PENYELESAIAN SENGKETA KLAIM JAMINAN KESEHATAN PADA KASUS EMERGENCY BAGI PESERTA BADAN PENYELENGGARA JAMINAN SOSIAL DI RUMAH SAKIT BERSALIN TIARA ANGGREK DALAM PERKARA NO. 049/P3K/VII/2015 OLEH BADAN PENYELESAIAN SENGKETA KONSUMEN KOTA PADANG
Every participant of the Social Security Administering Body (BPJS Kesehatan) who seek treatment at the hospital will be borne by the cost of treatment by BPJS Health. Based on the Regulation of the Minister of Health of the Republic of Indonesia Number 28 of 2014 on Guidelines for the Implementation of the National Health Insurance Program, hospitals that do not cooperate with BPJS Kesehatan remain obliged to serve BPJS Health participants in an emergency condition, the cost will be borne by BPJS Health . However, in the case of NO.049 / P3K / VII / 2015 BPJS Health did not want to bear the cost of labor, so sued to BPSK Problems studied are 1) How the consumer dispute settlement process between the plaintiff with Maternity Hospital Tiara Anggrek and BPJS Health Branch Padang by the Agency Consumer Dispute Settlement of Padang City? 2) Is the reason why Padang City Consumer Dispute Resolution Agency has granted the plaintiff's claim? This type of research is sociological juridical that is a research that focuses on field research to obtain primary data through interview. The data obtained were analyzed qualitatively. The result of the research concludes 1) The settlement of consumer dispute is done by arbitration where BPSK of Padang City grant the plaintiff's claim sebahagian 2) The reason BPSK Padang City grant the plaintiff's claim sebahagian is Lussiana condition proven in emergency situation, so it can be handled by Maternity Hospital Tiara Anggrek who do not cooperate With BPJS Health, the plaintiff has a mistake by not moving to a referral hospital after the emergency has been resolved.
Keywords: Settlement, Dispute, Warranty, Health
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