Problems of constitutional-judicial regulation of right for health care within the context of the reformation of health care financing.
Journal Title: Прикарпатський юридичний вісник - Year 2018, Vol 2, Issue 1
Abstract
Object of the study: to analyze judicial regulation of expenses for health care, determine problems of constitutional-judicial regulation of these social relations, point out the ways of reforming laws concerning health care financial providing in order to reorganize those in accordance with Constitution of Ukraine. Materials and methods: legislative basis of Ukraine, analytical method, synthetic method, comparative-judicial method. Results: financing in the field of health care is provided by a number of legislative acts, among them the Constitution of Ukraine, the Law of Ukraine “About State Financial Guarantees of Public Health Care”, decree of cabinet of Ministry of Ukraine of 09.17.1996. No 1138 “About approval of the list of pay medical services, which are provided in state health care institutions and medical universities”. The main problem of the judicial regulation in the field of health care financing is inconsistency of minor legislative acts to the Constitution of Ukraine. Conclusions: In view of the foregoing, we assume that modern state of judicial regulation of health care financing does not correspond the Constitution of Ukraine, first of all to the article 49. There is a necessity to harmonize legislative regulation of these questions to the article 49 of the Constitution of Ukraine and judicial position of the Constitutional Court of Ukraine, namely cancel the decree of CMU of17.09.1996 No 1138 and instead of it to enact the Law of Ukraine, determining the full list of pay medical services provided in state and municipal medical institutions. The list of these services needs to be discussed in public – both medics and patients in order to achieve as a result considered decision, based on the rule of law principals and exceptional importance of effective realization of the right for health care for each citizen of our state. Thus, this list has to include first of all, only medical services which have secondary importance for human organism, which are provided not for medical reasons, but on request of patient himself (e.g. prophylactic massage, cosmetic procedures etc.). Secondly, in order to ensure social security, in case of providing medical services concerning employment relations, employer would have to bear the fee for it. Also positive democratic tendencies in the field of health care should be noted, among them providing inalienable constitutional rights of the patients. However, we have to promote strengthening of controls in health care financing provided by patient public, which will improve the level of realization of patients’ constitutional rights and contribute to further development of civil society, social state and rule of law in Ukraine.
Authors and Affiliations
С. В. Скріпкін
Keywords
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