Rules for the provision of medical services in the medical organization Center for Aesthetic Medicine Chistye Prudy LLC. Rules for the provision of paid medical services
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In accordance with Part 7 of Article 84 of the Federal Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation" and Article 39 1 of the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation decides:
1. Approve the attached Rules for the provision of paid medical services by medical organizations.
2. Recognize invalid the Decree of the Government of the Russian Federation of January 13, 1996 N 27 "On approval of the Rules for the provision of paid medical services to the population by medical institutions" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1996, N 3, Art. 194).
Chairman of the Government of the Russian Federation
D. Medvedev
Rules for the provision of paid medical services by medical organizations
I. General provisions
1. These Rules determine the procedure and conditions for the provision of paid medical services by medical organizations to citizens.
2. For the purposes of these Rules, the following basic concepts are used:
"paid medical services" - medical services provided on a reimbursable basis at the expense of personal funds of citizens, funds of legal entities and other funds on the basis of contracts, including voluntary medical insurance contracts (hereinafter - the contract);
"consumer" - an individual who intends to receive or receives paid medical services personally in accordance with the contract. A consumer receiving paid medical services is a patient covered by the Federal Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation";
"customer" - an individual (legal) person who intends to order (purchase) or order (purchase) paid medical services in accordance with the contract in favor of the consumer;
"executor" - a medical organization providing paid medical services to consumers.
The concept of "medical organization" is used in these Rules in the meaning defined in the Federal Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation".
3. Paid medical services are provided by medical organizations on the basis of the list of works (services) constituting medical activities and specified in the license for medical activities issued in the prescribed manner.
4. Requirements for paid medical services, including their scope and timing of provision, are determined by agreement of the parties to the contract, unless federal laws, other regulatory legal acts of the Russian Federation provide for other requirements.
5. These Rules are brought to the attention of the consumer (customer) by the contractor in a clear and accessible form.
II. Conditions for the provision of paid medical services
6. When concluding a contract, the consumer (customer) is provided in an accessible form with information on the possibility of obtaining the appropriate types and volumes of medical care without charging a fee within the framework of the program of state guarantees of free provision of medical care to citizens and the territorial program of state guarantees of free provision of medical care to citizens (hereinafter - respectively program, territorial program).
The consumer's refusal to conclude a contract cannot be the reason for reducing the types and volumes of medical care provided to such a consumer without charging a fee within the framework of the program and the territorial program.
7. Medical organizations participating in the implementation of the program and the territorial program have the right to provide paid medical services:
a) on other terms than provided by the program, territorial programs and (or) target programs, at the request of the consumer (customer), including, but not limited to:
establishment of an individual post of medical observation during treatment in a hospital;
the use of drugs that are not included in the list of vital and essential drugs, if their appointment and use is not due to vital indications or replacement due to individual intolerance to drugs included in the specified list, as well as the use of medical devices, medical nutrition, including the number of specialized health food products that are not provided for by the standards of medical care;
b) when providing medical services anonymously, with the exception of cases provided for by the legislation of the Russian Federation;
c) citizens of foreign states, stateless persons, with the exception of persons insured under compulsory health insurance, and citizens of the Russian Federation who do not permanently reside on its territory and are not insured under compulsory health insurance, unless otherwise provided by international treaties of the Russian Federation;
d) when applying for medical services independently, with the exception of cases and the procedure provided for in Article 21 of the Federal Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation", and cases of emergency, including emergency specialized, medical care and medical care provided by in an urgent or emergency manner.
8. The procedure for determining prices (tariffs) for medical services provided by medical organizations that are budgetary and state-owned state (municipal) institutions is established by the bodies exercising the functions and powers of the founders.
Medical organizations of other organizational and legal forms determine prices (tariffs) for paid medical services provided on their own.
9. When providing paid medical services, the procedures for the provision of medical care approved by the Ministry of Health of the Russian Federation must be observed.
10. Paid medical services may be provided in full of the standard of medical care approved by the Ministry of Health of the Russian Federation, or at the request of the consumer in the form of individual consultations or medical interventions, including in an amount exceeding the scope of the performed standard of medical care.
III. Information about the contractor and the medical services provided by him
11. The Contractor is obliged to provide, by posting on the website of the medical organization in the information and telecommunication network "Internet", as well as on the information stands (racks) of the medical organization, information containing the following information:
a) for a legal entity - the name and company name (if any);
for an individual entrepreneur - last name, first name and patronymic (if any);
b) the address of the location of the legal entity, the data of the document confirming the fact of entering information about the legal entity in the Unified State Register of Legal Entities, indicating the body that carried out the state registration;
the address of the place of residence and the address of the place of medical activity of the individual entrepreneur, the data of the document confirming the fact of entering information about the individual entrepreneur in the Unified State Register of Individual Entrepreneurs, indicating the body that carried out the state registration;
c) information about the license to carry out medical activities (number and date of registration, list of works (services) that make up the medical activities of a medical organization in accordance with the license, name, location address and telephone number of the licensing authority that issued it);
d) a list of paid medical services indicating prices in rubles, information on the conditions, procedure, form of providing medical services and the procedure for their payment;
e) the procedure and conditions for the provision of medical care in accordance with the program and the territorial program;
f) information on medical workers involved in the provision of paid medical services, on the level of their professional education and qualifications;
g) the mode of operation of a medical organization, the work schedule of medical workers involved in the provision of paid medical services;
h) addresses and phone numbers of the executive authority of the constituent entity of the Russian Federation in the field of protecting the health of citizens, the territorial authority of the Federal Service for Supervision in the Sphere of Health Care and the territorial authority of the Federal Service for Supervision in the Field of Consumer Rights Protection and Human Welfare.
12. Information posted on information stands (racks) should be available to an unlimited number of people during the entire working time of a medical organization providing paid medical services. Information stands (racks) are located in a place accessible to visitors and are designed in such a way that you can freely get acquainted with the information posted on them.
13. The contractor provides for review at the request of the consumer and (or) the customer:
a) a copy of the constituent document of a medical organization - a legal entity, the regulation on its branch (department, other territorially separate structural unit) involved in the provision of paid medical services, or a copy of the certificate of state registration of an individual as an individual entrepreneur;
b) a copy of the license to carry out medical activities with a list of works (services) that make up the medical activities of a medical organization in accordance with the license.
14. When concluding a contract, at the request of the consumer and (or) the customer, they must be provided in an accessible form with information on paid medical services containing the following information:
a) the procedures for the provision of medical care and the standards of medical care used in the provision of paid medical services;
b) information about a specific medical worker providing the relevant paid medical service (his professional education and qualifications);
c) information about the methods of providing medical care, the risks associated with them, possible types of medical intervention, their consequences and the expected results of the provision of medical care;
d) other information related to the subject of the contract.
15. Prior to the conclusion of the contract, the contractor shall notify the consumer (customer) in writing that failure to comply with the instructions (recommendations) of the contractor (medical worker providing paid medical services), including the prescribed treatment regimen, may reduce the quality of the provided paid medical service, entail the impossibility of its completion on time or adversely affect the health of the consumer.
IV. The procedure for concluding a contract and paying for medical services
16. The contract is concluded by the consumer (customer) and the contractor in writing.
17. The contract must contain:
a) information about the performer:
name and company name (if any) of a medical organization - a legal entity, location address, data of a document confirming the fact of entering information about a legal entity in the Unified State Register of Legal Entities, indicating the body that carried out the state registration;
surname, name and patronymic (if any) of an individual entrepreneur, address of residence and address of the place of medical activity, data of a document confirming the fact of entering information about an individual entrepreneur in the Unified State Register of Individual Entrepreneurs, indicating the body that carried out the state registration;
the number of the license to carry out medical activities, the date of its registration, indicating the list of works (services) that make up the medical activities of the medical organization in accordance with the license, the name, address of the location and telephone number of the licensing authority that issued it;
b) last name, first name and patronymic (if any), residential address and telephone number of the consumer (legal representative of the consumer);
surname, name and patronymic (if any), address of the place of residence and telephone number of the customer - an individual;
the name and address of the location of the customer - legal entity;
c) a list of paid medical services provided in accordance with the contract;
d) the cost of paid medical services, the terms and procedure for their payment;
e) conditions and terms for the provision of paid medical services;
f) position, surname, name, patronymic (if any) of the person concluding the contract on behalf of the contractor, and his signature, surname, name, patronymic (if any) of the consumer (customer) and his signature. If the customer is a legal entity, the position of the person concluding the contract on behalf of the customer is indicated;
g) the responsibility of the parties for failure to comply with the terms of the contract;
h) the procedure for changing and terminating the contract;
i) other conditions determined by agreement of the parties.
18. The contract is drawn up in 3 copies, one of which is with the contractor, the second - with the customer, the third - with the consumer. If the contract is concluded by the consumer and the contractor, it is drawn up in 2 copies.
19. An estimate may be drawn up for the provision of paid medical services. Its preparation at the request of the consumer (customer) or contractor is mandatory, while it is an integral part of the contract.
20. If the provision of paid medical services requires the provision of additional medical services on a reimbursable basis that are not provided for by the contract, the contractor is obliged to notify the consumer (customer) about this.
Without the consent of the consumer (customer), the contractor is not entitled to provide additional medical services on a reimbursable basis.
21. If the provision of paid medical services requires the provision of additional medical services for emergency reasons to eliminate the threat to the life of the consumer in case of sudden acute diseases, conditions, exacerbations of chronic diseases, such medical services are provided free of charge in accordance with the Federal Law "On the Fundamentals of Protection health of citizens in the Russian Federation".
22. If the consumer refuses to receive medical services after the conclusion of the contract, the contract is terminated. The contractor informs the consumer (customer) about the termination of the contract at the initiative of the consumer, while the consumer (customer) pays the contractor the costs actually incurred by the contractor related to the performance of obligations under the contract.
23. The consumer (customer) is obliged to pay for the medical service provided by the contractor on time and in the manner specified by the contract.
24. In accordance with the legislation of the Russian Federation, the consumer (customer) is issued a document confirming the payment for the provided medical services (cash receipt, receipt or other form of strict accountability (standard document)).
25. After the execution of the contract, the Contractor shall issue to the consumer (legal representative of the consumer) medical documents (copies of medical documents, extracts from medical documents) reflecting the state of his health after receiving paid medical services.
26. The conclusion of a voluntary medical insurance contract and payment for medical services provided in accordance with the said contract shall be carried out in accordance with the Civil Code of the Russian Federation and the Law of the Russian Federation "On the organization of insurance business in the Russian Federation".
V. Procedure for the provision of paid medical services
27. The contractor provides paid medical services, the quality of which must comply with the terms of the contract, and in the absence of conditions on their quality in the contract, the requirements for services of the corresponding type.
If the federal law, other regulatory legal acts of the Russian Federation provide for mandatory requirements for the quality of medical services, the quality of paid medical services provided must comply with these requirements.
28. Paid medical services are provided subject to the informed voluntary consent of the consumer (legal representative of the consumer), given in the manner prescribed by the legislation of the Russian Federation on the protection of the health of citizens.
29. The contractor provides the consumer (legal representative of the consumer) at his request and in a form accessible to him information:
about the state of his health, including information about the results of the examination, diagnosis, methods of treatment, the risks associated with them, possible options and consequences of medical intervention, expected results of treatment;
on medicines and medical devices used in the provision of paid medical services, including their expiration dates (warranty periods), indications (contraindications) for use.
30. When providing paid medical services, the Contractor is obliged to comply with the requirements established by the legislation of the Russian Federation for the preparation and maintenance of medical records and accounting and reporting statistical forms, the procedure and deadlines for their submission.
VI. Responsibility of the contractor and control over the provision of paid medical services
31. For non-fulfillment or improper fulfillment of obligations under the contract, the performer shall be liable under the legislation of the Russian Federation.
32. Harm caused to the life or health of the patient as a result of the provision of low-quality paid medical services is subject to compensation by the contractor in accordance with the legislation of the Russian Federation.
33. Control over compliance with these Rules is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare within the established powers.
Rules for the provision of paid medical services by medical organizations
I. General provisions
1. These Rules determine the procedure and conditions for the provision of paid medical services by medical organizations to citizens.
2. For the purposes of these Rules, the following basic concepts are used:
"paid medical services" - medical services provided on a reimbursable basis at the expense of personal funds of citizens, funds of legal entities and other funds on the basis of contracts, including voluntary medical insurance contracts (hereinafter referred to as the contract);
"consumer" - an individual who intends to receive or receives paid medical services personally in accordance with the contract. A consumer receiving paid medical services is a patient covered by the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”;
"customer" - an individual (legal) person who intends to order (purchase) or order (purchase) paid medical services in accordance with the contract in favor of the consumer;
"executor" - a medical organization that provides paid medical services to consumers.
The term “medical organization” is used in these Rules in the meaning defined in the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”.
3. Paid medical services are provided by medical organizations on the basis of the list of works (services) constituting medical activities and specified in the license for medical activities issued in the prescribed manner.
4. Requirements for paid medical services, including their scope and timing of provision, are determined by agreement of the parties to the contract, unless federal laws, other regulatory legal acts of the Russian Federation provide for other requirements.
5. These Rules are brought to the attention of the consumer (customer) by the contractor in a clear and accessible form.
II. Conditions for the provision of paid medical services
6. At the conclusion of the contract, the consumer (customer) is provided in an accessible form with information on the possibility of obtaining the appropriate types and volumes of medical care without charging a fee under the program of state guarantees of free provision of medical care to citizens and the territorial program of state guarantees of free provision of medical care to citizens (hereinafter - respectively program, territorial program).
The consumer's refusal to conclude a contract cannot be the reason for reducing the types and volumes of medical care provided to such a consumer without charging a fee within the framework of the program and the territorial program.
7. Medical organizations participating in the implementation of the program and the territorial program have the right to provide paid medical services:
a) on other terms than provided by the program, territorial programs and (or) target programs, at the request of the consumer (customer), including, but not limited to:
establishment of an individual post of medical observation during treatment in a hospital;
the use of drugs that are not included in the list of vital and essential drugs, if their appointment and use is not due to vital indications or replacement due to individual intolerance to drugs included in the specified list, as well as the use of medical devices, medical nutrition, including the number of specialized health food products that are not provided for by the standards of medical care;
b) when providing medical services anonymously, with the exception of cases provided for by the legislation of the Russian Federation;
c) citizens of foreign states, stateless persons, with the exception of persons insured under compulsory health insurance, and citizens of the Russian Federation who do not permanently reside on its territory and are not insured under compulsory health insurance, unless otherwise provided by international treaties of the Russian Federation;
d) when applying for medical services on their own, with the exception of cases and the procedure provided for in Article 21 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”, and cases of emergency, including emergency specialized, medical care and medical care provided by in an urgent or emergency manner.
8. The procedure for determining prices (tariffs) for medical services provided by medical organizations that are budgetary and state-owned state (municipal) institutions is established by the bodies exercising the functions and powers of the founders.
Medical organizations of other organizational and legal forms determine prices (tariffs) for paid medical services provided on their own.
9. When providing paid medical services, the procedures for the provision of medical care approved by the Ministry of Health of the Russian Federation must be observed.
10. Paid medical services may be provided in full of the standard of medical care approved by the Ministry of Health of the Russian Federation, or at the request of the consumer in the form of individual consultations or medical interventions, including in an amount exceeding the scope of the performed standard of medical care.
III. Information about the contractor and the medical services provided by him
11. The Contractor is obliged to provide, by posting on the website of the medical organization in the information and telecommunication network "Internet", as well as on the information stands (racks) of the medical organization, information containing the following information:
a) for a legal entity - the name and company name (if any);
for an individual entrepreneur - last name, first name and patronymic (if any);
b) the address of the location of the legal entity, the data of the document confirming the fact of entering information about the legal entity in the Unified State Register of Legal Entities, indicating the body that carried out the state registration;
the address of the place of residence and the address of the place of medical activity of the individual entrepreneur, the data of the document confirming the fact of entering information about the individual entrepreneur in the Unified State Register of Individual Entrepreneurs, indicating the body that carried out the state registration;
c) information about the license to carry out medical activities (number and date of registration, list of works (services) that make up the medical activities of a medical organization in accordance with the license, name, location address and telephone number of the licensing authority that issued it);
d) a list of paid medical services indicating prices in rubles, information on the conditions, procedure, form of providing medical services and the procedure for their payment;
e) the procedure and conditions for the provision of medical care in accordance with the program and the territorial program;
f) information on medical workers involved in the provision of paid medical services, on the level of their professional education and qualifications;
g) the mode of operation of a medical organization, the work schedule of medical workers involved in the provision of paid medical services;
h) addresses and phone numbers of the executive authority of the constituent entity of the Russian Federation in the field of protecting the health of citizens, the territorial authority of the Federal Service for Supervision in the Sphere of Health Care and the territorial authority of the Federal Service for Supervision in the Field of Consumer Rights Protection and Human Welfare.
12. Information posted on information stands (racks) should be available to an unlimited number of people during the entire working time of a medical organization providing paid medical services. Information stands (racks) are located in a place accessible to visitors and are designed in such a way that you can freely get acquainted with the information posted on them.
13. The contractor provides for review at the request of the consumer and (or) the customer:
a) a copy of the constituent document of a medical organization - a legal entity, the regulation on its branch (department, other territorially separate structural unit) involved in the provision of paid medical services, or a copy of the certificate of state registration of an individual as an individual entrepreneur;
b) a copy of the license to carry out medical activities with a list of works (services) that make up the medical activities of a medical organization in accordance with the license.
14. When concluding a contract, at the request of the consumer and (or) the customer, they must be provided in an accessible form with information on paid medical services containing the following information:
a) the procedures for the provision of medical care and the standards of medical care used in the provision of paid medical services;
b) information about a specific medical worker providing the relevant paid medical service (his professional education and qualifications);
c) information about the methods of providing medical care, the risks associated with them, possible types of medical intervention, their consequences and the expected results of the provision of medical care;
d) other information related to the subject of the contract.
15. Prior to the conclusion of the contract, the contractor shall notify the consumer (customer) in writing that failure to comply with the instructions (recommendations) of the contractor (medical worker providing paid medical services), including the prescribed treatment regimen, may reduce the quality of the provided paid medical service, entail the impossibility of its completion on time or adversely affect the health of the consumer.
IV. The procedure for concluding a contract and paying for medical services
16. The contract is concluded by the consumer (customer) and the contractor in writing.
17. The contract must contain:
a) information about the performer:
name and trade name (if any) of a medical organization - a legal entity, location address, data of a document confirming the fact of entering information about a legal entity in the Unified State Register of Legal Entities, indicating the body that carried out the state registration;
surname, name and patronymic (if any) of an individual entrepreneur, address of residence and address of the place of medical activity, data of a document confirming the fact of entering information about an individual entrepreneur in the Unified State Register of Individual Entrepreneurs, indicating the body that carried out the state registration;
the number of the license to carry out medical activities, the date of its registration, indicating the list of works (services) that make up the medical activities of the medical organization in accordance with the license, the name, address of the location and telephone number of the licensing authority that issued it;
b) last name, first name and patronymic (if any), residential address and telephone number of the consumer (legal representative of the consumer);
surname, name and patronymic (if any), address of residence and telephone number of the customer - an individual;
name and address of the location of the customer - legal entity;
c) a list of paid medical services provided in accordance with the contract;
d) the cost of paid medical services, the terms and procedure for their payment;
e) conditions and terms for the provision of paid medical services;
f) position, surname, name, patronymic (if any) of the person concluding the contract on behalf of the contractor, and his signature, surname, name, patronymic (if any) of the consumer (customer) and his signature. If the customer is a legal entity, the position of the person concluding the contract on behalf of the customer is indicated;
g) the responsibility of the parties for failure to comply with the terms of the contract;
h) the procedure for changing and terminating the contract;
i) other conditions determined by agreement of the parties.
18. The contract is drawn up in 3 copies, one of which is with the contractor, the second - with the customer, the third - with the consumer. If the contract is concluded by the consumer and the contractor, it is drawn up in 2 copies.
19. An estimate may be drawn up for the provision of paid medical services. Its preparation at the request of the consumer (customer) or contractor is mandatory, while it is an integral part of the contract.
20. If the provision of paid medical services requires the provision of additional medical services on a reimbursable basis that are not provided for by the contract, the contractor is obliged to notify the consumer (customer) about this.
Without the consent of the consumer (customer), the contractor is not entitled to provide additional medical services on a reimbursable basis.
21. If the provision of paid medical services requires the provision of additional medical services for emergency reasons to eliminate the threat to the life of the consumer in case of sudden acute diseases, conditions, exacerbations of chronic diseases, such medical services are provided free of charge in accordance with the Federal Law “On the Fundamentals of Protection health of citizens in the Russian Federation”.
22. If the consumer refuses to receive medical services after the conclusion of the contract, the contract is terminated. The contractor informs the consumer (customer) about the termination of the contract at the initiative of the consumer, while the consumer (customer) pays the contractor the costs actually incurred by the contractor related to the performance of obligations under the contract.
23. The consumer (customer) is obliged to pay for the medical service provided by the contractor on time and in the manner specified by the contract.
24. In accordance with the legislation of the Russian Federation, the consumer (customer) is issued a document confirming the payment for the provided medical services (cash receipt, receipt or other form of strict accountability (standard document)).
25. After the execution of the contract, the Contractor shall issue to the consumer (legal representative of the consumer) medical documents (copies of medical documents, extracts from medical documents) reflecting the state of his health after receiving paid medical services.
26. The conclusion of a voluntary medical insurance contract and payment for medical services provided in accordance with the said contract shall be carried out in accordance with the Civil Code of the Russian Federation and the Law of the Russian Federation “On the organization of insurance business in the Russian Federation”.
V. Procedure for the provision of paid medical services
27. The contractor provides paid medical services, the quality of which must comply with the terms of the contract, and in the absence of conditions on their quality in the contract, the requirements for services of the corresponding type.
If the federal law, other regulatory legal acts of the Russian Federation provide for mandatory requirements for the quality of medical services, the quality of paid medical services provided must comply with these requirements.
28. Paid medical services are provided subject to the informed voluntary consent of the consumer (legal representative of the consumer), given in the manner prescribed by the legislation of the Russian Federation on the protection of the health of citizens.
29. The contractor provides the consumer (legal representative of the consumer) at his request and in a form accessible to him information:
about the state of his health, including information about the results of the examination, diagnosis, methods of treatment, the risks associated with them, possible options and consequences of medical intervention, expected results of treatment;
on medicines and medical devices used in the provision of paid medical services, including their expiration dates (warranty periods), indications (contraindications) for use.
30. When providing paid medical services, the Contractor is obliged to comply with the requirements established by the legislation of the Russian Federation for the preparation and maintenance of medical records and accounting and reporting statistical forms, the procedure and deadlines for their submission.
VI. Responsibility of the contractor and control over the provision of paid medical services
31. For non-fulfillment or improper fulfillment of obligations under the contract, the performer shall be liable under the legislation of the Russian Federation.
32. Harm caused to the life or health of the patient as a result of the provision of low-quality paid medical services is subject to compensation by the contractor in accordance with the legislation of the Russian Federation.
33. Control over compliance with these Rules is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare within the established powers.
1. These Rules determine the procedure and conditions for the provision of paid medical services to the population (in addition to the guaranteed volume of free medical care) by medical institutions, regardless of departmental subordination and form of ownership, including research institutes and state medical educational institutions of higher professional education ( hereinafter referred to as - medical institutions), and are binding on all medical institutions.
2. Paid medical services to the population are provided by medical institutions in the form of preventive, medical diagnostic, rehabilitation, prosthetic and orthopedic and dental care. Paid medical services to the population are provided by medical institutions under contracts with citizens or organizations for the provision of medical services to employees and members of their families.
3. The provision of paid medical services to the population by medical institutions is carried out if they have a certificate and license for the chosen type of activity.
4. State and municipal medical institutions provide paid medical services to the population by special permission of the relevant health management body.
5. Medical institutions are obliged to ensure that the paid medical services provided to the population comply with the requirements for methods of diagnosis, prevention and treatment permitted in the territory of the Russian Federation.
6. Medical institutions are obliged to keep statistical and accounting records of the results of paid medical services provided to the population, draw up the required reporting and submit it in the manner and within the time limits established by laws and other legal acts of the Russian Federation.
7. State and municipal medical institutions providing paid medical services to the population are required to keep statistical and accounting records and reporting separately for their main activities and paid medical services.
8. Control over the organization and quality of the provision of paid medical services to the population, as well as the correct collection of fees from the population, is carried out within their competence by the health authorities and other state bodies and organizations, which, in accordance with the laws and other legal acts of the Russian Federation, are entrusted with the verification of activities medical institutions.
9. Prices for medical services provided to the population for a fee are established in accordance with the legislation of the Russian Federation.
10. Medical institutions are obliged to provide citizens with free, accessible and reliable information, including information about the location of the institution (place of its state registration), working hours, a list of paid medical services indicating their cost, conditions for the provision and receipt of these services, including information on benefits for certain categories of citizens, as well as information on the qualifications and certification of specialists.
11. The provision of paid medical services is formalized by an agreement that regulates the conditions and terms for their receipt, the payment procedure, the rights, obligations and responsibilities of the parties.
12. Payment for medical services is made in banking institutions or in a medical institution.
Settlements with the population for the provision of paid services are carried out by medical institutions using cash registers.
When making settlements with the population without the use of cash registers, medical institutions must use a form that is a document of strict accountability, approved in the prescribed manner.
Medical institutions are obliged to issue a (cash) receipt or a copy of the form confirming the acceptance of cash to the consumer.
13. Consumers using paid medical services have the right to demand the provision of services of adequate quality, information about the availability of a license and certificate, and the calculation of the cost of the service provided.
14. Consumers using paid medical services are obliged to:
pay the cost of the medical service provided;
fulfill the requirements that ensure the quality provision of paid medical services, including the provision of the information necessary for this.
15. In accordance with the legislation of the Russian Federation, medical institutions are liable to the consumer for non-fulfillment or improper fulfillment of the terms of the contract, non-compliance with the requirements for methods of diagnosis, prevention and treatment permitted in the territory of the Russian Federation, as well as in case of harm to the health and life of the consumer .
16. Consumers using paid medical services have the right to make claims for compensation for losses caused by non-fulfillment or improper fulfillment of the terms of the contract, compensation for damage in the event of harm to health and life, as well as compensation for causing moral harm in accordance with the legislation of the Russian Federation and these Rules.
17. In case of non-compliance by the medical institution with obligations on the terms for the performance of services, the consumer has the right, at his choice:
appoint a new term for the provision of services;
demand a reduction in the cost of the service provided;
require the performance of the service by another specialist;
terminate the contract and claim damages.
Violation of the terms established by the contract for the performance of services must be accompanied by the payment of a penalty to the consumer in the manner and amount determined by the Law of the Russian Federation "On the Protection of Consumer Rights" or the contract.
By agreement (agreement) of the parties, the specified penalty can be paid by reducing the cost of the medical service provided, providing the consumer with additional services without payment, returning part of the previously paid advance.
18. Claims and disputes that have arisen between the consumer and the medical institution are resolved by agreement of the parties or in court in accordance with the legislation of the Russian Federation.
19. A medical institution shall be released from liability for non-performance or improper performance of a paid medical service if it proves that the non-performance or improper performance occurred due to force majeure, as well as on other grounds provided by law.
20. For non-compliance with these Rules, a medical institution in the prescribed manner may be deprived of a license or the right to provide paid medical services to the population.
The definition of private medical practice is given in Article 56 of the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens (hereinafter - the Fundamentals). In accordance with this article, private medical practice is defined as the provision of medical services by medical workers outside the institutions of the state and municipal health care systems at the expense of citizens' personal funds or at the expense of enterprises, institutions and organizations, including medical insurance organizations, in accordance with concluded agreements. This practice is carried out in accordance with the legislation on the protection of the health of citizens. Based on the above, the following conclusions can be drawn:
The right to engage in private medical activities is reserved exclusively for medical workers who must have:
a) higher or secondary medical and pharmaceutical education, as well as a special title; b) specialist certificate; c) a license for a selected type of activity included in the list established by the Ministry of Health of the Russian Federation.
Persons engaged in private medical practice and private pharmaceutical activities belong to the private health care system.
Private medical practice and private pharmaceutical activity are a type of entrepreneurial activity.
Thus, the main condition for the legality of these types of activities is obtaining an appropriate license, since these types of activities are classified by law as licensed (Article 17 of the Federal Law "On Licensing Certain Types of Activities"). Licensing, being one of the types of state regulation of the economy, involves the implementation by the state of a control function in relation to entities engaged in entrepreneurial activities, which, due to its specificity (affecting the interests of a large number of consumers of state and public security, health and morality of the population, etc.) requires such control. All of the above, of course, can be attributed to private medical practice and pharmaceutical activities. To obtain a license to carry out medical activities, persons who apply for it must meet certain requirements, namely:
Have appropriate professional training or have employees with such training (if we are talking about legal entities)
Possess the necessary regulatory and methodological support, organizational and technical capabilities and material and technical equipment to perform the relevant types of medical activities.
As already noted, the professional training of persons engaged in private medical practice and pharmaceutical activities must be confirmed by a diploma of higher or secondary medical or pharmaceutical education, as well as a specialist certificate. Obtaining a license to carry out pharmaceutical activities is associated with the need to meet the following requirements for persons applying for one:
The presence of a specialist certificate or the presence of employees with such a certificate in the state (if we are talking about legal entities).
The presence of a technically prepared room for the storage of toxic and potent substances that meets the requirements of fire safety and sanitary regulations, equipped with a burglar alarm.
Both for private medical practice and for pharmaceutical activities, there are general requirements for a specialist certificate. A specialist certificate is issued on the basis of:
postgraduate professional education (postgraduate studies, residency),
additional education (advanced training, specialization),
a screening test, conducted by commissions of professional medical and pharmaceutical associations, on the theory and practice of the chosen specialty, issues of legislation in the field of protecting the health of citizens.
In addition, for the implementation of both private medical practice and pharmaceutical activities, as well as for all licensed activities, the following is also required:
Registration as a legal entity or individual entrepreneur;
Tax registration;
Paying a fee for processing an application.
A specific requirement for private medical practice and pharmaceutical activities associated with the potential danger to humans of such activities is the need to obtain a sanitary and epidemiological conclusion on compliance with sanitary rules (clause 2, article 40 of the Federal Law of March 30, 1999, No. 52-FZ "On Sanitary - epidemiological well-being of the population") License holders (licensees) may be:
Commercial organizations whose constituent documents and documents do not limit their legal capacity in terms of private medical practice and pharmaceutical activities
Non-profit organizations, if they are entitled to carry out entrepreneurial activities in accordance with the constituent documents
Individuals with the status of an individual entrepreneur.
The implementation of medical (pharmaceutical) activities without a license (lack of a license) can be considered in the following cases:
failure to obtain a license in the prescribed manner;
availability of a license for another type of medical (pharmaceutical) activity or for another type of licensed activity;
termination of the license;
suspension of the license (in this case, although the license formally exists, it does not grant the right to carry out the type of activity specified in it);
license cancellation.
A license is considered not received in cases when a person carrying out the type of activity subject to licensing:
a) did not apply to the licensing authority for a license;
b) received a license in an unspecified manner or from a body not authorized to carry out licensing;
c) applied for a license but was denied. Even in the event of an unlawful refusal to issue a license, the license applicant does not have the right to carry out the licensed type of activity until the final decision of this issue in court.
Article 235 of the Criminal Code of the Russian Federation.Illegal private medical practice or private pharmaceutical activity. 1. Engagement in private medical practice or private pharmaceutical activity by a person who does not have a license for the chosen type of activity, if this negligently entailed infliction of harm to human health, -
shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for a term of up to three years.
2. The same act, which negligently caused the death of a person, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.
Article 173 of the Civil Code of the Russian Federation. Invalidity of a transaction of a legal entity that goes beyond its legal capacity. A transaction made by a legal entity in contradiction with the objectives of the activity, specifically limited in its constituent documents, or by a legal entity that does not have a license to engage in the relevant activity, may be declared invalid by the court at the claim of this legal entity, its founder (participant) or a state body, exercising control or supervision over the activities of a legal entity, if it is proved that the other party to the transaction knew or obviously should have known about its illegality.
Article 169 of the Civil Code of the Russian Federation. Invalidity of a transaction made for a purpose contrary to the foundations of law and order and morality. A transaction made with a purpose that is obviously contrary to the foundations of law and order or morality is void. If both parties to such a transaction have intent - in the event that the transaction is executed by both parties - everything received by them under the transaction is recovered to the income of the Russian Federation, and in the event that the transaction is executed by one party on the other side, everything received by it and everything due from it is recovered to the income of the Russian Federation the first party in compensation received. If only one of the parties to such a transaction has intent, everything received by it under the transaction must be returned to the other party, and what the latter received or was due to it in compensation for what was performed shall be recovered to the income of the Russian Federation.
PRACTICAL PART
As an example, I will give a surgeon who has a higher education, as well as a special title and a certificate of a specialist who decided to engage in private medical activities without a license.
There are various options for liability that he may incur:
Administrative law today does not establish administrative responsibility for engaging in private medical practice or private pharmaceutical activity by a person in the absence of a license. Therefore, given the non-criminal nature of this act (the absence of harm to health caused by negligence), it cannot be considered as an administrative offense. The maximum possible legal consequences in this case are fixed in civil law- this is the recognition of transactions concluded by a person engaged in private medical practice or private pharmaceutical activity by a person in the absence of a license, invalid in accordance with Art. 173 of the Civil Code of the Russian Federation. A more stringent civil law consequence of carrying out such activities without a license is the recognition of such transactions as void as those made for the purpose contrary to the foundations of law and order and morality on the basis of Art. 169 of the Civil Code of the Russian Federation. (the texts of the articles are given in the previous part).
Criminal the same liability arises if the doctor in question causes harm to the health of his patients through negligence or, as a result of negligence, the death of his patient occurs (in accordance with Article 235 of the Criminal Code of the Russian Federation).
BIBLIOGRAPHY
Regulations:
This regulation “On the procedure and conditions for the provision of paid medical services” (hereinafter referred to as the Regulation) in the State Autonomous Healthcare Institution “Moscow Scientific and Practical Center for Medical Rehabilitation, Restorative and Sports Medicine of the Moscow City Health Department” (hereinafter referred to as the Center) was developed in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law of the Russian Federation of November 21, 2011 No. 323-FZ “On the Basics of Protecting the Health of Citizens in the Russian Federation”, the Federal Law of the Russian Federation of November 29, 2010 No. 326-FZ “On Compulsory Medical Insurance in the Russian Federation”, Law of the Russian Federation of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights”, Decree of the Government of the Russian Federation of October 4, 2012 N 1006 “On Approval of the Rules for the Provision of Paid Medical Services by Medical Organizations”, Order of the City Health Department Moscow dated October 2, 2013. No. 944 "On approval of the rules for the provision of paid services to citizens and legal entities by state organizations of the health care system of the city of Moscow", Decree of the Moscow Government of December 24, 2013 No. 892-PP "On the Territorial program of state guarantees of free provision of medical care to citizens in the city of Moscow for 2014 and the planning period of 2015 and 2016”, the Budget Code of the Russian Federation, the Tax Code of the Russian Federation, the Charter of the Center, a license to carry out medical activities.
The regulation defines the procedure and conditions for the provision of paid medical services to the population at the Center, as well as the procedure for spending the funds received, including for the remuneration of employees involved in the provision of paid medical services.
The provision of paid medical services by the Center contributes to a more complete satisfaction of the needs of the population in medical and medico-social assistance, as well as attracting additional financial resources for the material and technical development of the Center and material incentives for its employees.
1. Basic concepts
Paid medical services are medical services provided on a reimbursable basis at the expense of personal funds of citizens, funds of legal entities and other funds on the basis of contracts, including voluntary medical insurance contracts.
Consumer - an individual who intends to receive or receives paid medical services personally in accordance with the contract. A consumer receiving paid medical services is a patient covered by the Federal Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation".
Legal representative- a person acting in the interests of a patient - a person who has not reached the age of onset of legal capacity determined by civil legislation, and citizens who are recognized in the manner prescribed by law as incapable, partially incapacitated, etc.
Customer- an individual (legal) person who intends to order (purchase) or order (purchase) paid medical services in accordance with the contract in favor of the consumer.
Medical service is a medical intervention or a complex of medical interventions aimed at the prevention, diagnosis and treatment of diseases that have an independent final value and a certain cost.
Medical assistance is a set of measures (including medical services, organizational and technical measures, sanitary and anti-epidemic measures, drug provision, etc.) aimed at maintaining and restoring health.
Medical services (paid non-medical services) - household, service, transport and other services to patients, provided additionally in the branches of the Center in the process of providing medical care, but not being elements of medical care.
The program of state guarantees for providing the population of the Russian Federation with free medical care (hereinafter referred to as the Program) is a program of medical care for the population provided by a medical institution free of charge for the population and financed from the state budget.
Territorial program of state guarantees for the provision of free medical care to the population of the city of Moscow - a program of state guarantees for the provision of free medical care to the population of the city of Moscow (hereinafter referred to as the Territorial Program), which includes a territorial program of compulsory medical insurance established in accordance with the legislation of the Russian Federation on compulsory medical insurance.
State targeted medical care programs are targeted medical care programs for certain contingents of the population (usually socially significant diseases or those in which expensive methods of treatment are used) in terms of the prevention and treatment of diseases for which special-purpose funding is allocated from budgets of different levels.
Medical insurance policy - a document issued to the insured, certifying the fact of insurance in this insurance organization and determining the scope of medical care in accordance with the contract of compulsory or voluntary medical insurance.
The price (tariff) for a medical service is the amount of money that the consumer (customer) must pay, and the medical organization must provide a certain medical service for this amount.
2. The procedure for the provision of paid medical services
2.1. The basis for the provision of paid medical services is:
2.1.1. lack of appropriate medical services in the Program, the Territorial Program and (or) target programs for medical care; no obligation to pay for this type of medical care (medical service) from the budget and state non-budgetary funds;
2.1.2. provision of medical services on other terms than those stipulated by the Program, Territorial programs and (or) target programs at the request of the consumer (customer), including but not limited to:
- establishment of an individual post of medical observation during treatment in a hospital;
- the use of drugs that are not included in the list of vital and essential drugs, if their appointment and use is not due to vital indications or replacement due to individual intolerance to drugs included in the specified list, as well as the use of medical devices, medical nutrition, in including specialized health food products that are not provided for by the standards of medical care;
2.1.3. provision of paid medical services to citizens of foreign states, stateless persons, with the exception of persons insured under compulsory medical insurance, and citizens of the Russian Federation who do not permanently reside on its territory and are not insured under compulsory medical insurance, unless otherwise provided by international treaties of the Russian Federation ;
2.1.4. independent application for receiving paid medical services, with the exception of cases and the procedure provided for by Article 21 of the Federal Law of November 21, 2011 N 323-FZ “On the Basics of Protecting the Health of Citizens in the Russian Federation”, and cases of providing an ambulance, including a specialized ambulance, medical care and medical care provided in emergency or emergency form.
2.1.5. provision of medical services: an individual medical post, as well as additional services provided in the process of providing medical care, including household and service: individual cooking or ordering dishes at the request of the patient, accommodation in a superior ward and other services provided additionally when providing medical care.
2.2. Paid medical services cannot be provided in the branches of the Center:
2.2.1. in return for services performed within the framework of the state (municipal) assignment, except for the cases when it is fulfilled in full and on the conditions prescribed in paragraphs. 2.1.1. - 2.1.5.;
2.2.2. it is not allowed to provide additional services for a fee without the consent of citizens, as well as to condition the provision of some services on the obligatory performance of others;
2.2.3. when receiving medical care in the branches of the Center within the framework of the Territorial program for the provision of free medical care, the following services are not subject to payment:
- prescription and use of medicinal products for medical reasons (in cases of their replacement due to intolerance, rejection) that are not included in the list of vital and essential drugs;
- accommodation in small wards (boxes) of patients for medical and (or) epidemiological indications;
- medical transport services in the provision of medical care within the framework of the standards of medical care (examination and treatment of a patient in a round-the-clock hospital) in the absence of the possibility of their provision by a medical or other organization providing medical care to the patient.
2.2.4. medical services cannot be provided for a fee in the provision of emergency medical care, which is provided immediately in conditions requiring medical intervention for emergency reasons (in case of accidents, injuries, poisoning and other conditions and diseases).
2.3. The procedure for the provision of paid medical services at the Center is regulated by the Regulations on the procedure and conditions for the provision of paid services at the Center, developed on the basis of the "Rules for the provision of paid services to citizens and legal entities by state organizations of the Moscow healthcare system" and approved by the director of the Center by internal regulatory documents (orders, rules of internal labor regulations, collective agreements, work schedules, etc.), as well as other requirements of the current legislation.
2.4. The date of commencement of the provision of paid medical services, the list of paid medical services provided by the Center's branches, prices (tariffs) for paid medical services, as well as changes in the list of paid medical services and changes in prices (tariffs) are approved by order of the Director of the Center.
2.4.1. The list for paid medical services is compiled with the indication of the codes of the paid services provided in accordance with the approved nomenclature of medical services and is approved by the order of the Director.
2.4.2. In case of termination of the provision of paid services, the Center sends relevant information to the Moscow City Health Department within 3 days in order to make changes to the register of state organizations providing paid services on the official website of the Moscow City Health Department.
2.5. The provision of paid medical services can be carried out in all structural divisions (departments, chambers, offices) of the Center's branches, including in specially organized structural divisions (departments, chambers, offices).
2.5.1. A specially organized structural subdivision (department, chamber, office), which provides exclusively paid services, is guided in its activities by the regulation “On the department (chamber, office) for the provision of paid medical services to the population”.
2.6. The provision of paid medical services in the branches of the Center is carried out by specialists approved by the order of the head of the branch.
2.6.1. The number of employees involved in the provision of paid medical services in the branches of the Center may include specialists from the scientific departments of the Center, if they have the appropriate medical education on a part-time basis.
2.6.2. To carry out work on the provision of paid medical services, the Center may introduce additional positions of medical and other personnel, whose remuneration is carried out at the expense of funds received from the sale of paid medical services.
2.7. The provision of paid medical services by employees of the Center's branches on an outpatient basis can be carried out during the main working hours and at the main workplace by increasing the intensity of the work of a specialist with a slight increase (up to 3 patients per shift) - the load rate, or failure to fulfill the planned load. In the case of a large volume of paid services - according to a separate schedule for the reception of specialists. In stationary conditions and paraclinical units, it is allowed to provide paid medical services during the main working hours and at the main workplace.
2.7.1. In specially organized structural subdivisions (departments, wards, offices), paid medical services are provided according to the work schedule in these subdivisions.
2.7.2. When providing paid medical services, the operating hours of branches can be established according to a separate schedule, subject to its coordination with the Moscow Department of Health.
2.7.3. At the same time, the availability, quality and volume of medical services provided at the Center under the Program, the Territorial Program of State Guarantees for the Provision of Free Medical Care to the Population of the City of Moscow, and targeted comprehensive programs should not deteriorate.
2.8. Paid medical services, their types, volumes and conditions of provision must comply with licensing requirements, the terms of the contract, standards and procedures for the provision of medical care, regulatory documents (requirements) established by the Ministry of Health of the Russian Federation and other requirements established by law.
2.9. Paid medical services can be provided to the full extent of the standard of medical care, or as one-time consultations, procedures, diagnostic studies and other services, including those in excess of the standards being met.
2.10. Requirements for the provision of paid medical services, including the content of standards, procedures and conditions for the provision of medical care, service, and other services are determined by agreement of the parties and may be higher than provided for by the standards, procedures and other regulatory documents (requirements) approved The Ministry of Health of the Russian Federation, as well as standards, procedures, conditions and requirements established on their basis by other federal and regional executive authorities.
2.11. Paid medical services provided to the population must comply with the requirements for methods of diagnosis, prevention, treatment, medical technologies, medicines, immunobiological preparations and disinfectants permitted in the territory of the Russian Federation.
2.12. The sources of financing for the provision of paid medical services are:
– funds of insurance organizations operating in the system of voluntary medical insurance;
- funds of organizations, enterprises, institutions;
- personal funds of citizens;
- funds of the Social Insurance Fund;
– other means permitted by law.
2.13. Paid medical services to the population are provided by the Center under contracts. Contracts are concluded in writing in accordance with the requirements for their content established by federal legislation on the procedure for the provision of paid services by state organizations.
2.14. The conclusion by the Center of contracts for intermediary services to attract patients by third parties is not allowed.
3. Conditions for the provision of paid medical services
3.1. The presence of a concluded contract for the provision of paid medical services. When concluding a contract, the consumer (customer) is provided in an accessible form with information on the possibility of obtaining the appropriate types and volumes of medical care without charging a fee under the program of state guarantees of free provision of medical care to citizens and the territorial program of state guarantees of free provision of medical care to citizens.
3.2. A prerequisite for the provision of paid medical services at the Center is the provision of accessible and reliable information by posting it on the Center's website in the Internet information and telecommunication network, as well as on information stands (racks) in the Center's branches.
3.2.1. Information posted on information stands (racks) should be available to an unlimited circle of people during the entire working hours of the Center's branches and contain the following information: name and address of the branch location; availability of a valid license to carry out medical activities; price list of paid medical services; information about medical workers involved in the provision of paid medical services; operating hours of the branch; work schedule of medical workers involved in the provision of paid medical services; addresses and phone numbers of the executive authority in the field of protecting the health of citizens and the service for supervision in the field of consumer protection and human well-being of the city of Moscow.
3.2.2. Information stands (racks) are located in a place accessible to visitors and are designed in such a way that you can freely get acquainted with the information posted on them.
3.3. At the request of the consumer and (or) the customer, the employees of the branches of the Center provide for review:
3.3.1 a copy of the constituent document of the state organization (the Charter of the Center), regulations on the branch involved in the provision of paid services;
3.3.2. a copy of the license to carry out medical and other activities subject to licensing with a list of works (services) in accordance with the license.
3.4. At the conclusion of the contract, at the request of the consumer (customer), information on paid services containing the following information must be provided in an accessible form:
3.4.1. procedures for the provision of medical care and standards of medical care used in the provision of paid medical services;
3.4.2. information about a specific medical worker providing the relevant paid medical service (his professional education and qualifications);
3.4.3. information about the methods of providing medical care, the risks associated with them, possible types of medical intervention, their consequences and the expected results of the provision of medical care;
3.4.4. a list of categories of consumers entitled to receive benefits, as well as a list of benefits provided in the provision of paid medical services in accordance with federal laws and other regulatory legal acts, and other information related to the contract.
3.5. The provision of paid services to citizens is carried out with the informed voluntary consent of the patient until the moment the medical service is provided. If it is impossible to obtain such consent from the patient himself, it must be obtained from his legal representatives (guardians). The fact of informed voluntary consent to the provision of paid medical services is recorded in the patient's medical record.
3.6. At the end of the provision of paid medical services to the patient, he is issued a medical certificate of the established form, in the presence of temporary disability - a sheet of temporary disability.
- Prices (tariffs) for paid medical services and payment procedure
4.1. Prices (tariffs) for medical services provided to the population for a fee are determined in accordance with Chapter 25 of the Tax Code of the Russian Federation.
4.2. The price list (prices) for medical services at the Center is approved by the Director of the Center.
4.3 Employees of the Center pay 70% of the cost of paid medical services in the Price List.
4.4. Payment for medical services is carried out by non-cash payments through credit organizations or by depositing cash directly to the cash desk of the Center with the issuance to the consumer (customer) of a document confirming payment (cash receipt, receipt or other form of strict reporting (document of the established sample).
4.5. Collection of money directly by the employees of the Center providing paid medical services is strictly prohibited.
4.6 .. At the request of the person who paid for the services, the Center is obliged to issue a Certificate of payment for medical services for submission to the tax authorities of the Russian Federation in the form established by order of the Ministry of Health of the Russian Federation and the Ministry of the Russian Federation for Taxes and Duties dated July 25, 2001 N 289 /BG-3-04/256 “On the implementation of Decree of the Government of the Russian Federation of March 19, 2001 N 201 “On approval of lists of medical services and expensive types of treatment in medical organizations of the Russian Federation, medicines, the amounts of which are paid at the expense of the taxpayer's own funds when determining the amount of social tax deduction”.
4.7. Requirements for paid medical services, including their volume and terms of rendering, are determined by agreement of the parties to the contract, unless federal laws, other regulatory legal acts of the Russian Federation provide for other requirements.
4.8. If, for any reason beyond the control of the Center, it is impossible to provide medical care to the patient (in whole or in part), then the funds shall be returned in non-cash form to the account of the legal entity according to the reconciliation act, or to the patient (Customer) in cash at his request signed by the branch manager.
4.9. Funds received for paid medical services provided are credited to the personal account of the Center in the Department of Finance of the city of Moscow to account for funds received from income-generating activities.
- Responsibility and control over the provision of paid medical services at the Center
6.1. In accordance with the legislation of the Russian Federation, the Center is responsible for non-fulfillment or improper fulfillment of the conditions for the provision of paid medical services, non-compliance with the requirements for methods of diagnosis, prevention and treatment, training, as well as for causing harm to the health and life of the patient.
6.2. Control over the organization of work on the provision of paid medical services, the quality of their implementation in the branches of the Center, prices and the procedure for collecting funds from the population is carried out by the Federal Service for Surveillance in the Sphere of Consumer Rights Protection and Human Welfare, the Moscow City Health Department, as well as other state bodies, which, in accordance with laws and other legal acts of the federal and regional levels, are entrusted with checking the activities of state organizations.
6.3. In case of detection of violations in the work of the Center for the provision of paid medical services, officials are liable in accordance with the current legislation of the Russian Federation.
6.4. The harm caused to the life and health of the patient as a result of the provision of low-quality paid medical services is subject to compensation by the contractor in accordance with the legislation of the Russian Federation.
6.5. These Regulations are approved by the Director of the Center, changes and additions to these Regulations are made by orders of the Director of the Center.
Decree of the Government of the Russian Federation of October 4, 2012 N 1006
"On approval of the Rules for the provision of paid medical services by medical organizations"
In accordance with Part 7 of Article 84 of the Federal Law "On the Basics of Protecting the Health of Citizens in the Russian Federation" and Article 39.1 of the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation decides:
2. Recognize invalid the Decree of the Government of the Russian Federation of January 13, 1996 N 27 "On approval of the Rules for the provision of paid medical services to the population by medical institutions" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1996, N 3, Art. 194).
Rules
provision of paid medical services by medical organizations
(approved by Decree of the Government of the Russian Federation of October 4, 2012 N 1006)
I. General provisions
1. These Rules determine the procedure and conditions for the provision of paid medical services by medical organizations to citizens.
2. For the purposes of these Rules, the following basic concepts are used:
"paid medical services"- medical services provided on a reimbursable basis at the expense of personal funds of citizens, funds of legal entities and other funds on the basis of contracts, including voluntary medical insurance contracts (hereinafter referred to as the contract);
"consumer" - an individual who intends to receive or receives paid medical services personally in accordance with the contract. A consumer receiving paid medical services is a patient covered by the Federal Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation";
"customer" - an individual (legal) person who intends to order (purchase) or order (purchase) paid medical services in accordance with the contract in favor of the consumer;
"executor" - a medical organization providing paid medical services to consumers.
concept "medical organization" used in these Rules in the meaning defined in the Federal Law
3. Paid medical services are provided by medical organizations on the basis of the list of works (services) constituting medical activities and specified in the license for medical activities issued in the prescribed manner.
4. Requirements for paid medical services, including their scope and timing of provision, are determined by agreement of the parties to the contract, unless federal laws, other regulatory legal acts of the Russian Federation provide for other requirements.
5. These Rules are brought to the attention of the consumer (customer) by the contractor in a clear and accessible form.
II. Conditions for the provision of paid medical services
6. When concluding a contract, the consumer (customer) is provided in an accessible form with information on the possibility of obtaining the appropriate types and volumes of medical care without charging a fee within the framework of the program of state guarantees of free provision of medical care to citizens and the territorial program of state guarantees of free provision of medical care to citizens (hereinafter - respectively program, territorial program).
The consumer's refusal to conclude a contract cannot be the reason for reducing the types and volumes of medical care provided to such a consumer without charging a fee within the framework of the program and the territorial program.
7. Medical organizations participating in the implementation of the program and the territorial program have the right to provide paid medical services:
a) on other terms than provided by the program, territorial programs and (or) target programs, at the request of the consumer (customer), including, but not limited to:
establishment of an individual post of medical observation during treatment in a hospital;
the use of drugs that are not included in the list of vital and essential drugs, if their appointment and use is not due to vital indications or replacement due to individual intolerance to drugs included in the specified list, as well as the use of medical devices, medical nutrition, including the number of specialized health food products that are not provided for by the standards of medical care;
b) when providing medical services anonymously, with the exception of cases provided for by the legislation of the Russian Federation;
c) citizens of foreign states, stateless persons, with the exception of persons insured under compulsory health insurance, and citizens of the Russian Federation who do not permanently reside on its territory and are not insured under compulsory health insurance, unless otherwise provided by international treaties of the Russian Federation;
d) when applying for medical services independently, with the exception of cases and the procedure provided for in Article 21 of the Federal Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation", and cases of emergency, including emergency specialized, medical care and medical care provided by in an urgent or emergency manner.
8. The procedure for determining prices (tariffs) for medical services provided by medical organizations that are budgetary and state-owned state (municipal) institutions is established by the bodies exercising the functions and powers of the founders.
Medical organizations of other organizational and legal forms determine prices (tariffs) for paid medical services provided on their own.
9. When providing paid medical services, the procedures for the provision of medical care approved by the Ministry of Health of the Russian Federation must be observed.
10. Paid medical services may be provided in full of the standard of medical care approved by the Ministry of Health of the Russian Federation, or at the request of the consumer in the form of individual consultations or medical interventions, including in an amount exceeding the scope of the performed standard of medical care.
III. Information about the contractor and the medical services provided by him
11. The Contractor is obliged to provide, by posting on the website of the medical organization in the information and telecommunication network "Internet", as well as on the information stands (racks) of the medical organization, information containing the following information:
a) for a legal entity - the name and company name (if any);
for an individual entrepreneur - last name, first name and patronymic (if any);
b) the address of the location of the legal entity, the data of the document confirming the fact of entering information about the legal entity in the Unified State Register of Legal Entities, indicating the body that carried out the state registration;
the address of the place of residence and the address of the place of medical activity of the individual entrepreneur, the data of the document confirming the fact of entering information about the individual entrepreneur in the Unified State Register of Individual Entrepreneurs, indicating the body that carried out the state registration;
c) information about the license to carry out medical activities (number and date of registration, list of works (services) that make up the medical activities of a medical organization in accordance with the license, name, location address and telephone number of the licensing authority that issued it);
d) a list of paid medical services indicating prices in rubles, information on the conditions, procedure, form of providing medical services and the procedure for their payment;
e) the procedure and conditions for the provision of medical care in accordance with the program and the territorial program;
f) information on medical workers involved in the provision of paid medical services, on the level of their professional education and qualifications;
g) the mode of operation of a medical organization, the work schedule of medical workers involved in the provision of paid medical services;
h) addresses and phone numbers of the executive authority of the constituent entity of the Russian Federation in the field of protecting the health of citizens, the territorial authority of the Federal Service for Supervision in the Sphere of Health Care and the territorial authority of the Federal Service for Supervision in the Field of Consumer Rights Protection and Human Welfare.
12. Information posted on information stands (racks) should be available to an unlimited number of people during the entire working time of a medical organization providing paid medical services. Information stands (racks) are located in a place accessible to visitors and are designed in such a way that you can freely get acquainted with the information posted on them.
13. The contractor provides for review at the request of the consumer and (or) the customer:
a) a copy of the constituent document of a medical organization - a legal entity, the regulation on its branch (department, other territorially separate structural unit) involved in the provision of paid medical services, or a copy of the certificate of state registration of an individual as an individual entrepreneur;
b) a copy of the license to carry out medical activities with a list of works (services) that make up the medical activities of a medical organization in accordance with the license.
14. When concluding a contract, at the request of the consumer and (or) the customer, they must be provided in an accessible form with information on paid medical services containing the following information:
a) the procedures for the provision of medical care and the standards of medical care used in the provision of paid medical services;
b) information about a specific medical worker providing the relevant paid medical service (his professional education and qualifications);
c) information about the methods of providing medical care, the risks associated with them, possible types of medical intervention, their consequences and the expected results of the provision of medical care;
d) other information related to the subject of the contract.
15. Prior to the conclusion of the contract, the contractor shall notify the consumer (customer) in writing that failure to comply with the instructions (recommendations) of the contractor (medical worker providing paid medical services), including the prescribed treatment regimen, may reduce the quality of the provided paid medical service, entail the impossibility of its completion on time or adversely affect the health of the consumer.
IV. The procedure for concluding a contract and paying for medical services
16. The contract is concluded by the consumer (customer) and the contractor in writing.
17. The contract must contain:
a) information about the performer:
name and company name (if any) of a medical organization - a legal entity, location address, data of a document confirming the fact of entering information about a legal entity in the Unified State Register of Legal Entities, indicating the body that carried out the state registration;
surname, name and patronymic (if any) of an individual entrepreneur, address of residence and address of the place of medical activity, data of a document confirming the fact of entering information about an individual entrepreneur in the Unified State Register of Individual Entrepreneurs, indicating the body that carried out the state registration;
the number of the license to carry out medical activities, the date of its registration, indicating the list of works (services) that make up the medical activities of the medical organization in accordance with the license, the name, address of the location and telephone number of the licensing authority that issued it;
b) last name, first name and patronymic (if any), residential address and telephone number of the consumer (legal representative of the consumer);
surname, name and patronymic (if any), address of the place of residence and telephone number of the customer - an individual;
the name and address of the location of the customer - legal entity;
c) a list of paid medical services provided in accordance with the contract;
d) the cost of paid medical services, the terms and procedure for their payment;
e) conditions and terms for the provision of paid medical services;
f) position, surname, name, patronymic (if any) of the person concluding the contract on behalf of the contractor, and his signature, surname, name, patronymic (if any) of the consumer (customer) and his signature. If the customer is a legal entity, the position of the person concluding the contract on behalf of the customer is indicated;
g) the responsibility of the parties for failure to comply with the terms of the contract;
h) the procedure for changing and terminating the contract;
i) other conditions determined by agreement of the parties.
18. The contract is drawn up in 3 copies, one of which is with the contractor, the second - with the customer, the third - with the consumer. If the contract is concluded by the consumer and the contractor, it is drawn up in 2 copies.
19. An estimate may be drawn up for the provision of paid medical services. Its preparation at the request of the consumer (customer) or contractor is mandatory, while it is an integral part of the contract.
20. If the provision of paid medical services requires the provision of additional medical services on a reimbursable basis that are not provided for by the contract, the contractor is obliged to notify the consumer (customer) about this.
Without the consent of the consumer (customer), the contractor is not entitled to provide additional medical services on a reimbursable basis.
21. If the provision of paid medical services requires the provision of additional medical services for emergency reasons to eliminate the threat to the life of the consumer in case of sudden acute diseases, conditions, exacerbations of chronic diseases, such medical services are provided free of charge in accordance with the Federal Law "On the Fundamentals of Protection health of citizens in the Russian Federation".
22. If the consumer refuses to receive medical services after the conclusion of the contract, the contract is terminated. The contractor informs the consumer (customer) about the termination of the contract at the initiative of the consumer, while the consumer (customer) pays the contractor the costs actually incurred by the contractor related to the performance of obligations under the contract.
23. The consumer (customer) is obliged to pay for the medical service provided by the contractor on time and in the manner specified by the contract.
24. In accordance with the legislation of the Russian Federation, the consumer (customer) is issued a document confirming the payment for the provided medical services (cash receipt, receipt or other form of strict accountability (standard document)).
25. After the execution of the contract, the Contractor shall issue to the consumer (legal representative of the consumer) medical documents (copies of medical documents, extracts from medical documents) reflecting the state of his health after receiving paid medical services.
26. The conclusion of a voluntary medical insurance contract and payment for medical services provided in accordance with the said contract shall be carried out in accordance with the Civil Code of the Russian Federation and the Law of the Russian Federation "On the organization of insurance business in the Russian Federation".
V. Procedure for the provision of paid medical services
27. The contractor provides paid medical services, the quality of which must comply with the terms of the contract, and in the absence of conditions on their quality in the contract, the requirements for services of the corresponding type.
If the federal law, other regulatory legal acts of the Russian Federation provide for mandatory requirements for the quality of medical services, the quality of paid medical services provided must comply with these requirements.
28. Paid medical services are provided subject to the informed voluntary consent of the consumer (legal representative of the consumer), given in the manner prescribed by the legislation of the Russian Federation on the protection of the health of citizens.
29. The contractor provides the consumer (legal representative of the consumer) at his request and in a form accessible to him information:
about the state of his health, including information about the results of the examination, diagnosis, methods of treatment, the risks associated with them, possible options and consequences of medical intervention, expected results of treatment;
on medicines and medical devices used in the provision of paid medical services, including their expiration dates (warranty periods), indications (contraindications) for use.
30. When providing paid medical services, the Contractor is obliged to comply with the requirements established by the legislation of the Russian Federation for the preparation and maintenance of medical records and accounting and reporting statistical forms, the procedure and deadlines for their submission.
VI. Responsibility of the contractor and control over the provision of paid medical services
31. For non-fulfillment or improper fulfillment of obligations under the contract, the performer shall be liable under the legislation of the Russian Federation.
32. Harm caused to the life or health of the patient as a result of the provision of low-quality paid medical services is subject to compensation by the contractor in accordance with the legislation of the Russian Federation.
33. Control over compliance with these Rules is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare within the established powers.