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Main arrow Archive of previous Issues arrow ╣2 2014 (36) arrow Medical service: legal aspects
Medical service: legal aspects Print
Tuesday, 27 May 2014

N.V. Kosolapova
Moscow State University of Economics, Statistics and Informaticsá

Abstract. The paper discusses topical issues of legal regulation of medical services. In the Soviet period the relations between the patient and the health organization (provider of medical services, had a legal and administrative nature. The health legislation of 1969 was mainly based on administrative and legal norms. In fact, the relations were rather based on administrative and legal contract.

Following reforming in healthcare legislation civil law norms became focal in regulating medical activities. Health care delivery is a special type of service per se. However, the definitions "health care" and "medical service" specified by paragraph two of the Federal Order #323-FZ "On basic principle of health protection of the citizens of the Russian Federation" as of 21.11. 2011 do not fall within the scope of civil law.

Services for a fee contract is regulated by Chapter 39 of the Civil code of the Russian Federation; its rules are applicable to contracts for medical services.

However, a medical service has a number of features that distinguish it from regular domestic services. The existing civil law does not consider the following peculiarities of medical services:

- a medical service is inseparable from the process of service delivery and is consumed at the moment of its provision; it cannot be considered in isolation from the provider, and in the moment of its delivery, with rare exceptions, presence of the service consumer is essential;

- a medical servicesĺ market is the market of so-called ôoffended sovereignty of the consumer (the patient)ö;

- a medical service is unique in that the consumer is not its passive recipient but rather an active participant of the process. A universal compensatory nature of medical services should be pointed out at as well.

It seems that a medical service is a set of compensated, relevant, sufficient, reliable and professional actions of a medical organization (servicesĺ provider) aimed at satisfying the patientĺs needs (servicesĺ consumer), the contents of which is a medical intervention (a set of interventions), affecting the human health.

Keywords: medical service; legal regulation; medical law; medical insurance.

References

  1. The Civil Codex of the Russian Federation (part II) of 1996 January 26 ╣ 14-FZ (ed. 2013 Jul 23). Collection of Laws of the RF, 29.01.1996; ╣ 5, art. 410. (In Russia).
  2. On approving the Principles of legislation of the USSR and the union republics on health care (with the Principles of legislation): the Law of the USSR of 1969 December 19 ╣ 4589-VII (ed. 1990 May 22). Vedomosti Verkhovnogo Soveta SSSR, 1969; ╣52, art. 466. (In Russia).
  3. On the basis for population health protection in the Russian Federation: the Federal Law of 2011 November 21 ╣ 323-FZ. Collection of Laws of the RF, 28.11.2011; ╣ 48, art. 6724. (In Russia).
  4. On consumer rights protection: the Law of the RF of 1992 February 07 ╣ 2300-1 (ed. 2013 Jul 02). Collection of Laws of the RF, 15.01.1996; ╣3, art. 140. (In Russia).
  5. On approving the procedure of providing paid medical care in health facilities: Regulation of the Government of the RF of 2012 October 04 ╣ 1006. Collection of Laws of the RF, 08.10.2012; ╣41, ˝˛. 5628. (In Russia).
  6. On approving the form of standard contract for provision and payment for medical care in MHI: the Order of MoH of the RF of 2012 December 24, ╣ 1355n. Rossiyskaya gazeta 16.01.2013; ╣ 6. (In Russia).
  7. Danilochkina Yu.V. The concept and legal nature of medical service. Meditsinskoe pravo 2008; (4): 17. (In Russia).
  8. Tikhomirov A.V. Medical law: Practical Manual. Moscow: Statut; 1998. p. 112. (In Russia).
  9. Yampol'skaya Ts.A. On the theory of administrative contracts (instead of review). SGP. 1966; (10): 134. (In Russia).

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