The agreement of medical insurance is considered come into legal force from the moment of payment of insurance premium, and since the same moment grants to each insured person the certificate on insurance.

8. In case of the conclusion of the insurance contract the insurer shall report to medical insurance company about the circumstances having essential value for determination of probability of insured event and the amount of possible losses from such case (insurance risk) (if such circumstances are unknown and cannot be known to the Insurer).

At the same time such circumstances which are noted in the written request of the organization of medical insurance can be considered as important.

After the conclusion of the insurance contract before obtaining the last cannot demand agreement cancelation from the insurer of reply to the request of medical insurance company or challenge the agreement, referring to not message to it the insurer of the corresponding circumstances.

If after the conclusion of the insurance contract it is found out that the insurer provided obviously false information on the circumstances important for determination of probability of insured event and its degree, then the organization of medical insurance has the right to challenge the agreement.

9. Change and agreement cancelation of insurance are performed on the following bases:

- insurance expiration of the contract;

- death of insured;

- adoption by court of the decision on recognition of the agreement invalid;

- liquidation of medical insurance company according to the procedure, established by the current legislation;

- rejection by the insurer on payments of insurance payments in case of liquidation of insuring - the legal entity;

- in case of abuse of regulations of insurance by the organization of medical insurance, on demand (initiative) of the insurer;

- in case of payment of insurance premium after 10 days from payment due date, on demand (initiative) of insurance company.

Appendix

to the Form and the Procedure for the conclusion of the agreement of medical insurance

 
      "__"_____________ 200___ года № ___________

______________________________________________________________________
                    (название населенного пункта)
Страховая медицинская организация ____________________________________
                                      (наименование страховой
______________________________________________________________________
                       медицинской организации)
(далее-Страховщик), имеющая лицензию № ___ от
"_____"__________________ 200___ года в лице _________________________
_____________________________________________________________________,
                 (должность, фамилия, имя, отчество) 
действующего на основании устава, с одной стороны, и _________________
______________________________________________________________________
        (полное наименование организации, наименование органа
______________________________________________________________________
          исполнительной власти или местного самоуправления)

(далее-Страхователь), в лице ________________________________________,
                           

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