The right of foreigners in Ukraine on receiving medical care
The law of Ukraine «About legal status of foreigners and persons without nationality» provides that foreigners and persons without the nationality, constantly living in Ukraine, and also those foreigners to whom the status of the refugee in Ukraine is provided, use medical care on a level with her citizens. Other foreigners and persons without nationality receive medical care as it should be which is confirmed by the Resolution of the Cabinet of Ukraine from 22.06.11, No. 667.
According to this resolution, foreigners and persons without the nationality, temporarily staying in the territory of Ukraine, can receive medical care, including emergency, for a payment if the legislation or international treaties of Ukraine did not provide other.
Foreigners and persons without nationality have the right to address for medical care in the public or municipal institution of health care. Medical care is provided according to requirements of the legislation of Ukraine, including on application of techniques of diagnostics, treatments, medicines.
Each case of providing medical care to foreigners and persons without nationality surely is registered in that establishment of health care which rendered medical care.
Cost of medical care is defined by the establishment of the health care which has provided this help. Payment can be made in national currency of Ukraine.
If the foreigner has the contract of insurance guaranteeing payment of medical care, such payment is carried out by the insurer by transfer of means to establishment of the health care which has provided medical care, under condition of document presentation for payment.
If cost of the medical care rendered to the foreigner, exceeds an amount of coverage provided by the contract of insurance, the foreigner should pay a difference to establishment of health care which rendered this help.
If the foreigner has no insurance contract, it carries out payment of the rendered medical care independently.
All foreigners staying in Ukraine on the lawful bases, according to the Lisbon declaration of the World medical association on the rights of patients and the Declaration on development of the rights of patients in Europe have the following rights when rendering medical care:
• right to advantage and respect of own personality;
• right to self-determination;
• right to preservation of physical and mental integrity and inviolability;
• right to a freedom of choice;
• right to information;
• the right to the informed consent;
• the right to request opinion of other doctor at any stage of treatment;
• right to confidentiality;
• right to high-quality medical care;
• right to education;
• right to the religious help and assistance.
The treatment applied to the patient, should correspond to the standard and approved medical standards, and the relation to the patient always should consider his interests as much as possible.
If the foreigner is dissatisfied with quality of medical care, he should act in such order:
1. In a correct form to state the claims to the manager of office.
If in oral conversation the patient did not manage to solve existing problems, it is necessary to pass to the following stage:
2. Drawing up of the written statement to the head of medical institution (chief physician).
In the statement it is necessary to state, than the rendered medical care, and also offers according to the solution of this conflict did not arrange. According to the general rule – the answer to the similar statement should бытьследует send within 1 month.
If the answer from direct violators does not satisfy the patient, he can address in higher instance and/or in court.
3. Drawing up of the statement of claim in court.
For drawing up of the claim it is desirable to address to the lawyer who will be действовать.от a name and in interests of the client, successfully to participate in permission of civil-law, economic, tax, administrative, family, housing and other disputes.