The normative legal regulation of medical care support of rare (orphan) diseases in adult population of The Russian Federation

Author(s):  
Т. P. Vasilieva ◽  
◽  
I. A. Komarov ◽  
O. Yu. Aleksandrova ◽  
R. A. Zinchenko ◽  
...  
2020 ◽  
Vol 17 (3) ◽  
pp. 78-82
Author(s):  
Anna Trutaeva

Introduction. The problem of ensuring equal scope of the right to palliative medical care of citizens living on the territory of various subjects of the Russian Federation is raised. The article describes the current legal regulation of palliative care in the Russian Federation and the existing problems of providing it. Purpose. The author aims to determine the place of legal regulation in the mechanism of ensuring the right to palliative medical care and ways to increase the degree of guarantee of this right. Methodology. Methods of analysis and synthesis, formal-logical and comparative-legal methods are used. Results. A brief overview of the current legal regulation at the Federal level and in the subjects of the Russian Federation is given, and the different scope of the right to palliative medical care of citizens living on the territory of different subjects of the Russian Federation is recorded. The article highlights the consequences of different approaches to the legal regulation of the issues under consideration, and suggests changes to them. Population by sex and age, the structure of its incidence and the degree of disability in subjects of the Russian Federation are not the same, and the bodies of state power of subjects of this level have the ability to define the needs of the population in the form of medical care that is consistent with the goal inherent in the activities of the bodies of state power of subjects of the Russian Federation in the field of social security, namely with regard to the influence of the specific features on the life of citizens and securing a reasonable differentiation of social security. Conclusion. It is concluded that it is necessary to fix the guarantee of palliative medical care in the normative legal acts of the subjects of the Russian Federation regulating the issues of public health protection, regardless of the territory of living, gender, age, diagnosis and stage of treatment.


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):  
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.


Author(s):  
Khabriev R.U. ◽  
Kolomiychenko M.E.

Palliative care as a separate type of medical care was enshrined in legislation 10 years ago. However, the law-making process is still ongoing. The guidelines for this type of medical care for adults and children have been approved twice. It must be noted amendments to the Federal Law in 2019 (which significantly expanded the definition and consolidated the "varieties" for the provision of palliative care), and the interdepartmental Regulation on the organization of the provision of this type of assistance was approved (which now includes not only the guidelines for this type of medical care for adults and children, but also provides for the guidelines for interdepartmental interaction). In addition, since 2019, regional programs for the development of palliative care in the constituent entities of the Russian Federation are being developed. Together with these documents, an action plan was approved for the implementation of the Strategy for the Development of Healthcare of the Russian Federation for the period up to 2025, in which the development of palliative care is designated as activities; action plan has been approved ("road map") "Improving the quality and availability of palliative care" until 2024 was approved, among the tasks of which: improving legal regulation, increasing the availability and quality of painkillers, developing infrastructure for providing palliative care in the constituent entities of constituent entities of the Russian Federation, training of specialists (medical personnel, clinical psychologists, social workers), public awareness about the provision of this type of medical care, the implementation of a multidisciplinary approach. This publication includes an overview of the legislation governing the functioning of the palliative care system in the Russian Federation.


2015 ◽  
Vol 96 (6) ◽  
pp. 1054-1057
Author(s):  
G M Khamitova

The problem of securing and protecting the citizens rights for the medical care delivery in the existing legislation is one of the most relevant in the modern Russian law. In domestic legislation the right to health and medical care is primarily enshrined in the Constitution of the Russian Federation. For example, the article 41 establishes the right to get free medical care in accordance with the state guarantees program of free medical care delivery to citizens, and to receive paid medical and other services. However, there are some peculiarities and problems of these rights implementation in minor patients. This article is devoted to the analysis of this problem certain aspects. In particular, it raises questions on the patient’s right to get information about his/her health status, enshrined in the Fundamentals (article 19) and the Law of the Russian Federation «On Protection of Consumers’ Rights of 07.02.1992». Quite controversial is the situation when the legal representatives of a minor under the age of 15 years strongly refuse medical intervention and hospital insists on it. Considering the features of the right ofminors to confidentiality, it should be noted that providing the information constituting patient’s confidentiality to legal representatives is not stipulated by the national medical legislation standards in case of minors over 15 years old. However, it should be taken into account that in case of harm infliction to a minor or unlawful interference with the minor’s health, the latters not having full legal capacity, are not able to protect themselves. Also in the current legislation in the field of donation and transplantation the problem of the minors lifetime donation regulation remains unsolved. In summary, it should be noted that, despite the relative development of the legislation on the minor patients rights, in reality unusual situations that create psychological, moral and ethical problems for doctors occur quite often.


2019 ◽  
Vol 62 (2) ◽  
pp. 95-102
Author(s):  
Konstantin V. Polyakov ◽  
N. M. Gayfullin ◽  
Zh. A. Akopyan ◽  
P. G. Mal'kov

The article presents analysis of national and foreign legislative documents concerning issues of expertise of quality of medical care according cases of lethal outcomes (Universal Declaration of Human Rights, the Constitution of the Russian Federation, ICD-10, Federal laws and sectoral orders). It is established that key elements of system of medical care quality control (levels of control, authorized authority, forms of control, sources of development of criteria of quality evaluation, criteria of quality evaluation) are determined legislatively and reflect main requirements of international documents. The criteria of medical care quality evaluation are developed by groups of diseases of conditions on the basis of corresponding of medical care support Procedures, medical care Standards, Rules of implementation of laboratory, instrumental, pathologico-anatomic and other forms diagnostic analysis and Clinical Recommendations (records of treatment) related to issues of medical care support. The shortcoming of the Russian Federation legislation is an inadequate reflection of sources of development of criteria of medical care quality evaluation and relevant incompleteness of the very criteria of medical care quality evaluation. Therefore, their application by experts to issues of evaluation of medical care quality is complicated that effects formation of expert conclusion and negatively affects detection and prevention of possible violations during medical care support. The outdated normative regulation of clinical pathologic anatomic conference is noted as an important form of control of medical care support according cases of lethal outcomes. The necessity of alterations and additions in particular currently in force documents concerning issues of expertise of medical care quality, including according cases of lethal outcomes.


2018 ◽  
Vol 12 (3) ◽  
pp. 112-119 ◽  
Author(s):  
A. M. Lila ◽  
R. О. Dreval ◽  
V. V. Shipitsyn

This article reviews data on the assessment of the incidence of rheumatoid arthritis (RA), ankylosing spondylitis (AS), and psoriatic arthritis (PsA, arthropathic psoriasis), as well as related disability and the economic burden of these nosological entities, including their therapy with biological agents. It considers the issues of organization and quality of medical care, drug supply, normative and legal regulation. The paper also shows the important epidemiological and socioeconomic importance of RA, AS, and PsA in Russia, points out the regional peculiarities of medical care and drug provision, and proposes solutions for their optimization at the federal and local levels. In preparing this investigation, the authors have taken into account the opinions of many specialists and experts in this field from different subjects of the Russian Federation.


The article discusses the issues of constitutional-law and special legal regulation of the human right to health and affordable and quality medical care. It is shown how this right is stipulated by constitutions and charters of subjects of the Russian Federation in accordance with the Constitution of Russia. Whereas the Constitution providing the right to health does not prescribe that medical care should be «affordable» and «quality», the author believes that these attributes are intrinsic to medical care because it is only affordable and quality medical care that is a guarantee of realization of the right to health. Health is considered by the author as a prerequisite of using other rights and freedoms. Using the comparative-law methodology, the author analyzes constitutions and charters of constituent entities of the RF and concludes that less than a half of them have provisions concerning the right to health protection and medical care. At the same time, under Constitution protection of human rights shall be within the joint jurisdiction of the Russian Federation and constituent units. It is emphasized that the special role in protection of the human right to health on the sub-federal level belongs to regional constitutional (charter) courts, some examples from their practice are given.


Author(s):  
Nadezhda P. Kuprina ◽  
Svetlana S. Paunova ◽  
Svetlana A. Kosobutskaya

The review reflects the priorities and main directions of development of compulsory medical insurance and legal regulation in the field of health care, as well as tasks aimed at preserving and strengthening the health of citizens of the Russian Federation based on increasing the availability and quality of medical care, respecting the rights of citizens in the field of health protection and ensuring state guarantees related to these rights, the priority of prevention in the field of health protection in the Russian Federation.


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