Thailand Covid Vaccine NFCS
Introduction
Thailand has a national Covid Vaccine NFCS and is a member of the UNICEF NFCS.
Thailand had existing national legislation providing a legal basis for establishing funding to compensate individuals for damages deriving from treatments provided by Thai health service units: see National Health Security Act B.E. 2545 (A.D. 2002), section 41. On 5 April 2021, the ‘Announcement of the National Health Security Office on Criteria, Procedures and Conditions for Preliminary Assistance Payment in the event that the service recipient has been damaged by receiving a vaccine against Coronavirus Disease 2019 or COVID-19 (Coronavirus Disease 2019 (COVID-19))’ came into force, establishing a NFCS for Covid-19 vaccine injuries.
The scheme is administered by the National Health Security Office (NHSO). A request for compensation can be filed with a health service unit, Provincial Public Health Office, or National Health Security Office (NHSO) regional office (Announcement of the National Health Security Office 2021, Article 6).
The decision on compensation is made by a sub-committee composed of no more than five members, which should include physicians specializing in infectious diseases or other related fields, and with the Director of the National Health Security Office regional office acting as chairman of the sub-committee (ANHSO 2021, Article 7).
The funding for the NFCS comes from the National Health Security Fund, which receives funding from the annual government budget and other sources (see National Health Security Act B.E. 2545 (A.D. 2002), section 39).
Vaccines Covered
This NFCS covers vaccines administered by the state (according to plans, projects or preventive activities to eliminate the Coronavirus Disease 2019) to ‘service recipients’ who are Thai citizens (ANHSO, Article 3). The NFCS does not cover vaccines administered by private service providers (ANHSO, Article 4).
Injuries Covered
This NFCS covers all injuries arising from receiving vaccination against COVID-19.
There is no specified disablement threshold in the statute.
Charges for making a claim
It is not specified whether there is a charge for making a claim under this scheme.
Claimants
Under this scheme the following categories of individuals are permitted to make a claim:
- Service recipients who have suffered damage arising from receiving vaccination against COVID-19.
- Legal heirs of service recipients who have suffered damage arising from receiving vaccination against COVID-19.
- ‘Sponsors’ (a ‘sponsor’ is defined as ‘a person who provides assistance or care for a service recipient before receiving vaccination’, see ANHSO, Article 3) or a service unit.
These categories have the right to submit a request for initial assistance at the service unit or the Provincial Public Health Office or the National Health Security Office regional office (ANHSO, Article 6).
It is not specified whether under this scheme the claimant is allowed to nominate a legal representative to make their claim.
According to recent media reports, eligibility criteria for the NFCS have been reviewed by the NHSO in July 2022, so that the scheme should now only cover gold-card universal healthcare members (see https://www.bangkokpost.com/thailand/general/2389325/nhso-halts-jab-compensation).
Losses covered
This scheme pays the following:
|
Live vaccine recipient |
Dependents of vaccine recipient |
Legal heirs of a deceased vaccine recipient |
|
Compensation payments are for general categories and are not broken down into economic and non-economic losses. |
No Compensation is specifically provided to the dependents of the vaccine recipient. |
Compensation payments are for general categories and are not broken down into economic and non-economic losses. |
Payments consist of a lump sum payment.
Funeral expenses are not specifically covered under this Scheme.
Compensation under this scheme calculated on an individual basis using tariffs/guidelines to assist with quantification. Compensation is structured as follows:
- In case of death or permanent disability; or a chronic illness that requires lifelong treatment and has a severe impact on living: compensation not exceeding 400,000 baht;
- In case of disabilities affecting a claimant’s livelihood or claimants who have lost a limb: compensation not exceeding 240,000 baht;
- In case of an injury or continuation of illness due to COVID vaccination: compensation not exceeding 100,000 baht.
The maximum quantum that can be awarded is 400,000 baht (which amounts to about 9500 GDP).
Time limits for claims
The scheme does not set a time limit between vaccination and the adverse event occurring.
A claim must be filed within 2 years from the occurrence of vaccine-related adverse event (ANHSO, Article 6).
Evaluating claims – standard of proof required
The specific standard of proof required by this NFCS is not specified in the legislation. The decision on compensation is made by an expert sub-committee which should include physicians specialising in infectious diseases or other related fields (ANHSO, Article 7).
Appeals and the right to litigate
It is not known whether or not this NFCS replaces litigation in court.
It is possible to appeal a decision of the sub-committee to the Secretary-General of the NHSO within thirty days of notification of the decision o on the compensation claim (ANHSO 2021, Article 8).
Useful information and links
It is not known whether the scheme produces an annual report including data on claims & financial performance (claim numbers, payments, claim processing timeframes, administrative costs, etc).
However, some data on numbers of claims filed, numbers of successful/unsuccessful claims and payments awarded has been made available on the NHSO website (see https://www.nhso.go.th/news/3444 [in Thai]).
Links to legislation:
National Health Security Act B.E. 2545 (A.D. 2002) [English translation]:
https://eng.nhso.go.th/view/1/National_Health_Security_Act_B.E.2545/EN-US
Announcement of the National Health Security Office - Subject: Criteria, Methods and Conditions for Preliminary Assistance Payment In the event that the service recipient is damaged from receiving the vaccination against the Coronavirus Disease 2019 or COVID-19 (Coronavirus Disease 2019 (COVID-19)) [in Thai]:
https://dl.parliament.go.th/handle/20.500.13072/578694
Media reports:
https://www.bangkokpost.com/thailand/general/2292514/b1-7bn-for-adverse-jab-effects
https://www.nationthailand.com/in-focus/40014336
https://www.bangkokpost.com/thailand/general/2389325/nhso-halts-jab-compensation
https://www.nhso.go.th/news/3422 - Deputy Secretary-General of the National Health Security Office on the Thai NFCS providing ‘preliminary assistance’ to claimants and why sub-committee determinations should not be considered as proof that Covid-19 vaccinations have caused specific adverse reactions.
Other resources:
Link to preliminary assistance application and appeal forms on the NHSO website: https://www.nhso.go.th/downloads/175 [in Thai]