scholarly journals Reimbursement Contracts: Application of Civil Law Mechanisms under Pandemic Restrictions

2020 ◽  
pp. 47-56
Author(s):  
Oksana KIRIIAK

The article contextualizes and assesses the peculiarities of using the mechanism of civil law reimbursement of medical expenses in the context of the global spread of acute respiratory infection COVID-19 caused by coronavirus SARS-CoV-2, as well as the theoretical possibility of such coverage of financial costs and revenues through the enforcement of reimbursement contracts, by analogy with the currently widespread state program «Affordable Medicines of Ukraine». The author analyses the achievements of many domestic and foreign researchers who have covered various aspects of reimbursement in their writings, including the extrapolation algorithms of such traditional institutions of civil law as the fulfilment of obligations for the third parties, compensation, etc. For the completeness of the scientific search, the article also contains an analysis of statistical indicators of the effectiveness of reimbursement contracts in our country, based on information from open official sources of the National Health Service of Ukraine. As a result of the comparison, the author concluded that the well-thought-out organization of high-quality medical care, followed by reimbursement of the full or partial cost of services received or medicines purchased under reimbursement agreements allows to comprehensively and effectively solve most problems in this area in such a way as to protect the interests of patients, doctors, and pharmaceutical companies as the key participants in such legal relations. It is also emphasized that the system of legal regulation and medical provision of access to medicines and procedures in most developed countries is considered as an integral part of public administration, the need to improve which is always an urgent challenge for every law enforcement, especially in the context of the global spread of acute respiratory infection COVID-19 caused by the coronavirus SARS-CoV-2. Particular attention is paid to the fact that the well-thought-out organization of quality medical care, followed by reimbursement of the full or partial cost of services received or drugs purchased in the context of reimbursement agreements allows comprehensive and effective solutions to most problems in this area to protect the interests of patients, doctors and pharmaceutical companies as key participants in such legal relations.

2019 ◽  
Vol 10 (3) ◽  
pp. 695
Author(s):  
Anatoly Yu. BABASKIN

The relevance of the study is due to the fact that there is a growing need to study civil law and its practice in Ukraine and the most economically developed countries of the European Union. The purpose of the study is to conduct a comparative analysis of the legal regulation of interest rates under the loan agreement, with the participation of the entity, in the civil legislation of Ukraine and Germany, in order to identify similar features, differences, deficiencies in their legal regulation, and identify possible areas for improvement of the rules of civil law of Ukraine. The article investigates the legal nature of interest rates in credit relations, legal regulation of types of interest rates, bases of accrual of interest on a loan, restriction of freedom to set the amount of interest rate on a loan agreement, the order of payment of interest on a loan, etc. In the course of the research, similar features and differences in the legal regulation of interest rates in the credit agreement in the legislation of Ukraine and Germany were identified, deficiencies and possible directions of improvement of the civil legislation of Ukraine in the specified field were identified.


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.


2021 ◽  
Vol 10 (1) ◽  
pp. 118
Author(s):  
Rismaya Fika Nur Aryanti

Background: Acute Respiratory Infection (ARI) is a disease transmitted by viruses. This health problem persists from year to year, starting from developing countries to developed countries there are still morbidity and mortality rates due to ARI. One of the factors that can affect human health is environmental factors which include occupancy density, ventilation area, natural lighting, humidity, temperature, conditions and types of walls, and floors.Purpose: This literature study aims to analyze the relationship between the physical quality of the occupancy and the occurrence of acute respiratory infections (ARI).Reviews: The results of the journal search were found as many as 17 journals that met the inclusion criteria set by the researcher. Most of the research found used a cross sectional study design, but some studies also used case control and cohort study designs. Several different results were found for each study, but still showed similarities, namely the incidence of ARI in each study.Conclusion: The journal review that has been conducted can conclude that there is a relationship between the area of ventilation, humidity, temperature, natural lighting, occupancy density, conditions and types of walls, as well as conditions and types of floors. There are differences from each of the research results, but there are still similarities which state that there is a relationship between the physical quality of the environment at home and the incidence of ARI.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Leslie Danquah ◽  
Prince Michael Amegbor ◽  
Dawit Getnet Ayele

Abstract Background Globally, acute respiratory infection (ARI) is a leading cause of infant and childhood morbidity and mortality. Currently, it is estimated that 50 million cases of childhood ARI are untreated. In this study, we identified determinants of the type of treatment sought for symptoms of childhood acute respiratory infection (ARI), including non-treatment, amongst a nationally representative sample of children under five years in Ghana. Methods In total, 1 544 children were studied by a secondary analysis of pooled survey data from the 1993, 1998, 2003, 2008, and 2014 Ghana Demographic and Health Surveys (GDHS). Cross-tabulations, chi-square, multinomial logistic regression, and Bayesian hierarchical spatial logistic regression analyses were used to identify relationships between the type of treatment sought and maternal socio-economic and household characteristics. Results Seeking medical care was significantly associated with child age (RRR= 1.928, 95 % CI 1.276 – 2.915), maternal employment status (RRR = 1.815, 95 % CI 1.202 – 2.740), maternal health insurance status, (RRR = 2.618, 95 % CI 1.801 – 3.989), children belonging to middle (RRR = 2.186, 95 % CI 1.473 – 3.243), richer (RRR = 1.908, 95 % CI 1.145 – 3.180) and richest households (RRR = 2.456, 95 % CI 1.363 – 4.424) and the 1998 survey period (RRR = 0.426, 95 % CI 0.240 – 7.58). Seeking self-care or visiting a traditional healer was significantly associated with maternal educational status (RRR = 0.000, 95 % CI 0.000 – 0.000), and the 1998 (RRR= 0.330, 95 % CI 0.142 – 0.765), 2003 (RRR= 0.195, 95 % CI 0.071 – 0.535), 2008 (RRR= 0.216, 95 % CI 0.068 – 0.685) and 2014 (RRR= 0.230, 95 % CI 0.081 – 0.657) GDHS periods. The probability that the odds ratio of using medical care exceeded 1 was higher for mothers/caregivers in the Western, Ashanti, Upper West, and Volta regions. Conclusions Government policies that are aimed at encouraging medical care-seeking for children with ARI may yield positive results by focusing on improving maternal incomes, maternal NHIS enrolment, and maternal household characteristics. Improving maternal education could be a positive step towards addressing challenges with self-care or traditional healing amongst children with ARI.


2009 ◽  
Vol 41 (6) ◽  
pp. 747-761 ◽  
Author(s):  
GOVINDA P. DAHAL ◽  
FIIFI AMOAKO JOHNSON ◽  
SABU S. PADMADAS

SummaryThe association between maternal smoking and adverse child health outcomes has not been systematically explored in less developed countries, especially in Nepal where over a quarter of women of reproductive age smoke tobacco products. This study aims to quantify the effect of maternal smoking on acute respiratory infection (ARI) symptoms among children aged below five years, using the 2001 Nepal Demographic and Health Survey. It is hypothesized that children born to mothers who smoke frequently are at higher risk of developing ARI symptoms. Four-level random intercept logistic regression models were used to disentangle the independent effect of maternal smoking on children's ARI symptoms, controlling for potential biological, socioeconomic, seasonal and spatial variables. Maternal smoking status had a significant effect on children's ARI symptoms; the effects were significantly higher (adjusted OR 1.41; 95% CI 1.02–1.96) among those born to mothers who smoked more frequently than their counterparts. Furthermore, a strong spatial pattern was evident in the prevalence of ARI symptoms, after adjusting for maternal smoking and relevant control variables. The findings underscore the importance of designing exclusive public health intervention measures to prevent tobacco smoking within households, for example through awareness campaigns highlighting the adverse effect of maternal smoking on child health.


2020 ◽  
Vol 99 (4) ◽  
pp. 117-126
Author(s):  
B.M. Blokhin ◽  
◽  
I.P. Lobushkova ◽  
A.S. Suyundukova ◽  
A.D. Prokhorova ◽  
...  

Author(s):  
Yuliya Chernenilova

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.


Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.


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