Can I let my friend borrow my health insurance card?

My friend has just hospitalized. She hasn't purchased the health insurance card yet so she has to pay a high amount of hospital fees. Since we have the same full name, I want to let my friend borrow my health insurance card. She comes from a poor family and faces some economic difficulties, so I really want to help her. I would like to know if it is illegal to lend a health insurance card. Thank you.

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

The act of letting another person borrow the health insurance card to pay hospital fees is contrary to the obligations of the insured. According to Clause 2, Article 37 of Law on Health Insurance 2008 amended in 2014:

“Article 37. Responsibilities of the insured

2. To use health insurance cards for proper purposes, not to lend their cards to others.”

Depending on the seriousness of the violation, the person violating this obligation is possible to be administratively sanctioned or prosecuted for penal liability. Pursuant to Clause 2, Article 65 of Decree No. 176/2013/ND-CP:

“Article 65. Violations against other regulations on using health insurance cards during medical examination and treatment

2. Any individual that lends or borrows the health insurance card shall be liable to:

a) A fine of from 500,000 VND to 1,000,000 VND if the act has not caused a loss to health insurance fund;

b) A fine of from 1,000,000 VND to 2,000,000 VND if the act has caused a loss to health insurance fund.”

As such, the penalty will be different for different behaviours. If you have committed a violation and are discovered but have not damaged the insurance fund, which means that hospital fees or other medical expenses have not been paid, you will be fined from VND 500,000 to VND 1,000,000. In case you lend your card and your friend has been paid for hospital fees and medicines, you will be fined from VND 1,000,000 to VND 2,000,000. At the same time, you are required to take remedial action, namely, to refund the amount paid by the health insurance fund to the health insurance fund's collection account.

In addition, from January 1, 2018, when the Criminal Code 2015, amended and supplemented in 2017, officially takes effect, the use of other people's insurance cards may also be criminally prosecuted, as provided in Article 125 of Criminal Code as follows:

“Article 215. Health insurance fraud

1. A person who commits any of the following acts and to illegally obtain an amount of health insurance payout of from VND 10,000,000 to under VND 100,000,000 or causes damage assessed at from VND 20,000,000 to under VND 200,000,000 except in the circumstances specified in Article 174, 353 and 355 hereof shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment:

a) Forging medical records or prescriptions, falsely increase the quantity or types of medicines, medical equipment, services, treatment costs and other costs that are not incurred by the patient;

b) Forging documents, health insurance cards or using fake, revoked, falsified health insurance cards, health insurance cards of other people in order to illegally obtain health insurance benefits.

2. This offence committed in any of the following circumstances carries a fine of from VND 100,000,000 to VND 200,000,000 or a penalty of 01 - 05 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The amount of health insurance payout illegally obtained is from VND 100,000,000 to under VND 500,000,000;

d) The property damage caused by the offence is assessed at from VND 200,000,000 to under VND 500,000,000;

dd) The offence involves the use of deceitful methods;

c) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The amount of health insurance payout illegally obtained is ≥ VND 500,000,000;

b) The damage is ≥ VND 500,000,000.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.”

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Thanh Thanh Tra - FDVN Law Firm

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