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2022 사례로 보는 외국인환자 상담 실무
등록일 2023-02-01Ⅰ. 의료법 등 외국인환자 관련 법령 일반 ··························································································1
1. 외국인환자의 정의 ····················································································································3
2. 외국인환자 유치 병상 수 제한 ·································································································5
3. 의료광고 관련 (유치업체의 의료광고 범위) ··················································································6
4. 의료광고 관련 (유치업체 플랫폼에 시술례・수술례 사진 게재) ························································8
5. 의료광고 관련 (의료서비스 할인 쿠폰 게재・발행 가능 여부) ·························································9
6. 의료광고 관련 (외국인환자의 수술 후기 게재) ···········································································10
7. 의료광고 관련 (의료광고의 주체) ······························································································11
8. 국민건강보험증 부정사용 문제 ································································································12
9. 외국인환자 사망 시 대응 절차 ·······························································································13
10. 외국인환자의 사전연명의료의향서 신청 ··················································································15
Ⅱ. 사증・출입국 관련 ························································································································17
1. 의료관광비자란? ······················································································································19
2. 의료관광비자(메디컬비자) 발급 절차 ·······················································································21
3. 의료관광비자 대리 발급 관련 (의료관광 우수 유치기관의 대리 발급) ·········································26
4. 코로나19 이후 의료관광비자 발급 관련 ·················································································27
5. 단기체류 외국인 숙박신고제 ···································································································28
6. 외국인등록 및 국민건강보험 가입 여부 ··················································································29
7. 교통사고로 인한 장기체류 ······································································································30
8. 체류기간 연장신청과 체류자격 변경 ·······················································································32
9. 사증 면제국 소속 외국인의 치료 목적 장기체류 ····································································33
10. 사증 없이 입국할 수 있는 경우 ·····························································································44
11. 환자 동반자에 대한 사증 발급 ·······························································································47
12. 질병 등 인도적 사유로 인한 체류허가 ···················································································48
13. 보호자의 비자연장 대리 신청 ·································································································49
14. 전자민원을 통한 비자연장 신청 ·····························································································52
15. 불법체류자 발생 시 유치기관에 대한 행정제재 ······································································53
16. 외국인환자 초청장 발급 ·········································································································55
17. 두 개 이상 의료기관 중복 방문 가능 여부 (메디컬비자 발급 시) ············································56
18. 비자 발급 대행기관의 자격 요건 ····························································································57
19. 메디컬비자 신청 가능 횟수 ····································································································58
20. 전자비자란 무엇인가요 ···········································································································59
21. 체류기간과 입국만료일의 차이 ·······························································································60
22. 불법체류자의 비자 재신청 ······································································································61
Ⅲ. 국민건강보험 ·······························································································································63
1. 외국인의 국민건강보험 가입관련 ····························································································65
2. 외국인의 국민건강보험 재취득 ································································································67
3. 외국인의 국민건강보험 자격 상실 ··························································································68
4. 한국 내에서 근무하는 외국인의 직장가입 제외 신청 ······························································70
5. 외국인 유학생의 건강보험 가입 ······························································································72
6. 외국인 신생아의 건강보험 지역가입자 자격 취득 ···································································74
Ⅳ. 의료서비스 이용 관련 ·················································································································75
1. 의료기관 소개 문의 ················································································································77
2. 미용・성형 의료서비스 이용 관련 ····························································································78
3. 재외국민 대상 비대면 진료 서비스 ·························································································79
4. 외국인환자 진료비 문제 ··········································································································80
5. 미용・성형 진료비 관련 ···········································································································82
6. 치료 후 귀국한 외국인환자에 대한 진단서 발급 ····································································83
7. 치료 후 귀국한 외국인환자에 대한 대리진료 ·········································································84
8. 진료기록 대리 열람・발급 문제 ·······························································································85
9. 외국인환자 대리처방 관련 허용범위 ·······················································································86
10. 외국인환자 진료서식 문의 ······································································································87
11. 외국인환자가 유치기관이 아닌 병원을 방문한 경우 ·······························································88
12. 외국인 무료진료소 ··················································································································89
13. 의무기록사본 발급 요청 ·········································································································94
14. 외국인환자가 온라인에 악성 게시글 게재하는 경우 ·······························································95
15. 암호화폐(가상화폐)로 진료비 결제가 가능한지 ·······································································96
Ⅴ. 외국인환자유치업 관련 ················································································································97
1. 지방일괄이양법 시행 관련 ······································································································99
2. 외국인환자 유치등록 문의 (유치업체의 경우) ·········································································101
Ⅵ. 의료분쟁 관련 법률문제 ············································································································127
1. 조정 및 중재의 차이점 및 해결방법 ····················································································129
2. 의료분쟁조정 관련 ················································································································131
3. 외국인환자 의료분쟁 등을 관할하는 국제재판소 ··································································136
4. 설명의무 위반으로 인한 손해배상 (충분한 설명을 해주지 않은 의료기관의 책임 여부) ··············137
5. 입증책임의 완화 (의료소송에서 환자 측의 입증책임 완화 원칙 여부) ·········································139
6. 수술동의서상의 면책 조항 효력 여부 ···················································································141
7. 법률적인 해결 없이 장기화되는 의료분쟁 ············································································143
8. 환자와 에이전시 간 보증금 관련 갈등 ·················································································144
9. 의료기관과 에이전시 간 수수료 관련 갈등 ···········································································145
10. 에이전시와 의료기관 간 진료비 지불 관련 갈등 ··································································146
11. 환자와 의료기관 간 진료비 관련 갈등 ·················································································148
12. 외국인환자도 공정한 조정・중재를 받을 수 있는지 ······························································149
13. 중복으로 조정신청을 할 수 있는지 ······················································································150
14. 의료사고 손해배상청구권의 소멸시효 ···················································································151
15. 의료기관 폐업에 따른 진료비 환불 ······················································································152
16. 의료기관 폐업에 따른 진료비 환불 (담당의사가 타 병원 근무하는 경우) ·································153
17. 의료기관 폐업에 따른 진료비 환불 (의료기관의 명의가 변경된 경우) ······································154
18. 수술 예약금 환불 관련 ·········································································································155
19. 수술 예약금 환불 관련 (예약금 환불 불가 동의서 작성한 경우) ···············································161
20. 의료기관의 숙박시설 활용 및 비용 청구 ··············································································162
21. 의료분쟁 발생 시 자국에서 받은 진단서도 효력이 있는지 ···················································163
22. 한국의료분쟁조정중재원 상담 신청 ·······················································································164
23. 한국의료분쟁조정중재원 조정 신청 수수료 ···········································································166
24. 불법체류자의 의료사고 발생 ·································································································168
25. 의료사고에 관여된 의료인(또는 의료기관)이 둘 이상인 경우 조정신청 ································169
26. 외국인환자 진료 거부 ··········································································································170
27. 한국소비자원 상담 신청 방법 ·······························································································172
28. 한국소비자원 MOU 체결 해외기관 목록 ·············································································174
29. 한국의료분쟁조정중재원과 한국소비자원의 차이점 ·······························································175
30. 의료분쟁 사례 (레이저 시술 후 색소침착) ···············································································176
31. 의료분쟁 사례 (코 성형수술 부작용으로 인한 재수술 비용 청구) ···············································177
32. 의료분쟁 사례 (처방약의 장기복용으로 인한 부작용 발생) ························································178
33. 의료분쟁 사례 (진료계약 파기시 검사비 환불 여부) ·································································179
34. 의료분쟁 사례 (쌍꺼풀 수술 부작용으로 인한 피해 보상 요구) ··················································180
35. 의료분쟁 사례 (쌍꺼풀 수술 결과 불만족으로 인한 재수술 비용 청구) ·······································181
36. 의료분쟁 사례 (유방확대수술 후 감염 및 조직 괴사) ································································182
37. 의료분쟁 사례 (피부관리 선불 수수료 환급) ············································································183
38. 의료분쟁 사례 (안면거상술 이후 신경마비에 대한 손해배상) ·····················································184
Ⅶ. 불법 브로커 신고 관련 ·············································································································185
1. 불법 브로커 개념 안내 ·········································································································187
2. 불법 브로커 신고 안내 ·········································································································188
3. 불법유치행위 등 신고포상금제 ·····························································································190
4. 미등록 유치행위 신고 시 유의사항 ······················································································193
Ⅷ. 미용・성형 의료용역 부가가치세 환급 관련 ···············································································195
1. 부가가치세 환급 가능 의료기관 안내 ···················································································197
2. 부가가치세 환급 가능 진료 항목 안내 ·················································································198
3. 부가가치세 환급 방법 안내 ··································································································199
4. 부가가치세 환급 가능 외국통화 ····························································································200
5. 미용 성형 부가가치세 환급 대상자 ······················································································201
6. 의료기관이 부가가치세 환급을 거부할 경우 ·········································································203
7. 성형 재수술 비용에 대한 부가가치세 환급 ···········································································204
8. 출국 후 부가가치세 환급 방법 ·····························································································205
9. 지불수단에 따른 의료기관의 부가가치세 환급 거부 ·····························································206
10. 부가가치세 가맹계약을 맺은 의료기관의 환급 의무 ·····························································207
11. 환급창구운영사업자에 따른 부가가치세 환급 방법 ·······························································208
12. 부가가치세 환급 창구 위치 ··································································································209
13. 유치업체가 진료비를 대납하는 경우 부가가치세 환급 방법 ·················································212
14. 외국인환자의 부가가치세율 ··································································································213
Ⅸ. 메디컬코리아센터 소개 ··············································································································215
1. 메디컬코리아지원센터(서울) 제공 서비스 ··············································································217
2. 메디컬코리아지원센터(서울) 위치 및 운영시간 안내 ·····························································218
3. 메디컬코리아 의료관광안내센터(인천공항) 제공 서비스 ························································219
4. 메디컬코리아 의료관광안내센터(인천공항) 위치 및 운영시간 안내 ·······································220
Ⅹ. 감염병(코로나19) 관련 참고사항 ·······························································································221
1. 해외입국자 입국 전 검사 중단 안내 ····················································································223
2. 사회적 거리두기 단계별 행동지침 안내 ················································································224
3. 해외발 국내 입국자 검역 절차 안내 관련 ············································································225
4. 외국인환자가 국내 체류 중 코로나19에 감염될 경우의 치료비 부담 ···································228
5. 국민안심병원 관련 안내 및 외국인환자 진료 가능 여부 ······················································235
6. 감염병의 예방 및 관리에 관한 법률 중 처벌규정 ································································236
7. PCR 검사비용 관련 ·············································································································238
8. 인천국제공항 코로나19 검사센터 안내 ·················································································239
9. 국내 입국 외국인, 코로나 양성 판정시 격리시설 ·································································241
[부록] - 관련 법령 및 고시 ·············································································································243
1. 의료 해외진출 및 외국인환자 유치 지원에 관한 법률 ··························································245
2. 의료 해외진출 및 외국인환자 유치 지원에 관한 법률 시행령 ··············································257
3. 의료 해외진출 및 외국인환자 유치 지원에 관한 법률 시행규칙 ··········································264
4. 외국인환자 불법 유치행위 등의 신고자에 대한 포상금 지급에 관한 고시 ···························271
5. 외국인환자 적정 유치 수수료율 고시 ···················································································275
6. 외국인관광객 미용성형 의료용역에 대한 부가가치세의 특례 관련 고시 ·······························276
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