APPROVED
Director's order
LLC “M-ORTHOTRAUMA”
May 02, 2024 № 01-06/115
PUBLICCONTRACT-OFFER
on the provision of medical services
LIMITED LIABILITY COMPANY “M-ORTHOTRAUMA”(license for medical practice issued by the order of the Ministry of Health dated 24.02.2021 № 331), in the person of Director Holoniuk Olena Leonidovna, acting on the basis of the Charter, on the one hand and an individual who applied to the Contractor for medical services (hereinafter referred to as “Patient”) from the other side The Parties, collectively referred to as the “Parties” and each separately as the “Party”, have entered into this Agreement on the following.
1.GENERAL PROVISIONS
1.1. In accordance with Art. 633, 634, 641 of the Civil Code of Ukraine this Agreement is a public Contract (public offer) containing all essential conditions for the provision of medical services by the Contractor and offers an unlimited number of individuals (Patients) to receive medical services under the conditions specified in this Agreement.
1.2. The terms of the Agreement shall be the same for all Patients, except those who are granted the relevant benefits by the legislation of Ukraine in the event of their availability.
1.3. The Contractor has no right to refuse to conclude this Agreement if he has the opportunity (including technical, personnel, organizational, etc.) to provide the Patient with medical services.
1.4. The Contractor confirms that it has all the necessary permits to carry out business activities in medical practice related to the performance of this Agreement, and is responsible in case of violation of the rights of the Patient during the execution of the Agreement and the implementation of the Services.
1.5. The Contractor provides medical services on the basis of a license for medical practice issued by the order of the Ministry of Health of Ukraine dated 24.02.2021 No. 331.
1.6. List of permitted specialties of the Contractor:
1.6.1. medical: organization and management of health care, physical and rehabilitation medicine, pediatric orthopedics and traumatology, neurology, neurosurgery, orthopedics and traumatology, therapy.
1.6.2. Specialties of junior specialists with medical education: nursing.
1.7. The Contract is mandatory for execution by the Contractor from the moment of its publication on the Contractor's website.
1.8. In the event that the legislation of Ukraine establishes norms that contradict this Agreement, the relevant norms of the legislation of Ukraine shall prevail in application.
2.ACCEPTANCE OF THE CONTRACT
2.1. The contract is considered concluded without its subsequent signing from the moment of the patient's oral or written request for medical services or other actions provided for in the Agreement, indicating the agreement to comply with the terms of the Agreement (signing of the treatment plan, informed consent to diagnosis and treatment, commencement of actual use of the services, payment Contractor's account, etc.), without signing a written copy by the Parties.
2.2. The date of the first application of the Patient to the Contractor with the consent of the Parties shall be considered as the date of conclusion of this Agreement. The patient is considered familiar with the Agreement at the time of conclusion of the Agreement.
2.3. Each Party guarantees to the other Party that it has the necessary legal capacity, and equally all the rights and powers necessary and sufficient for the conclusion and performance of this Agreement in accordance with its terms.
2.4. By entering into the Agreement, the Patient automatically agrees to the full and unconditional acceptance of the provisions of the Agreement and all possible annexes to the Agreement.
2.5. Before starting to use medical services, each Patient is obliged to familiarize himself with the terms of this Agreement, the tariffs for the Services, as well as the Rules for the stay and service of patients in the Contractor's medical institution, which are posted (published) on the official website of the Contractor and in the Corner (folder) of the consumer.
2.6. All terms of the Agreement set forth in this Public Offer are binding on the Parties. If the Patient does not agree with the terms of the Agreement, he is not entitled to enter into this Agreement.
2.7. The Contractor shall, at the written request of the Patient, provide him with a written form of this Agreement certified by the signature of the authorized person of the Contractor.
3.TERMS, CONCEPTS AND DEFINITIONS
In this Agreement, the following terms, concepts and definitions are used in the following sense:
3.1.Medical service— a certain action or set of actions carried out by medical professionals in the Contractor's Medical Center for the purpose of prevention, diagnosis, treatment or rehabilitation of diseases, pathologies or conditions of the Patient.
3.2.Patient— an individual who applied to the Contractor's medical institution to receive medical services and concluded an agreement with the Contractor on the provision of such services. If the consumer of the Services is a minor or incapacitated person, the rights and obligations provided for in this Agreement for the Patient shall be acquired by the legal representative of such person.
3.3.Medical Center (hereinafter — Institution) — a health care institution established by the Contractor and located at the address: m. Lviv, str. Stavova, Bud. 7-IN
3.4.Contractor's Website— web page on the Internet at mashtaler.com.ua, which is the official source of informing Patients about the Contractor and the services provided by it.
3.5.The attending physician— doctor of the Contractor, who provides medical services to the Patient in the Institution.
3.6.Treatment plan—a set of preventive, therapeutic, diagnostic, rehabilitation measures, medical manipulations, etc. selected by the doctor for each Patient individually and agreed with the Patient, indicating the stages of treatment, the list of medical interventions, targeted treatment periods and the estimated cost treatment at the prices applicable on the day of the treatment plan.
3.7.Schedule of visits— schedule of assigned medical services, which determines the list of services, calendar date and exact time when the Patient must appear at the Institution to receive such services, which is signed by the Patient and is mandatory for the latter.
3.8.Informed consent—Patient's consent to medical intervention, which can be issued in writing, by signing a separate form approved by the Contractor or the appropriate wording in the medical documentation (medical card, etc.).
3.9.Rules- The rules for the stay and service of patients in the Institution, approved by the Contractor and binding to be fulfilled by the Patient, which the Patient is obliged to familiarize himself with before concluding the contract.
4.SUBJECT OF THE CONTRACT
4.1. The Contractor undertakes to provide to the latter (or the person in whose interests this Agreement is concluded) one or more paid medical services from the Contractor's List of medical services aimed at improving the Patient's health and in accordance with the established diagnosis (hereinafter — Services), and the Patient undertakes to accept and pay to pay for the Services under the terms specified in this Agreement.
4.2. The scope, type, cost and term of the Services are determined taking into account the Patient's health, medical indications, the wishes of the Patient and the technical capabilities of the Contractor.
4.3. On the basis of the initial examination of the Patient, the attending physician establishes a preliminary diagnosis, determines the methods and possible treatment options, the consequences of treatment and the expected results, the degree of risk and possible complications, informs the Patient about this in detail.
4.4. Based on the results of the initial examination, the doctor draws up a Treatment Plan, which determines the volume of Services agreed by the Parties and their preliminary cost. A prerequisite for the performance of the Agreement is the consent of the Patient to the proposed Treatment Plan, certified by the signature of the Patient or by the actual consumption by the Patient of the services specified in the Treatment Plan.
4.5. During the term of the Agreement, the Parties may draw up several Treatment Plans (in which case the terms of the Supplementary Treatment Plan will be in addition to the previous Treatment Plan) or modify the Treatment Plan.
4.6. The patient agrees that, if necessary, to conduct an additional examination or to obtain the advice of a specialized medical specialist who is absent from the Contractor, he is obliged to undergo such examination or consultation within the deadlines established by the Contractor, paying for these services at the rates of the respective medical institutions.
5.THE PROCEDURE FOR THE PROVISION OF SERVICES
5.1. Services are provided in the Contractor's medical facility in accordance with the Rules, using certified equipment and approved for use of medical devices and materials.
5.2. The attending physician is appointed by the Contractor in agreement with the Patient.
5.3. The provision of Services is carried out in accordance with the Informed Voluntary Consent of the Patient for diagnosis, treatment, surgery and anesthesia, which is formalized in the form established by the legislation of Ukraine and may be additionally formalized in the form specified by the Contractor, before the provision of the first Service and before the provision of other Services, the list of which is determined by the Contractor. The parties agree that the signing of informed consents is a necessary condition for the commencement of the provision of the Services.
5.4. Services are provided by prior appointment, which is carried out by phone or at the patient's personal request. The provision of Services without prior appointment is possible only in cases where there is no prior appointment by other Patients at this time. The date and time of the provision of each Service is agreed by the Contractor and the Patient in oral or written form (by signing the schedule of visits).
5.5. The date and time of provision of each Service may be changed at the initiative of the Patient within 12 hours prior to the date of the provision of such Service. If the patient did not notify the administrator of the change in the date, time and type of service within 12 hours before the onset of such service, he is obliged to compensate the cost of the service in full.
5.6. In case of delay, the Patient is obliged to notify the Administrator of the Institution in advance. In case of delay, which led to a shift in the schedule of admission, another visit time is agreed with the Patient.
5.7. The date and time of provision of each Service may be changed on the initiative of the Contractor in the case of:
5.7.1. If the patient's state of health before the start of the provision of the Service makes it impossible to provide it or significantly increases the risks of complications, threats to the life or health of the Patient or other serious or negative consequences.
5.7.2. The occurrence of circumstances of force majeure that make it impossible to provide the Service by the Contractor.
5.8. The Contractor does not have the right to disclose to third parties information about the illness, medical examination, examination and their results, intimate and family aspects of the patient's life, which became known in connection with the implementation of this Agreement, except for cases provided for by the legislation of Ukraine.
6.THE COST OF SERVICES AND THE PROCEDURE FOR CALCULATIONS
6.1. The cost of the Services provided under this Agreement shall be determined in accordance with their scope and the tariffs for the Services approved by the Contractor. Tariffs for Services have the legal force of an agreed price agreement.
6.2. The preliminary cost of the Services is indicated in the Treatment Plan and does not include the cost of treating hidden pathologies that may be detected during the treatment process. In the absence of a signed Treatment Plan, the cost of services is determined in accordance with the price in force at the time of receipt of the service.
6.3. The prices indicated in the Treatment Plan are valid for the period specified in the Treatment Plan. After the expiration of this period, the cost of the Services is determined on the basis of the Contractor's tariffs valid at the time of the provision of the Service.
6.4. The Patient pays for the Services in one of the following ways at the Patient's choice:
6.4.1. cash payment at the Contractor's cash desk;
6.4.2. payment by payment card using the payment device of the Contractor's bank;
6.4.3. payment of Contractor's invoices by bank transfer.
6.5. The Services are paid by the Patient on the day the Service is provided - before or immediately after the provision of the Service, in the amount of the full cost of the Service provided in a specific visit.
6.6. The patient has the right to make an advance payment for the Services specified in the Treatment Plan. The cost of the Services paid by the Patient as an advance payment may be reviewed by the Contractor in the event of a change in the tariffs for the Services or a change in the cost of consumables. In this case, the difference in cost is covered by the patient within 3 working days from the change in the cost of the Treatment Plan.
6.7. For certain types of Services that involve the Contractor's preliminary costs (individual order of medical structures for the Patient from third parties, etc.), the Patient must pay a prepayment in the amount of 100% of the cost of such structures. The amount of the prepayment and the deadline for its payment are indicated in the Treatment Plan and/or in the invoice that is provided in advance to the Patient.
It's 6.8. Online services are provided only with 100% prepayment.
6.9. If the amount of the cost of all components of the Services provided in advance payment exceeds the amount of the advance payment made by the Patient, the difference must be repaid by the Patient no later than the day of the end of the provision of the Services.
6:10 a.m. In case of discrepancies in the direction of increase between the estimated cost of the Service (part of the Service) and the amount invoiced to the Patient for a specific visit, the Patient is obliged to pay the bill no later than the next day after the provision of the Service (part of the Services). In this case, the Patient must sign the Act of Services rendered with a list of Services provided and an indication of the amount of the Patient's debt for the Services.
6:11 a.m. In the event that the Patient does not have enough funds to pay for the Services received, the Patient's debt to the Contractor may be formalized by an additional agreement on payment for the Services with installment payments.
6:12 a.m. Treatment under the insurance policy is provided subject to the preliminary conclusion by the Contractor of the relevant Agreement with the insurance company.
6:13 a.m. The patient may receive a discount on the cost of the Service, the amount of which is determined in the manner established by the Contractor.
6:14 a.m. If in the process of providing the Services there is a need for their adjustment (providing additional services or changing the Treatment Plan), then the final cost of the Services under the Contract is subject to the corresponding adjustment. Such changes shall be agreed by the Parties until the provision of additional or modified Services. The patient has the right to refuse to adjust the Services and continue to receive the Services according to the agreed Treatment Plan. If such refusal makes it impossible to continue the provision of the Services for medical reasons, the Contractor has the right to unilaterally terminate the validity of this Agreement, and the Patient is obliged to pay the cost of the Services actually received. If the Patient does not object to the modification or addition of the Treatment Plan, the provision of Services shall be continued in accordance with the new conditions and with the signing of a new or additional Treatment Plan.
6:15 a.m. If, due to the fault of the Contractor, the Services are not provided in full, the cost of the Services not provided and paid for shall be reimbursed to the Patient within three working days from the date of the Patient's application.
6:16 a.m. In case of inability to provide the Services (part of the Services) due to the fault of the Patient - due to the patient's failure to appear for a doctor's appointment or for another medical procedure, violation by the Patient of the terms of this Agreement and/or the Rules, the Contractor has the right not to return the amount of prepayment paid by him to the Patient. At the same time, the Patient may apply for a refund for the services not actually rendered, and the Contractor is obliged to consider the possibility of a refund minus the costs actually made and the costs of manufacturing (ordering) therapeutic structures for the Patient within three working days from the moment the Patient addressed the relevant application.
6:17 a.m. The patient has no right to refuse payment for the agreed and actually provided Services.
6:18 a.m. In all cases where the cost of the Services provided to the Patient is not expressly determined by the Treatment Plan, including when the Services specified in the Treatment Plan are not provided in full, the cost of such Services (parts of the Services) is determined in accordance with the applicable rates of the Contractor.
6:19 a.m. The total cost of the Services under this Agreement is determined by the total cost of all Services provided to the Patient.
6:20 a.m. The terms of this section regarding payment for Services do not apply to cases of providing Patients with medical services that are paid for by insurers under voluntary health insurance contracts or by other third parties. Any medical services under this Agreement may be paid by a third party on the basis of a separate contract between the third party and the Contractor.
7.PROCEDURE FOR ACCEPTING SERVICES
7.1. Acceptance and transfer of the Services rendered is carried out orally or at the request of one of the Parties by drawing up an Act of the Services rendered (hereinafter referred to as the Act), which is drawn up by the Contractor in duplicate and provided to the Patient for signature.
7.2. The patient is obliged to sign both copies of the Act or provide a written reasoned refusal to sign it.
7.3. If the Patient has not given a written reasoned refusal to sign the Act, the Service shall be deemed to have been properly provided by the Contractor and duly accepted by the Patient.
7.4. In the presence of a written motivated refusal to sign the Act, the Contractor within 10 (ten) calendar days considers such refusal and informs the Patient in writing about the results of the consideration. In the case of the validity of the refusal of the Patient, the Parties draw up a bilateral complaint act with a list of necessary improvements and the timing of their implementation.
7.5. If the Patient is provided with several Services, the Contractor has the right to draw up one Act, in which the entire list of Services provided is indicated.
8.RIGHTS OF THE PARTIES
8.1.The patient has the right to:
8.1.1. Accept this Agreement on the terms proposed by the Contractor.
8.1.2. At the time of ordering the Services, obtain complete information about the medical services provided by the Contractor.
8.1.3. Agree with the Contractor the estimated cost of the Services by signing the Treatment Plan.
8.1.4. Get Services of Good Quality.
8.1.5. Obtain reliable and complete information about the state of his health, including familiarization with the relevant medical documents relating to his health, which are kept by the Contractor.
8.1.6. Obtain reliable and complete information about contraindications, possible complications and risks (including for life and health), prognosis of the possible development of the disease in the provision of Services.
8/1.7. Choose a treatment method according to the recommendations of the attending physician, if the doctor has determined several treatment plan options, having previously read the results of the examination, diagnosis, treatment methods, associated risks, advantages and disadvantages of different treatment plans, possible complications.
8/8/8. Require the replacement of the attending physician (if the Contractor has other doctors of appropriate qualifications).
8.1.9. In the event of a change in the treatment plan and the preliminary targeted cost of the Services, the Patient has the right to choose from:
(1) agree to the new/additional treatment plan and agree on its cost;
(2) abandon the proposed changes and continue treatment under previously agreed conditions;
(3) terminate the Contract and make calculations for the Services actually provided.
8/1/10. To the secret of his state of health, the fact of seeking medical help, diagnosis, as well as information obtained during his medical examination.
8/1/11. To eliminate the shortcomings of the Service provided.
8/1/12. Contact the Contractor with suggestions, statements, reviews, etc. regarding the Services provided.
8/1/13. Refuse to receive the Service (part of the Service) at any time of the Contract, having previously paid all the Services and Services actually provided at the time of refusal, which were scheduled within 12 hours after receiving information about the refusal, as well as the cost of the costs incurred and costs of manufacturing (ordering) therapeutic structures for the Patient.
8.2.The performer has the right to:
8.2.1. Make changes to this Agreement, as well as to the list of Services, change the price of each Service.
8.2.2. Conduct promotions, provide discounts and additional benefits for the Services.
8.2.3. Receive payment for the Services provided in the manner provided for in this Agreement.
8.2.4. To process personal data and other information about the Patient in accordance with the requirements of the legislation of Ukraine on the protection of personal data.
8.2.5. If necessary, in prior agreement with the Patient, make changes to the Treatment Plan.
8.2.6. Independently identify and appoint medical professionals who will provide Services to the Patient.
8.2.7. In the event of emergencies, unforeseen situations or complications during medical interventions - independently determine the scope of all necessary and possible measures to eliminate them.
8.2.8. Provide incomplete information about the patient's state of health, limit the possibility of his familiarization with individual medical documents in the event that information about the patient's illness may worsen his health condition or impair the treatment process.
8.2.9. Make an audio recording of telephone conversations with the Patient.
8/2/10. To conduct photo and/or video recording of the process of providing the Services and further use the impersonal results of such fixation for advertising, marketing, educational and other purposes that do not contradict the legislation of Ukraine.
8/2/11. Use patient reviews about the treatment and the medical center on the official Internet pages, social networks of the medical center, printed products or other publicly available resources that Patients have posted in the public domain indicating their surnames and names.
8/2/12. Reschedule the visit in case of unforeseen absence of a doctor or, if possible, appoint another doctor to carry out treatment with the consent of the Patient.
8/2/13. In case of delay, the Patient may unilaterally change the term of provision of the Services or cancel the provision of such Services.
8/2/14. To direct the Patient to other specialized medical professionals, including to another healthcare institution, in order to clarify the diagnosis and choose the optimal treatment plan.
8/2/15. Do not start (or suspend) the provision of the Services in cases of:
(1) refusal of the Patient to sign informed consents, fill out anamnesis (health questionnaires);
(2) in the event of a debt incurred by the Patient for payment of the Services (until such debt is fully repaid);
(3) the detection of a disease (pathology) in the Patient during the examination, the treatment of which is not possible in the Institution due to licensing restrictions, qualifications of medical personnel or technical equipment, or in case of refusal of the Patient to treat such pathology, if this makes it impossible to provide Services under the Treatment Plan;
(4) the Patient is in a state of alcohol or drug intoxication or in another painful condition that prevents the provision of quality Services;
(5) the patient's failure to arrive has established a date and time to receive the relevant Services.
8/2/16. Refuse at any time to provide the Services (provided that such refusal will not endanger the life of the Patient) in the following cases:
(1) Providing the Patient with incomplete and/or inaccurate information about his/her identity and/or his/her state of health;
(2) the presence of medical contraindications to treatment by methods that have been determined by the Parties;
(3) the patient's refusal to undergo examinations necessary for further treatment;
(4) if the Patient insists on the use of medicines or the use of diagnostic and treatment methods that are not permitted for use in the territory of Ukraine;
(5) non-compliance by the patient with the prescriptions or treatment schedule established by the attending physician;
(6) violation by the Patient of the Rules of stay and care of patients in the Institution.
9.OBLIGATIONS OF THE PARTIES
9.1.The patient is obliged to:
9.1.1. Before concluding the Contract, familiarize yourself with the Contractor's tariffs, the Rules.
9.1.2. Arrive at the Institution on time and the time of the provision of Services.
9.1.3. Notify the client in advance about the objective impossibility of appearing at the reception or for the procedure.
9.1.4. During your stay on the territory of the Institution strictly follow the Rules of the Contractor.
9.1.5. Before the beginning of the provision of the Services, inform the attending physician of the entire list of medicines used by the Patient, as well as all known diseases, malformations, allergic or specific reactions to medicines and foods and other essential information about the state of their health.
9.1.6. Accurately and timely fulfill oral or written prescriptions and recommendations of the attending physician, adhere to the treatment plan, timely appear for the prescribed additional examinations, control and preventive examinations.
9.1.7. Provide originals or copies of documents containing information about your state of health that are required by the Institution to provide the Services.
9.1.8. Inform the attending physician about the improvement or deterioration of health, the appearance or disappearance of symptoms, and other information about changes in one's health during the treatment period.
9.1.9. Accept the Services provided of proper quality and sign the Acts.
9/1/10. Pay the cost of the Services in the manner and on the terms specified in this Agreement.
9/1/11. Pay the cost of unagreed additional Services that were provided by the Contractor in order to avoid negative consequences for the life or health of the Patient.
9.1.12. Sign informed agreements for diagnostics, treatment and anesthesia, Contractor's questionnaires.
9/1/13. Observe the rules of operation of the installed medical structures, in case of their failure (regardless of the reasons for this), the occurrence of complications - within 24 hours, and if possible, immediately notify the Contractor about this.
9.2.The Contractor is obliged to:
9.2.1. Carry out an initial examination of the Patient in a time agreed with the Patient to establish a preliminary diagnosis, the amount of treatment required, calculate the cost of treatment and inform the Patient about the results.
9.2.2. If additional methods of examination are necessary in order to establish the final diagnosis, conduct them, and if there is no opportunity for this, inform the Patient and refer him to another health care facility or specialized medical specialist for examination.
9.2.3. Provide Services of adequate quality in accordance with the final diagnosis, treatment plan and cost calculation agreed by the Parties.
9.2.4. Ensure that the Patient is provided with all necessary Services provided for in the Contract and the agreed Treatment Plan.
9.2.5. Create proper and safetyconditions for the patient's stay in the institution.
9.2.6. Provide the most painless rational treatments according to medical indications.
9.2.7. Inform the Patient about circumstances that may arise and lead to an increase in the scope of the provision of Services, about possible risks and complications that may arise during the provision of Services.
9.2.8. In case of changes in the treatment process, coordinate with the Patient an additional or new treatment plan and its estimated cost.
9.2.9. To provide the Patient with medical prescriptions and recommendations after the provision of the Service.
9.2.10. At the request of the Patient to provide information about the Contractor's mode of operation, conditions and procedure for the provision of Services.
9.2.11. At the end of treatment, provide at the request of the Patient an extract from the medical card, copies of the results of examinations, certificates, digital media by appointment, etc.
9.2.12. Observe the absolute confidentiality of information about the state of health, the results of medical examinations and examinations, the intimate and family aspects of the patient's life.
9.2.13. Use medicines and medical devices authorized for use in Ukraine.
9.2.14. Maintain and maintain medical records and reports in accordance with the requirements of the legislation of Ukraine.
10.QUALITY OF SERVICES
10.1. Services are provided by medical professionals of the Institution, who have the necessary special education and meet the uniform qualification requirements in accordance with the legislation of Ukraine. Certain types of Services may be provided by different medical specialists of the Contractor.
10.2. Services are provided in accordance with industry standards in the field of health care and/or medical care protocols approved by the Ministry of Health of Ukraine.
10.3. The quality of the Services provided must comply with the requirements of the legislation of Ukraine.
10.4. Services must be safe for the patient's health.
10.5. Quality control of the provision of medical care is carried out in cases, in the manner and within the time limits provided for by the legislation of Ukraine
11.PERSONAL DATA OF THE PATIENT
11.1. In compliance with the Law of Ukraine “On Protection of Personal Data”, the Contractor informs the Patient about the processing of his personal data during the execution of this Agreement.
11.2. The owner of personal data is the Contractor.
11.3. Personal data are collected for the purpose of health care, establishing a medical diagnosis, for the provision of care or treatment or the provision of medical services (paragraph 6 part 2 of Art. 7 of the Law of Ukraine “On Protection of Personal Data”).
11.4. Complex content of personal data processed by the Contractor:
11.4.1. general data (including, but not limited to: surname, first name, patronymic, gender, date and place of birth, address of registration and place of residence, marital status, means of communication);
11.4.2. special data relating to the state of health of the person (including, but not limited to: the fact of seeking medical help, medical information about the person containing not only evidence of the state of health, but also of the medical history, proposed studies and therapeutic measures, prognosis of the possible development of the disease, the presence of a risk to life and health, information about the presence of a disability group, genetic data, etc.).
11.5. The patient has the following rights in the field of personal data protection:
11.5.1. know about the sources of collection, the location of their personal data, the purpose of their processing, the location or place of residence (stay) of the owner of the personal data;
11.5.2. obtain information about the conditions for providing access to personal data, in particular information about third parties to whom personal data is transferred;
11.5.3. access to your personal data;
11.5.4. receive no later than 30 calendar days from the date of receipt of the request, except as provided by law, an answer as to whether his personal data is processed, as well as to receive the content of such personal data;
11.5.5. Submit a reasoned request to the Contractor objecting to the processing of his personal data;
11.5.6. Make a reasoned request for the modification or destruction of your personal data by the Contractor, if such data is processed illegally or is inaccurate;
11.5.7. to protect your personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-disclosure or untimely provision, as well as to protect against the provision of information that is inaccurate or dishonors the honor, dignity and business reputation of an individual;
11.5.8. to complain about the processing of your personal data to the Commissioner or to the court;
11.5.9. apply remedies in case of violation of the legislation on the protection of personal data;
11.5.10. know the mechanism of automatic processing of personal data;
11.5.11. to protect against an automated decision that has legal consequences for the patient.
11.6. Personal data of patients are stored in the form of file folders and/or local electronic databases.
11.7. The Contractor undertakes to ensure the confidentiality and security of the Patient's personal data during its processing. Employees of the Contractor carry out the processing of personal data of the Patient exclusively in connection with the performance of their professional duties and undertake not to allow the disclosure of personal data entrusted to them or became known in connection with the performance of professional, official and labor duties.
11.8. The executor may transfer personal data of patients to the Department of Health of the Lviv Regional State Administration, prosecutor's offices, law enforcement and judicial bodies, guardianship and trusteeship bodies, ISEC, Social Insurance Fund, etc., only to the extent necessary for them to exercise their powers.
11.9. Lawyers have the right to access the personal data of patients who are their clients only and only if these clients consent to such transfer. Personal data are transferred to other persons only with the consent of the patient or his legal representative (parents, guardian or guardian). For scientific and statistical purposes, non-personally identifiable personal data may be transferred.
11:10 a.m. The Patient consents to the use of contact data provided by the Contractor for the purpose of informing the Patient, communicating with the Patient; for sending medical, informational and/or advertising messages; sending messages, the text of which may contain personal and confidential information about the Patient. According to the written application of the Patient, the contact details of the latter are excluded from list of recipients for information and advertising messages.
12.CONFIDENTIALITY
12.1. Confidential under this Agreement is information about the fact of the Patient's request for medical assistance, the established diagnosis, the list of Services provided, as well as other information, which, in accordance with the current legislation, is considered confidential information (information with limited access).
12.2. The Contractor undertakes to respect the confidentiality of information received during the performance of this Agreement.
12.3. The Contractor declares that the confidentiality obligations provided for in this section are of an indefinite nature and remain in force after the expiration of this Agreement.
I'm 13.RESPONSIBILITY OF THE PARTIES
13.1. For non-performance or improper performance of their obligations, the Parties shall be liable in accordance with the current legislation of Ukraine and this Agreement.
13.2. The patient is responsible for the reliability of the information provided regarding his health, the fulfillment of the doctor's recommendations, the timely payment of the Services provided.
13.3. The Contractor is responsible for the quality and safety of the Services provided.
13.4. In case of delay in payment of the Services rendered, the Contractor has the right to demand from the Patient to pay a penalty in the amount of the double discount rate of the National Bank of Ukraine from the amount of actual debt for each day of delay, and for a delay of more than 30 (thirty) days — to additionally demand from the Patient to pay a fine in the amount of the amount owed dependability.
13.5.Is not an indicator of inadequate quality of the Services provided by the Contractor:
13.5.1. complications and other side effects of the intervention arising from the biological characteristics of the Patient's organism and the likelihood of which the available knowledge and technology cannot be completely ruled out if the Services are provided in compliance with all necessary actions and conditions imposed on services of this kind;
13.5.2. possible discomfort caused by the specificity of medical techniques and resulting from the reaction of the body to the physical, chemical effects of drugs that pass within a reasonable period of time and about which the patient was informed in advance by the attending physician;
13.5.3. complications arising after the provision of the Services in case of gross non-compliance (violation) by the Patient of the recommendations given by the attending physician.
13.6.The performer is exempt from liability for the result of the Services provided and for the harm caused to the health of the Patient, in cases of:
13.6.1. failure by the Patient to fulfill the prescriptions and recommendations of the attending physician, the Treatment Plan;
13.6.2. non-attendance or untimely attendance of the Patient to scheduled appointments or check-ups;
13.6.3. refusal of the Patient to continue treatment and/or early termination of the Agreement;
13.6.4. failure to notify, untimely notification by the Patient of material information about his/her state of health (anamnesis), existing bad habits or reports of knowingly false information;
13.6.5. receiving medical care in other healthcare facilities or from other medical professionals;
13.6.6. failure to notify the doctor in a timely manner by the Patient of the complications arising during the term of the Agreement;
13.6.7. use of medicines and medical devices of inadequate quality or those not prescribed by the Contractor's doctors;
13.6.8. occurrence of allergies or refusal of medical drugs or materials authorized for use;
13.6.9. the development of diseases or pathologies not related to the provision of services under this Agreement.
13.7. The patient is informed that modern medicine is not an exact science, therefore diagnosis and treatment cannot guarantee obtaining an accurate and positive effect. The patient is aware that due to the limited capabilities of modern medicine, the complexity of diagnosing and treating certain diseases, the individuality and uniqueness of the organism of each patient, the Services offered by the Contractor may not bring the expected result or even cause deterioration of the patient's health, the occurrence of atypical reactions and complications that are not taken into account in the medical industry standards (protocols) and not described in the special literature.
14.CIRCUMSTANCES OF FORCE MAJEURE
14.1. The Contractor shall be released from liability for non-performance or improper performance of obligations under this Agreement in the event of circumstances of force majeure that did not exist at the time of the conclusion of the Agreement and arose outside the will of the Parties (accident, disaster, natural disaster, epidemic, episotia, war, military action, public unrest, strike, terrorist acts or acts, anti-terrorist operations, fires, lightning strikes, explosions, lack of electricity, interruptions in the supply of natural gas or drinking water, failure of equipment or equipment, temporary incapacity of doctors or other medical personnel of the Contractor, etc.).
14.2. The patient is exempted from liability for non-performance or improper performance of obligations under this Agreement in the event of circumstances of force majeure that did not exist at the time of the conclusion of the Agreement and arose outside the will of the Parties (accident, disaster, natural disaster, epidemic, epizootic, war, military action, public unrest, strike, terrorist acts or acts, anti-terrorist operations, fires, lightning strikes, explosions).
14.3. A Party which is unable to perform its obligations under this Agreement as a result of force majeure circumstances shall, if possible, immediately, but not later than within 3 (three) calendar days from the occurrence of such circumstances, notify the other Party thereof.
I'm 15.DISPUTE RESOLUTION PROCEDURE
15.1. In the event of disputes or disagreements, the Parties undertake to resolve them through mutual negotiations and consultations.
15.2. At the moment when the Parties fail to reach agreement, disputes (disagreements) are resolved in a judicial manner in accordance with the legislation of Ukraine.
I'm 16.AMENDMENTS TO THE CONTRACT
16.1. Amendments to this Agreement are made by the Contractor unilaterally and are published on the Contractor's website and on paper in the Contractor's Institution - at the reception and/or in the Corner (folder) of the consumer. In case of discrepancies between the terms of this Agreement published on the Contractor's website and on paper in the Contractor's Institution, priority shall be given to a copy on paper.
16.2. In case of amendments to this Agreement (including in case of changes in prices for the Services), the Contractor is obliged to inform the Patients about this 14 days before the expected date of implementation of the changes by placing an announcement at the reception in the premises of the Institution.
16.3. In case of disagreement of the Patient with the changes made to the Agreement, such Patient is obliged to terminate the Agreement within a week from the moment he learned or could learn of the changes. Continued use of the Services indicates the consent of the Patient with the changes made to the Agreement.
He's 17.THE TERM OF THE CONTRACT AND OTHERCONDITIONS
17.1. This Agreement shall enter into force from the date of its conclusion and shall be valid indefinitely, until terminated by any of the Parties in the manner prescribed by the Agreement.
17.2. All deadlines for the provision of Services during the implementation of the Treatment Plan are approximate and may vary depending on the patient's state of health and other objective or subjective circumstances.
17.3. The validity of this Agreement shall be terminated in the following cases:
17.3.1. By mutual agreement of the Parties, including by concluding an Additional Agreement on Termination of the Agreement.
17.3.2. At the initiative of the Patient by submitting a written application to the Contractor no later than 10 days before the expected date of termination of the Contract. The contract is considered terminated from the date specified in the application.
17.3.3. At the initiative of the Contractor in cases of violation by the Patient of the terms of the Agreement and/or the Rules, provided that all necessary actions are taken to prevent any deterioration of the Patient's state of health in connection with such refusal. The Contractor informs the Patient in writing about the reasons for the refusal of the Contract and the date from which the Contract will be considered terminated.In the absence of communication with the Patient, the notice of termination of the Agreement is sent by letter to the address specified in the Agreement. The contract is terminated to surrender, which is indicated in the notice of the Contractor.
17.4. The parties unconditionally agree under the details of the Patient to consider the information specified by him when filling out the relevant Contractor questionnaires containing the Patient's personal data, or drawing up the Treatment Plan and Medical Card.
May 17. The Patient understands and agrees that all information posted on the Contractor's Internet resources is only informational and advisory in nature and cannot be construed as medical information and as a guide to its use in relation to the Patient's person.
17.6. The rules for the stay and service of patients in the Institution and the current tariffs for medical services are approved by the Contractor and are posted on the website, as well as in the Consumer's Corner (folder) in the Institution and provided for familiarization upon the Patient's first request.
17.7. On all documents related to the conclusion and performance of this Agreement, which provide for their signature by the Patient, together with the signature, the Patient must personally indicate his surname and initials.
18.DETAILS OF THE PERFORMER
LIMITED LIABILITY COMPANY “M-ORTHOTRAUMA”
Code of legal entity 43924707
m. Lviv, str. Stavova, Bud. 7-IN
+380684144000
Director: Olena Leonidovna Kholoniuk
RULES
stay and care of patients in the Medical Center
LLC “M-ORTHOTRAUMA”
1. General provisions
1.1. This local regulatory act regulates the rules of internal regulations Medical Center LLC “M-ORTOTRAUMA” (hereinafter - the Center), the procedure for the stay of Patients in the Center, the peculiarities of the service of Patients, the procedure for the provision and payment of medical services, etc.
1.2. The Center provides medical services to citizens of Ukraine, citizens of other countries and stateless persons (hereinafter referred to as Patients) who have applied to it independently or have been referred from other health institutions.
1.3. If the consumer of the services is a minor, minor or incapacitated person, the rights and obligations provided for in the Rules for the Patient are acquired by the legal representative of such person.
1.4. When concluding an agreement with the Patient on the provision of medical services, these Rules become an integral part of such contract.
1.5. All medical and other services in the Center are paid.
1.6 Information about participants and company management, license for medical practice, medical personnel, price list, current discount programs is open for all visitors and is posted in the “Consumer Corner”. More extensive information Patients can receive during consultations with doctors or at the reception with the administrator.
2. The procedure for registering patients for a doctor's appointment
2.1 Medical services are provided in the Center on an outpatient basis. Outpatient admission of Patients is carried out during the opening hours of the Center according to the work schedules of doctors.
2.2. Reception of Patients takes place from Monday to Friday from 08:00-20:00, Saturday from 09:00-15:00, Sunday - day off.
2.3. Appointment to the Center is made in advance, one day or several days before the desired visit.
2.4. Admission without prior appointment on the day of admission is possible only if there are free places in the doctor's work schedule by profile.
2.5. The patient can obtain preliminary information about the list of services, their cost, payment procedure and more from the administrators of the Center directly or by phone. The patient can choose the day and time of admission from the available places in the record, which will be informed by the administrator of the Center.
2.6 Registration of the Primary Patient is carried out by the Administrator of the Center, who determines the date and time of admission, as well as the attending physician. At the time of making an appointment, the Patient must indicate the service or services for which he is registering.
2.7. If it is necessary to involve other specialists in the complex treatment, the attending physician applies to the administrator of the Center, who makes an appointment with the appropriate specialist if he has free places in the record.
2.8. Registration of the secondary Patient is carried out by the administrator of the Center in agreement with the attending physician in accordance with the agreed treatment plan.
2.9. If the Patient is not able to arrive at the appointed time and if it is necessary to cancel the visit itself or change the appointed time of the visit, the Patient is obliged to inform the administrator of the Center 12 hours before the appointed time of the visit.
2:10 a.m. In the event that the Patient did not appear at the appointment at the appointed time without warning, or informed about it later than 12 hours. before the visit, he is obliged to cover the cost of the service for which the record was created.
2:11 a.m. If the patient is late for more than 20 minutes, the visit may be canceled.
2:12 a.m. In case of unforeseen absence of a doctor and other emergency circumstances, the administrator of the Center warns the Patient about this at the first opportunity by the contact phone that was indicated by the Patient. At the same time, at the request of the Patient, the recording is transferred to another convenient time for him.
3. Rules of being in the Centeralcuni testo
3.1 The patient who has entered the Center is obliged to remove the outerwear and leave it in the wardrobe (appropriate closet or on a hanger), leave large suitcases or bundles in the closet, put on shoe covers, clarify his record with the administrator.
3.2. The Center is not responsible for the safety of money, valuables and clothing of patients (visitors), except those that have been transferred to responsible storage.
3.3. The patient who is in the Center should treat the staff and other patients with respect, not allow himself to show rudeness and tactlessness. The behavior of the patient should not violate the atmosphere of respect and benevolence.
3.4. Coordinating work when contacting patients to the Center is provided by the administrator, who performs the functions of distributing Patients to doctors, provides background information.
3.5. When registering for all types of services, the Patient must approach the administrator, after which he can wait for the start of admission in the waiting area in the lobby of the Center.
3.6. The start time of admission to the doctor may occur with little expectation. This is due to the fact that all Patients have different problems and pathologies, the duration of admission may exaggerate the estimated time interval and the start of the next administration may be delayed.
3.7. The center conducts video recording in the corridors and at the reception, which is used exclusively for security purposes and to confirm compliance with these Rules by patients and employees.
3.8. In the Center it is strictly forbidden:
- go to medical facilities in outerwear or without wearing shoe covers;
- go to the doctor's offices without prior invitation;
- come to the doctor's appointment in a state of alcohol or drug intoxication, under the influence of psychotropic substances;
- smoking, drinking alcohol, narcotic or other psychotropic drugs;
- show any form of aggression;
- violate the silence mode, incl. when listening to music, watching TV programs, videos, playing computer games, etc.;
- violate safety precautions, including fire safety standards;
- to violate sanitary and epidemiological norms, including when using public places, to pollute in the premises of the Center;
- violate the norms of public morality, ethics;
- violate the legal requirements regarding the confidentiality and privacy of information about other patients and visitors to the Center;
- spoil and appropriate property, inventory and equipment (including medical and other documentation) of the Center and other persons;
- conduct telephone conversations from office phones (without the permission of the staff);
- engage in any kind of trade or exchange;
- bring or bring to the Center animals, birds, weapons, stinging and cutting objects, alcohol, strong-smelling flowers, poisonous substances, chemical compounds and reagents.
3.9. The above restrictions apply to patients, persons accompanying patients, and other visitors.
3:10 a.m. The Administrator of the Center has the right not to allow patients who violate the requirements of the internal regime of a medical institution, have signs of intoxication or effects of narcotic or psychotropic substances to enter the Center. If it is necessary to stop the illegal actions of such patients, the administrator can call police officers.
3:11 a.m. In order not to disclose medical secrets, photo, audio and video shooting by visitors is strictly prohibited in the premises of the Center.
4th. Registration of documents for patients alcuni testo
4.1 Each Patient is provided with a medical record, the list of which is given below. In the preparation of medical documentation, information is collected about the general state of health of the Patient (past and present diseases), contraindications, specific reactions, characteristics of the Patient's organism and his personal data (passport data, place of residence, work, etc.), which are necessary to ensure prompt communication with each Patient and his relatives and relatives.
4.2 When contacting the Center at the request of the doctor, the Patient fills in and signs:
- a questionnaire with the patient's personal data and medical history, where data on the state of health, intolerance to certain drugs are indicated;
- informed voluntary consent to diagnostics, treatment and surgery and anesthesia (form No. 003-6/o), which is a condition for the beginning of the provision of medical services;
- other consents for treatment in accordance with the type of treatment according to the form established by the Center;
- contract for the provision of medical services (according to the types of medical interventions determined by the Center or at the request of the Patient);
- treatment plan as a separate document or treatment plan in the medical card;
- other documents identified by the Center as mandatory.
4.3 Each Patient is obliged to inform the doctor of reliable information about his state of health, otherwise the Center is removed from the legal responsibility for the occurrence of adverse situations during treatment or a decrease in its effectiveness.
4.4. If, during the independent registration of questionnaires (other documentation) or answers to the doctor's questions, the patient is not sure of the correctness of his answer, he must notify the doctor about it.
4.5. A medical card is created for each patient, which records all the data of the diagnostic examination, additional examination methods, as well as the diagnosis and recommendations of the doctor. The medical card is the property of the Center and is kept throughout the follow-up and treatment, and then for 5 years. Patients are provided with a medical card for familiarization upon request. All survey data and advisory conclusions Patients receive in the form of an extract from the medical card.
4.6. When issuing a medical card at the request of the administrator, the patient must present a passport or other identity document, as well as, if available, an insurance policy and a discount card.
4.7. The conformity of the Patient's personal data in the absence of identity documents must be confirmed by the Patient's personal signature in a special questionnaire (Appendix 5). The refusal of the Patient, who does not have a passport, to confirm with a personal signature the veracity of his personal data in the questionnaire is the basis for refusing further provision of medical services, except in cases where such refusal may endanger the life and health of the Patient.
4.8. If it is necessary to conclude an Agreement with the Patient on the provision of paid medical services, the presentation by the Patient of the passport and registration number of the taxpayer's registration card is mandatory.
4.9 The rules for familiarization, issuance and storage of medical records are regulated by a separate instruction.
5. Features of the provision of medical services
5.1. The choice of the Patient or the appointment of the attending physician for each Patient is according to the reason for the appeal and the schedule of admission of specialists. The patient has the right to be observed by one doctor, with an appropriate prior appointment and informing the administrator of the Center.
5.2. The attending physician is obliged to guide the Patient until the end of the treatment agreed with the Patient.
5.3. It is not allowed to transfer the Patient from the attending physician to other doctors of the Center without the agreement of the Medical Director and the attending physician.
5.4. The patient has the right to demand the replacement of the attending physician at any stage of treatment and has the right to refuse treatment at the Center altogether.
5.5. Medical interventions begin only after appropriate information and consent of the Patient or his legal representatives. In emergency cases (in order to save life and health), in accordance with the requirements of the current legislation of Ukraine, medical interventions can be carried out without the consent of the Patient.
5.6. In respect of a Patient under 14 years of age (a minor Patient), as well as a Patient declared incompetent in accordance with the procedure established by law, medical intervention is carried out with the consent of their legal representatives.
5.7. In the event of doubts about the patient's legal capacity, the doctor must inform the management of the Center.
5.8. In the agreed time with the Patient, the Doctor of the Center conducts anamnesis and examination of the Patient, establishes a preliminary diagnosis, determines the methods and possible treatment options, the consequences of treatment and the predicted results, the degree of treatment risk and possible complications and informs the Patient in detail about this.
5.9. Before starting treatment, a treatment plan is agreed with the Patient (his representative). In some cases, when it is not possible to immediately determine the entire volume of medical interventions, a preliminary treatment plan is drawn up.
5:10 a.m. Information about planned and carried out therapeutic measures is recorded in the medical card and agreed with the Patient under the signature.
5:11 a.m. Before carrying out medical intervention, each patient is provided with an explanation of the purpose, nature and duration of the proposed examinations, therapeutic measures, as well as possible complications and risks. If the Patient does not agree to the use of the necessary additional methods of preventing complications in the treatment, then this fact is recorded in writing in the medical card by the doctor with a note that the Patient has been informed about the possibility of increasing the risk of complications in the future. With his signature, the Patient (representative) confirms that he is familiar with such consequences.
5:12 a.m. If in the process of providing services there is a need to change the treatment plan and/or perform additional actions related to medical indications, then such services are provided with the prior consent of the Patient.
5:13 a.m. The refusal of the Patient to carry out additional actions related to medical intervention is made in writing explaining to the Patient the consequences of such refusal (see Fig. Appendices 2, 4).
5:14 a.m. If, when coordinating the treatment plan in connection with the characteristics of the organism or the general state of health of the Patient, the ineffectiveness of treatment is predicted, the doctor should try to prevent possible conflict situations in the future by choosing the most correct and justified method of treatment.
5:15 a.m. If the Patient nevertheless insists on carrying out medical interventions or works that go beyond a favorable prognosis regarding their effectiveness or the achievement of the desired result for him, he must sign a waiver of the guarantee obligations of the Center in relation to the treatment plan chosen by him.
5:16 a.m. In case of disagreement of the Patient with the arguments and explanations of the attending physician, the latter has the right to refuse further treatment, take from the Patient a written receipt of refusal of treatment under the conditions proposed by the doctor (Appendix 1) or draw up an act with the participation of 2 witnesses, if the Patient does not want to provide such a receipt (Appendix 3). The decision to terminate the legal relationship with such a Patient is made by the Medical Director.
5:17 a.m. In the event of a conflict situation with the Patient regarding the quality, procedure, duration of treatment, making important changes to the previously agreed treatment plan, suspension (discontinuation) of treatment, as well as making demands for the immediate replacement of the attending physician, the medical staff is obliged to observe medical ethics and prevent the development of conflict, as well as inform the medical director about it (with a report note).
5:18 a.m. In cases where the Patient does not fulfill the medical prescriptions (recommendations) of the doctor, violates the established treatment regimen, medical procedures and interventions, terminates treatment ahead of time, the doctor notifies the Center management in writing and makes an appropriate entry in the Patient's medical card. In this case, the Center is not responsible for the patient's state of health or the effectiveness of his treatment.
6th. The procedure for payment of services
6.1. The prices for the services provided by the Center are determined by the Price List, which the Patient is obliged to familiarize himself with before the start of the provision of services. Prices and price list structure are subject to change. The patient is informed about price changes on the eve of admission to the doctor orally or when making an appointment.
6.2. The cost of services is determined by the Treatment Plan, is preliminary and can be changed by the Center unilaterally in the event of a change in the Price List of prices for services (unless the contract concluded with the Patient provides otherwise) and/or changes with the consent of the Patient to the Treatment Plan. The treatment plan can be recorded, in particular, in the account for the services rendered, the medical card or the contract.
6.3. All additional types of examinations that are not included in the scope of the specific medical service provided to the Patient are calculated additionally after they are carried out.
6.4. The Services are paid by the Patient on the day the Service is provided - before or immediately after the provision of the Service, in the amount of the full cost of the Service provided in a specific visit at the prices applicable at the time of the provision of the Services.
6.5. Online services are provided only with 100% prepayment.
6.6. For certain types of services that involve the preliminary costs of the Center (purchase of medical devices, materials, payment of third-party services, etc.), the patient must make a 100% prepayment.
6.7. In the case of changing the Treatment Plan towards increasing or performing additional actions that increase the previous cost of services (subject to the prior consent of the Patient), the Patient is obliged to pay the difference in the cost of the services before the start of their provision, and if the change of the Treatment Plan and the actual provision of the service takes place in the same visit to the Center, - no later than three days after the provision of the service.
It's 6.8. Payment is made in UAH in cash at the cash desk of the Center or by bank transfer (by bank card through the payment terminal, bank transfer to the current account of the Center).
6.9. The payer for services can be both the Patients themselves and their representatives (relatives, trustees), as well as enterprises, organizations, charitable foundations, etc.
6:10 a.m. Patients who are citizens of other countries or have entered into a voluntary medical insurance contract are obliged to clarify the possibility of paying for services with their insurance company before receiving medical and other services at the Center. Services under the insurance policy are provided subject to the preliminary conclusion by the Center of the relevant contract with the insurance company of the insured person.
6:11 a.m. After receiving and paying for the services at the request of the patient, the administrator draws up an act of acceptance and transfer of the services provided in two copies and provides the Patient for signature. By agreement between the Patient and the Center, the act can be signed both after each visit by the Patient to the doctor, and after the provision of all the services specified in the Treatment Plan.
6:12 a.m. The patient must sign both copies of the act or provide a written reasoned refusal to sign it. When the Patient signs the act or refuses to sign the act without providing a written reasoned refusal, the services are deemed to have been provided properly, of proper quality, in full, in accordance with the Treatment Plan, and accepted by the Patient in full without complaint to the Center. In the case of a written motivated refusal of the Patient to sign the act and accept services by the representatives of the Center and the Patient, an act is drawn up specifying the necessary actions and specifying the deadlines for their implementation.
6:13 a.m. Within the framework of special discount programs, patients can be provided with discounts, the size and procedure of which are determined by the head of the enterprise.
6:14 a.m. If, due to the fault of the Center, the services are not provided to the Patient in full, the cost of undeclared and paid services shall be reimbursed to the Patient within three working days from the moment the Patient applies to the Center with the corresponding application.
6:15 a.m. In case of inability to provide the Services (part of the Services) due to the fault of the Patient - due to the patient's failure to appear for a doctor's appointment or for another medical procedure, violation by the Patient of the terms of this Agreement and/or the Rules, the Contractor has the right not to return to the Patient the amount of prepayment paid by him. At the same time, the Patient may apply for a refund for the services not actually rendered, and the Contractor is obliged to consider the possibility of a refund minus the costs actually made and the costs of manufacturing (ordering) therapeutic structures for the Patient within three working days from the moment the Patient addressed the relevant application.
6:16 a.m. The patient does not have the right to refuse to pay for the agreed and actually provided services.
6:17 a.m. In all cases where the cost of the services agreed and actually received by the Patient is not expressly determined by the Treatment Plan, including when the services specified in the Treatment Plan are not provided in full, the cost of such services (parts of the services) is determined in accordance with the Price List of the Center.
6:18 a.m. Collection of debts from Patients for services rendered takes place in accordance with the current legislation of Ukraine.
7. Patients' Rights and Responsibilities
7.1. In accordance with the Constitution of Ukraine, the Law of Ukraine “Fundamentals of the Legislation of Ukraine on Health Care” dated 19.11.1992. No. 2801-XII and the Civil Code of Ukraine Every patient has the right to:
- health care, respect for honor and dignity;
- reliable and timely information about the state of their health;
- receiving qualified, effective and timely medical care (services);
- the choice of a doctor and a health institution, including the choice of another doctor instead of the one who previously performed the treatment;
- selection of treatment methods in accordance with the doctor's recommendations (in particular, to choose a treatment plan at his discretion, if the doctor has determined several treatment plan options, having previously read the results of the examination, diagnosis, treatment methods, associated risks, advantages and disadvantages of different treatment plans, possible complications);
- obtaining information about the conditions of provision of services, about the names and qualifications of persons who will provide him with medical care;
- familiarization with the procedure of examination, treatment and the risk that occurs when performing medical manipulations/operations;
- normal conditions of stay in a health facility;
- pain relief;
- Conducting, at his request, a consultation and consultations of other specialists of the Center;
- keeping secrets about the state of their health, about the fact of seeking medical help, about the diagnosis, as well as about the information obtained during the medical examination;
- providing informed voluntary consent to medical intervention;
- refusal of medical intervention after receiving adequate information about the disease, its possible negative consequences and complications (except for urgent cases where a real threat to life is present);
- direct familiarization with medical records;
- receipt of an extract from the medical card about the amount of medical care provided, including the materials used, the state of medical health and the treatment performed;
- compensation for damage caused to health;
- appeal against illegal decisions and actions of employees, institutions and health authorities.
7.2. The patient is obliged to:
- follow the recommendations and prescriptions of the attending physician. It is mandatory to follow the doctor's instructions regarding the regimen of taking medications, nutrition, physical activity, giving up bad habits, etc.;
- timely come to scheduled appointments to the attending physician, incl. for procedures, examinations, consultations, etc.;
- in case of pain, discomfort and other complaints in the periods between treatment sessions, immediately notify the doctor or the duty administrator, or visit the Center for assistance;
- appear for control and preventive examinations at a time agreed with the doctor. In case of inability to attend treatment or control examination at the appointed doctor's appointment, warn the doctor or administrator about this at least in a day;
- pay for medical services in full and according to the preliminary calculation of the cost of treatment, based on the current price list of the Center;
- pay the cost of treatment of complications of the underlying disease or concomitant pathology identified during the examination, subject to consent to such treatment;
- provide truthful personal data and information for anamnesis, inform the doctor about the transferred or existing diseases in accordance with the questionnaire provided, about contacts with infectious patients;
- comply with the rules for the stay of patients in the Center.
7.3. Patients are prohibited from taking medications that have not been prescribed by the attending physician.
7.4. Patients are not advised to leave valuables and money unattended.
8. Rights and Obligations of the Center
8.1. Rights of the Center:
- to refer the Patient to another specialized medical institution in the absence of the Center of technical capabilities to perform the necessary diagnostic or therapeutic measures;
- postpone the visit in case of unforeseen absence of a doctor or appoint another doctor to carry out treatment with the consent of the Patient;
- not to provide medical services without proper confirmation by the Patient of his commitment to pay for services;
- discontinue treatment of a Patient who knowingly, without reference to valid reasons, does not follow the medical prescriptions and instructions of the attending physician;
- stop the provision of services in case of refusal to compensate for material and moral damage caused by the Patient or persons accompanying him, as a result of intentional damage to the property of the Center;
- in special cases provided for by the current legislation of Ukraine, restrict the provision of medical information to the Patient;
- in case of emergency conditions, independently determine the scope of research and medical interventions necessary for the provision of timely medical care;
- refuse to provide services to the Patient (or suspend the provision of services) in the cases specified in these Rules.
8.2. The Center has the right to refuse the patient the provision of medical services at any time (provided that such refusal will not endanger the life of the Patient) in the following cases:
- when licensing restrictions, qualifications of its medical personnel or technical equipment do not allow to provide qualified and effective medical care. In this case, Patients are recommended other healthcare facilities where they can provide appropriate services;
- Providing the Patient with incomplete and/or inaccurate data about his/her identity and/or his/her state of health;
- if the Patient has allergic reactions, medical contraindications or diseases that exclude the safe provision of services or treatment by methods that have been determined by the parties;
- The patient refuses to undergo the necessary examinations for further treatment;
-if the patient refuses further treatment;
- The patient insists on the use of medicines or the use of diagnostic and treatment methods that are not allowed for use on the territory of Ukraine;
- non-compliance by the patient with the prescriptions or treatment schedule established by the attending physician;
- The patient is intoxicated with alcohol or drugs;
- the actions of the Patient endanger the life and health of the staff;
- requirements for services that are not included in the treatment plan;
- delay for admission more than 20 minutes;
- violation by the Patient of the requirements of these Rules.
8.3. The Center has the right not to start (or suspend) the provision of services to the Patient in cases of:
- refusal of the Patient to sign informed consents, filling out the health questionnaire;
- in the event of a debt of the Patient for payment of services (until the moment of full repayment of such debt);
- lack of proper confirmation by the Patient of payment for services (in case of cashless payment);
- non-arrival of the Patient on the established date and time to receive the relevant services.
8.4. The center is obliged to:
- in agreement with the Patient, appoint a competent doctor for examination and treatment;
- to conduct an examination of the Patient at the agreed time and provide consultation;
- after the examination (initial consultation) to provide the Patient with reliable and complete information orally: about his state of health within the framework of the doctor's specialization, about possible treatment options, prevention in a particular case; about medicines, materials to be used and their effectiveness; about contraindications, possible complications and temporary discomfort that may occur during or after treatment; on the appointment and recommendations that should be followed by the Patient to maintain or occur the expected result of medical measures;
- draw up a recommended treatment plan for the Patient, agreeing with him a list of specific medical and/or preventive measures, determining the procedure and timing of their implementation, as well as the preliminary cost of the corresponding treatment or services;
- if necessary, offer the Patient to undergo additional consultations and examinations with specialists of another medical profile, including in another medical institution, in order to clarify the diagnosis, the correct choice of materials and methods of treatment;
- identify and inform the Patient about the approximate deadlines for the implementation of various treatment plans;
- gradually agree with the Patient the time allotted for treatment;
- to provide before the start of treatment, and at the end - to clarify the prescriptions and recommendations for the Patient;
- in accordance with the previous diagnosis and treatment plan, to carry out quality treatment;
- use diagnostic, preventive and treatment methods permitted on the territory of Ukraine, in compliance with the requirements established for them;
- ensure compliance with current sanitary standards in preparation for the admission of patients and during treatment;
- provide the most painless and rational methods of treatment according to medical indications;
- in case of unforeseen absence of the attending physician, provide treatment by another doctor (with the consent of the Patient);
- in the event of changes in the diagnosis, amount of treatment, cost of treatment during treatment, inform the Patient about this before providing additional services;
- issue to the Patient an extract from the medical card, certificates and other documents provided for by the current legislation;
- observe the rules of medical ethics and deontology in the relationship with the Patient, as well as medical secrecy.
9. Responsibilities of the Center
9.1. The Center is responsible to the Patient for:
- quality and safety of the services provided;
- failure or improper performance of official duties by the medical personnel of the Center;
- non-compliance with the requirements for diagnostic and treatment methods allowed on the territory of Ukraine in accordance with the current legislation of Ukraine.
9.2. The Center is not responsible for the expectations of the Patient and is exempt from liability if the adverse circumstances were caused by extraordinary or urgent events under these circumstances or if the Center proves that it has taken all measures dependent on it for the proper provision of medical services.
9.3. The Center shall not be liable for any damage caused to the life or health of the Patient if it resulted from:
- non-appearance or untimely appearance of the Patient at the scheduled appointment to continue treatment or control examination;
- non-compliance by the patient with the recommendations of the attending physician;
- non-compliance of the patient with the recommended treatment plan, stages and terms of treatment;
- failure to notify or report inaccurate information by the Patient about his state of health;
- refusal or interruption by the Patient of medical intervention, diagnostic examination and/or preventive measures, as well as refusal of additional examinations objectively necessary for the treatment and prevention of undesirable complications;
- the occurrence of allergic reactions to drugs or medical devices authorized for medical use, the possibility of occurrence of which the doctor was not warned by the Patient.
10. Center Guarantees
10.1. The Center guarantees the high quality of its services, responsible attitude to each Patient, but each medical intervention is associated with a certain risk of an undesirable outcome.
10.2. The quality of medical services provided by the Center is determined by the complex of actions (activities) of the Center, which are responsible for the methods and properties of the requirements mandatory for such services. Requirements for the performance of components of a particular service of actions (activities) are established by educational programs for the training of specialists and regulatory legal acts in the field of health care.
10.3. The Center guarantees the use of only equipment, consumables and medicines authorized on the territory of Ukraine that have the appropriate certificates.
10.4. The Center guarantees the use of all consumables and medicines for which the Patient has paid.
10.5. The Center monitors its Patients until their full recovery and will do everything necessary for this within its competence.
10.6. In cases of referral of the Patient to other medical institutions for subsequent examination and treatment, the Center does not refund the cost of laboratory, diagnostic examination or consultations provided by the Center specialists.
10.7. In some difficult cases, with the written consent of the Patient, treatment or examination may be carried out without a guaranteed positive result. In such cases, the payment for the service is not refundable and is not taken into account in further treatment.
11. Procedure for the consideration of complaints and appeals of Patients
11.1. In the event that the Patient is dissatisfied with the quality of the medical services provided to him, the level of medical and service care, considers that his rights as a Patient and a Consumer have been violated, he has the right to apply with a statement or complaint to the Medical Director of the Center.
11.2. Written applications and complaints are considered in accordance with the deadlines specified by the current legislation of Ukraine, with a reply to the applicant by mail.
11.3. Oral complaints are considered at a personal appointment with the medical director (by appointment, and in urgent cases — at a personal request).
11.4. For the consideration of complaints and appeals in the Center, a commission for the consideration of complaints of Patients is formed.
11.5. For the objectivity of the consideration of complaints and in agreement with the Patient, the Administration of the Center may invite specialists from other medical institutions.
11.6. In order to carry out the verification of the Patient's information and claims, the examination of the accounting and legal documentation, the selection of explanations from doctors, administrators, etc., is usually carried out. The Center does not accept the claims of the Patient, which are based on the private opinions of specialists of other medical institutions.
11.7. Based on the results of the consideration of complaints and claims, a decision is made, which is necessarily brought to the applicant.
12. Final positions
12.1. The Center has the right to amend these Rules unilaterally, notifying the Patients with whom contracts for the provision of medical services have been concluded. Any changes or additions to the Rules are made on the basis of the order of the head of the enterprise.
12.2. For non-compliance or improper implementation of the provisions of these Rules, medical personnel are subject to disciplinary or material liability for damage (damage) caused to the Company or the Patient.
12.3. The rules must be stored in the city accessible to the Patient — in the “Consumer Corner” and at the reception and are provided by the administrator at the patient's first request. Each Patient is informed of the basic provisions of these Rules regarding his rights and obligations.
12.4. Cases not settled by these Rules are governed by the current legislation of Ukraine.
Medical Director N.O. Mashtaler
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