Legal provision of financing the health care sphere in Ukraine

Keywords: a medical service, medical reform, legal provision, legal regulation, financing of health care field.

Abstract

The author of the article has studied the main disadvantages of legal provision of health care financing in Ukraine and the ways of their elimination.

The legal principles of medical reform and the basic principle about the autonomy of medical institutions – “a patient-money” have been analyzed. It has been stressed that the subjects of public law in the person of state and municipal health care institutions according to the Constitution of Ukraine are obliged to provide free medical care, however, with the adoption of the Law of Ukraine “On State Financial Guarantees of Medical Care of the Population”, a partial payment for medical services has been established.

The author has offered to provide additional guarantees for disadvantaged population by developing and financing social programs for the availability of medical care.

The cases of the access to information about a patient without his consent have been considered. New theoretical conclusions, generalizations and suggestions have been formulated, in particular, the author has offered the definition of the concept of “direct threat to life” in the context of regulatory acts regulating financing of health care in Ukraine. It has been stressed that a direct threat to life is the emergence of conditions under which there is a risk of death of a patient without the provision of medical care.

It has been clarified that the main disadvantages of legal provision of health care financing in Ukraine include: non-compliance of certain provisions of the mentioned Law with the provisions of the Constitution of Ukraine; the risk of arrangements between family doctors and doctors in different areas in regard of sending patients for further treatment; the lack of security guarantees of personal data of patients in the electronic health care system; the risk of reducing the number of medical institutions in Ukraine.

It has been concluded that the reform of the health care system necessitates amendments to the Art. 49 of the Constitution of Ukraine and adoption of the Concept of Financing and Development of the Health Care System, which would involve the introduction of a mixed model of financing health care field.

The perspective direction of further research the author believes that scientific development of propositions on improving liability for offenses in the sphere of health care financing in Ukraine.

Downloads

Download data is not yet available.

Author Biography

S. V. Knysh, Rivne Institute of Kyiv University of Law of the National Academy of Sciences of Ukraine

Candidate of Juridical Sciences (Ph.D.), Docent.
Department of general theoretical legal disciplines.

References

Avramenko N.V., 2011. Public administration on the healthcare system at the regional level [Derzhavne upravlinnia systemoiu okhorony zdorovia na rehionalnomu rivni]. D.Sc. dissertation. Classic Private University.

Kovryhina V.Ye., 2017. Administrative and legal regulation of the emergency medical aid [Administratyvno-pravove rehulyuvannya ekstrenoyi medychnoyi dopomohy]. Ph.D. dissertation. National Academy of Internal Affairs.

Kozachenko Yu.A., 2016. Administrative and legal regulation provision of the implementation rights of the patient in Ukraine [Administratyvno-pravove rehuliuvannia zabezpechennia prav patsiienta v Ukraini]. Ph.D. dissertation. Yaroslav Mudryi National Law University.

Pashkov V.M., 2017. Legal provision of healthcare reform [Pravove zabezpechennia reformuvannia sfery okhorony zdorovia]. Ukraïnsʹkij medičnij časopis – Ukrainian medical journal, [online] No. 2. Available at https://www.umj.com.ua/article/107586/pravove-zabezpechennya-reformuvannya-sferi-ohoroni-zdorov-ya [Accessed 10 November 2018].

Kyseliov D., 2017. Medical reform – legal look [Medychna reforma – pravovyi pohliad]. [online] Liga. Blohy. Available at https://blog.liga.net/user/dkiselev/article/28239 [Accessed 10 November 2018].


Abstract views: 44
PDF Downloads: 24
Published
2018-11-27
How to Cite
Knysh, S. (2018) “Legal provision of financing the health care sphere in Ukraine”, Bulletin of Kharkiv National University of Internal Affairs, 82(3), pp. 65-73. doi: 10.32631/v.2018.3.06.

Section
ADMINISTRATIVE LAW AND PROCESS, FINANCIAL LAW, INFORMATION LAW