The completed with the decree of the Constitutional Court K 58/07 the formal differentiation of agricultural producers according to the criterion of income, requires extensive legislative interference, which will sort the legal status of farmers engaged in commodity agricultural activities in the sphere of general business transactions and, consequently, it will determine the rules for charging and collecting the health premium. The subject of the discussion in the article is to identify the most important legislative changes that must be taken to execute the decree of the Constitutional Court.