Childbirth under the contract: care will not prevent
more and more future mothers Now choose childbirth under the contract.
From childbirth in free maternity hospital this option differs in more comfortable conditions, and from the personal arrangement with someone from medical personnel - security of all services declared in the contract. That is if some of terms of the contract it is broken or executed not properly, you can demand the money or their part back (sometimes with percent) through court. Advertizing of the maternity hospitals practicing contract system tempts with convenient living conditions (existence of the refrigerator, TV, phone in chamber and so forth) a possibility of the choice of the doctor, and also presence opportunities on childbirth any of family members and visits in maternity hospital the family. But of course the most important what future mothers count on, signing the contract, is a guarantee of the attentive relation of personnel. In some maternity hospitals even promise “to put“ the personal nurse to the baby.In order that all promised benefits were
a reality, it is necessary to show consideration for the conclusion of the contract extremely. Certainly, not all can study the contract with the personal lawyer therefore for the sake of your tranquility it is necessary most to become a little the lawyer.So what it is necessary to pay attention to, reading to
the contract? 1. Who acts as the party under the contract or, in other words, with whom the contract is signed?
- Who acts as the party under the contract or, in other words, with whom the contract is signed?
as directly with maternity hospital (or other medical institution providing including medical care at pregnancy, childbirth and during the postnatal period), and with medical insurance company.
the First option in legal sense represents the contract of rendering medical services, and the second - the contract of medical insurance.
In the first case needs to be sure that the medical institution has the right to render similar services. For this purpose ask to inform you of the corresponding license and the certificate confirming accreditation of medical institution on such type of medical care as “the services rendered to pregnant women and newborns“. Keep in mind that period of validity of the certificate - no more than 5 years, and for establishment with non-state form of ownership - no more than 3 years. Period of validity of the license makes 5 years.(in case of medical insurance) the system more difficult and reefs is more than
In the second case. Medical insurance is regulated by the Act of the Russian Federation from 28. 06. 91 No. 1499 - 1 “About medical insurance of citizens in the Russian Federation“.
the Medical insurance company signs with future mother the contract of medical insurance (the woman in labor under such contract is the insured person), under which this organization undertakes to organize and finance granting to medical care a certain volume and quality according to the program of medical insurance in a certain medical institution. In other words, you sign the contract with insurance company on the organization of childbirth in a certain maternity hospital, and at this company the contract for rendering medical services with the relevant maternity hospital has to be already signed. By the way, the contract can be signed and not with the most future mother, and for example, with someone from her relatives, but the insured person at the same time will specify her.
Before signing the contract, ask to show you the license of medical insurance company for the right to be engaged in medical insurance, and also the contract of this organization with maternity hospital which interests you. Check period of validity of this contract - suddenly it expires already tomorrow, and your childbirth is planned in two months.
Regardless of that, you conclude the contract directly with medical institution or through medical insurance company, be convinced that the contract from their name signs an authorized face.
Any organization (legal entity) gets the civil rights and assumes civil duties through the bodies operating according to the law, other legal acts and constituent documents.
the Conclusion of contracts is function of executive body of the legal entity (the director, the CEO and so forth) . They, in turn, can delegate powers on signing of contracts on behalf of the organization to other persons - by proxy. Therefore be not too lazy to study constituent documents (charter) of the organization with which you sign the contract to be convinced that the person signing the contract with you has the right to do it. It is also good to ask to show you the relevant document on appointment of this person to a position. If on behalf of the organization the contract signs any face on the basis of the power of attorney, you have to be convinced that the power of attorney is issued by someone who has rights of the conclusion of contracts on behalf of the organization. For this purpose read the charter and look who signed the power of attorney.In order that all promised benefits were
a reality, it is necessary to show consideration for the conclusion of the contract extremely.
if you deal with the serious company, then your requests will not cause to look at all above-named documents sidelong glances: it not only normal practice, but also your right established by the law.
Ya not incidentally so I focus attention on a question of signing of the contract by the authorized person. The matter is that in practice such scheme of work of medical insurance companies when in each of maternity hospitals with which they cooperate constantly there is a representative of concrete insurance company is very distributed. He tells about terms offered by the company shows photos of chambers and concludes contracts. At the same time function of the representative in the conclusion of the contract is reduced only to putting down in it own signature without its interpretation while in “cap“ of the contract it is in black and white specified that the contract is concluded by the company in the person of its CEO. On a question of whether the representative has a power of attorney on the conclusion of contracts issued by the above-named CEO that or honestly answers what is not present, or shows the contract from which follows that this person is the commercial representative (agent) of the company and has the right to make on behalf of the last transactions. But on closer examination it turns out that this agency contract only from the representative is signed, that is is a simple piece of paper without any validity.
the Same piece of paper will be also your contract with insurance company (to be exact, with the person who only calls himself it the representative) if you in the conditions described above everything are it will sign. Such contract just is not a prisoner, that is it does not attract any legal consequences - on it nobody should not nothing to anybody and does not bear any responsibility for anything! By the way, in such cases no official document on a reception-transmission of money under the contract is issued.This system works with
by the principle of a lottery: if everything passes successfully, you will be satisfied and do not even learn that your contract was full fiction and if something does not suit you, then it will unexpectedly be found out that for presentation of claims you have no formal bases as the contract is legally not concluded, and even on it you cannot prove the fact of transfer of money.
- Everything that to you is promised, has to find reflection in the text of the contract.
In the contract with medical insurance company:
- periods of validity of the contract;
- size, terms and order of introduction of insurance premiums;
- the list of the medical services corresponding to the program of voluntary medical insurance (which it is necessary to study separately);
- of the right, duty and responsibility of the parties.
Insured the medical institution and the doctor having the right to choose, - but according to terms of the contract of insurance. Therefore in the contract (or in the appendix to it) the medical institution which will directly provide services, and the doctor whom you chose has to be specified. Or there has to be a list of medical institutions from which you can choose that which suits you, and the order of such choice is established. In confirmation of the conclusion of the contract are obliged to issue you the insurance medical policy.Respectively in the contract with the medical organization have to be specified by
- periods of validity of the contract;
- size, terms and order of introduction of payment;
- list of medical services;
- of the right, duty and responsibility of the parties.
In either case special attention is deserved by the list of medical services. It is impossible to foresee the course of childbirth, and on a case of emergence of any complications (God forbid, of course) at you or at the kid it is necessary to know whether it is necessary to pay extra for additional services, and for this purpose it is necessary to find out what “standard set“ is included into the contract - respectively, all other services will be additional.
Anyway you always have a choice as without your consent to carry out any paid services the medical organization has no right . Even if to will present you with a fait accompli that they were executed, you have the right not to pay them and if paid - can demand return of this sum (the item of 3 St. 16 Laws “About Consumer Protection“).
As a rule, the contract includes stay of mother and child in a hospital only during a certain number of days. If it is required more, - it is necessary to pay in addition. The price of additional stay has to be reflected in the contract.
At last, all living conditions on which you were tempted have to be accurately stated in the contract as that: type of chamber (on one or on two people, lyuks chamber, chamber of joint stay of mother with the child), existence in chamber of phone, the TV, the refrigerator and away .
Quite often happens that show to future parents only the beautiful photo of chamber, and in reality the woman in labor is placed in much less comfortable.Keep in mind
: if conditions which promised you remained only in an oral form, can quite lodge you in usual general roddomovsky chamber (for example, in case of a big flow of women in labor) without any refund, and it will formally not be considered as any violation.Same
concerns also such widespread promise about an attachment to you the defined “personal doctor“ who will observe you before childbirth, to deliver and who can call in case of problems at any time. If it really is of great importance for you, then insist on fixing of this condition in the contract and on the indication of a name of this doctor in it.
- What responsibility of the parties?
According to St. 27 Acts of the Russian Federation “About medical insurance of citizens in the Russian Federation“, the insurance company bears legal and a liability before the insured party or the insurer for non-performance of terms of the contract of medical insurance. The liability is provided by terms of the contract of medical insurance.
you have the right for presentation of the claim to the insurer, medical insurance company, medical institution, including for material compensation caused on their fault of damage irrespective of, it is provided or not in the contract of medical insurance (Art. 6 of the same Law).
Besides, regardless of compensation of property harm and the suffered losses, you can demand compensation of moral harm (Art. 15 of the Law “About Consumer Protection“). Though to be fair it is necessary to tell that in Russia courts estimate still moral harm purely symbolical sums.
in case of breach of contract of rendering medical services (that is the contract signed directly with maternity hospital) you will have more wide choice of the measures of responsibility applicable to the medical organization. The matter is that even at absence in such contract of special regulations on responsibility of the medical organization for violation of its conditions special provisions of the law “About consumer protection“ work.
So, for example, if not at once to place you in the good chamber specified in the contract, then you can demand from the medical organization of payment of a penalty for each day of delay of three percent from the contract price, - and it besides the right for reduction of the sum of payment under the contract in this case.
So, dear future mummies, protect the nerves and health (they already not only yours!) and for this purpose try to exclude the unfair organizations at a stage of the conclusion of the contract, and also to consider the above legal subtleties.