The Problems of Elderly Care Protection by Thai law : A Case Study of Elderly Health Care Service under the National Health Security Act

Abstract

This research aims to study the problems of health care protection and welfare provision for the elderly under local government organizations in order to ensure clearer measures for protecting the elderly’s rights concerning the welfare provisions and protections at the local level.

According to the study of the National Health Security Act, B.E. 2545 (2002) and related laws, it found 4 problems in the protection of elderly care. Firstly, the care management of elderly in Thai society had limitations and was inconsistent with the actual elderly care protection. Secondly, the National Health Security Office and the management of the health security fund at the local or area level did not respond to the needs of the elderly. Thirdly, the local administrative organizations and the management of the elderly care center, other service units or and long-term care system for elderly dependency reflected the inequality access to public services among the elderly in each area. Finally, all related sectors failed to secure the integration and participation in managing and caring for the elderly health.

Consequently, Thailand laws on health care protection of the elderly in communities should be amended to ensure the appropriate measures for changing situation and society in order to fully support the aging society in the near future.

A comparative legal analysis of the National Health Insurance Act B.E. 2545 (2002) and related laws reveals four major problems within Thailand’s state-sanctioned elderly care system: Firstly, provision of Thai elderly health care are limited and inconsistent with the reality of elderly care and protection; secondly, the role and operation of the National Health Insurance Administration and the management of local Health Insurance Funds have not truly meet the public’s needs; thirdly, local governments’ shortcomings in the management of elderly care centers or other service units and their improper provisions of long-term care for the elderly in dependency stage reflect Thai elders’ inequal access to public services; and finally, the lack of understandings and clear guidelines among relevent actors leads to uncooperated, disintegrated, and thus ineffective management and provision of Thai geriatric health care. These issues not only undermine the very fundamental rights of Thai elders as guaranteed by the state, but also compromise their health and well-being during the final stages of their lives.

Therefore, it can be seen that Thailand should improve. Amend the law on the protection of the health care of the elderly in the community to suit changing social events and conditions to accommodate the full entry into the geriatric society in the near term.