มาตรการทางกฎหมายในการบริหารจัดการแรงงานข้ามชาติและผู้ติดตาม ของรัฐไทยต่อประเด็นปัญหาความคุ้มครองทางสุขภาพ

บทคัดย่อ

The research aims 1) to study legal measures of Thai government in handling with constraints to health protection for migrant workers and their dependents 2) to analyze the constraints cause and also find solutions to sustainable health protection for migrant workers and their dependents without creating additional fiscal burden in health insurance systems concurrently. The findings have shown that constraints to health protection for migrant workers and their dependents incurred as the legal measures on screening immigrants are instable and multi-standard. In addition, legal measures imposed on migrant workers and their dependents in order to enforce them to be health insurers, namely Social Security Act, B.E. 2533 and Notification of the Ministry of Public Health dated 14 March B.E. 2548 Re: Health check-up and health insurance for foreign workers contain legal loopholes in both content and enforcement. As a result, a large number of migrants and dependents remains excluded from the health insurance system. The conclusion and the recommendation are; Thai government has to commit the sole authority which could stabilize and also standardize criteria for screening and legalization migrant workers and their dependents. Besides, compulsory purchase scheme of health insurance card must be conducted and enforced by imposing it as a required condition of granting as well as renewal of work and stay permit. In consequence, migrant workers and dependents will gain the same health protection equally and effectively. Meanwhile, the overall fiscal stability of Health insurance systems stays relatively unaffected.