scholarly journals Principles of Legal Regulation of the State Model of National Health Care

2021 ◽  
Vol 16 (3) ◽  
pp. 85-96
Author(s):  
A. A. Mokhov

In the healthcare industry, and in general, in the sector of citizens’ health care of the Russian Federation, a number of problems have accumulated that require an immediate solution. Many of them cannot be solved without serious organizational, legal and other changes, significant modernization or change of the current budgetary and insurance model of the industry under consideration. The request to change the current model escalated due to the events of the first half of the 2020, namely due to the COVID-19 pandemic, the managerial, financial and other solutions that followed its development in health care and other spheres of the society. In connection with the discussion in the expert and political circles of the state model of national health care, the author discusses the question concerning possible principles (fundamentals) of the legal regulation of the health care. The author proposes the following principles: the principle of legality; the principle of sectoral planning; the principle of information openness (transparency); the principle of equality of citizens’ rights to medical care in state health-care organizations; the principle of ensuring free medical care in state health organizations; the principle of inadmissibility of charging citizens for medical care provided in State health organizations; the principle of referring public health as a factor to ensuring national security and other types of national security; the principle of ensuring access of citizens to medical care, medicines, medical devices, other means of medical use, medical technologies; the principle of continuity and phasing in the provision of medical care, and a number of other principles.

2020 ◽  
Vol 5 (5) ◽  
pp. 28
Author(s):  
Dmytro Bilinskyi ◽  
Mushfik Damirchyiev

The purpose of the paper is to analyze the current legislation on medical reform in the context of harmonization with international standards. In the conditions of social state building in Ukraine, the thesis is axiomatic regarding that the state should show concern for their citizens, including for the protection of their health. In this context, it is relevant to study the implementation of medical reform in Ukraine, since its content and the degree to which the proclaimed provisions are enforced depend on the ability of each person to access quality health care. Methodology. The article is based on international legal acts, laws and by-laws of Ukraine in the field of legal regulation of medical care. Both general scientific and special methodology were used for the research. Methods of analysis and synthesis, method of description, method of induction, method of deduction, method of correlation, etc. were applied. Results. The article defines the directions for harmonization of the legislation of Ukraine on health protection in accordance with international standards. Based on the ECHR practice, proposals have been formulated to improve the legislation of Ukraine. Conclusions. The ECHR has repeatedly concluded that the right to health is complex and includes: the right to information about one's health and the confidentiality of such information; the right to health care; the right to choose the doctor and the remedies freely; the right to a safe environment that affects health and so on. The state does not cover all aspects of providing medical care to citizens, but resorts to limited funding, since the state budget funds are only one of the types of sources of financing. Practical implications. We have formulated the following tasks: to analyze Ukraine's international legal obligations regarding health care; to identify major changes in health care financing and health care delivery in line with health care reform standards in Ukraine; to identify major health care funding issues.


Author(s):  
Oleksandr Komisarov ◽  
Yuriy Shvets

The article considers the main administrative and legal aspects of the state policy of national security of Ukraine in the field of health care. On this theoretical basis, the current challenges of medical reform are identified and proposals are developed to find the best ways to prevent and optimize them. Under the administrative and legal support of health care, we understand a set of organizational and legal forms and mechanisms to ensure socio-economic, health, anti-epidemic measures carried out by specialized organizations, the purpose of which is to preserve, strengthen and maintain human health, provide professional, high-quality and high-tech medical care to all who need it, as well as ensuring the availability of such care. It is concluded that the state policy of national security of Ukraine in the field of health care is aimed at creating such conditions for the health care system that allow for health education, disease prevention, provide medical care to citizens, conduct scientific research in the field of health care and training of medical and pharmaceutical workers, to maintain and develop the material and technical base of the health care system. Today in Ukraine the directions of the state policy of national security of Ukraine in the field of health care are determined by the European integration directions of our state and the commitments made by Ukraine in connection with the signing in June 2014 of the Association Agreement between Ukraine, on the one hand, and The EU, the European Atomic Energy Community and their Member States, on the other hand. However, the concept of health care reform in terms of its implementation to meet the relevant obligations has significant differences with the constitutional principle of free medical care, and therefore needs further refinement and improvement. It is substantiated that the highlighted topical issues of administrative and legal provision of health care should be taken into account in the implementation of the second stage of medical reform, which started on April 1, 2020. In addition, the experience of preventing and counteracting the spread of COVID-19 coronavirus infection should be an important aspect of health care reform.


Author(s):  
Vincenzo Gullà

The adoption of Telematics medicine or Telemedicine marks an important structural change in the mode in which deployment of medical care is being routinely provided. It is not a matter of using more or less developed technologies but mainly a deep change to the way in which countries and governments decide to provide and manage their national health care system. There is definitely a new paradigm taking place. Thus, the telemedicine approach implies deeply changing the way healthcare is provided. The authors are aware that this will take time, as does any cultural revolution, but for the time being, we need to start adapting our mentality and our networks to integrate and allow the two methods to cohabit together. Technology is one of the leading tools to allow this to happen, and it is necessary to understand what requirements are needed to get the maximum success. Years of experience have dictated the main rules and guidelines exploited in detail in this chapter.


2015 ◽  
pp. 1549-1569
Author(s):  
Vincenzo Gullà

The adoption of Telematics medicine or Telemedicine marks an important structural change in the mode in which deployment of medical care is being routinely provided. It is not a matter of using more or less developed technologies but mainly a deep change to the way in which countries and governments decide to provide and manage their national health care system. There is definitely a new paradigm taking place. Thus, the telemedicine approach implies deeply changing the way healthcare is provided. The authors are aware that this will take time, as does any cultural revolution, but for the time being, we need to start adapting our mentality and our networks to integrate and allow the two methods to cohabit together. Technology is one of the leading tools to allow this to happen, and it is necessary to understand what requirements are needed to get the maximum success. Years of experience have dictated the main rules and guidelines exploited in detail in this chapter.


Author(s):  
A. Kryzhevskyi ◽  
O. Kryzhevska

The article examines the state policy in the field of health care in the leading European countries: Sweden, Germany and France. The purpose of this article is to analyze and systematize the basic organizational and legal foundations of state health policy in the EU and to develop recommendations for improving and reforming the Ukrainian health care system. The research was carried out in terms of the principles of historicism, objectivity, versatility, complementarity and validity, which created a reliable methodological basis for a comprehensive analysis of the subject. The work used comparative law, formal law, system-structural, classification method, modelling method, specific statistics, historical law and other methods of scientific analysis in accordance with the subject of research. The paper argues that public health policy is unique in each country, and its formation has been influenced by the historical past, political regime, national mentality and other factors. The article emphasizes the need to create a special code of laws in this area in Ukraine during the reform of the health care system, which will contribute to the quality of legal regulation of relations between patients, health care facilities, insurance companies and the state. The authors believe that one of the further directions of reforming the health care system of Ukraine should first of all be the introduction of compulsory state health insurance. It is substantiated that insurance should be carried out on a tripartite basis: deductions from the income of entrepreneurs, deductions from the state budget and insurance premiums. The need to strengthen measures aimed at preventing the occurrence of the disease has been proved.


Author(s):  
Bram B. Baan ◽  
Suhariningsih Suhariningsih ◽  
Abdul Madjid ◽  
Yuliati Yuliati

Is giving the subsidy in the implementation of national health care security in line with the purpose of arrangement of Law of Republic of Indonesia Number 40 of 2004 on System of National Social Security? Health care security is a basic right of all citizens of Indonesia as regulated in Article 28 H paragraph (3) and Article 34 Article (3) of the Constitution of the Republic of Indonesia. This writing makes an analysis of the arrangement of subsidy of implementation of national health care security. Argumentation in this writing gives an analysis in doing reformulation of an arrangement of giving subsidy in implementation of national health care security as regulated in Article 14 paragraph (2) of Law of Republic of Indonesia Number 40 of 2004 on System of National social security, the program of national health care security is a program in the form of security done by the government, but in the implementation, it is done by using social insurance method. Premiums of poor people and deprived citizens are guaranteed by the state, formal premium is paid by the worker and employer while the informal worker pays the premium independently, by this system it makes injustice in the society. All costs of National health care security should be covered by the state as the aim of implementation of the Law of System of National Health Care Security and the government should use the method of system of security and not social insurance system.


2018 ◽  
Vol 32 (1) ◽  
pp. 69-73
Author(s):  
Samlee Plianbangchang

Purpose The purpose of this paper is to disseminate among concerned professionals its certain operational aspects, including some possible implications on health and medical care practices. Design/methodology/approach It is written on the basis of the author’s special study of a diverse source of information, as well as on author’s practical experience and observation in this particular area. Findings Special attention is paid to possible public health impacts within a broad social and economic framework, as well as to its impacts on the existing national health care systems in countries, that would possibly lead to certain degree of inequity in health at national level as an important consequence of health development progress. Originality/value Knowledge and understanding gained from this paper might be useful in the efforts to develop and manage national health care systems to ensure a reasonable balance in health status of people of all groups.


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