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The document ceased to be valid since  July 15, 2018 according to Item 1 of the Order of the Minister of Health of the Republic of Kazakhstan of May 31, 2018 No. 312

ORDER OF THE MINISTER OF HEALTH OF THE REPUBLIC OF KAZAKHSTAN

of June 7, 2017 No. 397

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

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" PRIKAZYVAYU:

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:

1) the order of the acting minister of health care and social development of the Republic of Kazakhstan of July 30, 2015 No. 638 "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" (registered in the Register of state registration of regulatory legal acts at No. 11960, published in information system of law of Ad_let on September 18, 2015);

2) the subitem 2) Item 1 of the order of the Minister of health and social development of the Republic of Kazakhstan of December 29, 2016 No. 1130 "About modification and amendments in some orders of the Minister of health and social development of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts at No. 14717, published in Reference control bank of regulatory legal acts of the Republic of Kazakhstan on February 28, 2017).

3. To provide to committee of payment of medical services of the Ministry of Health of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) within ten calendar days from the date of state registration of this order the direction of its copies in periodic printing editions, and also in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Health of the Republic of Kazakhstan;

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

4. To impose control of execution of this order on the vice-Minister of Health of the Republic of Kazakhstan Aktayeva L. M.

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Health of the Republic of Kazakhstan

E.Birtanov

It is approved

Minister of national economy of the Republic of Kazakhstan

__________________ 2017

 

__________________ T. Suleymenov

Approved by the Order of the Minister of Health of the Republic of Kazakhstan of June 7, 2017 No. 397

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

Chapter 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" (further – the Code about health).

Rules determine procedure for the choice of the service provider by rendering the guaranteed amount of free medical care (further – GOBMP) and compensations of its costs at the expense of budgetary funds, except for the organizations of health care:

1) being public institutions;

2) actionees of the state task;

3) rendering treatment according to the Rules of the direction of citizens of the Republic of Kazakhstan on treatment abroad at the expense of budgetary funds approved by the order of the Minister of health and social development of the Republic of Kazakhstan of June 30, 2015 No. 544, (registered in the Register of state registration of regulatory legal acts for No. 11795);

4) the citizens of the Republic of Kazakhstan and oralmans rendering treatment, applying for medical treatment abroad, in the conditions of the domestic medical organizations.

2. The basic concepts used in these rules:

1) the potential supplier – the subject of health care applying for rendering GOBMP;

2) observers are representatives of regional chambers of National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken, the non-profit organizations and public associations representing the interests of patients and subjects of health care in this region, labor unions of workers of health care;

3) the administrator of the budget programs (further – the administrator) – the Ministry of Health of the Republic of Kazakhstan or 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, drug circulation, products of medical appointment and medical equipment, control of quality of medical services;

5) the subject of health care – the organization of health care, or the physical person practising private medicine and pharmaceutical activities;

6) again entered health care facility – the object constructed at the expense of budgetary funds, and also within public-private partnership, for the first time put in operation, the control of which is transferred the organizations of health care which grants the license for implementation of the related activity;

7) the commission on the choice of the supplier – the permanent collegiate organ created by the customer for carrying out the choice of suppliers according to these rules;

8) the application for participation – the application for participation in the procedure of the choice of the supplier provided by the potential supplier or the application for participation in campaign for attachment provided by the potential supplier of PHC;

9) subcontractor – subject of health care with which the supplier signed the agreement of sub contracting;

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

11) production base – the place of rendering medical services specified in appendix to the license;

12) the customer – territorial department of Committee of payment of medical services of the Ministry of Health of the Republic of Kazakhstan (further – TD to WHOM) or UZ performing the choice of the service provider on rendering GOBMP at the expense of means of republican or local budgets according to these rules;

13) the choice of the service provider of 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 Rules and placement of GOBMP with the conclusion of contracts for rendering GOBMP;

14) the contract for rendering GOBMP (further – the agreement) – the civil contract for rendering GOBMP signed between the customer and the supplier, which is acting on the basis of the Civil Code of the Republic of Kazakhstan;

15) placement of GOBMP – determination of amounts of GOBMP by the commission and placement among the potential suppliers conforming to requirements of these rules within the funds allocated to customers.

Chapter 2. Procedure for the choice of the service provider on rendering GOBMP

Paragraph 1. Basic provisions of the choice of the service provider of GOBMP

3. The choice of the service provider of GOBMP is performed at the expense of means of the republican budget for the following types of medical care:

pre-medical;

qualified, specialized, high-technology medical service, medico-social which appear in the following forms:

1) the out-patient and polyclinic help including:

primary health care;

consulting and diagnostic help with the direction of the specialist of primary health care and profile specialists;

2) stationary medical care in the direction of the specialist of primary health care or the medical organization, according to the emergency indications – regardless of direction availability, including rendering health care by the republican organizations:

medical services by the patient: mental, oncological diseases and tuberculosis, alcoholism, drug addiction and toxicomania;

medical services in sanatoria;

3) hospital-replacing medical care in the direction of the specialist of primary health care or the medical organization, including rendering health care of medical services by the republican organizations by the patient: mental, oncological diseases and tuberculosis, alcoholism, drug addiction and toxicomania;

4) recovery treatment and medical rehabilitation.

At the expense of means of the local budget, including the target current transfers allocated 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.

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

4) publicity and transparency of the procedure of the choice of the supplier;

5) fair competition among potential suppliers;

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

5. The choice of the supplier is performed according to the decision of the customer:

1) based on the individual funding plan approved by the administrator according to obligations and (or) the legal decision of consultative advisory body under authorized body;

2) on GOBMP placed not in full;

3) on the released amount of GOBMP as a result of non-execution and (or) not proper execution by suppliers of undertaken obligations under the signed contracts for rendering GOBMP;

4) on the allocated additional money on rendering GOBMP, including at the expense of the means released by results of quality control and amount.

On the allocated additional money of GOBMP takes place the customer without holding procedure of the choice of the supplier in cases:

value additions of rates, including owing to review of types of the high-technology medical services determined according to Item 2 of article 42 of the Code about health;

changes of number and (or) gender and age structure of the attached population to the subject of health care rendering PHC;

changes of the amount on stimulation of workers of the subject of the health care rendering PHC on the basis of the achieved indicators of resulting result, according to the Rules of encouragement of employees of the organizations of health care participating in rendering complex of actions within the guaranteed amount of free medical care, approved by the order of the acting minister of health care of the Republic of Kazakhstan of May 29, 2015 No. 429 (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 11526);

allocation of additional money for compensation of the rendered medical services over the provided amount of GOBMP as a result of the free choice by the population and (or) growth emergency and emergency medical service;

on compensation of leasing payments for the medical equipment acquired on the terms of financial leasing within GOBMP;

on determination by the customer of need of rendering additional amount of services;

for again entered health care facilities corresponding to the criteria shown to potential suppliers by these rules.

6. The choice of the supplier within the current financial year in connection with allocation of additional resources is performed according to the decision of the customer among suppliers with whom contracts for rendering GOBMP for the current financial year, and (or) are signed with involvement of new suppliers.

7. The criteria shown to the potential supplier of GOBMP:

1) to have legal capacity (for legal entities), civil capacity to act (for physical persons);

2) to be solvent, not to have tax debt;

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

4) to have material and manpower.

8. The potential suppliers accredited in health sector have the privilege to the conclusion of the service provision agreement GOBMP.

Paragraph 2. Choice of the service provider of GOBMP and placement of GOBMP.

9. The customer informs potential suppliers of GOBMP on the beginning of the choice of service providers on rendering GOBMP by publication of the announcement in form according to appendix 1 to these rules in the periodic printing edition distributed in the territory of the respective area, the cities of Astana and Almaty and Internet resource of the administrator in 5 (five) working days prior to end date of order taking for participation.

10. The application for participation in the procedure of the choice of the service provider of GOBMP is provided in form according to appendix 2 to these rules in time, determined by the customer.

The following documents of the potential supplier are attached to the request:

1) notarially attested copies:

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

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

trust management agreement (in the presence);

licenses for occupation medical activities and the appendices to them confirming the right to rendering the declared medical services and arrangement of production base of the potential supplier in the place of their rendering in the administrative territorial unit specified by the customer in the notice on implementation of the procedure of the choice of the supplier (electronic the license and appendices to it notarially is not witnessed);

2) copies:

the identity document (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 is also submitted);

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

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