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Article 139

(1) It is ensured that the insured may exercise entitlements deriving from compulsory health care insurance at the respective branch, unless otherwise prescribed hereby.

(2) Funds for providing the exercise of entitlements deriving from compulsory health care insurance for the insured persons on the territory of the respective branch are transferred by the Republican Fund to the branch in accordance with law and regulations passed to implement this Act.

(3) Family members of the insured are provided with entitlements deriving from compulsory health care insurance at the respective branch where such entitlements are provided for the primary insured from whom the members draw their secondary health care insurance. (4) Entitlements deriving from the compulsory health care insurance are provided to the insured, referred to in Article 22 hereof, persons who are to be included in compulsory

health care insurance, referred to in Article 23hereof, as well as the persons referred to

inArticle 28hereof, at the branch on which territory they are domiciled or resident.

Article 140

(1) Entitlements deriving from health care insurance are provided to:

1) the insured referred to in Article 17, paragraph 1, items 1) to 8), items 10) and 11), items 13) to 16) and item 24) hereof – in the branch on which territory is the registered office of their employer, and for those employed in the business unit outside of the registered office of the employer – in the branch according to the registered office of the business unit of the employer;

2) the insured referred to in Article 17, paragraph 1, item 17) hereof – in the branch according to the registered office of the company, and to the insured referred to in item 18) according to the place of economic activity;

3) the insured referred to in Article 17, paragraph 1, item. 25) hereof – in the branch according to the registered seat of the school or higher education institution;

4) other insured – in the branch according to the place of domicile.

(2) Notwithstanding paragraph 1 above, the insured referred to in Article 17, paragraph 1, item 21) hereof, exercise their entitlements to health care insurance at the branch on which territory the greater part of their farming land, where agricultural activities are carried out, is located.

(3) The insured person who is not domiciled at the territory of the respective branch where his/her entitlement to health care insurance is exercised, may exercise such entitlements, pursuant to the general act of the Republican Fund, at the branch of his/her domicile. (4) The insured persons who are pupils and students exercise their entitlements to health

care deriving from compulsory health care insurance, pursuant to the general act of the Republican Fund, at the branch according to the registered seat of the school or higher education institution.

(5) Business unit, within the meaning of paragraph 1, item 1) above, is a plant, shop, warehouse, representative office etc.

(6) Business unit established for performing economic activities up to six months is not considered a business unit within the meaning of paragraph 1, item 1) above.

Article 141

(1) The insured person receives health care at a health care facility or other provider of health care services, having registered office on the territory of the respective branch, with which a contract on providing health care services to insured persons has been concluded.

(2) The insured person receives health care also at a health care facility, i.e. at another provider of health care services, outside the territory of the respective branch under terms and conditions prescribed hereby and under regulations passed to implement this Act.

(3) While exercising health care entitlements the insured person is entitled to a free choice of a health care facility and a free choice of a physician (hereinafter referred to as: chosen physician), with whom the Republican Fund has entered into a contract for the provision of health care.

(4) The Republican Fund adopts a general act regulating in detail the manner and procedure of exercising entitlements deriving from compulsory health care insurance.

(5) The general act referred to in paragraph 4 above is published in the “Official Gazette of the Republic of Serbia”.

Article 142

(1) Entitlements deriving from health care insurance are exercised subject to a certified insurance document, i.e. health card, i.e. special document on exercising of health care. (2) Certification of documents referred to in paragraph 1 above performed by the respective

branch based upon the available information, i.e. evidence of payment of the due contribution, in accordance with law, as well as the employer whom the respective branch, on the basis of evidence of payment of due contributions, has issued a special tool (stamp, etc) to certify the insurance document in accordance with regulations passed to implement this Act.

(3) Certification of health cards referred to in Article 112, paragraph 3 hereof is performed by the respective branch by entering the data on paid due contributions, in accordance with law, in the space of machine readable zone for automatic reading of data.

(4) Subsequent certification of insurance documents and health cards and special documents on exercising of health may be performed provided that the insured person decided on the chosen physician in accordance with this Act and the regulations passed to implement this Act.

(5) Where the insurance document, i.e. health card, i.e. document on exercising of health care, is not certified due to failure to pay a due contribution, subsequent certification shall be performed when such contribution is paid in full.

(6) In the event that the due compulsory health care insurance contribution has not been paid, or has not been paid in full, the exercise of entitlement to health care in accordance with this Act and regulations passed to implement this Act may be covered by compulsory health care insurance only in the event of medical emergency.

Article 143

(1) Costs accrued at a health care institution upon the use of health care by insured persons for whom health care insurance contribution has not been paid, or has not been paid in full, are covered by the insured person using health care, except in the event of medical emergency.

(2) If the employer, or another contribution payer in accordance with law, has failed to exact the due payment, the insured person is entitled to compensation of the accrued costs for the use of health care, referred to in paragraph 1 above, by the employer, or another contribution payer.

(3) The employer, or another contribution payer, from whom the insured claims compensation for the costs accrued for exercising health care entitlements deriving from compulsory health care insurance, shall pay the accrued costs to the account of the insured person, or in any other adequate manner within 30 days from the day the claim has been submitted.

(4) The insured person is also entitled to the calculation of statutory interest on the due amount referred to in paragraph 3 above.

Article 144

(1) The insured person exercises his/her entitlement to health care in the manner and the procedure established by this Act and the regulations passed to implement this Act. (2) Health care costs which are not accrued in the manner and procedure set in accordance

with paragraph 1 above, are borne by the insured person.

(3) While exercising the entitlement to health care, the insured person is provided with the use of health care, in accordance with law, with application of all safe, secure and successful medical measures and procedures, medicines, medical devices, implants and medical-technical aids.

(4) Exercise of entitlement to health care as well as other entitlements deriving from the compulsory health care insurance by the insured persons residing in the Republic of Montenegro shall be governed by an agreement between the Republic of Serbia and the Republic of Montenegro.

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