On January 6, the Supreme People's Court publicly issued the “Supreme People's Court's Approval Concerning the Application Requirements for Advance Payment of Basic Medical Insurance Funds”, which will take effect from February 1, 2026. The approval clarifies that according to section 30 of the “Social Insurance Law of the People's Republic of China” and the provisions of sections 2 and 3 of the “Interim Measures on Advance Payment of Social Insurance Funds”, individuals participating in basic medical insurance are injured or sick due to infringement by a third party, and the portion of medical expenses that should be borne by the third party according to law. If the third party does not pay or is unable to identify the third person, the basic medical insurance fund shall pay first. When an insured person applies in writing to the social insurance management agency of the place of enrolment for advance payment, they shall inform them of the cause of the injury or illness and the circumstances in which the third party does not pay medical expenses or is unable to identify the third party. After reviewing according to law, the social insurance management agency shall pay the corresponding portion of medical expenses in advance in accordance with the regulations for coordinating regional basic medical insurance fund payments. The approval also made it clear that the right of the insured person to apply for advance payment from the basic medical insurance fund is not affected by whether the medical expenses have been paid by themselves at the time of settlement of medical expenses; the social insurance management agency only does not make advance payments on the grounds that the insured person has already paid the medical expenses themselves at the time of settlement of medical expenses, and the insured person sues to order the social insurance management agency to pay in advance, and the people's court supports it in accordance with law. Social insurance management agencies may recover medical expenses paid in advance according to law in accordance with the provisions of Articles 11 and 12 of the “Interim Measures on Advance Payment by Social Insurance Funds”.

On January 6, the Supreme People's Court publicly issued the “Supreme People's Court's Approval Concerning the Application Requirements for Advance Payment of Basic Medical Insurance Funds”, which will take effect from February 1, 2026. The approval clarifies that according to section 30 of the “Social Insurance Law of the People's Republic of China” and the provisions of sections 2 and 3 of the “Interim Measures on Advance Payment of Social Insurance Funds”, individuals participating in basic medical insurance are injured or sick due to infringement by a third party, and the portion of medical expenses that should be borne by the third party according to law. If the third party does not pay or is unable to identify the third person, the basic medical insurance fund shall pay first. When an insured person applies in writing to the social insurance management agency of the place of enrolment for advance payment, they shall inform them of the cause of the injury or illness and the circumstances in which the third party does not pay medical expenses or is unable to identify the third party. After reviewing according to law, the social insurance management agency shall pay the corresponding portion of medical expenses in advance in accordance with the regulations for coordinating regional basic medical insurance fund payments. The approval also made it clear that the right of the insured person to apply for advance payment from the basic medical insurance fund is not affected by whether the medical expenses have been paid by themselves at the time of settlement of medical expenses; the social insurance management agency only does not make advance payments on the grounds that the insured person has already paid the medical expenses themselves at the time of settlement of medical expenses, and the insured person sues to order the social insurance management agency to pay in advance, and the people's court supports it in accordance with law. Social insurance management agencies may recover medical expenses paid in advance according to law in accordance with the provisions of Articles 11 and 12 of the “Interim Measures on Advance Payment by Social Insurance Funds”.