ORDER OF THE MINISTER OF HEALTH OF THE REPUBLIC OF KAZAKHSTAN

of July 24, 2024 No. 57

About approval of the standard agreement of joint insurance of professional responsibility of health workers

According to Item 104-3) of article 7 of the Code of the Republic of Kazakhstan "About health of the people and health care system", PRIKAZYVAYU:

1. Approve the standard agreement of joint insurance of professional responsibility of health workers according to appendix to this order.

2. To provide to department of science and human resources of the Ministry of Health of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Health of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Health of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Health of the Republic of Kazakhstan.

4. This order becomes effective since October 23, 2024 and is subject to official publication.

Appendix

to the Order of the Minister of Health of the Republic of Kazakhstan of July 24, 2024 No. 57

Agreement No. _____ joint insurances of professional responsibility of health workers

The representative of single insurance (reinsurance) pool __________________________________ No. acting on behalf of insurance pool according to the Cooperation agreement ___ from __. __. 202 ____, hereinafter referred to as "Insurer" on behalf of _____________________________________, acting on the basis of the ___________________________________________, on the one hand, and ____________________________________________________

____________________________________________________________________, hereinafter referred to as "Insurer", on behalf of ________________________

____________________________________________________________________, acting on the basis of the ____________________________________________

____________________________________________________ on the other hand,

further jointly referred to as "Parties", based on the Civil code of the Republic of Kazakhstan (Special part), the code of the Republic of Kazakhstan "About health of the people and health care system" (further – the Code), the Law of the Republic of Kazakhstan "About insurance activity" signed this Agreement of joint insurance of professional responsibility of health workers (further – the Agreement of joint insurance) as follows:

Chapter 1. The basic concepts used in this Agreement of joint insurance

1. In this Agreement of joint insurance the following basic concepts are used:

1) insurance company the participant of single insurance (reinsurance) pool – the insurance company having license for activities on insurance of professional responsibility and performing activities within Poulat according to article 270-4 of the Code and this agreement of joint insurance and the legislation of the Republic of Kazakhstan;

2) single insurance (reinsurance) pool on insurance of professional responsibility of health workers (further – the Pool) – merging of insurance companies, without formation of legal entity, created for the purposes of insurance of professional responsibility of health workers of the Republic of Kazakhstan;

3) the health worker – the physical person having professional medical education and performing medical activities;

Medical incident – the event connected with delivery of health care according to standards of the organization of delivery of health care and with use of technologies, the equipment and tools, caused by variation from normal functioning of organism which can do harm to life and health of the patient and also to lead 4) to the death of the patient, except as specified, provided by the administrative and penal legislation of the Republic of Kazakhstan;

5) the beneficiary – person who according to the insurance contract is receiver of insurance payment;

6) the administrator Poulat – insurance broker and (or) the insurance (reinsurance) organization – the participant of insurance (reinsurance) pool attracted (attracted) to management of activities of Poulat, acting according to article 270-4 of the Code and based on this Agreement of joint insurance for and on behalf of all members of Poulat for the conclusion, maintenance and execution of agreements of joint insurance of professional responsibility of health workers;

7) Internet platform of the Administrator Poulat (further in the text Internet platform) – the information system which is functioning in open information and communication network, including including, technology of its maintaining and use, and also the organizational structure providing information exchange between the Insurer, Participating Insurers and Administrator Poulat;

8) insurance premium (fee) - amount of money which the Insurer pays to the Administrator Poulat for acceptance by the last for and on behalf of Poulat's members of obligations to make insurance payment;

9) the insurer – the subject of health care who is performing medical activities based on the license for medical activities and appendices to it according to the Law of the Republic of Kazakhstan "About permissions and notifications" and having the Agreement of joint insurance of professional responsibility of health workers in the form of the collective agreement for the medical organizations and the individual agreement for the physical persons practising private medicine;

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