Issues on Regulation of Medical Services Contract in the Context of Healthcare Reform in Russia

  • Marine Zaurovna ABESALASHVILI Adyghe State University
  • Lyudmila Aleksandrovna ERTEL Institute of Economics and Management in Medicine and Social Sphere
  • Rafael Filevich MUSTAFIN Federal State Autonomous Educational Institution of Higher Education of the Sochi Institute (branch), Russian University of Friendship of Peoples
  • Rustem Askarbaevich TKHAKUSHINOV OOO ‘Health Center’

Abstract

The submitted article covers some issues of regulations of contractual medical services in the Russian Federation. The contemporary state of regulations in connection with contractual medical services providing, as opined by many researchers, leaves much to be desired. Medical services contract, being a particular case of fee-based services contract has its specifics which must be reflected in regulations. The authors study the issues on setting the terms of services quality in the contract, quality and result relation in the context of healthcare system reform tasks, one of which is medical services quality improvement. In a medical services contract the quality of medical services is related by authors to their standards. Conclusions and offers on improvement of legal regulation are based on the study of issue’s background, current legal regulation, opinions of other researchers on commercial medicine. The result guarantee prohibition offered by authors in medical services contract, more detailed specification of terms and conditions, information mandatory for submission to patients will allow to protect consumer’s rights and decrease abuse in commercial medicine.

References

[1] Act of the RF No. 2300-1 On protection of consumer rights (as amended on 05.05.2014; amendments effective since 01.07.2014). (1992, February 7). The RF legislature bulletin dated January 15, 1996, No. 3, article 140.
[2] Barinov, S.A. 2013. Patient’s right to information about the state of health: putting the issue. Medical law, 1: 31-34.
[3] Bazhanov, N.O. and Ivanenko, N.S. 2012. Legal aspects of informed voluntary consent. Medical law, 6: 13-16.
[4] Civil Code of the Russian Federation (part two) No. 14-FZ (as amended on 31.12.2014; amendments effective since 22.01.2015) (1996, January 26). The RF legislature bulletin dated January 29, 1996, No. 5, article 410.
[5] Danilochkina, Yu.V. 2008. Concept and legal nature of medical services. Medical law, 4.
[6] Ertel, L.A. 2015. Specifics of realization of patient’s right to information about state of health. Medical law, 1: 14-16.
[7] Federal Act No. 323-FZ On basics of public healthcare in the Russian Federation (as amended on 08.03.2015). (2011, November 21).
[8] Gabai, P.G. 2015. Contract for treatment or recovery of patient? Medical law, 1: 16-23.
[9] Gurochkin, Yu.D. and Sosedko, Yu.I. 2008. Legal medicine. Moscow.
[10] Kusherbayev, S.K. 2009. Russia needs global medical reform. Medical law, 4: 6-9.
[11] Lebedinets, O.N. 2006. Issues of legal regulation of commercial medical services contract. Social and pension law, 3: 25-27.
[12] Pechnikov, A.P. and Pechnikova, O.G. 2011. Contractual relations in medical activity (historical/legal and civil law approaches). Social and pension law, 2: 36-39.
[13] Pechnikov, A.P. and Pechnikova, O.G. 2012. Genesis and evolution of commercial medical services contract in Russian civil law. Civil law, 6: 36-39.
[14] Resolution of Constitutional Court of the Russian Federation No. 1-P On the case of inspection of constitutionality of provisions of clause 1, article 779 and clause 1, article 781 of the Civil Code of the Russian Federation in connection with complaints of limited liability company Agency of corporate security and citizen V.V. Makeyev. (2007, January 23). Rossiyskaya Gazeta, 22.
[15] Review of considering by Krasnoyarsk Krai courts of disputes in connection with undue provision of medical services. (2006, April 24). Letter of law, 42.
[16] Salygina, Ye.S. 2012. Issue of legal regulation of medical services result and liability for non-achievement. Medical law, 6, 35-38.
[17] Sedova, N.N. and Makarenko, V.A. 2011. Dental services contract as form of patients’ protection. Social and pension law, 3: 33-36.
[18] Sergeyev, Yu.D., Kashko, B.V. and Kashko, Ye.G. 2004. Some specifics of legal regulation of medical (dental) service in Civil Code of the RF. Medical law, 2: 18-21.
[19] Shevchuk, S.S. 2001. Legal regulation of providing medical services: improvement issues. Russian law journal, 2: 34.
[20] Sirotkina, A.A. 2004. Medical services contract: specifics of legal regulation. Moscow: Statut.
[21] Speech of Chairmen of the Government of the Russian Federation V.V. Putin at joint sitting of boards of Ministry of finance and Ministry of economic development of Russia. (2010, May 14). Retrieved July 30, 2015, from www.minfin.ru/ru/budget/83-fz/slide/?id4=9980 .
[22] Voitenkov, Ye.A. 2014. Providing commercial medical services: theoretical and legal basics, genesis of the national law, urgent issues of law enforcement practice. Legal world, 10: 17-19.
[23] Yeremina, S.N. 2014. Efficient contract in labor law. Russian law journal, 4: 20-28.
Published
2016-11-24
How to Cite
ABESALASHVILI, Marine Zaurovna et al. Issues on Regulation of Medical Services Contract in the Context of Healthcare Reform in Russia. Journal of Advanced Research in Law and Economics, [S.l.], v. 6, n. 1, p. 7-13, nov. 2016. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/428>. Date accessed: 14 apr. 2024. doi: https://doi.org/10.14505/jarle.v6.1(11).01.
Section
Journal of Advanced Research in Law and Economics

Keywords

service; contract; consumer; patient; medical assistance