scholarly journals Analysis of regulatory and legal framework for regulation of the sphere of provision of medical services in Ukraine

2018 ◽  
Vol 6 (10) ◽  
pp. 5-13
Author(s):  
O. V. Ustymchuk

The article analyzes the basic legal acts which regulate the sphere of medical services provision from the point of view of their relevance to the strategic principles of reforming the medical sector in Ukraine as a sphere of providing quality medical services. Attention is paid to the fact that they have a general discrepancy between the social significance of the healthcare industry, as well as the constitutional status of the right to health protection, and the unjustified low level of theoretical substantiation of the branch legal regime in the field of healthcare. The necessity of further substantiation of the independence of medical law, which should be formed in a separate branch, is emphasized. The perspective directions of conceptual modernization of the field of medical regulation in Ukraine in the part of strengthening its social orientation are determined. The emphasis is on the main directions of the reform in the sphere of provision of medical services in the framework of the Strategy of sustainable development ‘Ukraine – 2020, which should ensure its long term development on the basis of orientation to the quality of services, their economic feasibility and social orientation. The financial-economic component of the state management in the health care is singled out and its importance under the current conditions is emphasized. It was shown that it manifests itself not only in the financial provision of health care activities, its institutions, but also in the development and implementation of measures to control compliance with the rule of law by the subjects of the medical market. Insufficient financing of the industry coupled with instability and inadequacy of public administration and legal regulation of the system. These are the main causes of the problems in the development of the domestic health care system. The size of the guaranteed level of medical care to the population with avoiding the shadow payment of medical care also requires defining. Priority of the resolution of the primary tasks of the healthcare system puts the problem of developing recommendations on improving the organizational forms of industry management and the mechanism of legal provision of its progressive development to the problem of public administration, which is the article directed to.

2021 ◽  
Vol 37 (1) ◽  
pp. 80-83
Author(s):  
A.M. Shakhaeva ◽  
◽  
D.A. Verdieva ◽  

The relevance of the research topic is determined by the importance of medicine for modern society. The right of a citizen to timely medical care is enshrined in the Constitution of the Russian Federation and is one of the most important social obligations of the state. The need for legal regulation of this sphere arises from the variety of types of medical care and the variety of medical services. Taking into account that medicine affects the health of citizens and if the quality of services is inadequate, it can lead to significant harm to the patient, up to death, the legal basis for providing medical services should be elaborated in detail and avoid double interpretation of various legal norms. With the introduction of market principles in Russia, a new sphere of providing medical services to the population – paid. This allowed us to solve a number of problems related to improving the quality of medical services, their availability in terms of receiving highly specialized care, and reducing the burden on the insurance medicine system. At the same time, the need for a detailed legal justification for the provision of such services has become obvious, and, first of all, the issues of the contract for paid medical services, as the main form of business relations, enshrined in civil law. It is necessary to pay attention to the fact that in modern Russian legislation there is a certain discrepancy between the social significance of the health care industry, as well as the constitutional status of the right to health protection and an unreasonably low level of theoretical justification for the branch legal regime in this area of health care. Therefore, it is necessary to further modernize certain provisions of medical law that regulate various aspects of the provision of medical services. This includes issues related to the contract for paid medical services.


2021 ◽  
pp. 5-8
Author(s):  
Oleksandr RADCHENKO

The study identified key factors in the effective management of the health care system. Emphasis was placed on defining mechanisms and tools for public administration of the national health care system, which determine profound systemic changes in the reform of the industry and developed an improved methodology for assessing the results of effective development of public administration mechanisms through the transformation of procedures and rules governing the interaction of agents. market of medical services of Ukraine. These provisions, in fact, necessitate an analysis of the development of public administration mechanisms in the field of health care in Ukraine as a subject of study, and their interaction in the process of systemic changes in the industry to establish links between major categories. Based on the analysis of the results of the study, the current state of the health care system of Ukraine as a prerequisite for the modernization of the medical sector and increase its competitiveness. State regulation of the health care system should be divided into specific types of regulatory actions that would determine the subject, content, structure of the object of regulation and other parameters. The system of public administration is a set of rules, laws and procedures governing the interaction of participants at the national level. The determinants of the development of mechanisms of state management of the medical sector of Ukraine (socio-political, economic, demographic, socio-cultural) are determined and substantiated. The main reasons that hinder the development of the market of medical services in Ukraine are identified and the main directions and tools for overcoming these obstacles are outlined. The concept of systemic transformation of public administration mechanisms in the field of health care is substantiated, which defines the basic principles, among which are decentralization, democratization, self-regulation, autonomy, intensification, optimization of functions, which provides for diversification of ownership, sectoral governance reform, improving regional governance, financial reform, etc.


2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 502-508
Author(s):  
Vitaly V. Goncharov ◽  
Hussein Vakhaevich Idrisov ◽  
Sukhinina Sukhinina

This study analyses the impact of legal regulation that ensures the realization of the right to health care and medical care on the state of the health system. This study examines the concept and content of the right to health care and paid and free medical care, reveals the concepts of categories of quality and accessibility of medical services, and draws attention to their various aspects. The analysis of the current state of the health system is carried out. Some features of the provision of medical services to citizens are characterized, and the problems of violation of the right of citizens to medical care, the availability and quality of medical care are analysed. The study examines the varieties of health care management models existing in the world practice and reveals their advantages and disadvantages. The conclusion is made about the possibility of using individual elements of the studied models in Russian health care management.


2018 ◽  
Vol 5 (4) ◽  
pp. 397-410
Author(s):  
V. V. Omel’chenko

This article is a further continuation of the work on the review of the foundations of public administration of the use of national resources in relation to the field of scientific and state scientific and technical activities in the Russian Federation. The basic functions of the state management of scientific and technical activity are considered from the system positions, the analysis of the existing legal regulation of preparation and acceptance of system of scientific specialties on which scientific degrees are awarded is carried out, system shortcomings of the approved nomenclature of scientific specialties on which scientific degrees are awarded are revealed. The substantiation of the classification system for “Nomenclature of scientific specialties for which scientific degrees are awarded” is carried out.


2020 ◽  
Vol 9 (27) ◽  
pp. 357-366
Author(s):  
Oleksandr Shevchuk ◽  
Volodymyr Maryniv ◽  
Yuliia Mekh ◽  
Oleksandra Shovkoplias ◽  
Oksana Saichuk

The article focuses on the need to respect human rights in the provision of medical services in Ukraine. It is strictly unacceptable to restrict citizens of Ukraine in receiving free medical services, since such a right is provided for by Art. 49 of the Constitution of Ukraine. It is proposed to consider that a medical service includes all types of medical care and is a special activity in relation to human health. The concept and main signs of medical services are revealed, it is established that the state, local governments, legal entities and individuals, including the patient, can be the customer of medical services. Ukrainian legislation governing the provision of medical services does not meet international standards. The positive experience of the EU countries (France, Denmark, Slovakia) and the world (Australia, Canada) shows that access to medical services is provided within the framework of medical insurance, in most cases free of charge, and is controlled by authorized state organizations. The purpose of the article is to determine the content, signs of medical services, classification criteria for their subjects, disclose the features of their legal regulation, clarify the problems of legalization of medical services and improve legislation taking into account foreign experience. The research methodology is based on a systematic approach, which is determined by the specifics of the topic of the article, and is also associated with the use of general and special research methods. The comparative legal method and the method of legal analysis were used in the study of legislative rules governing the provision of medical services. Using the method of legal analysis, groups of subjects of medical legal relations in the field of medical services are determined and their powers are analyzed. The formal logical method was used to differentiate the criteria for distinguishing between the legal structures “medical care” and “medical service”. The results of the study contributed to the identification of certain legal problems that arise when citizens receive medical services and require immediate resolution. It is also advisable to introduce compulsory state health insurance.


Author(s):  
Pavel Sergeevich Kotov ◽  
Viktor Georgievich Akishkin ◽  
Antonina Ramazanovna Nabieva

Medical service is a process of interaction between a doctor and a patient in order to improve health outcomes. The quality of medical services is influenced by various factors: a lack of equipment in the preventive health care facilities, pharmaceutical products supply, coordination of appointments of the patients, etc.). Accordingly, there appears a tendency to increase the demands for provision of medical services. The social significance of healthcare services renders the process of their provision as the category of mandatory measures for governmental control and regulation in all countries, with the purpose to provide access for all strata of the population and maintain the appropriate quality level. Therefore, the standards of medical services have become the main line of activity for many specialized international organizations and governments (personnel requirements, medical products and medicines, regulation of medical insurance, etc.). In turn, standardization creates significant entry barriers in the market of medical services. The need of implementing international and national standards for the provision of medical services and their convergence are stipulated by the specificity of the healthcare sector. International medical service trade, implementation of telemedicine technologies and innovative methods of treatment, standardization of production and consumption of medical services are modern trends that lead to the formation of the international market for medical services. The provision of medical services to patients of other countries in more than 50 countries is defined as one of the main directions of national development. Since the cost factor is an important determinant of competitiveness, patients from countries with highly developed health care system go to developing countries where they receive medical services of good quality at lower prices. In light of the above, the article analyzes the stages of development of the medical service market depending on the level of economic development, preconditions for developing competitive advantages and the global factors that shape the trends of development of the international market of medical services.


Ekonomia ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 155-195
Author(s):  
Stanisław Wójtowicz ◽  
Kamil Rozynek

In this paper, we explore what the market for medical services and products could look like if the state completely withdrew from the area of medical care. In section 1, we demonstrate that medical services would be purchased mainly through direct payments and medical insurance. We analyse two models of medical insurance: guaranteed renewable insurance and health-status insurance. Other types of insurance that may emerge on the market are also discussed. In section 2, we exam-ine how the privatisation of the health-care system would affect the prices of medical services. We analyse fundamental problems of the state-run health care and discuss how they contribute to small-er supply and higher prices of medical services. We then describe how the introduction of market mechanisms would allow to solve many of these problems. We argue that internalisation of the costs of medical care in a free market order would create strong economic incentives for individuals to take better care of their health, and we contrast this with the state-run health care in which these costs are externalised. In section 3, we explore how medical services could be obtained by individuals without sufficient funds. In section 4, we discuss how the quality of medical care could be ensured without the help of the state. We argue that competition between service providers would be the main guarantor of quality. We also identify mechanisms that would lead to spontaneous emergence of a system of private medical licencing.


2018 ◽  
Vol 20 (1) ◽  
pp. 190-194
Author(s):  
V Yu Kravtsov ◽  
A I Solovev ◽  
I A Ivanov

The analysis of legal base of genetic researches in clinical practice is carried out. Modern standards of medical care are analyzed. The list of the diseases and pathological states demanding performance of genetic researches is made. The list of the medical services connected with genetic researches is also made. It is shown, that genetic researches make 10% of the nomenclature of medical services. From them about 60% medical services provide diagnosis of somatic pathology, the others are directed to identification of nucleinic acids of causative agents of infectious and parasitic diseases. Genetic researches are carried out mainly at a stage of specialized and primary medical care. Genetic researches are included in20% of standards of medical care. Genetic researches are conducted concerning 15 classes of diseases. More often genetic researches are conducted for diagnosis of the latent infections, enzimopatiya, hereditary diseases of a metabolism, and also cancer. There are some problems of cytogenetic and molecular genetic diagnostics in hospitals. Genetic researches are complex and expensive. Interpretation of the received results is difficult. It is necessary to develop standards of genetic researches. It is necessary to improve legal base of genetic researches.


2019 ◽  
Vol 21 (3) ◽  
pp. 15-22
Author(s):  
N V Allamyarova ◽  
E G Sanakoeva

The legislation in the field of e-health, adopted in 2017, opens fundamentally new opportunities in the development of medical care using telemedicine technologies. The article provides an analysis of regulatory legal documents that establish the legal framework for the provision of medical care using telemedicine technologies. An assessment is made of the current state of telemedicine legal regulation in Russia. The law on telemedicine requires adjustment and refinement of existing regulations, procedures, standards of medical care with a detailed regulation of tools and situations of their application.


Author(s):  
Oksana Strelchenko ◽  
Alexey Bukhtiyarov ◽  
Iryna Bulyk

Health is the greatest social and individual value, a priority criterion of socio-economic development of the country, and alsolargely determines the state of social well-being of citizens. The creation of departmental medicine in the system of the Ministry ofInternal Affairs was due to the need to perform a number of special tasks, including: medical and psychophysiological examination,medical support of operational and service activities of employees of the Ministry of Internal Affairs of Ukraine. It should also be notedthat medical relations exist not only in the sphere of activity of health care institutions subordinated to the Ministry of Health ofUkraine, but also departmental ones, in particular those within the sphere of management of the Ministry of Internal Affairs of Ukraine.Such facilities provide medical services to the appropriate categories of persons who have the right to be served in them, including thepolice. The activities of bodies and units of the National Police to generate their own revenues are not only a socially oriented way toattract additional financial resources to ensure the effective implementation of these units of state functions, but also solves a numberof current issues of social protection of police: the state must create conditions providing police. At the present stage of state formation,according to the current legislation, there is a network of departmental health care facilities, which are maintained at the expense ofbudget funds. Such a network includes, along with clinics and hospitals, and health facilities (boarding houses, medical rehabilitationcenters, recreation centers, etc.), cultural and sports organizations. In this context, the social protection of police officers should be consideredin a broad sense, including a number of important components that are directly related to the provision of money. The issue ofthe widespread perception of social protection includes health care, as the provision of the latter undoubtedly allows to obtain a pronouncedsocial effect. Medical support of police officers has a clear social orientation, this is what the functioning of departmentalmedi cine of the Ministry of Internal Affairs of Ukraine is aimed at.


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