T.A.I.E.X. Workshop on Cross-border Healthcare Directive SPECIAL ISSUES Prof. Juozas Galdikas, MD, PhD Kazimieras Simonavicius University Vilnius, Lithuania.

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Presentation transcript:

T.A.I.E.X. Workshop on Cross-border Healthcare Directive SPECIAL ISSUES Prof. Juozas Galdikas, MD, PhD Kazimieras Simonavicius University Vilnius, Lithuania Ankara, April, 2015

Personal data protection (1) - Charter of Fundamental rights of the EU (Article 8 ). - Directive 95 /46 / EC ( 1995 ) on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Personal data protection (Article 4) - 2 “The MS of treatment shall ensure that: - The fundamental right to privacy with respect to the processing of personal data is protected in conformity with national measures implementing Union provisions on the protection of personal data, in particular Directives 95/46/EC and 2002/58/EC.”

Patients rights in Lithuania -1 The Constitution of The Republic of Lithuania ( Article 53 ): “The State takes care of people’s health and guarantees medical assistance and services in the event of illness of a person.”

Patients rights in Lithuania - 2 The main laws governing the legal health relationship and ensuring the rights of patients are: - Civil Code. - Law on Health System. - Law on Health Care Institutions. - Law on the Rights of Patients and Compensation for the Damage to Their Health.

Patients rights in Lithuania Right to High Quality Health Care Services. - Right to Choose a Health Care Institution and a Health Care Professional. - Right to Information. - Right not to Know. - Right of Access to Entries in one's Medical Records.

Patients rights in Lithuania – 4 - Right to Privacy. - Right to Anonymous Health Care. - Right of Participation in Biomedical Research and Training Process. - Right to Complain. - Right to the Compensation for the Damages.

Professional liability insurance ( Dir. ) “Member States should ensure that mechanisms for the protection of patients and for seeking remedies in the event of harm are in place for healthcare provided on their territory and that they are appropriate to the nature and extent of the risk. However, it should be for the Member State to determine the nature and modalities of such a mechanism.”

Professional liability insurance (Article 4) “The MS of treatment shall ensure that: - Systems of professional liability insurance, or a guarantee or similar arrangement that is equivalent or essentially comparable as regards its purpose and which is appropriate to the nature and the extent of the risk, are in place for treatment provided on its territory.”

Professional liability insurance ( LT ) - 1 “The law on the rights of patients and compensation for damage to their health” (1996) Article 25: - “Prior to providing health care services, each health care institution shall take out compulsory and/ or voluntary insurance against civil liability to compensate for economic and non-economic damages.”

Professional liability insurance ( LT ) - 2 “The order of Ministry of Health on the rules of the licensing of health care institutions” ( 2005 ). Article 50.12: -“The license holder’s responsibility – upon receipt of the license, within 30 calendar days to submit the copy of the compulsory and / or voluntary insurance against civil liability to compensate for economic and non-economic damages, and no later than the last day of the validity of insurance to submit new one.”

Right to Complain in Lithuania

Thank you for attention