Article 5. The right to medical care in the compulsory social health insurance system The Law on Compulsory Social Health Insurance

      1. Persons for whom deductions and (or) contributions to the fund have been paid, as well as those exempt from paying contributions to the fund in accordance with paragraph 7 of Article 28 of this Law, have the right to medical care in the compulsory social health insurance system.

     2. In case of non-payment of deductions and (or) contributions, persons receive medical care in the compulsory social health insurance system for no more than three months from the date of termination of payment of such deductions and (or) contributions. This right does not exempt individuals from the obligation to pay contributions to the fund for an unpaid period.

  Persons who have continuously paid contributions and/or deductions for them for sixty months (with the exception of persons specified in paragraph 1 of Article 26 and paragraph 1 of Article 26-1 of this Law), in case of non-payment of contributions and/or contributions, retain the right to receive medical care in the compulsory social health insurance system. for a period of no more than six months from the date of termination of payment of deductions and (or) contributions. This right does not exempt individuals from the mandatory payment of contributions for an unpaid period.

     2-1. It was valid until 01.01.2024 in accordance with the Law of the Republic of Kazakhstan dated 26.12.2018 No. 203-VI.      

   2-2. It was valid until 07/01/2021 by the Law of the Republic of Kazakhstan dated 11/16/2015 No. 405-V.  

      3. Persons, with the exception of persons provided for in subparagraph 9) of the first paragraph of paragraph 2 of Article 14 of this Law, for whom deductions and (or) contributions to the fund have not been paid, in order to acquire the right to medical care in the compulsory social health insurance system, are obliged to pay contributions to the fund for an unpaid period, but not more than twelve months preceding the payment date, in the amount of 5 percent of the minimum wage established for the current fiscal year by the law on the republican budget, for each month.

     It is not included in the calculated unpaid period if the period when calculating the unpaid period covers the moment:

     1) originated before January 1, 2020;

     2) receiving income during the period of employment related to the list of activities for which a correction factor of 0 to the rates of taxes and social payments is established, approved by the Government of the Republic of Kazakhstan, or in which the employer has not calculated and (or) has not paid deductions and (or) contributions to compulsory social health insurance in accordance with the provisions of legal acts adopted to ensure the economic security of the country during crisis situations that pose or may pose a threat to the life and health of the population, in accordance with the acts of the Government of the Republic of Kazakhstan.

     3) arose before July 1, 2023 for the persons provided for in subparagraph 11) of the first paragraph of paragraph 2 of Article 14 of this Law.

     3-1. It was valid until 01.01.2024 in accordance with the Law of the Republic of Kazakhstan dated 26.12.2018 No. 203-VI.  

      3-2. Persons provided for in subparagraph 9) of paragraph one of paragraph 2 of Article 14 of this Law who have not paid contributions to the fund, in order to acquire the right to medical care in the compulsory social health insurance system, pay contributions to the fund in one of the following ways::

     1) for the period of twelve months following the payment date, in the amount of 5 percent of the minimum wage established for the current fiscal year by the law on the republican budget, for each month;

     2) for the unpaid period, but not more than twelve months preceding the payment date, in the amount of 5 percent of the minimum wage established for the current fiscal year by the law on the republican budget, for each month.

     4. Persons for whom deductions and (or) contributions to the fund have not been received or who have not paid contributions to the fund are provided with a guaranteed amount of free medical care in accordance with the Code of the Republic of Kazakhstan "On the Health of the People and the Healthcare System".

The Law of the Republic of Kazakhstan dated November 16, 2015 No. 405-V SAM.

     This Law regulates public relations arising in the system of compulsory social health insurance in order to implement the constitutional right of citizens to health protection.

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