Issues on Regulation of Medical Services Contract in the Context of Healthcare Reform in Russia

2016 ◽  
Vol 6 (1) ◽  
pp. 7
Author(s):  
Marine Zaurovna ABESALASHVILI ◽  
Lyudmila Aleksandrovna ERTEL ◽  
Rafael Filevich MUSTAFIN ◽  
Rustem Askarbaevich TKHAKUSHINOV

The submitted article covers some issues of regulations of contractual medical services in the Russian Federation. The contemporary state of regulations in connection with contractual medical services providing, as opined by many researchers, leaves much to be desired. Medical services contract, being a particular case of fee-based services contract has its specifics which must be reflected in regulations. The authors study the issues on setting the terms of services quality in the contract, quality and result relation in the context of healthcare system reform tasks, one of which is medical services quality improvement. In a medical services contract the quality of medical services is related by authors to their standards. Conclusions and offers on improvement of legal regulation are based on the study of issue’s background, current legal regulation, opinions of other researchers on commercial medicine. The result guarantee prohibition offered by authors in medical services contract, more detailed specification of terms and conditions, information mandatory for submission to patients will allow to protect consumer’s rights and decrease abuse in commercial medicine.

Author(s):  
Constantin Etco ◽  

One of the priorities of the health care system in Moldova is the medical services’ quality improvement. Th is article presents various defi nitions for health care quality and the principles connected with quality improvement. An important part in this article is allocated to the structure and main principles of total quality management in the health care system. Th is part reveals the problems of the commissions that are studying the quality of medical services in healthcare establishments.


Author(s):  
Andrey G. Lukin ◽  
Sergey N. Cherkasov ◽  
Alexander R. Saraev

In the article the authors proposed to consider the economic content of medical services from the points of view of the mutual influence of medicine and economics in the system of public relations; identified the factors determining the increasing influence of economic categories on the provision of medical services at the current stage of socio-economic development of the Russian Federation; analyzed the consequences of such increased influence on the quality of medical services. In particular, the authors noted that at the present stage there has been a tendency to absolutize the economic influence on medicine and grow it into the essence of medical service and healthcare in general. The authors justified that it is impossible to put an equal mark between a medical service and an economic service, since they are aimed at achieving different results. As the main result of the work, the authors made a conclusion that the current economic content of medical services in the country, including its legal regulation, both civil and administrative, does not fully meet both the needs of its consumers and the requirements of its providers. In this regard, the authors proposed to expand the range of economic instruments used to ensure high quality on the one hand, and on the other hand, accessibility of medical services.


2021 ◽  
Vol 118 ◽  
pp. 02013
Author(s):  
Svetlana Petrovna Kazakova ◽  
Olesya Aleksandrovna Kukhareva ◽  
Ekaterina Viktorovna Tkachenko ◽  
Asiya Nailevna Yusupova ◽  
Dimitri Oleynik

The study’s objective is to develop theoretical provisions revealing the conceptual features of forming and implementing conciliation procedures. The authors pay special attention to the most controversial issues that prevent their dissemination in the Russian Federation. The methodological basis of the study consisted of dialectical analysis, which allowed to evaluate the results of rule-making and law enforcement; the comparative-legal method contributed to an objective assessment of the quality of existing legislation; the systematic method allowed to interpret the categorical apparatus on the example of studying “conciliation procedures”; the method of legal modeling allowed to formulate a model of conciliation procedures, which has a separate, independent place in the legislation of several countries. The result of the work was to draw attention to the meaning of “conciliation procedures” in its empirical and functional aspect and to prove that conciliation procedures, with their objective and subjective justification, are a fundamental category of modern objective law, in which the freedom of choice of subjects of law is not limited to permissive and administrative means, but must be justified by the essence of the dispute being resolved and the final result. The study’s novelty is the conclusion that in some cases, the reference to legislation providing for “conciliation procedures” for legal entities is not always consistent and does not reflect its ontological nature. For, conciliation procedures, expressing an example of the permissive rule of Russian legislation with the peculiarities of its legal regulation of certain legal institutions, should be aimed at developing voluntary settlement by the parties to a legal dispute as a special type of social conflict.


Author(s):  
S. N Puzin ◽  
S. S Memetov ◽  
Marina A. Shurgaya ◽  
I. G Gal

Tasks of the organization of medical care at the present stage lie in the effective and economical use of available health care resources and in the increase of the accessibility and improvement of the quality of medical services. The effectiveness ofprovision of medical services to veterans is based on the systematic monitoring and permanent implementation of health measures aimed on social support of the older generation, along with the maintenance and preservation of health. Emerging trends of population aging as a complex phenomenon of the general civilizational character, reflect at the same time the results of the sequential implementation of legislation in relation to older people in the Russian Federation at Federal, regional and municipal levels. In the current socio-economic conditions on the territory of the Rostov region (RR) there was created and developed and a comprehensive system of rehabilitation ofdisabled persons. In the article there is highlighted the activity of the RR "Hospital for veterans of wars", which in the region is the only the state institution intendedfor the provision of specialized medical care to participants and invalids of the Great Patriotic War and equivalent categories of the population


2021 ◽  
Vol 16 (12) ◽  
pp. 24-34
Author(s):  
V. S. Goleshchikhin

The quality of legal and technical elaboration of amendments to the Constitution of the Russian Federation, approved by the all-Russian vote on July 1, 2020, does not correspond to the level of the Basic Law. Oddly enough, the constitutional legislator ignored a number of basic technical means, rules and methods of legal technique. Thus, the constitutional amendments were drafted without taking into account the requirements of the structural organization of the legal act, namely: many new norms were included in inappropriate articles, the transitional provision on "resetting the deadlines" was duplicated in the main text of the Constitution. The authors of the amendments abandoned criteria of efficiency and compactness of legislative norms, having included an identical set of restrictions in nine articles of the Constitution in relation to various categories of officials. The text does not meet the requirement for uniformity of legal regulation, legal structures, the unity, simplicity and brevity of terminology: the scope of constitutional restrictions for various categories of officials differs somewhat without any objective reasons; there is no uniformity in the issue of the possibility of establishing additional requirements for officials by laws, “bifurcation” of the titles for senators (who in Chapter 9 of the Constitution are still referred to as members of the Federation Council). Insufficient attention to the requirement of consistency of legal norms has led to the creation of a new contradiction between Art. 71 and 72 of the Constitution of the Russian Federation. Amendments also have a number of other legal and technical defects. Such serious and numerous defects in the legal technique of amendments to the Constitution of the Russian Federation became a natural result of a steady decline in the quality of federal legislation that has lasted for a long time. Constitutional amendments clearly demonstrate an insufficient level of legal culture in our country, which sharply raises the question of a radical improvement in the quality of legal technology, and legislative technology in particular.


2019 ◽  
Vol 23 (3) ◽  
pp. 311-332
Author(s):  
Nikolay L. Peshin

Legal regulation of issues of public control and supervision is one of the problems of legal theory and practice. Underestimating of the place and features of municipal control in the system of public control and supervision is the cause of the poor quality of legal decisions taken, as well as legislation adopted at the level of both the Russian Federation and individual constituent entities of the Russian Federation. Municipal control in the system of public control and supervision, developing recommendations aimed at overcoming the shortcomings of legal regulation and practice of implementing municipal control. Methods: general and private scientific methods of cognition of objective reality (analysis, synthesis, abstraction, analogy, comparative legal, formal legal, and other methods of scientific cognition). The article deals with issues of relationship between state and municipal (public) control carried out by local self-government bodies - as a rule, due to the need to solve tasks that fall within the competence of state power. The problems of its independent implementation are studied based on the principles of local self-government - self-organization and self-control. A detailed analysis of the current legislation, allowing local governments to act as “controlling agents” of state power, is conducted, and based on this analysis, conclusions are made about the existing of municipal public control in the system of local self-government as a specific public phenomenon combining elements of public law and private law regulation. As a state, the Russian Federation is faced with the task of drastically improving the system of control (supervision) as a function of public power, and therefore the already initiated legal reform in this area will undoubtedly continue. In the context of the development of civil society and an open state, the development of forms of public control is also necessary, the lack of which creates a sense of “permissiveness” among the subjects of public power and inevitably leads to a decrease in the efficiency of public authority. Municipal public control within the framework of this system of public-state control should be oriented, including intra-system, at identifying deficiencies in the work of the bodies and officials of local self-government that impede the improvement of the quality of management and organizations. As a result, municipal public control should contribute to a safer for citizens to work and provide services to individuals and legal entities. Sphere of constitutional, administrative and municipal law; questions of the organization of state power and local self-government in the subjects of the Russian Federation; questions of control and supervisory activities. Separate existence of municipal authority does not mean the lack of interaction of local selfgovernment with state administration, non-coincidence of municipal formations under the influence of state-governmental structures, denial of influence of state on local self-government. State power has a significant impact on development of basic social processes predetermining the peculiarities of the implementation of public control by the municipal government. The implementation of supervisory activities, including at the local government level, is an important part of the stable, uninterrupted functioning of the state.


Author(s):  
M.A. Davliatova ◽  

The paper is devoted to the analysis of known methods of communication servicesquality control, as well as presented innovative proposals developed by the author.: method of external quality control of services provided by the communication network (Patent for invention of the Russian Federation №2669535), aimed at solving a technical problem, which consists in presenting objective data on the quality of the provided services to consumers of communication services without their interference in the process of network functioning; billing method, taking into account the quality of the provided communication services (Patent for invention of the Russian Federation №2708512), aimed at expanding the functionality of billing systems and allowing to objectively determine the level of quality of the provided communication services for the subscriber; an automated system and method for accepting payments for high-quality communication services (Patent for invention of the Russian Federation №2705422), aimed at increasing the awareness of operators about the quality of communication services, accurate to the element of a composite communication channel.


Legal Concept ◽  
2020 ◽  
pp. 110-115
Author(s):  
Ekaterina Vavilova

Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.


Author(s):  
Олег Алексеевич Свидерский

В статье поднимаются отдельные вопросы правового характера оказания медицинской помощи сотрудникам УИС в лечебно-профилактических учреждениях ФСИН России, МВД России, Минобороны России, а также в учреждениях государственной или муниципальной систем здравоохранения. Проведен анализ нормативных баз Минздрава России и Минюста России, в которых осуществляется регламентирование вопросов оказания медицинской помощи. Показано, что в федеральных и ведомственных нормативно-правовых актах Минюста России законодательно не закреплен порядок оказания высокотехнологичной медицинской помощи по перечню видов, которые не включены в базовую программу ОМС. В целях устранения пробела в законодательстве предлагается медицинской службе ФСИН России разработать соответствующий регламент, в котором прописать перечень необходимых документов и порядок направления на лечение нуждающихся сотрудников. Проведенный опрос сотрудников УИС показал, что более 2/3 респондентов недовольны не только условиями, в которых оказываются медицинские услуги, но и качеством оказанной им медицинской помощи. Рассмотрены права и возможности сотрудников УИС по предъявлению претензий к лечебному учреждению в случае неудовлетворенности качеством оказанной медицинской услуги (помощи). Анализируются проблемы правового регулирования и практического решения вопроса, оценки качества оказанной медицинской услуги (помощи). Предлагается сформировать в системе ФСИН России институт экспертов по оценке качества медицинской помощи. The article raises certain issues of the legal nature of the provision of medical assistance to the penal correction system in medical institutions of the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of the Russian Federation, the Ministry of Defense of the Russian Federation, as well as institutions of the state or municipal health systems. The analysis of the regulatory framework of the Ministry of Health and the Ministry of Justice, which regulates the provision of medical care. It is shown that the federal and departmental regulatory legal acts of the Ministry of Justice do not legislatively regulate the procedure for providing high-tech medical care according to the list of species that are not included in the basic program of compulsory medical insurance. In order to fill the gap in the legislation, it is proposed that the medical service of the Federal Penitentiary Service of Russia develop an appropriate regulation in which a list of necessary documents and the procedure for referring treatment to needy employees are prescribed. A survey of employees of the penal correction system showed that more than 2/3 of respondents are dissatisfied not only with the conditions in which medical services are provided, but also with the quality of medical care provided to them. The rights and possibilities of the penitentiary system staff to make claims to a medical institution in case of dissatisfaction with the quality of the medical service (assistance) provided are examined. The problems of legal regulation and practical solution of the issue, assessing the quality of the medical service (assistance) provided are analyzed. It is proposed to form an institute of experts in the FSIN system for assessing the quality of medical care.


2018 ◽  
Vol 25 (4) ◽  
pp. 97-101
Author(s):  
G. A. PENZHOYAN ◽  
G. Yu. MODEL ◽  
T. I. KOSTENKO

In this research are presented the modern approaches to the management improvement in a medical institution for providing high  quality medical services. Here are also presented the main stages and  results of the international ISO 9001 standard implementation. The  purposeful and systematic efforts for maintaining and improving the  quality system management processes allow us to use ISO 9001 as a highly effective instrument for the constant improvement of medical care quality.


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