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LAW OF UKRAINE

of November 19, 1992 No. 2801-XII

Bases of the legislation of Ukraine on health care

(as amended on 18-12-2020)

Each person has the natural integral and immutable right to health protection. Society and the state are responsible before modern and future generations for the level of health and preserving gene pool of the people of Ukraine, provide priority of health care in activities of the state, improvement of working conditions, training, life and rest of the population, the solution of economic problems, enhancement of medical care and implementation of healthy lifestyle.

Bases of the legislation of Ukraine on health care determine the legal, organizational, economic and social beginnings of health care in Ukraine, govern the public relations in this area for the purpose of ensuring harmonious development of physical and spiritual powers, high working ability and long active life of citizens, elimination of the factors which are harmfully influencing on their health, the prevention and decrease in incidence, disability and death rate, heredity improvement.

Section I. General provisions

Article 1. Legislation of Ukraine on health care

The legislation of Ukraine on health care is based on the Constitution of Ukraine and consists of these Bases and other acts of the legislation adopted according to them governing the public relations in the field of health care.

Article 2. The international agreements of Ukraine in the field of health care

If the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those which are stipulated by the legislation Ukraine about health care then are applied rules of the international treaty.

Article 3. The concept and terms applied in the legislation on health care

In these Bases and other acts of the legislation on health care the basic concepts have such value:

health - condition of complete physical, mental and social wellbeing, and not just absence of diseases and physical defects;

healthcare institution - the legal entity of any pattern of ownership and form of business or its separate division providing medical attendance of the population on the basis of the corresponding license and professional activity of health (pharmaceutical) workers;

medical care - the activities of professionally prepared health workers directed to prevention, diagnostics, treatment and rehabilitation in connection with diseases, injuries, poisonings and pathological conditions and also in connection with pregnancy and childbirth;

medical attendance - activities of healthcare institutions and physical persons entrepreneurs who are registered and obtained the corresponding license in the procedure established by the law, in health sector, is not necessarily limited to medical care, but is directly connected with its rendering;

medical subsidy - the non-cash help which is provided at the expense of means state or local budgets for payment of medical services and medicines necessary for the patient;

assessment of medical technologies - examination of medical technologies of rather clinical efficiency, economic feasibility, organizational problems and problems of safety for citizens in connection with their application;

network of institutions of health care - set of institutions of health care which provide the needs of the population for medical attendance in the corresponding territory;

medical emergency of the person - sudden deterioration in physical or mental health which constitutes direct and inevitable threat of life and to health of the person or the people surrounding it and results from disease, injury, poisoning or other internal or external reasons;

person authorized on implementation of purchases in health sector - the legal entity created by the central executive body which provides forming also realizes state policy in health sector, and authorized to conduct procurement of medicines, medical products and supportive applications to them and services for means of the government budget for accomplishment of programs and implementation of centralized actions for health protection, and also for means of grants (subgrants) for accomplishment of programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine according to the law. Person authorized on implementation of purchases in health sector has the right to deliver gratuitously (to transfer) the medicines belonging to it, medical products and supportive applications to them and services to structural divisions concerning health care of the regional, Kiev and Sevastopol city public administrations or to subjects of managing which have the license for implementation of economic activity on medical practice;

health care - system of the actions performed by public authorities and local government bodies, their officials, healthcare institutions, physical persons entrepreneurs who are registered in the procedure established by the law and obtained the license for the right of implementation of economic activity on medical practice, health and pharmaceutical workers, public associations and citizens for the purpose of preserving and recovery of physiological and psychological functions, optimum working ability and social activity of the person at the maximum biologically possible individual duration of his life;

the patient - physical person which asked for medical care and/or to which such help is provided;

the service in medical attendance of the population (medical service) - the service provided to the patient by healthcare institution or physical person the entrepreneur registered and who obtained in the procedure established by the law the license for implementation of economic activity on medical practice is also paid by her customer. The state, local government bodies, legal entities and physical persons, including the patient can be the customer of service in medical attendance of the population;

the domeditsinsky help - the urgent actions and organizational actions directed to rescuing and preserving human life in medical emergency and minimization of consequences of influence of such condition on his health which are performed on the scene by persons who have no medical education, but on the service duties shall own the main practical skills on rescue and preserving human life which is in medical emergency, and according to the law shall perform such actions and actions;

the rare (orphan) disease - disease which threatens human life or which chronically progresses leads to reducing life expectancy of the citizen or in his disability which prevalence among the population is not more often than 1:2000;

telemedicine - complex of the actions, technologies and actions applied during delivery of health care with use of means of remote communication to exchange of information electronically.

Content of other concepts and terms is determined by the legislation of Ukraine and special dictionaries of concepts and terms of the World Health Organization.

Article 4. Basic principles of health care

The basic principles of health care in Ukraine are:

health care recognition by priority activity of society and state, one of the main factors of survival and development of the people of Ukraine;

observance of rights and freedoms of man and citizen in the field of health care and providing the related state guarantees;

humanistic orientation, providing priority of universal values over class, national, group or individual interests, the increased medico-social protection of the most vulnerable segments of the population;

equality of citizens, democratism and general availability of medical care and other services in the field of health care;

compliance to tasks and level of social and economic and cultural development of society, scientific justification, material and financial security;

orientation to modern standards of health and medical care, combination of domestic traditions and achievements with international experience in the field of health care;

precautionary and preventive nature, integrated social, ecological and medical approach to health care;

multiformity of economy of health care and mnogokanalnost of its financing, combination of the state guarantees to demonopolization and encouragement of entrepreneurship and competition;

decentralization of public administration, development of self-government of organizations and independence of workers of health care on legal and contractual basis.

Article 5. Health protection - general obligation of society and state

The state, public or other bodies, the companies, organizations, the organizations, officials and citizens shall provide priority of health care in own activities, not cause damage to health of the population and individuals, within the competence to provide the help to patients, persons with disability and the victim of accidents, to promote employees of bodies and healthcare institutions in their activities, and also to fulfill other duties, stipulated by the legislation about health care.

Section II. The rights and obligations of citizens in the field of health care

Article 6. Right to health protection

Each citizen of Ukraine has the right to health protection providing:

a) living standards, including food, clothes, housing, the medical care and social servicing and providing necessary for maintenance of health of the person;

b) surrounding environment, safe for life and health;

c) sanitary and epidemic wellbeing of the territory and the settlement where he lives;

d) safe and healthy working conditions, training, life and rest;

e) qualified medical care, including the free choice of the doctor, the choice of methods of treatment according to its recommendations and healthcare institutions;

e) reliable and timely information about condition of the health and health of the population, including the existing and possible risk factors and their degree;

є) participation in discussion of drafts of legal acts and introduction of offers on forming of state policy in the field of health care;

g) participation in management of health care and conducting public examination on these questions according to the procedure, stipulated by the legislation;

h) possibility of consolidation in public organizations for the purpose of assistance to health care;

i) legal protection from any illegal forms of discrimination connected with the state of health;

i) compensation of the damage caused to health;

ї) appeal of illegal decisions and actions of workers, organizations and bodies of health care;

й) possibility of conducting independent medical examination of the corresponding type in case of the citizen's disagreement with the conclusions of the state medical examination, application of measure of restraint to it as to person concerning whom application of enforcement powers of medical nature is supposed or the issue of their application, enforcement powers of medical nature, forced treatment, forced hospitalization and in other cases when actions of workers of health care violate the rights of the citizen of Ukraine to health protection was resolved;

j) the right of the patient staying on hospitalization in health care institution to the admission to it other health workers, family members, the guardian, the custodian, the notary and the lawyer, and also the priest for departure of church service and religious practice;

k) informing about available medical services using telemedicine.

By the laws of Ukraine also other rights of citizens in the field of health care can be determined.

The right to health protection in the forms and amount provided by international treaties in which Ukraine takes part is guaranteed to the citizens of Ukraine who are abroad.

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