Can You Use Someone Else’s Insurance for Medical Bills? – Law In A Minute

The Misadventures of Jack, Jackson, and Alex: A Medical Insurance Melodrama

Once upon a not-so-fortunate day, Jack from Nanjing, an unassuming fellow sporting the ‘laid-off worker’ badge, found himself in quite the pickle. His days, typically a symphony of serenity, were rudely interrupted by an unwelcome guest: a severe illness that decided to take up residence in his otherwise healthy self. Consequently, Jack played host to the sterile walls of a Nanjing hospital for an extended sojourn.

Here’s the rub: Jack’s rural medical insurance seemed to think hospital bills were as avoidable as a mother-in-law’s eye at a buffet table, refusing to reimburse a single yuan. Enter stage left, Jackson, his son, with a sigh so heavy it could sink a ship, “What to do when the chips are down, and dad’s health decides to play a game of financial limbo with us?”

Cue the entrance of Alex, Jack’s kinsman, who not only shared Jack’s vintage but also boasted a nifty medical insurance card. A light bulb flickered above Jackson’s head, and soon he was armed with the finest wine, knocking on Alex’s door. A toast and a tearful tale later, Jackson, with eyes brimming like a floodgate, played his ace: “Lend me your medical insurance card, dear cousin, for family is the handkerchief that dabs away life’s sneezes.”

Initially, Alex’s heart was a fortress, but the siege of Jack’s plight and a touch of kinship saw the walls crumble. “What’s the harm?” Alex mused, imagining no foul while doing a good turn. And so, with a nod and a handshake, Alex’s insurance card became Jack’s golden ticket.

Fast forward one month, and voilà! The medical expenses transformed into a reimbursement windfall of 30,000 yuan. Yet, just as they were about to break out the victory dance, an indictment crashed the party. The procuratorate, unamused by the shenanigans, branded Jackson and Alex as leading actors in a fraudulent farce.

Alex, tears streaking down, protested between sobs, “All I did was hand over my medical insurance card to kin; who knew it would lead to a courtroom drama?”

 

Law In A Minute

Under China’s Criminal Law, Jackson and Alex could be found guilty of defrauding a substantial sum in medical insurance funds. By fabricating details and obscuring the truth, they have precipitated losses to both public and private assets. Their actions are tantamount to fraud, classified as “illegal appropriation of public and private resources,” and are likely to be met with legal repercussions. It is probable that the court will recognize their collusion, leading to a verdict of joint criminal activity, which could result in fines and custodial sentences.

 

Legal Basis

Criminal Law

Article 25

A  joint crime is an intentional crime committed by two or more persons jointly.

A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; those who should bear criminal responsibility shall be individually punished according to the crimes they have committed.

Article 266

Those defrauding relatively large amounts of public or private money and property are to be sentenced to three years or fewer in prison or put under criminal detention or surveillance, in addition to fines; or are to be fined. Those defrauding large amounts of money and property or having involvement in other serious cases are to be sentenced to three to 10 years in prison, in addition to fines. Those defrauding extraordinarily large amounts of money and property or involving in especially serious cases are to be sentenced to 10 years or more in prison or given life sentences, in addition to fines or confiscation of property. If cases are governed by other stipulations of this law, those stipulations shall apply.

 

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