The provision of paid medical care to citizens provides for a medical contract, which contains the necessary information about the nature, cost and timing of such assistance. An agreement on the provision of paid medical services in accordance with paragraph 1 of Article 426 of the Civil Code of the Russian Federation is a public agreement. It should be noted that the most important distinguishing feature of a public contract is the obligation of a medical institution to provide services that such an institution, by the nature of its activities, should provide to everyone who turns to it.
If we proceed from the essence of the contract for the provision of medical paid services, according to which one party (a medical institution) performs certain actions on the order of the other party (a patient), and he undertakes to pay for these services, then we can conclude that this is a contract for the provision of services for a fee. However, the medical contract has some differences and specific specifics.
If earlier the form of the contract was not determined, but only provided that the provision of paid medical services is formalized by the contract, now the situation has changed. According to paragraph 16 of the current Rules for the provision of medical paid services to the population by medical institutions, an agreement for the provision of medical paid services must be concluded in writing.
When completing a medical contract, the written form will be considered complied with if the consumer accepts the public offer of the provider of medical services. In this case, acceptance means payment of the cost of certain medical services. A public offer can be considered the Rules for the provision of medical services, which are established in a particular medical organization, provided that they are located on the Internet and on information boards. The rules must contain all the essential terms of the agreement, as well as a proposal to conclude an agreement on the conditions specified in it with the person who applied for this service.
This means that a medical contract can be concluded not only in a simple written form.
The subject of the contract for the provision of reimbursable medical services is the relationship that develops between the parties in connection with the provision of these services. At the same time, if the relationship of the parties regulated by the contract is the subject of the contract, then the provided medical services are the object of the contract. Therefore, when defining the subject, it is important to establish what services will be provided under the concluded contract. Moreover, their list should be specified in sufficient detail.
The conclusion of a medical contract is carried out between the contractor and the customer of the medical service.
The executor can be not only a medical organization that provides medical services to consumers, but also an individual entrepreneur engaged in medical activities. In accordance with the Law on the Protection of Citizens' Health, they are equated to medical organizations.
Drawing attention to the problems of people with disabilities
- federal law of 25.7002. No. 115-FZ "On the legal status of foreign citizens in the Russian Federation", article 2:
* "a foreign citizen in the Russian Federation is an individual who is not a citizen of the Russian Federation and has proof of citizenship (nationality) of a foreign state";
* conditions for the legality of the stay of foreign citizens in the Russian Federation (status of residence/residence):
A. A foreign citizen who is permanently staying in the Russian Federation is a person who has arrived in the Russian Federation on the basis of a visa or in a procedure that does not require a visa, and has received a migration card, but does not have a residence permit.
B. A foreign citizen who is permanently residing in the Russian Federation is a person who has received a temporary residence permit, in the form of a mark in a document certifying the identity of a foreign citizen and recognized by the Russian Federation in this capacity, or in the form of a document in the form approved by the FMS of the Russian Federation.
V. A foreign citizen permanently residing in the Russian Federation is a person who has received a residence permit issued by the Federal Migration Service of the Russian Federation.
- federal law dated 21.1.011. No. 323-FZ "On the basics of protecting the health of citizens in the Russian Federation", article 19, part 3, 4;
- federal law dated 29.1.010. No. 326-FZ "On OMS", article 10, which establishes a list of insured persons in this area;
- Resolution of the Government of the Russian Federation dated 06.3.013. No. 186 "On approval of the Rules for the provision of medical care to foreign citizens on the territory of the Russian Federation";
- agreement dated 24.1998. on the mutual granting of equal rights to citizens of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation in receiving emergency and urgent medical care;
- letter from the Ministry of Health and Social Development of Russia dated 24.008. No. 10-4/54705-14BC "On the provision of medical assistance to foreign citizens";