LAW OF THE AZERBAIJAN REPUBLIC

of November 20, 2020 No. 200-VIQD

About modification of the Laws of the Azerbaijan Republic "About the status of the military personnel", "About public health care", "About traffic", "About social protection of the children who lost parents and deprived of parent guardianship", "About highways", "About private medical activities", "About public service", "About mental health services", "About the oncological help" and "About restriction of the use of tobacco products"

Being guided by Item 27 of part I of article 94 of the Constitution of the Azerbaijan Republic, in connection with execution of the Law of the Azerbaijan Republic of December 3, 2019 No. 1718-VQD "About modification of the Law of the Azerbaijan Republic "About medical insurance", Millie decides Majlis of the Azerbaijan Republic:

Article 1. Regarding 3rd article 13 of the Law of the Azerbaijan Republic "About the status of the military personnel" (Sheets of the Supreme Council of the Azerbaijan Republic, 1992, No. 4, Article 79; 1993, No. 5, Article 132; The Law of the Azerbaijan Republic of May 2, 1995 No. 1030; Collection of the legislation of the Azerbaijan Republic, 1997, No. 5, Article 378; 1998, No. 1, Articles 15, 16; 1999, No. 4, Article 228, No. 5, Article 286; 2001, No. 6, Articles 362, 363, No. 11, Article 694, No. 12, Articles 731, 736; 2004, No. 2, Article 57, No. 3, Article 133, No. 4, Articles 199, 212, No. 7, Article 507, No. 8, Article 596; 2005, No. 10, Article 871, No. 12, Article 1093; 2006, No. 4, Article 312, No. 11, Article 933; 2007, No. 6, Article 561, No. 8, Article 756, No. 11, Articles 1053, 1078; 2008, No. 3, Article 156, No. 6, Articles 462, 481, No. 8, Article 709, No. 12, Article 1048; 2010, No. 3, Article 171, No. 6, Article 482; 2011, No. 2, Article 71; 2014, No. 11, Article 1333; 2015, No. 10, Article 1085; 2016, No. 6, Article 1011; No. 6, Article 669, No. 7, Article 826) the words "free of charge in all civil healthcare institutions regardless of departmental accessory" shall be replaced with words 2020, "if in civil medical institutions irrespective of pattern of ownership and legal form the service package for the military personnel (except for the military personnel of active duty) provides according to the Law of the Azerbaijan Republic "About medical insurance" - at the expense of means of compulsory medical insurance and if it is not provided by service package, and also the serviceman of active duty - at the expense of the government budget medical".

Article 2. In the Law of the Azerbaijan Republic "About public health care" (Collection of the legislation of the Azerbaijan Republic, 1997, No. 6, Article 497; 1999, No. 5, Article 285; 2001, No. 3, Articles 141, 142, 143, 144, No. 11, Articles 672, 687, 693; 2002, No. 5, Articles 240, 244, No. 6, Article 328; 2003, No. 6, Article 256; 2004, No. 4, Article 199, No. 6, Article 396, No. 7, Article 507; 2006, No. 2, Article 66, No. 12, Article 1028; 2007, No. 6, Article 560, No. 11, Article 1052, No. 12, Article 1197; 2008, No. 7, Article 602; 2009, No. 2, Article 46, No. 12, Article 949; 2010, No. 11, Article 962; 2011, No. 2, Articles 70, 71, No. 7, Article 616; 2012, No. 6, Article 510; 2013, No. 11, Articles 1285, 1305, 1316; 2015, No. 2, Article 104, No. 4, Article 345, No. 6, Article 681; 2016, No. 2, Article 189, No. 4, Article 658; 2017, No. 6, Article 1060, No. 7, Article 1262; 2019, No. 2, Article 180, No. 9, Article 1484; 2020, No. 5, Article 521, No. 7, Article 826) to make the following changes:

2.1. in Article 4 of the word "relevant organ of the executive authority of the Azerbaijan Republic" shall be replaced with words "the body (organization) determined by relevant organ of the executive authority";

2.2. under Article 10:

2.2.1. state part 2 in the following edition:

"Medical attendance in the public medical institutions is financed by means of the government budget, extrabudgetary funds, means arriving from system obligatory and voluntary medical insurance, own means of persons, donations of the legal entities and physical persons and other sources which are not prohibited by the law.";

2.2.2. in part 8 "freely" shall be replaced with words the word "at the expense of means of the government budget";

2.3. in part 7 of Article 12 "freely" shall be replaced with words the word "at the expense of means of the government budget (and if it is provided by service package according to the Law of the Azerbaijan Republic "About medical insurance" - at the expense of means of compulsory medical insurance)";

2.4. regarding the 2nd Article 16 "freely" shall be replaced with words the word "at the expense of means of the government or local budget respectively (and if it is provided by service package according to the Law of the Azerbaijan Republic "About medical insurance", then - at the expense of means of compulsory medical insurance)";

2.5. in Articles 17 and 17.1 "freely" shall be replaced with words the word "at the expense of means of the government budget (and if it is provided by service package according to the Law of the Azerbaijan Republic "About medical insurance", then - at the expense of means of compulsory medical insurance)";

2.6. under Article 18:

2.6.1. in the paragraph 1 word "freely" shall be replaced with words 4 parts "at the expense of means of the government budget";

2.6.2. regarding 2 words "system of protection" to replace with the word "service";

2.7. in Article 20 of the word "system of protection" to replace with the word "service", the word "is free" - the words "at the expense of means of the government or local budget respectively (and if it is provided by service package according to the Law of the Azerbaijan Republic " about medical insurance ", then-at the expense of means of compulsory medical insurance)", words of "means of bodies of social insurance or social protection" - words of "means of compulsory national social insurance";

2.8. in parts 1 and 2 of Article 22 "freely" shall be replaced with words the word "at the expense of means of the government budget";

2.9. state Article 32 in the following edition:

"Article 32. Primary health care.

Primary health care - the type of medical care consisting of diagnostics and treatment of cases and diseases which are widespread among the population and health protection of mother and the child, carrying out medical and sanitary educational work do not require the specialized help, implementation of preventive medical actions.

Primary health care is performed according to the Law of the Azerbaijan Republic "About medical insurance".

The procedure for the organization and rendering primary health care is determined by body (organization) determined by relevant organ of the executive authority.";

2.10. under Article 33:

2.10.1. in part 2 "freely" shall be replaced with words the word "it is performed according to the Law of the Azerbaijan Republic "About medical insurance";

2.10.2. state part 3 in the following edition:

"Irrespective of, subjects of private medical activities signed the contract for rendering medical services based on article 15-19 of the Law of the Azerbaijan Republic "About medical insurance" or not, the payment for the emergency medical service provided to the needing persons is performed at the expense of means of compulsory medical insurance according to rates for the rendered medical services established by body (organization) determined by relevant organ of the executive authority.";

2.11. regarding 1 Article 35 "freely" shall be replaced with words the word "at the expense of means of the government budget (and if it is provided by service package according to the Law of the Azerbaijan Republic "About medical insurance", then - at the expense of means of compulsory medical insurance)".

Article 3. In item 4 of part 1 of article 6 of the Law of the Azerbaijan Republic "About traffic" (Collection of the legislation of the Azerbaijan Republic, 1998, No. 9, Article 564; 2001, No. 5, Article 298, No. 11, Articles 676, 698; 2002, No. 1, Article 9, No. 8, Article 463; 2003, No. 8, Article 424; 2004, No. 2, Article 57, No. 11, Article 901; 2005, No. 4, Article 277, No. 10, Article 874, No. 11, Article 993; 2006, No. 12, Article 1027; 2007, No. 6, Article 560, No. 11, Articles 1053, 1091; 2008, No. 2, Article 49, No. 6, Articles 453, 463, No. 7, Article 602; 2009, No. 2, Article 47, No. 4, Article 210, No. 12, Article 948; 2010, No. 7, Article 598; 2011, No. 2, Article 71, No. 4, Article 255, No. 6, Article 469, No. 12, Article 1097; 2012, No. 5, Article 402, No. 7, Article 671; 2013, No. 4, Articles 362, 363, No. 7, Article 795, No. 11, Articles 1295, 1298; 2014, No. 4, Articles 343, 346, No. 5, Article 467, No. 11, Article 1352; 2015, No. 1, Article 2, No. 2, Articles 76, 79, 105, No. 5, Article 502, No. 6, Article 686, No. 11, Articles 1256, 1276; 2016, No. 11, Articles 1758, 1795, No. 12, Article 1993; 2017, No. 2, Articles 138, 150, No. 5, Article 727, No. 8, Article 1507, No. 10, article 1774, No. 12 (book I), Article 2215; 2018, No. 2, Articles 143, 157, No. 4, Article 645, No. 6, Articles 1165, 1192, No. 7, Articles 1432, 1436, 1439; 2019, No. 1, Article 46, No. 6, Article 997, No. 7, Article 1183, No. 8, Article 1376; No. 5, Article 521, No. 7, Articles 827, of 847) the word "freely" shall be replaced with words 2020, "at the expense of means of the government budget (and if it is provided by service package according to the Law of the Azerbaijan Republic "About medical insurance", then - at the expense of means of compulsory medical insurance)".

Article 4. Regarding 1 article 6 of the Law of the Azerbaijan Republic "About social protection of the children who lost parents and deprived of parent guardianship" (Collection of the legislation of the Azerbaijan Republic, 1999, No. 8, Article 477; 2001, No. 11, Article 687, No. 12, Articles 731, 736; 2002, No. 5, Article 241, No. 6, Article 328; 2006, No. 2, Article 75; 2007, No. 6, Article 561, No. 12, Article 1197; 2008, No. 7, Article 602; 2010, No. 4, Article 275; 2013, No. 5, Article 477; 2016, No. 11, Article 1765; 2018, No. 12 (book I), Article 2505; 2019, No. 8, Article 1382, No. 12, Article 1908; No. 5, Article 507, No. 6, Article 670, No. 7, Article 827) after the words "at the expense of means of the government budget" to add 2020, with words "(and if it is provided by service package according to the Law of the Azerbaijan Republic "About medical insurance", then - at the expense of means of compulsory medical insurance)".

Article 5. In the paragraph 3 parts 2 of article 34 of the Law of the Azerbaijan Republic "About highways" (Collection of the legislation of the Azerbaijan Republic, 2000, No. 3 (the book I), Article 125; 2001, No. 12, Articles 731, 736; 2004, No. 11, Article 901; 2006, No. 6, Article 478; 2007, No. 5, Article 436, No. 10, Article 938; 2008, No. 5, Article 348, No. 7, Article 602; 2012, No. 6, Article 506; 2013, No. 6, Articles 599, 624; 2014, No. 4, Article 341, No. 7, Article 775; 2016, No. 2 (book I), Article 200, No. 12, Articles 1994, 1995; 2017, No. 5, article 720, No. 12 (book I), Article 2229; 2018, No. 1, Article 20, No. 11, Article 2223; 2019, No. 1, Article 11, No. 6, Article 989, No. 7, Article 1183; No. 7, Article 828) the word "freely" shall be replaced with words 2020, "at the expense of means of the government budget (and if it is provided by service package according to the Law of the Azerbaijan Republic "About medical insurance", then - at the expense of means of compulsory medical insurance)".

Article 6. In the Law of the Azerbaijan Republic "About private medical activities" (Collection of the legislation of the Azerbaijan Republic, 2000, No. 3 (the book I), Article 129; 2001, No. 3, Article 144; 2002, No. 5, Article 240; 2004, No. 6, Article 396; 2007, No. 6, Article 560, No. 10, Article 938; 2009, No. 12, Article 949; 2015, No. 11, Article 1278) to make the following changes:

6.1. at the end of paragraph 9 of Article to replace 1 point with semicolon and to add this Article with the paragraph 10 following contents:

"the insurer - the local legal entity, and in relation to compulsory medical insurance - body (organization) determined by relevant organ of the executive authority, the insurance which is the agreement party having the corresponding license for implementation of insurance activity according to the Law of the Azerbaijan Republic "About insurance activity" and incurring the obligation on payment of insurance indemnity in case of the loss occurrence according to the procedure established by the laws on compulsory insurance or the agreement.";

6.2. in Article 6 of the word "based on the contracts signed with medical insurance companies and also with patients" shall be replaced with words "according to the Law of the Azerbaijan Republic "About public health care" based on the agreements signed by them with insurers";

6.3. to cancel part 2 of Article 7;

6.4. under Article 8:

6.4.1. regarding 1 word "compulsory medical insurance on competitive basis" shall be replaced with words "medical insurance according to the Law of the Azerbaijan Republic "About medical insurance", and also on competitive basis";

6.4.2. in the second offer of part to replace 2 words of "medical insurance companies" with the word of "insurers";

6.4.3. in part 3 to exclude the words "in cases of their participation in programs of compulsory medical insurance", and in this part of the word to replace "medical insurance companies" with the word "insurers";

6.4.4. add with part 5 of the following content:

"Subjects of private medical activities can render medical services within service package in compulsory medical insurance if they meet the requirements, the stipulated in Clause 15-3.1 Laws of the Azerbaijan Republic "About medical insurance", and also signed the contract for rendering medical services according to articles 15-19 of this Law.";

6.5. regarding the 2nd Article 12 to exclude the words "and means on compulsory medical insurance";

6.6. under Article 13:

6.6.1. in the paragraph "medical insurance companies" to replace 4 parts of 1 word with the word "insurers";

6.6.2. state part 3 in the following edition;

"Irrespective of, subjects of private medical activities signed the contract for rendering medical services based on article 15-19 of the Law of the Azerbaijan Republic "About medical insurance" or not, the payment for the emergency medical service provided to the needing persons is performed at the expense of means of compulsory medical insurance according to rates for the rendered medical services established by body (organization) determined by relevant organ of the executive authority.".

Article 7. In article 21.1.4 of the Law of the Azerbaijan Republic "About public service" (Collection of the legislation of the Azerbaijan Republic, 2001, No. 1, Article 1, No. 3, Article 131; 2002, No. 12, Article 693; 2003, No. 1, Article 16; 2004, No. 1, Article 10, No. 4, Article 199, No. 5, Article 321, No. 8, Article 597, No. 11, Article 884; 2005, No. 6, Articles 463, 475, No. 10, Article 874; 2006, No. 5, Article 386, No. 6, Article 479, No. 8, Article 657, No. 11, Article 927, No. 12, Articles 1005, 1014; 2007, No. 2, Article 83, No. 5, Articles 434, 436, No. 7, Article 711, No. 10, Article 934, No. 11, Articles 1049, 1074, 1078, No. 12, Articles 1213, 1219; 2008, No. 3, Article 153, No. 5, Articles 326, 341, No. 6, Articles 471, 481, No. 7, Article 602, No. 8, Article 699, No. 10, Article 881; 2009, No. 2, Article 54, No. 5, Article 311, No. 6, Article 403, No. 10, Article 771, No. 11, Article 878, No. 12, Article 964; 2010, No. 4, Article 276; 2011, No. 2, Article 71, No. 3, Article 165, No. 6, Article 463; 2012, No. 5, Article 413, No. 10, Article 945, No. 11, Article 1049; 2015, No. 1, Article 9, No. 5, Article 488, No. 10, Article 1100; 2016, No. 8, Article 1365, No. 11, Articles 1760, 1782, 1785; 2017, No. 5, Article 726, No. 6, Article 1054, No. 7, Article 1267, No. 8, Article 1513, No. 11, article 1974, No. 12 (book I), Article 2192; 2018, No. 2, Articles 158, 159, No. 3, Article 392, No. 5, Articles 864, 880, No. 6, article 1191, No. 7 (book I), Articles 1383, 1428; 2019, No. 1, Article 8; 2020, No. 7, Articles 828, 851, 856; The Law of the Azerbaijan Republic of September 30, 2020 No. 171-VIQD) to exclude the words "and members of their family".

Article 8. In the Law of the Azerbaijan Republic "About mental health services" (Collection of the legislation of the Azerbaijan Republic, 2001, No. 9, Article 569; 2011, No. 11, Article 990; 2012, No. 5, Article 407; 2016, No. 4, Article 659; 2020, No. 7, Article 828) to make the following changes:

8.1. in Article 6.3.2 "freely" shall be replaced with words the word "at the expense of means of the government budget (and if it is provided by service package according to the Law of the Azerbaijan Republic "About medical insurance", then - at the expense of means of compulsory medical insurance)";

8.2. in Article 16 of the word "according to the procedure, established by the legislation" shall be replaced with words "at the expense of means of the government budget (and if it is provided by service package according to the Law of the Azerbaijan Republic "About medical insurance", then - at the expense of means of compulsory medical insurance)".

Article 9. In the Law of the Azerbaijan Republic "About the oncological help" (Collection of the legislation of the Azerbaijan Republic, 2006, No. 8, Article 656; 2008, No. 7, Article 602; 2020, No. 7, Article 830) to make the following changes:

9.1. in Article 4.4 "freely" shall be replaced with words the word "at the expense of means of the government budget";

9.2. in Article 12.2 of the word "fees on medical insurance" shall be replaced with words "and if it is provided by service package according to the Law of the Azerbaijan Republic "About medical insurance", then - means of compulsory medical insurance".

Article 10. In article 15.2 of the Law of the Azerbaijan Republic "About restriction of the use of tobacco products" (Collection of the legislation of the Azerbaijan Republic, 2017, No. 12 (the book I), Article 2244; No. 10, Article 1969) the word "freely" shall be replaced with words 2018, "at the expense of means of the government budget (and if it is provided by service package according to the Law of the Azerbaijan Republic "About medical insurance", then - at the expense of means of compulsory medical insurance)".

 

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