With the improvement of China's social security system, more and more people use medical insurance cards, that is, special cards for personal accounts of medical insurance. With the medical insurance card, it is not only more convenient, but also greatly reduces the medical burden of patients. However, in real life, there are a few illegal criminal gangs that have extended their greedy hands to the medical insurance fund, and news reports of reselling drugs using medical insurance cards are frequently seen in the media. So, is it illegal to use medical insurance card to cash out? Can I use my medical insurance card to prescribe medicine for my family? Is it necessary to take responsibility for lending the medical insurance card to others? Zhang Yupeng, a lawyer from Beijing Shangquan Law Firm, gave a detailed interpretation of these legal issues. Case 1: During the period from 2020 to 2021, when a man was sentenced to be sentenced for profiting from selling drugs by using his medical insurance card, Tian Moumou, a man in Anhui Province, used the national medical security policy to obtain drugs far exceeding his normal dosage from medical institutions with his medical insurance card and his spouse's medical insurance card, and then sold and exchanged for other drugs, making a profit of 10000 yuan. The case handling authority found out that the value of the drugs received by Tian was 33228.3 yuan. Just when he was complacent about finding a way to make money, he did not know that his criminal act had attracted the attention of the police and was finally arrested. Finally, the court sentenced Tian to one year and two months in prison, suspended for two years and fined 10,000 yuan for fraud. Lawyers popularize the law: Lawyer Zhang Yupeng said that in recent years, cases of swindling medical security benefits by taking advantage of medical insurance management loopholes have occurred from time to time. In 2020 alone, the national public security organs will investigate 1396 such cases, capture 1082 suspect, and recover medical insurance funds of more than 400 million yuan. In judicial practice, there are three main types of medical insurance fraud. First, the staff of medical security agencies use their powers to defraud medical security funds; Second, designated medical institutions and their relevant staff fabricated drug information to defraud medical security funds; Third, individuals defrauded medical security funds. According to China's Social Insurance Law, Regulations on the Supervision and Administration of the Use of Medical Security Funds, Criminal Law and other laws, the insured shall not resell drugs, accept the return of cash, in kind or obtain other illegal interests by taking advantage of the opportunity to enjoy medical security benefits. The medical security administrative department can suspend the online settlement of medical expenses for 3 to 12 months if the insured person implements the above behaviors; For the purpose of defrauding the medical security fund, if the above-mentioned acts are carried out, causing losses to the medical security fund, the administrative department of medical security shall impose a fine of not less than two times but not more than five times the amount defrauded; If the amount is relatively large and the criminal law is violated, the criminal responsibility shall be investigated with the crime of fraud. In this case, the defendant Tian Moumou, as an insured person, took the opportunity to enjoy medical security benefits to buy excessive medical insurance drugs and resell them for the purpose of making profits, causing huge losses to the national medical security fund. His behavior has constituted a crime of fraud and should be punished according to law. The sentence of this case is conducive to maintaining the safety of the medical security fund, and also serves as an alarm for the illegal use of medical security benefits by the insured. Case 2: "Helper" who buys drugs and resells them with medical insurance card was also sentenced to 2
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