scholarly journals GAPS IN THE CONTRACT FOR PAID MEDICAL SERVICES

2021 ◽  
Vol 37 (1) ◽  
pp. 80-83
Author(s):  
A.M. Shakhaeva ◽  
◽  
D.A. Verdieva ◽  
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Modern Society ◽  
Legal Regulation ◽  
Medical Services ◽  
Social Significance ◽  
Legal Norms ◽  
Specialized Care ◽  
The Right

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.

scholarly journals Health system status as an indicator of the realization of the right to health care

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 502-508
Author(s):  
Vitaly V. Goncharov ◽  
Hussein Vakhaevich Idrisov ◽  
Sukhinina Sukhinina
Keyword(s):  
Health Care ◽  
Health System ◽  
Medical Care ◽  
Care Management ◽  
Health Care Management ◽  
Legal Regulation ◽  
Right To Health ◽  
Medical Services ◽  
Right To Health Care ◽  
The Right

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.

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
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Public Administration ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Social Orientation ◽  
Medical Services ◽  
Social Significance ◽  
State Management ◽  
Separate Branch

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.

scholarly journals INTERNATIONAL ECONOMIC STANDARDS OF MEDICAL PROVISION: LEGAL CHARACTERISTICS AND PROBLEMS OF IMPLEMENTATION IN UKRAINE

2020 ◽  
Vol 5 (5) ◽  
pp. 28
Author(s):  
Dmytro Bilinskyi ◽  
Mushfik Damirchyiev
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Care Delivery ◽  
Synthesis Method ◽  
Legal Regulation ◽  
Right To Health ◽  
The State ◽  
International Standards ◽  
Medical Reform ◽  
The Right

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.

scholarly journals The role of specialized rules of law in the mechanism of administrative and legal regulation of human rights of the fourth generation

2021 ◽  
pp. 209-213
Author(s):  
S.O. Boldizhar
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Medical Care ◽  
Legal Regulation ◽  
Fourth Generation ◽  
Public Authorities ◽  
Legal Norms ◽  
Characteristic Features ◽  
High Level

he article is devoted to the study of the role of specialized legal norms in the mechanism of administrative and legal regulation of human rights of the fourth generation. The study of specialized rules of law in the context of fourth-generation human rights is not given much attention. It is determined that specialized legal norms in the mechanism of administrative and legal regulation of human rights of the fourth generation occupy a prominent place, because due to their existence reflect its basic elements (principles, tasks, principles), which are fundamental in determining the vectors of administrative and legal regulation of human rights. generation. Among such norms, norms-principles, norms-tasks, norms-principles, conflict norms, operational norms, norms-definitions, norms-terms and norms-presumptions were singled out. It is emphasized that the norms-principles determine the provisions on state priorities, among which one of the main roles is played by health care. Based on this, the state should take the necessary means to maintain a high level of health and improve medical care using special methods. Norms-tasks are aimed at defining specific tasks for public authorities in the field of human rights of the fourth generation. The guidelines define the content and basic principles of legal regulation for the entire health care system during the organization and provision of medical care using special methods. Norms-principles can be narrower when we specify the relevant human rights of the fourth generation. It is emphasized that the conflict rules in this area determine the choice to be made in case of competition of legal norms, and operational rules of law determine the order of validity of other rules until the entry into force of other rules. Emphasis is placed on the fact that among the system-simplifying norms of law in the studied area there are norms-definitions, norms-terms and norms-presumptions. Norms-definitions define basic concepts that are logical and contain the characteristic features of the concept. Deadlines are aimed at defining and calculating deadlines. In the context of transplantation of anatomical materials, presumptive norms play an important role, which determine the assumptions about the consent or disagreement of a person to remove anatomical materials from him after his death for the purposes of transplantation.

scholarly journals Legal regulation of the institute of family medicine

2020 ◽  
pp. 45-50
Author(s):  
V.V. Mirgorod-Karpova ◽  
B.O. Pavlenko ◽  
V.V. Smal
Keyword(s):  
Primary Care ◽  
Health Care ◽  
Family Medicine ◽  
Health Care System ◽  
Family Doctor ◽  
Legal Regulation ◽  
Medical Services ◽  
The Family ◽  
Care System

The article is devoted to the issue of legal regulation of medical services in Ukraine. The main focus is on family medicine and regulation of the relationship between the family doctor and the patient with whom the declaration was signed, as well as the topic of reforming the health care system of Ukraine, which began in 2015. After all, it was the reform of the health care system that opened such a state institution for Ukraine as family medicine. The relevance of this research topic is that the quality of medical services is one of the main indicators of the effective functioning of the health care system. It is the factor of proper provision of medical services that contributes to: population size, mortality, life expectancy and, in general, public health and population demographics. These important factors determine the development of the state and its socioeconomic situation. If we do not take into account the modern fundamental factor of quality, the medical system will not be able to function properly, and as a result will have problems and shortcomings that will prevent the country from moving forward, both in medicine and in other areas. After the implementation of the first stage of reform, the Ukrainian health care system has undergone significant changes. The main of which was family medicine and all its principles and innovations. The topic of family medicine in Ukraine is quite important, because the family doctor is almost the first to whom the patient turns, so attention should be focused on primary care in order for this institute of medicine to function well and efficiently. Today, Ukraine faces a problem such as the COVID-19 pandemic, which has led to certain gaps in health care, such as inefficient and poor quality of primary care services, lack of responsibility for quality on the part of both doctors and patients, and society. dissatisfied with the reform of the health care system in Ukraine, and the lack of legal force in declarations between family doctors and patients is also a problem today. These problems were not so obvious and noticeable before the COVID-19 epidemic, but it is this situation with the coronavirus that highlights all the above gaps.

scholarly journals Constitutional Right to Health Protection and Medical Care in Ukraine in the Context of the Pandemic COVID-19

2020 ◽  
Vol 13 (4) ◽  
pp. 99
Author(s):  
Yurii Nikitin ◽  
Valentyn Zolka ◽  
Mykhailo Korol ◽  
Yaroslav Kushnir ◽  
Nadiia Demchyk
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Personal Data ◽  
Legal Regulation ◽  
Right To Health ◽  
Health Protection ◽  
International Standards ◽  
Personal Data Protection ◽  
Control Functions ◽  
The Right

The content of the right to health protection and medical care according to Ukrainian legislation is analyzed in the article as well as peculiarities of its realisation in the context of the pandemic COVID-19. It examines also the correlation between the notion “health protection” and “medical care”. On the basis of this correlation, the conclusion is made that the right to health protection is broader and includes, but is not limited to, the right to medical care. Some international standards in the sphere of health protection, which constitute the basis of Ukrainian legislation in this area, are analyzed. The conclusion is made that Ukraine should take into account such standards while limiting human rights, in particular, the right to health protection and medical care in the context of the pandemic COVID-19. It is mentioned that the significant problem remains the legal regulation of quality control of medical care, the creation of organizational technologies with a clear division of control functions between the various actors in the health care system, which is extremely important in terms of the pandemic. The attention is also paid to the personal data protection issue in the sphere of health care. The conclusion is drawn that there should be mechanisms for reporting and protecting against abuse while collecting personal data, and people should be able to challenge any COVID-19-related measures for the collection, aggregation, storage and further use of their data.

scholarly journals MODERN APPROACHES TO THE IMPROVEMENT OF THE INSTITUTE OF PAID MEDICAL SERVICES IN RUSSIA

2019 ◽  
Vol 6 (1) ◽  
pp. 119-131
Author(s):  
A. V. Panov ◽  
T. Yu. Bykovskaya
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Medical Services ◽  
Economic Regulation ◽  
Medical Organization ◽  
Gradual Development ◽  
Quality Of Medical Care ◽  
Almost All

The article pertains the main problems faced by manufacturers and consumers of paid medical services. The increase in the volume of paid medical care prevails in the fields of dentistry, diagnostics and cosmetology. Of course, the expansion of voluntary medical insurance in almost all areas of medicine, further digitalization and gradual development of commercial outpatient care will be promising areas in the domestic health care. After all, currently every fourth outpatient medical organization is private owned. In this regard, taking into account the foreign and domestic experience of modernization of the medical services market, the paper comprehensively analyzes the trends in the development of commercial medicine within the legal, organizational and socio-economic regulation of the health care industry. Marketing tools to optimize the system of paid services are presented. The key role of mechanisms of public-private interaction in health care management is proved. Integrative approaches to the problems of introduction and development of paid medical services, considered in this study, will allow to systematize and to adjust the extra-budgetary activities of medical organizations while simultaneously increasing the availability and quality of medical care in Russia.

Improving rural health care through business process management

2020 ◽  
pp. 20-26
Author(s):  
E. A. Bakirova ◽  
◽  
E. N. Mingazova ◽  
◽  
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Rural Population ◽  
Business Processes ◽  
Public Health Problem ◽  
Process Approach ◽  
Medical Services ◽  
Specific Situation ◽  
Medical Organization

Meeting the needs of the rural population in all types of primary health care (pre-medical and general medical care), as well as specialized medical care, improving the quality of medical care for the rural population is an important public health problem that is difficult to solve and is of particular concern to government structures at all levels of government. The article presents an analysis of the literature on the use of business processes in modern healthcare, the main tasks of which are the creation and development of effective models for the provision of medical care that increase not only its accessibility and quality, but also the satisfaction of the population. As part of the activities of the modernization program for the implementation of information technology in healthcare, it is planned to create information resources and services that would allow, using this system tool, to move to a qualitatively new level of organization of industry management. It is noted that at present, at the level of management of the medical organization as a whole, and in the management of individual areas of its activity, the application of the process approach is becoming relevant, in which the medical organization can be considered as a separate business system, which is a related set of business processes, the ultimate goal which, undoubtedly, is the provision of quality medical services. It is shown that the development and modeling of business processes will increase the relevance of management information, will make it possible to focus on rationalizing cross-functional processes to significantly reduce time and / or costs, increase revenue, improve service quality and reduce risks, the information system allows you to simulate processes and carry them out further optimization. The analyzed works examine the experience of process-oriented management in medical organizations and its role in ensuring the improvement of the quality of medical services provided. In addition, the introduction of a process approach will allow the application of certain managerial decisions necessary in each specific situation, including in the field of medical services for the rural population.

scholarly journals FORMALLY UNCERTAIN TERMS AS A MEANS OF LEGAL INFLUENCE

2020 ◽  
Vol 73 (4) ◽  
pp. 27-32
Author(s):  
Оleksandr Kurakin ◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Norm ◽  
Social Significance ◽  
Legal Norms ◽  
Legal Response ◽  
Ability To Act ◽  
The Subject

The effectiveness of legal influence on relations in modern society is determined along with other factors and the perfection of legal terminology used in regulations. The need to improve the quality of legal activity in Ukraine necessitates the study of the regulatory possibilities of legal terms, among which a special place is occupied by formally indefinite terms that cause formal uncertainty of legal norms. The use of formally indefinite terms in legal norms and the issue of legal influence in the domestic literature are not specifically considered, respectively, need further study to formulate certain scientific generalizations and practical recommendations that can be used to improve the legal regulation of public relations in Ukraine. The author proposes to consider the valuation concepts as enshrined in the legal norm abstract characteristics of the social significance of real or potential facts. It must be specified during its application or implementation. This ensures the legal response of the state to all individualized facts, which are characterized by the significance fixed in the legal norm. In addition, the specific features of intermediate concepts that distinguish them from the evaluative and formally defined are highlighted. Analyzing them, the author concludes that the categories of "legal regulation" and "legal influence" are correlated as general and specific, and the boundary separating them is quite conditional. Noting the inseparability of legal influence and legal regulation, the author points out that at the same time does not deprive them of differences. The subject of legal regulation is somewhat narrower than the subject of legal influence. The latter includes such economic, political and social relations, which are not regulated by law, but to which they in one way or another extend their influence. If legal regulation, as a special legal influence, in any case is associated with the establishment of specific rights and obligations of subjects, with direct instructions about what is necessary and possible, the legal influence is not always. The relationship, unity and separation of legal influence and legal regulation suggest the need for a generalized approach to these legal phenomena. This position is confirmed by the author, focusing on formally vague norms, in particular those that contain intermediate concepts. Such concepts have a special ability to act as a means of legal influence, both related and unrelated to legal regulation. This ability stems from the properties of intermediate concepts, primarily from the ability to be a means and source (and this is the influence) of legal regulation. Summing up, the author notes that one of the means of legal influence, which accompanies legal regulation and is not directly related to it, are formally vague, in particular, intermediate (semi-valued) concepts. The study of this category of legal terms, their place and role in legal techniques, the ability to regulate public relations and influence them is one of the ways to determine ways to improve the legal regulation of social relations in the modern state.

Quality of services of emergency medical care in terms of health care reform

2016 ◽  
Vol 10 (4) ◽  
pp. 102-111
Author(s):  
Алексей Белобородов ◽  
Aleksey Beloborodov ◽  
Елена Данилина ◽  
Elena Danilina ◽  
Екатерина Яковлева ◽  
...  
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Performance Indicators ◽  
Structural Model ◽  
Medical Services ◽  
Emergency Medical Care ◽  
Emergency Medical ◽  
And Performance ◽  
Definition Of

The article deals with the question of quality assurance of emergency medical care. It is of vital importance in terms of reforming the system of healthcare in the Russian Federation, as the quality and availability of various types of medical services are priority indicators of reform. Quality ensuring of emergency medical care is the most important socially significant task of health care, which lies in maintaining the health of people in extreme conditions and in meeting the challenges of mortality reduction. This is resulted in increased attention to research in this area. Quality ensuring of emergency medical services actualizes the task of improving of its assessment methodology. The methodological problems of services quality assessment in the system of emergency medical care limiting applied research are the subject of the study. The structure of emergency medical care is specified, the separation of concepts of "medical service" and "medical care" of services of emergency medical care is accomplished, and the concept of "medical care" is defined in the article. Based on the results of market research of patients’ satisfaction with quality of medical care in emergency hospital of Krasnoyarsk a structural model of services of emergency medical care has been created. This model reflects the patients’ understanding that the quality of service of emergency medical care is an integrated category, combining the quality of the result of medical services and quality of care. Content analysis of the definition of basic concepts in the field of quality of health care has allowed to formulate the concept of "service quality of emergency medical care”. Its difference is that the definition includes goal-setting of quality of emergency medical care as ensuring the effective medical care, as well as performance indicators of emergency medical care are formulated. The proposed concept and performance indicators of emergency medical care stimulate new directions for research in this area.

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