ORDER OF THE MINISTER OF HEALTH OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 2024 No. 112

About modification and amendments in the order of the Minister of Health of the Republic of Kazakhstan of June 7, 2023 No. 110 "About approval of rules of the organization and carrying out purchase of medicines, medical products and specialized medical products within the guaranteed amount of free medical care, additional amount of medical care for persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system at the expense of budgetary funds and (or) in system of compulsory social medical insurance, pharmaceutical services"

I ORDER:

1. Bring in the order of the Minister of Health of the Republic of Kazakhstan of June 7, 2023 No. 110 "About approval of rules of the organization and carrying out purchase of medicines, medical products and specialized medical products within the guaranteed amount of free medical care, additional amount of medical care for persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system at the expense of budgetary funds and (or) in system of compulsory social medical insurance, pharmaceutical services" (it is registered in the Register of state registration of regulatory legal acts at No. 32733) the following changes and amendments:

in rules of the organization and carrying out purchase of medicines, medical products and specialized medical products within the guaranteed amount of free medical care, additional amount of medical care for persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system at the expense of budgetary funds and (or) in system of compulsory social medical insurance, pharmaceutical services (further – Rules):

in Item 2:

38) to state the subitem in the following edition:

"38) the supplier – the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan), signed according to these rules with the organizer of purchase, the customer, the lessor or the single distributor the agreement (the long-term agreement, the agreement, the memorandum, the agreement of financial leasing according to legal acts of the Republic of Kazakhstan, other transaction) which subject are supply of medicines and (or) medical products, rendering pharmaceutical services;";

45) to state the subitem in the following edition:

"45) the expert – the physical person having special and (or) technical knowledge, experience at least five years and qualification on the corresponding profile, the confirmable relevant documents (diplomas, certificates, certificates and other documents), attracted by the customer, the organizer of purchases or the single distributor on a grant basis to making the expert opinion on compliance or discrepancy of the characteristic of the medicines and (or) products of medical appointment or the technical specification of medical equipment offered by the potential supplier, to the conditions of the announcement or invitation to purchase and conditions established by these rules;";

46) to state the subitem in the following edition:

"46) purchase – acquisition by the customer, organizer of purchase, the lessor and the single distributor, medicines and (or) medical products, pharmaceutical services within the guaranteed amount of free medical care, additional amount of medical care for persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system at the expense of budgetary funds and (or) in system of compulsory social medical insurance, according to the procedure and the methods established by these rules;";

55) to state the subitem in the following edition:

"55) the affiliate of the customer, the organizer of purchase, the lessor or the single distributor – person (except for the state bodies performing regulation of its activities within the conferred powers) who has opportunity directly and (or) indirectly to determine decisions and (or) to exert impact on accepted by the customer, the organizer of purchase, the lessor or the single distributor of the decision, including owing to the agreement or the agreement of financial leasing, and also any person concerning whom the customer or the organizer of purchase or the lessor or the single distributor have such opportunity;";

add with subitems 69) of 70), 71), 72) and 73) of the following content:

69) the agreement of financial leasing - the tripartite agreement according to which the lessor shall acquire in property the leasing subject specified by the leasing recipient at the supplier according to these rules and provide to the leasing recipient this subject of leasing in temporary ownership and use for a fee according to the Civil code of the Republic of Kazakhstan;

70) the lessor - the legal entity, with absolute participation of the state in its authorized capital (the participant of the leasing transaction) who by the attracted and (or) own money acquires subject of leasing in property and gives him to the leasing recipient on terms of the contract of leasing. Within one leasing transaction the lessor has no right to act as other her participant at the same time;

71) the leasing recipient - the participant of the leasing transaction who accepts leasing subject on terms of the contract of leasing;

72) leasing payments - the periodical payments representing the total amount of payments under the agreement of leasing for all duration of the agreement of leasing which shall be calculated taking into account compensation of all or essential part of cost of subject of leasing at the price of the moment of the conclusion of the agreement of leasing and performed throughout the duration of the agreement of leasing which include:

1) compensation to the lessor of purchase costs of subject of leasing and any other expenses which are directly connected with acquisition, delivery of subject of leasing and its reduction in the working condition for proper use according to the agreement of leasing;

2) remuneration on leasing;

73) leasing term - the term for which the subject of leasing is provided to the leasing recipient in temporary ownership and use according to the agreement of financial leasing at the same time early agreement cancelation of financial leasing in case of reservation of ownership right regarding leasing for the lessor does not involve change of term of leasing.";

state Item 5 in the following edition:

"5. The purchase of medicines, medical products or pharmaceutical services is performed by the customer or the organizer of purchase by means of the web portal one of the following methods:

1) tender;

2) request of price offers;

3) from one source;

4) purchase at the single distributor according to its list;

5) through the single distributor in the cases provided by these rules.

6) special purchase;

Involvement of the collaborator by the potential supplier for rendering pharmaceutical services is allowed. Information on the collaborator's compliance to conditions, established by these rules, is provided by the potential supplier in the technical specification.";

add with Item 5-1 and 5-2 of the following content:

"5-1. The lessor performs purchase of medical equipment, for further transfer to subjects of health care on the terms of financial leasing according to Chapter 1 of Section 3 of these rules.

The purchase provided by Chapter 12 of Section 3 of these rules is carried out on papers, till September 30, 2025.

5-2. Customers perform purchase of the medicines and medical products which are not included in the Order 88, at the single distributor according to Chapters 1, of 3, of 4, of 4-1 Section 3 of these rules.";

state Item 7 in the following edition:

"7. The single distributor the purchase is performed by one of the following methods:

1) the tender by means of the web portal;

2) from one source by means of the web portal;

3) at domestic and foreign producers or through structural divisions of the United Nations;

4) according to long-term agreements of delivery.";

1) of Item 8 to state the subitem in the following edition:

"1) close relatives, the spouse (spouse) or cousins-in-laws of the first heads of this potential supplier and (or) the authorized representative of this potential supplier have power of decision about the choice of the supplier or are customer representative, the organizer of purchase, the lessor or the single distributor in the carried-out purchase;";

3) of Item 9 to state the subitem in the following edition:

"3) it is not affiliated with members and the secretary of the commission (commission), and also customer representatives, the organizer of purchase, the lessor or the single distributor who make decisions (directly and (or) indirectly) and (or) exert impact on the made decisions by the commission (commission);";

state Item 12 in the following edition:

"12. The conditions provided by subitems 4), 5), 6), 7), 8), 9), 10), 11), 12) and 13) of Item 11 of these rules are confirmed by the supplier in case of agreement performance of delivery, purchase or the agreement of financial leasing.";

state Item 13 in the following edition:

"13. The customer, the organizer of purchase, the single distributor do not establish to medicines and medical products of condition, not provided by these rules.

The lessor does not establish to medical equipment of condition, not provided by these rules.";

1, of 2, 3 and 4 Sections 2 to exclude Chapters;

state Item 91 in the following edition:

"91. Customers for implementation of purchase of medical equipment receive:

1) kliniko-technical reasons according to the order of the Minister of Health of the Republic of Kazakhstan of January 5, 2021 No. KR DSM-1 "About approval of technique of implementation of expert evaluation of optimum technical characteristics and kliniko-technical reasons for medical products" (it is registered in the Register of state registration of regulatory legal acts at No. 22040).

In case of purchase recognition cancelled, kliniko-technical reasons are applied before completion of purchase within effective period of kliniko-technical reasons;

2) at least three commercial the offer from different producers;

3) the conclusion on analysis results of the prices of medical equipment;

4) the conclusions on compliance of characteristics of the technical specification on purchase of medical equipment to at least two models of different producers, except for purchase of medical equipment which are confirmed by the expert organization.";

add with Item 99-1 of the following content:

"99-1. Medical equipment, (five million) tenges worth from 5 000 000 to 200 000 000 (two hundred million) tenges can be acquired also by the attracted and (or) own money of the lessor according to the submitted application by subjects of health care.";

state Item 122 in the following edition:

"122. Customers for implementation of purchase according to the list of the single distributor create the need for medicines and medical products according to the order of the Minister of Health of the Republic of Kazakhstan of August 20, 2021 No. KR DSM-89 "About approval of rules of providing with medicines and medical products within the guaranteed amount of free medical care, additional amount of medical care to persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system at the expense of budgetary funds and (or) in system of compulsory social medical insurance, and also rules and techniques of forming of need for medicines and medical products within the guaranteed amount of free medical care, additional amount of medical care to persons containing in pre-trial detention centers and organizations of criminal and executive (penitentiary) system at the expense of budgetary funds and (or) in system of compulsory social medical insurance" (it is registered in the Register of state registration of regulatory legal acts at No. 24069) and the budget request for medicines and medical products for out-patient providing.";

state Items 125 and 126 in the following edition:

"125. The budget request on out-patient provision of medicines goes fund to the single distributor.

126. The single distributor annually no later than May 1 after receipt of requests and the budget request on out-patient provision of medicines performs purchase of medicines and (or) medical products taking into account amount of not reduced inventory, actual demand of previous year and forecast remaining balance for the end of financial year.";

state Item 128 in the following edition:

"128. After carrying out purchase the single distributor claims and sends to authorized body in the field of health care, to fund, customers the price list for the corresponding financial year, and also information on amount of purchase or purchase, declared valid.";

state Item 136 in the following edition:

"136. The single distributor signs the contract with the Customer within 10 (ten) working days from approval date of the price list of the single distributor within the allocated budgetary funds taking into account the actual consumption and remaining balance at Customers in form according to appendices 11, 12 and 13 to these rules.";

137, of 138, of 139, 140 and 141 to exclude Items;

state Item 142 in the following edition:

"142. The single distributor sends monthly to authorized body in the field of health care information on execution of contractual commitments on rendering pharmaceutical services.";

state Item 143 in the following edition:

"143. The single distributor quarterly performs purchase of not reduced inventory of medicines, medical products taking into account amount of the actual consumption, monthly inventory at customers, forecast remaining balance for the end of financial year in coordination with authorized body.";

to state heading of Chapter 1 of Section 3 in the following edition:

"Chapter 1. The tender performed by means of the web portal by the single distributor, the customer, the organizer or the lessor of purchase";

add with Item 148-1 of the following content:

"148-1. In case of the organization of purchase of medical equipment, for the lessor, the chairman of the tender commission determines the first head of the lessor or person fulfilling its duties. Employees of authorized body in the field of health care (under approval), its subordinated organizations (under approval) and the lessor are part of the commission.";

state Item 149 in the following edition:

"149. The secretary of the tender commission determines the staff employee of the single distributor, the customer, the organizer or the lessor of purchase which timely provides:

1) the publication on the web portal of the announcement of carrying out the tender;

2) upon the demand of the member of the tender commission about submission of the expert opinion on any lot the direction to the corresponding expert of the notification on need of making the expert opinion;

3) forming following the results of vote of the tender commission of the draft of the protocol of vote for acquaintance, and upon the demand of any of members of the commission – renewal of vote on the web portal;

4) the publication on the web portal of the protocol of vote;

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