Whether the theft of medical insurance card constitutes a crime

A, medical insurance card stolen brush whether constitute a crime

medical insurance card stolen brush filing standards is generally 2000, according to the local theft crime filing standards to determine whether constitute a crime. The first thing you need to do is to get a good deal of money to pay for it.

Legal basis "Supreme People's Court Supreme People's Procuratorate on the handling of criminal cases of theft of a number of issues related to the application of the law of the Interpretation":

Article 1 of the theft of public and private property valued at one thousand dollars to more than three thousand dollars, thirty thousand to more than one hundred thousand yuan, three hundred thousand to more than five hundred thousand yuan, shall be recognized as Article 264 of the Criminal Law, respectively, the provisions of the "amount of larger ", "huge amount", "especially huge amount".

The Higher People's Courts and People's Procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the state of economic development of their respective regions and taking into account the state of public security, determine the specific amount of the standard to be implemented in their respective regions within the range of the amount stipulated in the preceding paragraph, and report it to the Supreme People's Court and the Supreme People's Procuratorate for approval.

Second, the punishment for stealing the medical insurance card

According to Article 88 of the Social Insurance Law:If a person obtains social insurance benefits by fraud, falsification of supporting documents or other means, the administrative department of social insurance shall order the return of the fraudulent social insurance benefits, and impose a fine of not less than two and not more than five times the amount of the fraudulent benefits. In addition, if the fraudulent amount of 5,000 yuan or more, may violate the criminal law.

In addition, the Measures for the Supervision of Medical Insurance clearly stipulate that fraudulent use of other people's medical insurance vouchers is a violation of the law, and should be ordered to return the relevant medical insurance costs, and may be subject to a warning or a fine of more than 100 yuan and less than 2,000 yuan; if the circumstances are serious, a fine of more than 2,000 yuan and less than 10,000 yuan, and may also change the way of its bookkeeping and settlement for one to six months.

Three, health insurance card replacement process

At this stage of the medical insurance card demagnetization, loss, according to the regulations will be directly replaced by a social security card, the specific process:

(a) If the replacement of the card before and after the same bank, the person with a valid ID to the employee medical insurance card service bank for loss procedures, the street labor security service center with the bank's Lost Notice" and my valid ID, accept the social security card application for 45 working days. After receiving and funding the social security card, the amount in the original health insurance card is automatically transferred to the social security card, without the need to clear the account.

(ii) If it is not the same bank before or after the card change, the process of receiving the social security card is the same. However, the amount in the original medical insurance card will not be automatically transferred to the social security card, you need to go to the social security sub-center of the insured area with a valid ID to issue the "Employee Medical Insurance Card Clearance Notice". With the notice and valid ID, you can go to the bank where the original medical insurance card was issued to clear the account of the medical insurance card.

The above is a detailed description of the health insurance card is stolen whether the relevant content of the crime. According to the relevant provisions, the medical insurance card is stolen brush filing standards are generally 2000, according to the local theft crime filing standards to determine whether it constitutes a crime. Not constitute a crime to be punished by law and order.