LAW OF UKRAINE

of November 19, 1992 No. 2801-XII

Bases of the legislation of Ukraine on health care

Each person has the natural integral and immutable right to health protection. Society and the state are responsible before modern and future generations for the level of health and preserving gene pool of the people of Ukraine, provide priority of health care in activities of the state, improvement of working conditions, training, life and rest of the population, the solution of economic problems, enhancement of medical care and implementation of healthy lifestyle.

Bases of the legislation of Ukraine on health care determine the legal, organizational, economic and social beginnings of health care in Ukraine, govern the public relations in this area for the purpose of ensuring harmonious development of physical and spiritual powers, high working ability and long active life of citizens, elimination of the factors which are harmfully influencing on their health, the prevention and decrease in incidence, disability and death rate, heredity improvement.

Section I. General provisions

Article 1. Legislation of Ukraine on health care

The legislation of Ukraine on health care is based on the Constitution of Ukraine and consists of these Bases and other acts of the legislation adopted according to them governing the public relations in the field of health care.

Article 2. The international agreements of Ukraine in the field of health care

If the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those which are stipulated by the legislation Ukraine about health care then are applied rules of the international treaty.

Article 3. The concept and terms applied in the legislation on health care

In these Bases and other acts of the legislation on health care the basic concepts have such value:

the hospital district - the territory within which provision of the high-quality, complex, continuous and oriented to patients medical and rehabilitation care by the organization of effective network of healthcare institutions is provided;

pre-hospital stage of rendering delivery of health care to the medical help period from the moment of identification of person in medical emergency or requests of person for medical care before its hospitalization in healthcare institution or refusal of hospitalization;

Electronic health care (e-health, eHealth) - system of the mutually acceptable information relations of all subjects of health sector which are based on use of methods, actions and technologies using the digital circle, including information and communication technologies directed to support of health sector including medical services, preventive supervision of health of the population and its strengthening, improvement of quality and increase in life expectancy of the population, medical literature and education in the field of health care, knowledge and researches, use of digital services for the purpose of receipt of necessary information, knowledge and skills for rendering the medical and/or rehabilitation care, accomplishment of operational functions of system of public health;

electronic health care system - the information and communication system providing automation of accounting of medical services and information management about health protection including medical information, by creation, placement, the publication and exchange of information, data and documents in electronic form which part the central database and electronic medical information systems between which automatic exchange of information, with data and documents via the open program interface (API) is provided are;

daily functioning - the activities of person providing its daily functioning by method and in amount, regular for it, in particular by self-service, orientation, movement, communication, control of the behavior, training, labor activity;

the general healthcare institution - the multi-profile medical institution giving medical and rehabilitation care to the population of territorial community or several communities also provides the basic directions of stationary medical care according to the list determined by the Cabinet of Ministers of Ukraine, stabilization of condition of the patient and his routing in cluster and nadklasterny healthcare institutions;

means of telemedicine (telemedicine means) - any technical and software and/or other component of the information (automated) system for rendering the medical and/or rehabilitation care to patients using telemedicine;

health - condition of complete physical, mental and social wellbeing, and not just absence of diseases or violations of structures and functions of organism;

healthcare institution - the legal entity of any pattern of ownership and form of business or its separate division which provides medical attendance of the population on the basis of the corresponding license and professional activity of health (pharmaceutical) workers and rehabilitation specialists;

other customers are the subjects participating in financing of agreement purchase of the managed access and which according to the budget legislation are managers/receivers of means of local budgets for accomplishment of the relevant activities and/or which are subjects of managing of the state or utility pattern of ownership which have the license for implementation of economic activity on medical practice;

cluster healthcare institution - the multi-profile medical institution capable to provide in the territory of hospital cluster the need of the population for medical attendance for the most widespread diseases and conditions in the directions of medical attendance in stationary conditions according to the list determined by the Cabinet of Ministers of Ukraine;

compensators of restrictions of life activity of person - means, product, services, payments, the privileges, etc. providing compensation of certain restrictions of life activity of person;

compensators of restrictions of daily functioning of person - set of medicines and/or medical products, and/or the supportive applications of rehabilitation appointed by health workers or rehabilitation specialists;

medical care - the activities of professionally prepared health workers directed to prevention, diagnostics, and treatments in connection with diseases, injuries, poisonings and pathological conditions and also in connection with pregnancy and childbirth;

medical information - information on medical attendance of person or its results stated in the unified form according to the requirements established by the legislation including information on the state of health, the diagnoses and any documents concerning health and restriction of daily functioning / life activity of person;

medical attendance - activities of healthcare institutions and physical persons entrepreneurs who are registered and obtained the corresponding license in the procedure established by the law, in the field of health care, is not necessarily limited to medical care, but is directly connected with its rendering;

medical attendance - activities of healthcare institutions, rehabilitation organizations, departments, divisions and physical persons - entrepreneurs who are registered and obtained the corresponding license in the procedure established by the law, in the field of health care which is not necessarily limited to medical care and/or the rehabilitation help, but is directly connected with their provision;

the health worker - person having medical or nursing professional qualification performs professional activity on delivery of health care and performs other actions connected with such activities according to the legislation including as the physical person - the entrepreneur, having license for implementation of economic activity on medical practice;

network of institutions of health care - set of institutions of health care which provide the needs of the population for medical attendance in the corresponding territory;

telemedicine method (telemedicine method) - operations procedure with use technical and software and/or other components of the information (automated) system which in complex interaction provide provision to patients of the medical and/or rehabilitation care using telemedicine;

nadklasterny healthcare institution - multi-profile medical institution which has resources and technologies oriented to ensuring medical attendance in the most difficult and/or in rare instances of diseases of the population of all hospital district in the directions of medical attendance in stationary conditions according to the list determined by the Cabinet of Ministers of Ukraine;

medical emergency of the person - sudden deterioration in physical or mental health which constitutes direct and inevitable threat of life and to health of the person or the people surrounding it and results from disease, injury, poisoning or other internal or external reasons;

restriction of daily functioning - violation of structures and functions of organism and/or other factors in human lives which in case of interaction with external environment interfere with accomplishment of daily activities by it and to participation in life of society on an equal basis with other people;

original (innovative) medicine - medicine which for the first time in the world was registered on the basis of complete set of documents concerning its quality, safety and efficiency (complete registration information);

person authorized on implementation of purchases in the field of health care - the legal entity formed by the central executive body providing forming also realizes state policy in the field of health care, and authorized to conduct procurement of medicines, medical products and supportive applications to them and services:

for means of the government budget for accomplishment of programs and implementation of centralized actions for health care, for means of grants (subgrants) for accomplishment of programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine according to the law;

under agreements of the managed access for means of the government budget for accomplishment of programs and implementation of centralized actions for health care, for means of local budgets, for means of the subjects of managing of the state or utility pattern of ownership having the license for implementation of economic activity on medical practice.

Person authorized on implementation of purchases in the field of health care has the right gratuitously (except delivery cases for means of local budgets and/or for means of the subjects of managing of the state or utility pattern of ownership having the license for implementation of economic activity on medical practice) to deliver (to transfer) the medicines belonging to it, medical products and supportive applications to them and services to structural divisions concerning health care of the regional, Kiev and Sevastopol city public administrations or to subjects of managing which have the license for implementation of economic activity on medical practice;

health care - system of the actions directed to preserving and recovery of physiological and psychological functions, optimum efficiency and social activity of the person at the maximum biologically possible individual duration of his life. Such actions perform public authorities and local government bodies, their officials, healthcare institutions, physical persons - the entrepreneurs registered in the procedure established by the law and who obtained the license for the right of implementation of economic activity on medical practice, workers of health sector, public associations and citizens;

assessment of medical technologies - examination of medical technologies of rather clinical efficiency, economic feasibility, organizational problems and problems of safety for citizens in connection with their application;

the patient - the physical person who asked for the medical and/or rehabilitation care or medical service and/or to which such help or service is provided;

daily functioning of the person – the state of health providing capability of the person to participate in activities on an equal basis with other people;

the service in medical attendance of the population (medical service) - the service (including estimation of daily functioning of person, rehabilitation service) provided to the patient in healthcare institution, rehabilitation organization or the physical person - the entrepreneur which is registered and obtained in the procedure established by the law the license for implementation of economic activity on medical practice, and is paid by her customer. The state, relevant organs of local self-government, legal entities and physical persons, including the patient can be the customer of service in medical attendance of the population;

the domeditsinsky help - the urgent actions and organizational actions directed to rescuing and preserving human life in medical emergency and minimization of effects of influence of such condition on his health which are performed on site incidents by persons who have no medical education, but on the service duties shall own the main practical skills on rescue and preserving human life which is in medical emergency, and according to the law shall perform such actions and actions;

restriction of daily functioning - violation of interaction of the person with circle factors which can be caused by violations of certain structures and functions of organism and/or the circle factors interfering accomplishment by it of daily activities and participation in life of society on an equal basis with other people";

estimation of daily functioning of person - type of the medical expertize which is carried out to person with restrictions of daily functioning in the procedure established by the legislation for the purpose of determination of levels of violation of structures and functions of organism, including physical, mental, intellectual, touch which can lead to restrictions of daily functioning;

estimation of daily functioning - types of the expertizes which are carried out to person in the restrictions of daily functioning set by the legislation procedures for the purpose of determination of availability in the respective sphere (health sector, social, educational, economic and other spheres of public life);

assessment of daily functioning in the field of health care - expertize type in the field of health care which is carried out in the procedure established by the legislation for the purpose of determination of the fact of steady restriction of daily functioning, the need for methods and means of adaptation of the circle in the field of health care and carrying out screening concerning the need for methods and means of adaptation of the circle in social, educational, economic and other spheres of public life, and also direction for the corresponding examinations;

daily functioning - interaction of the person with condition (conditions) of health and factors surrounding it circles covering set of structures and functions of human body, capability of the person to participate in activities in procedure, usual for it, and in limits;

permanent restriction of daily functioning of the person - the violation of structures and/or functions of organism caused by inborn condition, disease or injury which led to long-term or irreversible restriction of daily functioning of the person;

professions in the field of health care profession of workers of health sector (except professions in the field of provision of social services on which professional activity in the field of health care is performed) whose professional activity is specific to health sector. The list of professions (positions) of workers of health sector affirms the central executive body providing forming and realizes state policy in the field of health care;

the worker of health sector - person who has the corresponding professional qualification in the field of health care and performs professional activity on rendering the medical or pharmaceutical or rehabilitation care or performs other professional activity by professions in the field of health care according to the legislation. Health, pharmaceutical workers, rehabilitation specialists and other professionals and specialists in the field of health care, including with not medical education which work in healthcare institutions for professions in the field of health care treat workers of health sector;

the rehabilitation help in the field of health care (further - the rehabilitation help) - in the field of health care which provide implementation of complex of the actions sent on functioning optimization to the persons who test or restrictions of daily functioning in their circle can experience activities of specialists in rehabilitation;

the rehabilitation service - the service rendered to the patient by rehabilitation organization, rehabilitation organization, healthcare institution, social protection or other subject of managing which have the right to provide the rehabilitation help according to the legislation and is paid by her customer. The state, local government body, legal entity or physical person, including the patient can be the customer of rehabilitation service;

rehabilitation - package of measures which person who tests or can experience restrictions of daily functioning owing to the state of health in interaction with its circle needs;

the rare (orphan) disease - disease which threatens human life or which chronically progresses leads to reducing life expectancy of the citizen or in his disability which prevalence among the population is not more often than 1:2000;

the state of health - general indicator for diseases (sharp and chronic), frustration, damages or injuries. The state of health can also cover other circumstances, such as pregnancy, aging, stress, congenital anomaly or genetic predisposition. The states of health are coded on the International Statistical Classification of diseases and related problems of health care;

steady restriction of daily functioning - the violation of interaction of the person with circle factors caused by violation of certain structures and functions of organism and/or the circle factors leading to resistant obstacles in accomplishment by it of daily activities and participation in life of society on an equal basis with other people;

methods and means of adaptation of the circle to needs of people with restrictions of daily functioning (further - methods and means of adaptation of the circle) - supportive applications of rehabilitation for temporary and long-term use, service, action, privilege, guarantee, payment and other types of the help in different spheres of public life (health care, social protection, employment, education, legal aid, physical culture and sport, transport, accessibility, etc.) aimed at providing needs of people with restrictions of daily functioning for optimization of their interaction with environment (physical, information, social, economic, educational, etc.) and their functioning in society;

the subject on estimation of daily functioning - the authorized subject in the respective sphere of public life which within certain powers performs estimation of daily functioning;

telediagnostics - holding diagnostic procedures using information and communication technologies for exchange of the medical information including including, transfer of images, analysis results, other inspections, data on the medical equipment and any documents concerning health;

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