医疗保险先行支付制度是《社会保险法》的亮点,对其法律性质及法理基础的分析,可以明确该制度的产生是社会法发展的必然趋势。但就我国目前社会情况而言,实施医疗保险先行支付制度存在着制度设计风险、不当得利风险及基金安全风险等问题,前途令人担忧。 The first payment system of medical insurance is the highlight of “Social Insurance Law”. Analysis of its legal nature and jurisprudence makes it clear that the system is an inevitable trend in the development of social law. However, in terms of the current social situation in our country, the implementation of the medical insurance advance payment system poses problems of system design risk, unmanaged profitability and fund security risks. The future is worrying.