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The document ceased to be valid since  November 23, 2015 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of October 29, 2015 No. 862

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 25, 2012 No. 1358

About approval of Rules of the choice of the service provider on rendering the guaranteed amount of free medical care and compensation of its costs

(as amended on 18-12-2013)

According to item 4 of article 34 of the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of the choice of the service provider on rendering the guaranteed amount of free medical care and compensation of its costs.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective after ten calendar days from the date of the first official publication.

Prime Minister of the Republic of Kazakhstan

S. Akhmetov

Approved by the Order of the Government of the Republic of Kazakhstan of October 25, 2012 No. 1358

Rules of the choice of the service provider on rendering the guaranteed amount of free medical care and compensation of its costs

1. General provisions

1. These rules of the choice of the service provider on rendering the guaranteed amount of free medical care and compensation of its costs (further - Rules) are developed according to item 4 of article 34 of the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" and determine procedure of the choice of the service provider by rendering the guaranteed amount of free medical care (further - GOBMP) to citizens of the Republic of Kazakhstan and oralmans having the corresponding license and compensations of its costs at the expense of budgetary funds, except for the organizations of health care determined by the Government of the Republic of Kazakhstan to perform the state task; the medical services rendered according to the list of diseases in case of which citizens of the Republic of Kazakhstan go for treatment abroad at the expense of budgetary funds, and the list of separate categories of the citizens of the Republic of Kazakhstan directed to treatment abroad at the expense of the budgetary funds approved by the order of the Government of the Republic of Kazakhstan of December 4, 2009 No. 2016; the medical services rendered to the citizens of the Republic of Kazakhstan and oralmans applying for medical treatment abroad in the conditions of the domestic medical organizations according to the procedure approved by authorized body.

2. The basic concepts used in these rules:

1) attachment of citizens to the organizations of primary health care - registration of obligations of the organizations of primary health care (further - PHC) on rendering PHC and realization of the rights of citizens to its obtaining within GOBMP;

2) the potential supplier - the subject of health care applying for rendering GOBMP;

3) the administrator of the budget programs (further - the administrator) - the Ministry of Health of the Republic of Kazakhstan or management of health care of areas, cities of Astana and Almaty (further - UZ);

4) authorized body in the field of health care (further - authorized body) - the state body performing management in the field of protection of public health, medical and pharmaceutical science, medical and pharmaceutical education, sanitary and epidemiologic wellbeing of the population, drug circulation, products of medical appointment and medical equipment, control of quality of medical services;

5) again entered health care facility - the object constructed at the expense of budgetary funds, for the first time put in operation, the control of which is transferred the organization which grants the license for implementation of the related activity for this object;

6) subcontractor - subject of health care with which the supplier signs the contract of sub contracting for execution of part of agreement obligations for rendering GOBMP;

7) the supplier - the subject of health care with whom the contract for rendering GOBMP is signed;

8) the commission on the choice of the service provider (further - the commission) - the permanent collegiate organ created by the customer according to these rules;

9) the customer - the territorial department of Committee of payment of medical services of the Ministry of Health of the Republic of Kazakhstan or management of health care of the respective area, the cities of Astana and Almaty performing the choice of the service provider on rendering GOBMP at the expense of means of republican or local budgets according to these rules, and also the civil legislation of the Republic of Kazakhstan;

10) tasksetter - the single list of medical services approved by authorized body with indication of their cost;

11) the agreement of intent on rendering the consulting and diagnostic help of GOBMP (further - the agreement of intention) - the agreement signed between the potential supplier and potential subcontractor of KDP included in the electronic register;

12) potential subcontractor on rendering the consulting and diagnostic help of GOBMP (further - potential subcontractor of KDP) - the subject of health care applying for rendering part of agreement obligations on rendering GOBMP;

13) the electronic register of potential subcontractors of the consulting and diagnostic help of GOBMP (further - the electronic register) - the database of potential subcontractors of KDP conforming to requirements of these rules;

14) the choice of the service provider on rendering GOBMP (further - the choice of the supplier) - the procedure consisting of complex of the interconnected consecutive actions directed to determination of compliance of potential suppliers to requirements of these rules and placement of GOBMP with the conclusion of contracts for rendering GOBMP;

15) the contract for rendering GOBMP (further - the agreement) - the civil contract for rendering GOBMP signed between the customer and the supplier according to these rules, and also the civil legislation of the Republic of Kazakhstan;

16) placement of GOBMP - determination of amounts of GOBMP by the commission to potential suppliers, relevant requirements of these rules.

3. The customer makes the decision on implementation of the procedure of the choice of the supplier based on the individual funding plan approved by the administrator according to obligations.

4. The choice of the supplier is performed:

at the expense of means of the republican budget for the following types of medical care:

qualified; specialized; highly specialized; medico-social which appear in the following forms:

the stationary help and the hospital-replacing help, including rendering republican value of medical services by the medical organizations by the patient:

mental, infectious, oncological diseases and tuberculosis, alcoholism, drug addiction and toxicomania;

in the rehabilitation centers, sanatoria;

recovery treatment and medical rehabilitation;

out-patient and polyclinic help in the medical organizations of republican value;

at the expense of means of the local budget, including target current transfers from the republican budget to regional budgets, budgets of the cities of Astana and Almaty - by types and forms of medical care, except for rendering GOBMP performed at the expense of means of the republican budget.

5. The choice of the supplier is performed with respect for the principles:

1) ensuring availability of GOBMP;

2) realization of the free choice by citizens of the Republic of Kazakhstan and oralmans of the subject of health care;

3) providing with the supplier of rational expenditure of the money used for implementation of activities for rendering GOBMP;

4) provisions to potential suppliers of equal opportunities for participation in the procedure of the choice of the supplier;

5) publicity and transparency of selection process of the supplier;

6) fair competition among potential suppliers;

7) provisions of the privilege to the conclusion of agreements to the potential suppliers accredited in health sector;

8) territorialities (arrangement of the supplier in the place of rendering GOBMP specified in the notice on implementation of the procedure of the choice of the supplier).

6. The potential supplier shall conform to the following requirements:

1) to have legal capacity;

2) to be solvent;

3) not to be subject to insolvency proceeding or liquidation;

4) to have material and manpower.

7. The procedure of attachment of citizens of the Republic of Kazakhstan and oralmans to the subjects of health care rendering PHC is the preliminary procedure for holding procedure of the choice of the supplier rendering PHC and consists of the following stages:

1st stage: determination of potential suppliers for participation in campaign of free attachment of citizens of the Republic of Kazakhstan and oralmans to the subjects of health care rendering PHC;

2nd stage: campaign of free attachment of citizens of the Republic of Kazakhstan and oralmans to the subjects of health care rendering PHC (further - campaign for attachment) according to the procedure, No. 1263 determined by the order of the Government of the Republic of Kazakhstan of November 1, 2011 "About approval of Rules of rendering primary health care and Rules of attachment of citizens to the organizations of primary health care".

8. The procedure of the choice of the supplier consists of two stages:

1st stage:

1) the notice the customer of potential suppliers about the beginning of implementation of the procedure of the choice of the supplier;

2) order taking for participation in the procedure of the choice of the supplier (further - the application for participation);

3) consideration of applications for participation by the commission for determination of potential suppliers on compliance to requirements of these rules;

2nd stage:

1) placement of GOBMP and conclusion of agreements;

2) notice on results of placement of GOBMP.

2. Procedure for forming and work of the commission

9. For accomplishment of the procedure of the choice of the supplier the customer creates the commission and determines her secretary.

10. Commission:

1) determines potential suppliers on compliance to requirements of these rules;

2) determines potential suppliers on compliance to requirements of these rules for participation in campaign of free attachment of citizens of the Republic of Kazakhstan and oralmans to the subjects of health care rendering PHC;

3) determines potential subcontractors of KDP on compliance to requirements of these rules for inclusion in the electronic register;

4) is placed by GOBMP to potential suppliers, relevant requirements of these rules.

11. The customer sends the written request on provision of candidates to the relevant territorial departments of the departments of the Ministry of Health of the Republic of Kazakhstan, UZ, non-governmental organizations and public associations representing the interests of subjects of health care and patients in this region and based on in writing presented candidacies the customer creates and approves structure of the commission by the order.

12. The chairman, the vice-chairman and other members of the commission are part of the commission. The total quantity of members of the commission constitutes at least seven people.

13. The commission chairman determines the official who is the first head of the customer or his deputy.

Commission chairman:

1) plans work and directs activities of the commission;

2) presides over commission sessions;

3) performs other functions provided by these rules.

The vice-chairman of the commission is elected at meeting members of the commission open voting.

14. Organizational activities of the commission are provided with the secretary of the commission. The secretary of the commission is not member of the commission and has no right to vote in case of adoption of the decision by the commission.

The secretary of the commission is determined from among officials of the customer.

15. Commission session is held on condition of presence of simple majority from total number of members of the commission.

16. Absence of the chairman or vice-chairman and (or) any member of the commission only for the reasonable reasons according to the labor law of the Republic of Kazakhstan is allowed. At the same time in the minutes of the commission the absence reason with appendix of the supporting document is specified.

During absence of the chairman of its function the vice-chairman of the commission carries out.

17. The decision of the commission is made by open voting and deemed accepted if for it the majority of votes from total quantity of the members of the commission who are present at meeting is given. In case of equality of votes, accepted is considered the decision of members of the commission for which the commission chairman, in case of its absence, the vice-chairman of the commission voted.

18. The secretary of the commission draws up commission session the protocol which shall contain the information about the present members of the commission and potential suppliers and (or) their representatives, the absent members of the commission (on the reasonable, disrespectful excuses), the decision made on commission session with indication of poll (for, against).

The minutes of the commission are signed by attendees the commission chairman, his deputy and other members of the commission, the secretary of the commission.

19. In case of disagreement with the decision of the commission, any member of this commission expresses special opinion which shall be stated in writing and attached to the minutes of the commission.

20. Consideration of applications for participation without carrying out commission session is not allowed.

21. Potential suppliers and (or) their representatives can be present at consideration of applications for participation, without interfering with activities of the commission with the right of maintaining audio recording and video filming.

22. The requests and other actions of members of the commission directed to reduction of the application for participation in compliance to requirements (amendment, replacement, correction) are not allowed.

23. The commission makes the decision on recognition of the procedure of the choice of the supplier or the procedure of determination of potential suppliers for participation in campaign for attachment cancelled and its repeated carrying out which is drawn up in the form of the protocol according to appendix 1 to these rules, in cases:

lack of applications for participation;

discrepancies of any of the potential suppliers who submitted applications for participation, to requirements imposed to them by these rules.

24. At the request of the potential supplier or his representative the minutes abstract of commission session of rather made decision is issued.

3. Procedure for determination of potential suppliers for participation in campaign of free attachment of citizens of the Republic of Kazakhstan and oralmans to the subjects of health care rendering PHC

25. The potential suppliers rendering PHC (further - potential suppliers of PHC) participate in campaign for attachment.

26. The customer based on the decision of authorized body in the field of health care declares holding procedure of determination of potential suppliers for participation in campaign for attachment according to appendix 2 to these rules through mass media (further - media) and (or) Internet resources (further - the announcement of holding campaign for attachment).

27. The procedure of determination of the potential supplier for campaign for attachment is performed by the commission which forming and activities is performed according to these rules.

28. The potential supplier of PHC applying for rendering PHC submits the application for participation in campaign for attachment (further - the application for participation) to the customer according to appendix 3 to these rules with appendix of the following documents:

1) notarially attested copies:

certificates or certificates of state registration (re-registration) of the legal entity (the electronic version of the reference notarially is not certified);

the document granting the right to implementation of business activity without formation of legal entity issued by the relevant state body (for physical person);

licenses for occupation medical activities and the appendices to them confirming the right of the potential supplier to rendering the appropriate medical care (electronic the license and appendices to it notarially are not certified);

2) copies:

identity certificates or passports (for physical person);

the charter (if in the charter the list of founders, participants or shareholders is not specified, the statement about the list of founders, participants either notarially attested copy of the foundation agreement or the statement from the register of shareholders are also represented);

certificates on accreditation in health sector (in case of its availability);

3) the data on availability of medical personnel certified by the signature of the first head and under seal the potential supplier according to appendix 4 to these rules (in the presence of the certificate on accreditation these data are not represented);

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