Medical law - a branch of law, a system of legal regulation of relations in the field of healthcare , medical insurance ; in other words, by all relations arising regarding the organization, payment and provision of medical care.
- health care providers
- role of the state in the healthcare system
- health care situation in modern Russia
The main participants in the legal relationship are: patient ; medical personnel (in particular, the attending physician ); medical institution ( medical organization , medical institutions , research institutes , medical institutes and other entities); medical insurance company ; policyholders ( policyholder ); state regulatory and management bodies in the healthcare sector (Ministry of Health and Social Development of the Russian Federation, Federal Fund for Compulsory Medical Insurance of the Russian Federation, Social Insurance Fund of the Russian Federation).
In addition, the following entities may participate in medical relations: bodies issuing permits to medical institutions for medical activities (licenses and certificates); medical associations; controlling organizations ( trade unions , consumer protection societies, antimonopoly committee, etc.), courts .
Content
Medical Law in the USSR
It should be noted that the current state of healthcare in Russia , such as: the lack of clear regulation of the organization and provision of medical care, the lack of uniform standards for the quality of medical care, the low quality of medical care in the compulsory medical insurance and the formality of relations in its system, the lack of legal education of healthcare subjects and other features of domestic health care are related to the legacy of the system that existed in the USSR .
In the USSR, the healthcare system was almost a closed system: regulation was carried out through official acts and was hidden from both patients and doctors; Health care was funded exclusively by the state and, when all medical care was declared free and affordable, was of appropriate quality. Protecting oneβs health rights under such conditions was too time-consuming and ineffective.
Post-Soviet Medical Law in Russia
The situation has changed with the adoption of the "Fundamentals of the legislation of the Russian Federation on the protection of public health" in 1993. So, from now on additional health systems were proclaimed (state, municipal, departmental, private), additional guarantees (compulsory and voluntary medical insurance), additional opportunities (paid medical services). Further, regulation of health care was entrusted to the law, and control to state bodies (Federal Service for Supervision of Healthcare and Social Development of the Russian Federation), medical associations, special organizations, public organizations, and individual citizens. The process of providing medical care has become more transparent, which means that the protection of oneβs rights in the field of healthcare is more real. [one]
The role of the state in Russian health care is quite large: it guarantees the minimum amount of medical care provided free of charge by the compulsory medical insurance , sets standards for the provision of medical care that are mandatory for execution by both state medical institutions and private. The state controls the activities of medical institutions: establishes the necessary permits for the provision of medical services (licenses, certificates of medical institutions; diplomas and certificates of doctors), conducts accreditation of activities, establishes a list of supervisory organizations. In addition, it determines the range of citizens' rights in the field of healthcare, protects them and guarantees the right to protection in case of violation.
The first federal executive body among such bodies having subordinate medical organizations, in which the main non-staff specialist in medical law was included in the corps of the main freelance medical specialists was the Federal Penitentiary Service (FSIN of Russia): Decree of the FSIN of Russia dated 05.21.2014 No. 98 -R Candidate of Medical Sciences, Associate Professor Vladislav Trubetskoy was approved as the main freelance specialist of the penal system in medical law.
Notes
- β Rateshops.ru: How to Punish an Incompetent Doctor , February 27, 2014
See also
- Health insurance
- Standard of care