How to calculate the hospital meal allowance and nutrition fee?

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that the hospital meal allowance may be determined with reference to the standard of business trip meal allowance for ordinary staff of local state organs. If it is really necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated. Article 1 stipulates that the nutrition fee shall be determined according to the disability of the victim with reference to the opinion of the medical institution.

Hospitalization meal allowance.

Calculation formula: inpatient meal subsidy = standard of food subsidy for general staff of local state organs on business trips (yuan days) x number of days of hospitalization.

The hospital meal allowance refers to the expenses incurred by the victim for necessary food consumption during the hospitalization** period.

If it is really necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the accommodation and food expenses actually incurred by the victim and his caregivers also fall under the category of hospital meal subsidies.

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The hospital meal subsidy and nutrition fee are calculated at 10-15 yuan, and the hospital meal standard is 10 to 15 yuan, and the daily nutrition fee is equivalent to the food fee, but the doctor's order needs to indicate "strengthen nutrition", and if the injury is serious, it will also be considered as appropriate. Hospitalization meal allowance refers to the reasonable excess expenses incurred by the victim after the victim suffers personal injury, such as the food expenses incurred during the hospital** period exceed the usual food expenses at home. According to Article 30 of the Regulations on Work-related Injury Insurance of China, employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the administrative department of social insurance in conjunction with the administrative department of health, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Hello, the hospital meal subsidy is generally 100 yuan per person a day, and the nutrition fee is determined with reference to the opinions of medical institutions.

After March 1, 2018, the Hefei Intermediate People's Court issued a notice to increase the inpatient meal subsidy and nutrition fee to 50 yuan per day.

Yes, the hospital meal allowance and the nutrition fee are two separate compensation items. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Legal basisArticle 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

The person obligated to compensate the victim for personal injury, all expenses incurred for medical treatment, and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses. Where the victim is disabled due to injury, the person obligated to compensate for the necessary expenses incurred by the victim for increasing the need for living well and the loss of income due to the loss of ability to work, including disability compensation, disability assistive devices, and living expenses of the dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.