Cabinet approves compensation payment to compensate for damages

Government House, Cabinet approves principle of draft ministerial regulation on compensation for damages resulting from surveillance, prevention and control of infectious diseases. Deputy Government Spokesperson Navakarom Polpornklang revealed that the Cabinet approved the principle of the draft Ministerial Regulation on Compensation for Damages from Communicable Disease Surveillance, Prevention and Control B.E. …, which contains the main points of determining the criteria, methods and conditions for compensation for damages resulting from the surveillance, prevention or control of communicable diseases by communicable disease control officers in order to help and alleviate damages to the public affected by the performance of duties by communicable disease control officers under the Communicable Disease Act B.E. 2558. Mr. Karom said that the facts and substance of the draft ministerial regulation, the Ministry of Public Health (MoPH) proposed that 1. The Communicable Disease Act B.E. 2558, Section 48, sti pulates that in the actions of communicable disease control officers under this Act, if damage occurs to a person or property of any person from disease surveillance, prevention or control, the government must compensate that person for the damage as necessary. Such compensation for damage shall be in accordance with the criteria, methods and conditions specified in the ministerial regulation. In addition, this Act is the determination of legal measures for Thailand to be in line with the International Health Regulations B.E. 2548, which are international obligations that Thailand must comply with. Therefore, the MoPH has drafted the Ministerial Regulation on the Payment of Compensation for Damages from Communicable Disease Surveillance, Prevention and Control B.E. … to determine legal measures in cases where the actions of communicable disease control officers cause damage to a person or property of any person from disease surveillance, prevention and control, which will help and alleviate the damages to the public caused by the duties of communicable disease control officers, with the following important points: 1.1 In the event that damage occurs while performing the duties of a communicable disease control officer, one of the following actions shall be taken: (1) In the event that the communicable disease control officer has reported by himself, if the damage occurred in the province, the provincial public health officer shall report to the provincial communicable disease committee. However, if the damage occurred in Bangkok, the director of the Bangkok Health Department shall report to the Bangkok Communicable Disease Committee. This action must be taken within 7 days from the date on which he knew or should have known of the damage. (2) In the event that the injured person or the legal heir of the injured person has filed a request for compensation for damage by himself, the injured person shall file a request at the provincial public health office if the damage occurred in the province, or at the Bangkok H ealth Department if the damage occurred in Bangkok. The request must be filed within 90 days from the date on which he knew or should have known of the damage. The provincial public health officer or the director of the Bangkok Health Department shall report to the provincial communicable disease committee or the Bangkok Communicable Disease Committee, as applicable, within 7 days from the date on which the request was received. 1.2 The Provincial Communicable Disease Committee and the Bangkok Communicable Disease Committee are responsible for considering and determining compensation for damages to the injured party, taking into account the damages suffered by the injured party, the benefits received by the injured party, and the opportunity for the injured party to alleviate the damages in other ways. The consideration must be completed within 30 days from the date of receiving the report, and if necessary, the period may be extended for no more than 30 days from the expiration of the said period. The compe nsation for damages shall be considered as follows: (1) Necessary medical expenses shall be paid at the actual cost, but not exceeding 30,000 baht; (2) Physical rehabilitation expenses shall be paid at the actual cost, but not exceeding 50,000 baht; (3) Compensation for loss of earnings during the period of inability to work normally shall be paid at the minimum wage rate in the province where work is performed on the date of inability to work normally, for a period not exceeding 30 days from the date of inability to work normally; (4) In the event that the injured party dies. The Provincial Communicable Disease Committee or the Bangkok Communicable Disease Committee shall consider determining the compensation to compensate the damages to the legal heirs of the injured party as follows: 1) Compensation, to be paid in an amount not exceeding 30,000 baht but not exceeding 100,000 baht; 2) Funeral expenses, to be paid in an amount not exceeding 20,000 baht; and 3) Loss of support, to be paid in an amount not exc eeding 30,000 baht; (5) Damages other than (1), (2), (3), and (4), shall be paid in an amount deemed appropriate by the Provincial Communicable Disease Committee or the Bangkok Communicable Disease Committee, but not exceeding 30,000 baht; and (6) In the event that damage occurs to the property of the injured party, the Provincial Communicable Disease Committee or the Bangkok Communicable Disease Committee shall take into account the condition of the property, the market price or the reference price from the government on the date of the damage, and other factors that create fairness. 1.3 In the event that compensation for damages to the injured party or the injured party's property has been determined, the Provincial Communicable Disease Committee or the Bangkok Communicable Disease Committee shall proceed as follows: 1) In the event that compensation for damages does not exceed 400,000 baht, the matter shall be submitted to the Department of Disease Control for consideration of compensation determination a nd disbursement. 2) In the event that compensation for damages exceeds 400,000 baht, the matter shall be submitted to the Department of Disease Control for consideration of compensation determination by the National Communicable Disease Committee, and the Department of Disease Control shall disburse compensation. 1.4 In the event that damage occurs to the injured person or the injured person's property continuously in several provinces or between a province and Bangkok, the provincial public health officer or the director of the Bangkok Health Department, as the case may be, shall report to the Department of Disease Control within 7 days from the date of receiving the report from the communicable disease control officer or the date of receiving the request from the injured person, and the Department of Disease Control shall submit the matter to the National Communicable Disease Committee for consideration of compensation. 'The draft ministerial regulation on this matter is a secondary law issued under the a uthority of the Communicable Diseases Act B.E. 2558, which came into effect before the effective date of the Criteria for Drafting Laws and the Evaluation of Laws Act B.E. 2562. Therefore, it is subject to the said Act, which requires the enactment of secondary laws under the Communicable Diseases Act B.E. 2558 within 2 years from the effective date of the Criteria for Drafting Laws and the Evaluation of Laws Act B.E. 2562 (by 27 November 2023). On 21 November 2023, the Cabinet resolved to extend the period for the enactment of secondary laws issued under the Communicable Diseases Act B.E. 2558 for another year from the due date until 27 November 2024,' said Mr. Karom. Source: Thai News Agency