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ORDER OF THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 17, 2014 No. 146

About some questions of Committee of payment of medical services of the Ministry of health and social development of the Republic of Kazakhstan

According to the Presidential decree of the Republic of Kazakhstan of August 6, 2014 No. 875 "About reform of system of public administration of the Republic of Kazakhstan" and the order of the Government of the Republic of Kazakhstan of September 23, 2014 No. 1005 "About some questions of the Ministry of health and social development of the Republic of Kazakhstan", PRIKAZYVAYU:

1. Approve provisions:

1) public institution "Committee of payment of medical services of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 1 to this order;

2) public institution "Department of Committee of payment of medical services in the city of Astana of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 2 to this order;

3) public institution "Department of Committee of payment of medical services in the city of Almaty of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 3 to this order;

4) public institution "Department of Committee of payment of medical services in Akmola area of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 4 to this order;

5) public institution "Department of Committee of payment of medical services in the Aktyubinsk region of the Ministry of health and social development of the Republic of Kazakhstan" it agrees appendix 5 to this order;

6) public institution "Department of Committee of payment of medical services in Almaty region the Ministries of health and social development of the Republic of Kazakhstan" according to appendix 6 to this order;

7) public institution "Department of Committee of payment of medical services in Atyrau area of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 7 to this order;

8) public institution "Department of Committee of payment of medical services in the East Kazakhstan region of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 8 to this order;

9) public institution "Department of Committee of payment of medical services in Jambyl area of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 9 to this order;

10) public institution "Department of Committee of payment of medical services in the West Kazakhstan region of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 10 to this order;

11) public institution "Department of Committee of payment of medical services in the Karaganda region the Ministries of health and social development of the Republic of Kazakhstan" according to appendix 11 to this order;

12) public institution "Department of Committee of payment of medical services in the Kostanay region the Ministries of health and social development of the Republic of Kazakhstan" according to appendix 12 to this order;

13) public institution "Department of Committee of payment of medical services in Kyzylorda area of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 13 to this order;

14) public institution "Department of Committee of payment of medical services in Mangystau Region the Ministries of health and social development of the Republic of Kazakhstan" according to appendix 14 to this order;

15) public institution "Department of Committee of payment of medical services in the Pavlodar region the Ministries of health and social development of the Republic of Kazakhstan" according to appendix 15 to this order;

16) public institution "Department of Committee of payment of medical services in the North Kazakhstan area of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 16 to this order;

17) public institution "Department of Committee of payment of medical services in the Southern Kazakhstan area of the Ministry of health and social development of the Republic of Kazakhstan" according to appendix 17 to this order.

2. In the procedure established by the legislation to provide to committee of payment of medical services of the Ministry of health and social development of the Republic of Kazakhstan (further - Committee):

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

2) within ten calendar days after state registration of this order its direction on official publication in mass media and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of health and social development of the Republic of Kazakhstan.

3. This order becomes effective from the date of state registration and is subject to official publication.

Minister of health and social development of the Republic of Kazakhstan

T. Duysenova

Appendix 1

to the Order of the Minister of health and social development of the Republic of Kazakhstan of October 17, 2014 No. 146

Regulations on public institution "Committee of payment of medical services of the Ministry of health and social development of the Republic of Kazakhstan"

1. General provisions

1. The public institution Committee of payment of medical services of the Ministry of health and social development of the Republic of Kazakhstan (further - Committee) is the department of the Ministry of health and social development of the Republic of Kazakhstan (further - the Ministry) performing regulating and realizable functions in the sphere of fee of the guaranteed amount of free medical care (further - GOBMP) according to the legislation of the Republic of Kazakhstan within the competence.

2. The committee performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President, the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The committee is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The committee enters the civil relations from own name.

5. The committee has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

6. The committee on questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the chairman of Committee.

7. The structure and limit of the number of staff of Committee affirm according to the current legislation.

8. Legal address of Committee: 010000, city of Astana, Esilsky district, Ulitsa Orynbor, house 8, office building "House of the ministries", 5-6 entrances.

9. Full name of Committee - republican public institution "Committee of payment of medical services of the Ministry of health and social development of the Republic of Kazakhstan".

10. This Provision is the constituent document of Committee.

11. Financing of activities of Committee is performed from the republican budget.

12. The committee is not allowed to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Committee.

If the Committee by legal acts is granted the right, to perform the activities which are bringing in incomes, then income gained from such activities goes to the income of the government budget.

2. Main objectives, functions, rights and obligations of Committee

13. Tasks of Committee:

1) realization of state policy in the sphere of fee of GOBMP, participation in the strategy of development for the Single national health care system (further - ENSZ) and in enhancement of funding mechanisms and resource managements of health care;

2) realization of the choice of the service provider on rendering GOBMP and compensation of its costs at the expense of means of the republican budget;

3) control of quality and amount of the rendered medical services GOBMP according to the legislation of the Republic of Kazakhstan;

14. Functions of Committee:

1) payment of medical services in rendering GOBMP according to the administered budget programs;

2) development of technique of forming of rates and costs planning on the medical services rendered within GOBMP;

3) development of single approaches to efficiency evaluation of activities of the subjects of health care rendering medical services within GOBMP with use of the indicators reflecting efficiency, completeness and compliance of medical services to standards;

4) the organization of the choice of the service provider for rendering GOBMP from means of the republican budget;

5) implementation of cost recovery on rendering GOBMP from means of the republican budget;

6) implementation of external examination of quality of medical services within GOBMP;

7) assessment and monitoring of effective management of medical care of the organization and use of resources when rendering GOBMP;

8) evaluating system of the motivation of employees of the medical organizations oriented to achievement of resulting effect of work within GOBMP;

9) control, coordination and monitoring of implementation and execution of the programs and the directions realized within the Single national health care system including target current transfers on providing and the GOBMP expansion;

10) implementation of others of function, the provided laws, acts of the President and the Government of the Republic of Kazakhstan and other regulatory legal acts.

15. Rights and obligations:

To summon 1) to Committee and its territorial subdivisions of physical persons, officials of legal entities for consideration of the facts of violation of the law of the Republic of Kazakhstan in the sphere of fee of GOBMP;

2) to attract independent experts in case of realization of tasks in the sphere of fee of GOBMP;

3) to interact with state bodies on ensuring fee of GOBMP;

4) to participate in the organization and holding the international, republican, and regional seminars, scientific and practical conferences on questions of enhancement of system of financing of health care;

5) to coordinate activities of structural divisions of the Ministry, subjects of health care concerning fee of GOBMP;

6) to cooperate with the international organizations for payment of medical services;

7) to hold events for informing the population in the sphere of fee of GOBMP;

8) freely to visit subjects of health care for the purpose of control of proper execution of contractual commitments within the civil legislation;

9) to perform primary medical documentation intended for data recording about the state of health of the individuals reflecting nature, amount and quality of the provided medical care, persons who received medical services;

10) to initiate conducting checks of objects by authorized bodies in which provision to the population of medical care within GOBMP, for the purpose of implementation of the state control in the sphere of rendering medical services is performed;

11) to take a legal action in case of failure to carry out or inadequate accomplishment of legal requirements of officials of Committee by physical persons and legal entities;

12) to create the budget requests with reasons and to provide implementation of the fixed budget programs;

13) to participate in development of Strategic and Operational plans of the Ministry and to provide their execution according to the fixed republican budget programs;

14) to keep financial accounting and to create the financial reporting of activities of Committee;

15) to perform measures for protection of the rights of citizens in the field of health protection;

16) to consider appeals of physical persons and legal entities on the questions entering competence, according to the procedure, established by the legislation of the Republic of Kazakhstan;

17) to observe the legislation of the Republic of Kazakhstan, it is right also the interests of physical persons and legal entities protected by the law, including to provide improvement of quality of rendering services GOBMP;

18) to perform other rights and obligations provided by the existing legal acts.

3. Organization of activities of Committee

16. Management of Committee is performed of the Chairman who bears the personal responsibility for accomplishment of the tasks assigned to Committee and implementation of the functions by it.

17. The chairman of Committee is appointed to position and dismissed according to the procedure, established by the legislation of the Republic of Kazakhstan.

18. The chairman of Committee has deputies who are appointed to positions and are dismissed according to the legislation of the Republic of Kazakhstan.

19. Powers Chairman of Committee:

1) according to the legislation, appoints and dismisses employees of Committee and territorial subdivisions, except for workers whose questions of employment relationships according to legal acts are carried to competence of the higher official;

2) determines obligations and powers of heads and employees of structural divisions of Committee;

3) determines obligations and powers of heads and deputy managers of territorial subdivisions of Committee;

4) carries out annual assessment of activities of employees of Committee for determination of efficiency and quality of their work, except for workers whose questions of employment relationships according to legal acts are carried to competence of the higher official;

5) in the procedure established by the legislation, resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement, payment of allowances and awarding of employees of Committee, heads and deputy managers of territorial subdivisions;

6) resolves issues of imposing of authority punishments on employees of Committee, except for workers whose questions of employment relationships according to legal acts are carried to competence of the higher official;

7) is represented by Committee in state bodies and other organizations, is not dependent on patterns of ownership, and also in the relations with physical persons;

8) according to the legislation of the Republic of Kazakhstan makes decisions on presentation on behalf of Committee of claims and claims to physical persons and legal entities;

9) makes decisions and signs orders on the questions entering competence of Committee;

10) approves regulatory legal acts on the questions entering competence with direct competence on their approval of acts of the ministry, except for the regulatory legal acts affecting rights and freedoms of man and citizen;

11) takes the measures directed to anti-corruption in Committee.

Execution of powers of the Chairman of Committee in the period of its absence is performed by person replacing it according to the current legislation.

20. The chairman of Committee determines powers of the deputies according to the current legislation.

4. Property of Committee

21. The committee has on the right of operational management the isolated property, in cases, stipulated by the legislation the Republic of Kazakhstan.

The property of Committee is created at the expense of the property given it by the owner and also the property (including cash incomes) acquired as a result of own activities, and other sources which are not forbidden by the legislation of the Republic of Kazakhstan.

22. The property assigned to Committee belongs to republican property.

23. The committee is not allowed to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the funds allocated to it according to the plan of financing if other is not established by the legislation of the Republic of Kazakhstan.

5. Reorganization and liquidation of Committee

24. Reorganization and liquidation of Committee is performed according to the legislation of the Republic of Kazakhstan.

Appendix 2

to the Order of the Minister of health and social development of the Republic of Kazakhstan of October 17, 2014 No. 146

Regulations on public institution "Department of Committee of payment of medical services of the Ministry of health and social development of the Republic of Kazakhstan on the city of Astana"

1. General provisions

1. The department of Committee of payment of medical services of the Ministry of health and social development of the Republic of Kazakhstan in the city of Astana (further - Department) is the territorial subdivision of Committee performing within competence of Committee realizable functions in the sphere of fee of GOBMP according to the legislation of the Republic of Kazakhstan within the competence.

2. The department performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The department is legal entity, in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The department enters the civil relations from own name.

5. The department has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

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