PUBLIC OFFER AGREEMENT
on the provision of medical services
«ESTEVA» LTD represented by Director Ralko Nadiya Mykhailivna, acting on the basis of the Charter (hereinafter referred to as the “Contractor”), and any natural person who applied to the Contractor for medical services (hereinafter referred to as “the Contractor”) collectively referred to as the “Parties”, and each separately the “Party”, have entered into this Agreement on a public offer for the provision of medical services (hereinafter – the 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 offer that contains all the 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 terms of this Agreement.
1.2. The terms of this Agreement are set the same for all Patients, except for those to whom the legislation of Ukraine provides the relevant benefits, if any.
1.3. If the consumer of services is a minor, a minor or an incapacitated person, the rights and obligations provided by the Agreement for the Patient are acquired by the legal representative of such person.
1.4. The Contractor confirms that he has all the necessary permits to carry out business activities in medical practice related to the implementation of this Agreement, and is responsible in case of violation of the Patient’s rights during the implementation of the Agreement and implementation of 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 № 155 from 16.02.2017 (Registration dossier from 09.02.2017 № 0902/02-M)
1.6. List of permitted specialties of the Contractor:
1.6.1. Medicinal: organization and management of health care, dermatovenereology, ultrasound diagnostics, gastroenterology.
1.6.2. specialties of junior specialists with medical education: nursing.
1.7. Place of activity: Kyiv, street Machine-building, bldg. 8.
1.8. Information about the participants and management of the company, license for medical practice, medical staff, certificates for medical devices and equipment, price list, current discount programs are open to all visitors and placed in the “Consumer’s Corner” and “Consumer Folder”. Patients can get more information during consultations with doctors.
1.9. The Contract is binding on the Contractor from the moment of its publication on the Contractor’s website.
2. ACCEPTANCE OF THE AGREEMENT
2.1. The Agreement is considered concluded without its further signing from the moment of the Patient’s oral request for medical services or other actions provided by the Agreement, which indicate consent to comply with the terms of the Agreement (informed consent for diagnosis and treatment, actual use of services, payment of the Contractor’s bill, etc.). without signing a written copy by the Parties.
2.2. The date of the patient’s first appeal to the Contractor with the consent of the Parties is considered the date of conclusion of this Agreement. The patient is considered to be acquainted with the Agreement at the time of concluding the Agreement.
2.3. Each Party guarantees to the other Party that it has the necessary capacity, as well as all the rights and powers necessary and sufficient for the conclusion and implementation of this Agreement in accordance with its terms.
2.4. By concluding 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 using medical services, each Patient is obliged to read the terms of this Agreement and tariffs for the Services, which are posted (published) on the official website of the Contractor and in the Corner (folder) of the consumer.
2.6. All terms and conditions 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 has no right to enter into this Agreement.
2.7. At the written request of the Patient, the Contractor shall 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 meaning:
3.1. Medical service – specialist consultations, examinations, diagnostic examinations, medical manipulations, hygienic procedures and any other medical activities performed by the Contractor’s medical staff in an outpatient setting and aimed at providing diagnosis, prevention, treatment, rehabilitation of diseases, pathologies or conditions of the Patient.
3.2. Patient – an individual who applied to the medical institution of the Contractor for medical 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 – the Institution) is a health care institution established by the Contractor and located at the address: Kyiv, Mashinobudivna Street, building 8.
3.4. The Contractor’s website is a web page on the Internet at https://esteva.com.ua, which is the official source of informing Patients about the Contractor and the services provided by him.
3.5. The attending physician is the Contractor’s physician who provides medical services to the Patient in the Institution.
3.6. Service plan – orally selected by the doctor for each patient individually and agreed with the patient a set of preventive, curative, diagnostic, rehabilitation measures, medical manipulations, etc., necessary to achieve positive results of treatment of the patient’s disease, indicating treatment stages, list of medical interventions, target treatment periods and the estimated cost of treatment at prices in effect on the day of requesting the service.
3.7. Schedule of visits is a schedule of prescribed medical services, which determines the list of services, calendar date and exact time when the Patient must come to the Institution to receive such services, which is signed by the Patient and is mandatory for the latter.
3.8. Informed consent – the patient’s consent to medical intervention is approved by the Ministry of Health of Ukraine, which is drawn up in writing by signing and, if necessary, separately approved by the Contractor of the form for a specific type of manipulation.
3.9. Rules – The rules of stay and care of patients in the Institution, approved by the Contractor and binding on the Patient, which the Patient is obliged to read before concluding the contract.
4. SUBJECT OF THE CONTRACT
4.1. The Contractor undertakes to provide the latter (or the person in whose interests this Agreement is concluded) with one or more paid medical services from the List of the Contractor’s 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 for the Services under the conditions specified in this Agreement.
4.2. The scope, type, cost and terms of the Services are determined taking into account the health of the Patient, medical indications, the wishes of the Patient and the technical capabilities of the Contractor.
4.3. Based on the initial examination of the patient, the attending physician establishes a preliminary diagnosis, determines methods and possible treatment options, treatment consequences and expected results, the degree of risk and possible complications, informs the patient in detail.
4.4. Based on the results of the initial examination, the attending physician determines with the patient an action plan that determines the scope of services agreed by the Parties and their preliminary cost. A necessary condition for the performance of the Agreement is the consent of the Patient with the proposed plan for the provision of services, which is evidenced by the actual consumption of services by the Patient.
4.5. The patient agrees that if it is necessary to conduct an additional examination or consult a specialist who is absent from the Contractor, he is obliged to undergo such examination or consultation within the time limits set by the Contractor, paying for these services at the rates of relevant medical institutions.
5. PROCEDURE FOR PROVIDING SERVICES
5.1. Services are provided in the Institution in accordance with the Rules, using certified equipment and approved for use medical devices and materials.
5.2. The attending physician is appointed by the Contractor in agreement with the Patient.
5.3. The Services are provided in accordance with the Patient’s Informed Voluntary Consent for Diagnosis, Treatment, Manipulation and Anesthesia, which is executed in the form prescribed by the legislation of Ukraine and may be additionally executed in the form specified by the Contractor before the first Service and other Services . The Parties agree that the signing of informed consents is a prerequisite for the commencement of the Services.
5.4. Patients are admitted from 10:00 to 21:00. from Monday to Sunday, without weekends.
5.5. Appointments to the Institution are made in advance, a day or several days before the desired visit.
5.6. Pre-registration is carried out by means of the following means of communication: telephone, messenger, e-mail, social networks, application form on the website or at the patient’s personal request. The provision of Services without prior appointment is possible only in the absence of prior registration at this time of other Patients. The date and time of providing each Service is agreed by the Contractor and the Patient orally or in writing (by signing the schedule of visits).
5.7. The patient can get preliminary information about the list of services, their cost, payment procedure, etc. from the administrators of the Institution directly or by phone. The patient can choose the day and time of admission from the available vacancies in the record, which will be notified to him by the administrator of the Institution.
5.8. If it is necessary to involve other specialists in the complex treatment, the attending physician applies to the administrator of the Institution, who makes an appointment with the relevant specialist if he has vacancies in the record.
5.9. The secondary patient is registered by the administrator of the Institution in agreement with the attending physician.
5.10. The date and time of provision of each Service may be changed at the initiative of the Patient before the deadline for the provision of such Service.
5.11. 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 appointment schedule, the patient agrees on a different time of the visit.
5.12. If the Patient does not show up at the appointed time without notice or is more than 20 minutes late, the registration may be canceled.
5.13. The date and time of provision of each Service may be changed at the initiative of the Contractor in the case of:
5.13.1. if the patient’s state of health before the start 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;
5.13.2. the emergence of force majeure circumstances that make it impossible to provide the Service by the Contractor.
5.14. In case of unforeseen absence of a doctor and other extraordinary circumstances, the administrator of the Center warns the Patient about it at the first opportunity by the contact phone number indicated by the Patient. In this case, at the request of the Patient, the record is transferred to another time convenient for him.
5.15. The attending physician is obliged to guide the Patient until the end of the treatment agreed with the Patient.
5.16. It is not allowed to transfer the Patient from the attending physician to other physicians of the Center without the consent of the chief physician and the attending physician.
5.17. The patient has the right to demand a change of attending physician at any stage of treatment and has the right to refuse treatment at the Institution altogether.
5.18. In the case of a Patient under the age of 14 (a minor Patient), as well as a Patient declared incapable in the manner prescribed by law, medical intervention is carried out with the consent of their legal representatives.
5.19. In case of doubt about the patient’s ability to work, the doctor must notify the management of the Institution.
5.20. In the event of a conflict situation with the Patient regarding the quality, procedure, duration of treatment, making important changes to the previously agreed plan, suspension (termination) of treatment, as well as demands for immediate replacement of the attending physician, medical staff must adhere to medical ethics and prevent development of the conflict, as well as in writing (report) to notify the Chief Physician.
5.21. In cases when the Patient does not follow the medical prescriptions (recommendations) of the doctor, violates the established treatment regimen, treatment procedures and interventions, terminates the treatment early, the doctor notifies the Center’s 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 health or the effectiveness of his treatment.
6. Rules of stay in the Institution
6.1. The patient who came to the Institution is obliged to take off his outerwear and leave it in the wardrobe (in a suitable closet or on a hanger), leave large suitcases or rolls in the closet, put on boot covers, check with the administrator.
6.2. The institution is not responsible for the safety of money, valuables and clothing of patients (visitors).
6.3. The patient who is in the Institution must treat the staff and other patients with respect, not to allow himself to show rudeness and tactlessness. The patient’s behavior should not violate the atmosphere of respect and friendliness.
6.4. Coordination work when patients apply to the Institution is provided by the administrator, who performs the functions of distribution of patients to doctors, provides background information.
6.5. When registering for all types of services, the Patient must approach the administrator, after which he can wait for the start of the reception in the waiting area in the lobby of the Institution.
6.6. The time of the beginning of reception at the doctor can occur with small expectation. This is due to the fact that all patients have different problems and pathologies, the duration of the reception may exceed the expected period of time and the beginning of the next reception may be delayed.
6.7. It is strictly forbidden in the Institution:
• go to the medical premises in outerwear or without shoe covers;
• go to doctors’ offices without prior invitation;
• come to the doctor in a state of alcohol or drug intoxication, under the influence of psychotropic substances;
• smoke, drink alcohol, drugs or other psychotropic drugs;
• consume food;
• show any form of aggression;
• break the silence, including when listening to music, watching TV programs, videos, playing computer games, etc .;
• violate safety precautions, including fire regulations;
• violate sanitary and epidemic norms, including when using public places, litter in the premises of the Institution;
• violate the norms of public morality, ethics;
• violate the requirements of the legislation on confidentiality and privacy of information about other patients and visitors to the Institution;
• damage and misappropriate property, inventory and equipment (including medical and other documentation) of the Institution and other persons;
• conduct telephone conversations from office telephones (without the permission of the staff);
• engage in any kind of trade or exchange;
• bring or bring to the Institution animals, birds, weapons, prickly and cutting objects, alcohol, food, strong-smelling flowers, poisonous substances, chemical compounds and reagents.
6.8. The above restrictions apply to patients, accompanying patients, and other visitors.
6.9. The administrator of the Institution has the right not to allow to enter the Institution patients who violate the requirements of the internal regime of the medical institution, have signs of intoxication or action of narcotic or psychotropic substances. If it is necessary to stop the illegal actions of such patients, the administrator may call the police.
6.10. In order not to disclose medical secrets in the premises of the Center, photo, audio and video shooting is strictly prohibited.
7. COST OF SERVICES AND CALCULATION PROCEDURE
7.1. The prices for the services provided by the Institution are determined by the Price List, which the Patient is obliged to get acquainted with before the beginning of the services. Prices and structure of the Price List are subject to change. Changes in the patient’s prices are reported on the eve of the doctor’s appointment orally or when making an appointment.
7.2. The Patient pays for the Services in one of the following ways at the Patient’s choice:
7.2.1. payment in cash at the box office of the Contractor;
7.2.2. payment by bank payment card using the payment device of the Contractor’s bank;
7.2.3. payment of the Contractor’s bills by non-cash settlement.
7.3. The Services are paid by the Patient on the day of providing the Service – before the provision of the Service or immediately after its provision, in the amount of the full cost of the provided Service in a specific visit.
7.4. The patient has the right to prepay for the Services. The cost of the Services paid by the Patient as prepayment may not be reviewed by the Contractor in case of change of tariffs for the Services and is set in accordance with the tariffs in force on the day of payment. This rule applies if no more than three months have elapsed between the payment of the Patient by the Patient and the day of providing the Services to him. Otherwise, the services are recalculated in accordance with the Contractor’s tariffs, which are valid at the time of providing the Service.
7.5. Non-cash services are provided subject to payment by the Patient in the amount of 100% of the total cost of the Services. If the Services are provided in several visits, the Patient has the right to make a prepayment for the Services in installments, in the amount of 100% of the cost of the Service that will be provided in a particular visit.
7.6. If the amount of the value of all components provided for prepayment of the Services exceeds the amount of prepayment paid by the Patient, the Patient must repay the difference no later than the day of termination of the Services.
7.7. In case of discrepancies in the direction of increase between the estimated cost of the Service (part of the Service) and the amount of the invoice issued to the Patient for a specific visit, the Patient is obliged to pay the invoice no later than the next day after providing the Service (part of the Services). In this case, the Patient must sign the Act of services provided with a list of services provided and an indication of the amount owed by the Patient for the Services.
7.8. The patient may be given a discount on the cost of the Service, the amount of which is determined in the manner prescribed by the Contractor.
7.9. If in the process of providing the Services there is a need to adjust them (provision of additional services or change the plan of providing services), the final adjustment of the final cost of the Services is subject to appropriate 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 in accordance with the previously agreed service plan. If such refusal makes it impossible to continue providing the Services on medical grounds, the Contractor has the right to unilaterally terminate this Agreement, and the Patient is obliged to pay the cost of actually received Services. If the Patient does not object to the change or addition of the Service Provision Plan, the provision of Services shall continue in accordance with the new conditions.
7.10. In case of impossibility to provide services due to non-appearance of the Patient, appointment of the Patient from further receipt of Services, violation by the Patient of the provisions of this Agreement, the Institution shall return to the Patient the amount of prepayment paid by the Institution. the patient’s application to the Institution with the relevant application.
7.11. If due to the fault of the Contractor the Services are not provided in full, the cost of unprovided and paid Services shall be reimbursed to the Patient within three working days from the moment of the Patient’s application.
7.12. The Patient has no right to refuse to pay for the agreed and actually provided Services.
7.13. The total cost of the Services under this Agreement is determined by the total cost of all Services provided to the Patient.
7.14. Within the framework of special discount programs, patients can be provided with discounts, the amount and procedure of which are determined by the head of the enterprise. If the Patient has a discount card of the Institution, he is obliged to provide it to the administrator or cashier before depositing money in the cash register, otherwise the difference in value is non-refundable.
7.15. The terms of this section regarding the payment for the Services do not apply to the provision of medical services to Patients, which are paid for by insurers in accordance with health insurance contracts or other third parties.
7.16. Patients who are citizens of other countries or have entered into a voluntary health insurance contract are advised to find out the possibility of paying for services with their insurance company before receiving medical and other services at the Institution. Services under the insurance policy are provided subject to the prior conclusion of the relevant agreement with the insurance company of the insured person.
8. PROCEDURE FOR PAYMENT FOR SERVICES BY A THIRD PARTY
8.1. Any Services under this Agreement may be paid for by a third party by agreement between such person and the Patient and subject to the conclusion of a separate agreement between the third party (payer) and the Contractor. Medical services paid for by a third party are provided on the general terms of this Agreement, subject to the following special conditions:
8.1.1. Services under this Agreement are considered paid from the moment of receipt of funds at the Contractor’s cash desk or to the current account of the Contractor specified in this Agreement, with the purpose of payment “For medical services surname, patronymic of the Patient (in full)”.
8.1.2. Before ordering the Services paid for by a third party, the Patient is obliged to ensure the signing by the third party of the contract between the Contractor and the third party in the form provided by the Contractor and to provide the signed contract to the Contractor.
8.1.3. In case of non-payment (incomplete payment) of the Services by a third party for any reason (refusal of a third party, refund at the request of a third party, etc.) the obligation to pay for the Services is not fulfilled by the Patient. In this case, the Patient is obliged to pay for the Services independently within 3 (three) calendar days from the date of receipt of the Contractor’s request for payment for the Services.
8.2. Services under health insurance contracts are provided to Patients in the case of prior conclusion by the Contractor of the relevant contract for payment of services with the insurance company. The procedure for payment for services is established in the contract between the Contractor and the insurer.
9. RIGHTS OF THE PARTIES
9.1. The patient has the right to:
9.1.1. To join this Agreement on the terms offered by the Contractor.
9.1.2. Before ordering the Services, receive full information about the medical services provided by the Contractor.
9.1.3. Agree with the Contractor the estimated cost of the Services.
9.1.4. Get Services of proper quality.
9.1.5. Provide informed voluntary consent to medical intervention.
9.1.6. To receive reliable and complete information about the state of his health, including to get acquainted with the relevant medical documents related to his health, which are kept by the Contractor.
9.1.7. Receive reliable and complete information about contraindications, possible complications and risks (including for life and health), prognosis of possible disease development in the provision of Services.
9.1.8. Choose a method of treatment in accordance with the recommendations of the attending physician, if the doctor has identified several options for treatment plan, having read the results of the examination, diagnosis, treatment methods, associated risks, advantages and disadvantages of different treatment plans, possible complications.
9.1.9. Require replacement of the attending physician (if the Contractor has other physicians with appropriate qualifications).
9.1.10. In the event of a change in the treatment process of the Service Plan and the previous targeted cost of Services, the Patient has the right to choose:
(a) agree to a new / additional Service Plan and agree on its cost;
(b) to reject the proposed changes and to continue treatment on previously agreed terms;
(c) refuse the proposed changes and make payments for the Services actually provided.
9.1.11. The secrecy of his health, the fact of seeking medical help, diagnosis, as well as information obtained during his medical examination.
9.1.12. Contact the Contractor with suggestions, statements, feedback, etc. regarding the provided Services.
9.1.13. Refuse to receive the Service (part of the Service) at any time, having previously paid for all services actually provided at the time of refusal.
1/9/14 Compensate for damage to health.
9.1.15. Appeal against illegal decisions and actions of employees, institutions and health authorities.
9.2. The Contractor has the right to:
9.2.1. Make changes to this Agreement, as well as to the list of Services, change the price of each Service until it is provided to the Patient.
9.2.2. Conduct promotions, provide discounts and additional benefits for the Services.
9.2.3. Receive payment for the provided Services in the manner prescribed by this Agreement.
9.2.4. Process personal data and other information about the Patient in accordance with the requirements of the legislation of Ukraine on personal data protection.
9.2.5. If necessary, with the prior consent of the Patient, make changes to the Service Plan.
9.2.6. Independently identify and appoint health professionals who will provide services to the patient.
9.2.7. In case of emergencies, unforeseen situations or complications during medical interventions – independently determine the scope of all necessary and possible measures to eliminate them.
9.2.8. Provide incomplete information about the patient’s health, limit the possibility of his acquaintance with certain medical documents in the event that information about the patient’s disease may worsen his health or impair the treatment process.
9.2.9. Make audio recordings of telephone conversations with the Patient.
9.2.10. Carry out video surveillance in the premises of the Institution.
9.2.11. Maintain photo and / or video recording of the process of providing Services and further use the impersonal results of such recording for advertising, marketing, educational and other purposes that do not contradict the legislation of Ukraine.
9.2.12. Postpone the visit in case of unforeseen absence of a doctor or, if possible, appoint another doctor for treatment with the consent of the Patient.
9.2.13. In case of delay of the Patient unilaterally to change term of rendering of Services or to cancel rendering of such Services.
9.2.14. Refer the patient to other specialized medical specialists, including another health care facility, in order to clarify the diagnosis and select the optimal treatment plan.
9.2.15. Do not start (or suspend) the provision of Services in the following cases:
(a) Refusal of the Patient to sign informed consents, filling in the anamnesis (health questionnaire);
(b) in the event of arrears of the Patient for the payment of Services (until the full repayment of such arrears);
(c) detection of the disease (pathology) during the examination of the Patient, the treatment of which is impossible in the Institution due to license restrictions, qualification of medical staff or technical equipment or in case of refusal of the Patient from treatment of such pathology;
(d) the Patient is in a state of alcohol or drug intoxication or in another painful condition that interferes with the provision of quality Services;
(e) lack of proper confirmation by the Patient of payment for services (in case of non-cash payment);
(e) the Patient’s failure to arrive on the due date and time to receive the relevant Services.
10. OBLIGATIONS OF THE PARTIES
10.1 Пацієнт зобов’язаний:
10.1.1. До укладання Договору ознайомитися з тарифами Виконавця, Правилами перебування пацієнтів в Закладі.
10.1.2. Вчасно прибути до Закладу в дату та час надання Послуг.
10.1.3. Завчасно, не пізніше ніж за 24 години до призначеного часу візиту, повідомляти Заклад про об’єктивну неможливість з’явитися на прийом до лікаря чи на призначені процедури.
10.1.4. Під час перебування на території Закладу неухильно дотримуватися Правил Виконавця.
10.1.5. До початку надання Послуг повідомити лікуючому лікарю весь перелік лікарських засобів, які застосовує Пацієнт, а також про всі відомі захворювання, алергічні чи специфічні реакції на лікарські засоби і продукти харчування та іншу суттєву інформацію про стан свого здоров’я.
10.1.6. Надати правдиві персональні дані та інформацію для анамнезу, повідомити лікаря про перенесені або наявні захворювання відповідно до наданої анкети, про контакти з інфекційними хворими.
10.1.7. Точно і своєчасно виконувати усні чи письмові приписи і рекомендації лікуючого лікаря в т.ч. обмежень в харчуванні, дотримуватися Плану надання послуг, своєчасно з’являтися на призначені додаткові обстеження, контрольні та профілактичні огляди.
10.1.8. Своєчасно з’являтися на прийом для продовження лікування, для планових, контрольних, періодичних та профілактичних оглядів.
10.1.9. Надавати оригінали чи копії документів, що містять інформацію про стан свого здоров’я, які необхідні Закладу для надання Послуг.
10.1.10. Повідомляти лікуючого лікаря про покращення або погіршення самопочуття, появу або зникнення симптомів та іншу інформацію про зміни стану свого здоров’я протягом строку лікування.
10.1.11. Приймати надані Послуги належної якості та підписувати Акти.
10.1.12. Оплачувати вартість Послуг в порядку та на умовах, визначених цим Договором.
10.1.13. Сплатити вартість непогоджених додаткових Послуг, які було надано Виконавцем з метою уникнення негативних наслідків для життя або здоров’я Пацієнта.
10.1.14. Підписувати інформовані згоди на проведення діагностики, лікування та знеболення, анкети Виконавця.
10.2. Виконавець зобов’язаний:
10.2.1. Провести в узгоджений із Пацієнтом час первинний огляд Пацієнта для встановлення попереднього діагнозу, обсягу необхідного лікування (надання послуг), розрахунку вартості лікування і проінформувати Пацієнта про результати.
10.2.2. Після обстеження надати Пацієнту достовірну та повну інформацію в усній формі: про стан його здоров’я в рамках спеціалізації лікаря, про можливі в конкретному випадку варіанти лікування, профілактики; про медикаменти, матеріали, що будуть застосовуватися, та їх ефективність; про протипоказання, можливі ускладнення і тимчасовий дискомфорт, які можуть виникнути під час лікування або після нього; про призначення та рекомендації, які слід буде дотримуватися Пацієнту для збереження або настання очікуваного результату медичних заходів.
10.2.3. Скласти для Пацієнта рекомендований план лікування, погодивши з ним перелік конкретних медичних та/або профілактичних заходів, визначивши порядок і строки їх здійснення, а також попередню вартість відповідного лікування чи послуг.
10.2.4. За необхідності додаткових методів обстеження з метою встановлення остаточного діагнозу провести їх, а при відсутності можливостей для цього – проінформувати Пацієнта та скерувати його для проходження обстеження до іншого закладу охорони здоров’я або профільного медичного спеціаліста.
10.2.5. Надати Послуги належної якості відповідно до поставленого остаточного діагнозу, Плану надання послуг і розрахунку вартості, узгоджених Сторонами.
10.2.6. Забезпечити надання Пацієнтові всіх необхідних Послуг.
10.2.7. Створити належні і безпечні умови перебування Пацієнта у Закладі.
10.2.8. Забезпечити найбільш безболісні та раціональні методи лікування відповідно до медичних показань.
10.2.9. Інформувати Пацієнта про обставини, що можуть виникнути та привести до збільшення обсягу надання Послуг, про можливі ризики та ускладнення, що можуть виникнути в ході надання Послуг.
10.2.10. При змінах в процесі лікування узгодити з Пацієнтом додатковий або новий План надання послуг та його орієнтовну вартість.
10.2.11. Надати Пацієнту лікарські призначення та рекомендації після надання Послуги.
10.2.12. На вимогу Пацієнта надавати інформацію про режим роботи Виконавця, умови та порядок надання Послуг.
10.2.13. Після закінчення лікування надати на вимогу Пацієнта виписку з медичної карти, копії результатів обстежень, довідки, цифрові носії за домовленістю тощо.
10.2.14. Дотримуватись правил медичної етики й деонтології у взаєминах з Пацієнтом.
10.2.15. Дотримуватися абсолютної конфіденційності інформації про стан здоров’я, результати медичних обстежень та оглядів, інтимну та сімейну сторони життя Пацієнта.
10.2.16. Використовувати лікарські засоби та медичні вироби, дозволені для використання в України.
10.2.17. Вести та зберігати медичну документацію і звітність відповідно до вимог законодавства України.
10.1. The patient must:
10.1.1. Before concluding the Agreement, get acquainted with the Contractor’s tariffs, the Rules of stay of patients in the Institution.
10.1.2. Arrive at the Institution on time on the date and time of providing the Services.
10.1.3. In advance, no later than 24 hours before the scheduled time of the visit, inform the Institution about the objective impossibility to appear for a doctor’s appointment or for the prescribed procedures.
10.1.4. During the stay on the territory of the Institution, strictly follow the Rules of the Contractor.
10.1.5. Prior to the provision of the Services, inform the treating physician of the full list of medications used by the Patient, as well as of any known diseases, allergic or specific reactions to medications and foods, and other relevant information about his or her health.
10.1.6. Provide true personal data and information for the anamnesis, inform the doctor about the transferred or existing diseases according to the provided questionnaire, about contacts with infectious patients.
10.1.7. Accurately and timely follow the oral or written instructions and recommendations of the attending physician, including dietary restrictions, adhere to the Service Plan, appear in time for additional examinations, control and preventive examinations.
10.1.8. Arrive on time for further treatment, for scheduled, follow-up, periodic and preventive examinations.
10.1.9. Provide originals or copies of documents containing information about the state of their health, which are necessary for the Institution to provide the Services.
10.1.10. Tell your doctor if you feel better or worse, if your symptoms appear or disappear, or other information about changes in your health during treatment.
10.1.11. Accept the provided Services of proper quality and sign the Acts.
10.1.12. Pay the cost of the Services in the manner and on the terms specified in this Agreement.
10.1.13. Pay the cost of non-agreed additional Services provided by the Contractor in order to avoid negative consequences for the life or health of the Patient.
10.1.14 Sign informed consents for diagnostics, treatment and anesthesia, questionnaires of the Contractor.
10.2. The Contractor must:
10.2.1. Carry out an initial examination of the Patient at the time agreed with the Patient to establish a preliminary diagnosis, the amount of treatment required (services), calculation of the cost of treatment and inform the Patient about the results.
10.2.2. After the examination, provide the patient with reliable and complete information in oral form: about the state of his health within the specialization of the doctor, about possible in a particular case treatment options, prevention; about medicines, materials to be used and their effectiveness; about contraindications, possible complications and temporary discomfort that may occur during or after treatment; about the appointments and recommendations that will have to be followed by the Patient to maintain or achieve the expected result of medical measures.
10.2.3. Make 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 appropriate treatment or services.
10.2.4. If necessary, additional methods of examination in order to establish a final diagnosis to conduct them, and if there is no opportunity to do so – to inform the patient and refer him for examination to another health care institution or a specialized medical specialist.
10.2.5. Provide Services of proper quality in accordance with the final diagnosis, Service Plan and cost calculation agreed by the Parties.
10.2.6. Ensure that the Patient is provided with all necessary Services.
10.2.7. Create appropriate and safe conditions for the Patient’s stay in the Institution.
10.2.8. Provide the most painless and rational treatments in accordance with medical indications.
10.2.9. Inform the Patient about the circumstances that may arise and lead to an increase in the scope of services, about the possible risks and complications that may arise during the provision of Services.
10.2.10. In case of changes in the treatment process, agree with the Patient an additional or new Service Plan and its estimated cost.
10.2.11. Provide the Patient with prescriptions and recommendations after the provision of the Service.
10.2.12. At the request of the Patient to provide information on the mode of operation of the Contractor, conditions and procedure for providing Services.
10.2.13. At the end of the treatment, at the patient’s request, provide an extract from the medical card, copies of examination results, certificates, digital media by appointment, etc.
10.2.14. Adhere to the rules of medical ethics and deontology in relations with the Patient.
10.2.15. Adhere to the absolute confidentiality of information about the state of health, the results of medical examinations and examinations, intimate and family aspects of the patient’s life.
10.2.16. Use medicines and medical devices approved for use in Ukraine.
10.2.17. Maintain and store medical records and reports in accordance with the requirements of the legislation of Ukraine.
11. QUALITY OF SERVICES
11.1. Services are provided by medical staff 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 various medical specialists of the Contractor.
11.2. Services are provided in accordance with clinical protocols and health care standards (medical standards) approved by the Ministry of Health, international treatment protocols and guidelines for the use of medical devices, medicines and cosmetics.
11.3. The quality of the provided Services must meet the requirements of the legislation of Ukraine.
11.4. Services must be safe for the patient’s health.
11.5. Quality control of medical care is carried out in cases, in the manner and within the time limits provided by the legislation of Ukraine.
12. PATIENT’S PERSONAL DATA
12.1. Pursuant to the Law of Ukraine “On Personal Data Protection”, the Contractor shall notify the Patient of the processing of his personal data during the execution of this Agreement.
12.2. The owner of personal data is the Contractor.
12.3. Personal data are collected for the purpose of health care, medical diagnosis, treatment and provision of medical services (paragraph 6, part 2 of Article 7 of the Law of Ukraine “On Personal Data Protection”).
12.4. Composition and content of personal data processed by the Contractor:
12.4.1. general data (including, but not limited to: last name, first name, patronymic, gender, date and place of birth, address of registration and place of residence, marital status, means of communication);
12.4.2. special data concerning the state of health of the person (including, but not limited to: the fact of seeking medical care, medical information about the person, containing not only evidence of the state of health, but also the medical history, the proposed research and treatment measures, prognosis of possible disease development, risk to life and health, information on the presence of a disability group, genetic data, etc.).
12.5. The patient has the following rights in the field of personal data protection:
12.5.1. know about the sources of collection, location of their personal data, the purpose of their processing, location or place of residence (stay) of the owner of personal data;
12.5.2. receive information on the conditions for granting access to personal data, in particular information on third parties to whom personal data is transferred;
12.5.3. to access their personal data;
12.5.4. 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 are processed, as well as receive the content of such personal data;
12.5.5. make a reasoned request to the Contractor with an objection to the processing of their personal data;
12.5.6. make a reasoned request to change or destroy their personal data by the Contractor, if this data is processed illegally or is inaccurate;
12.5.7. to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, as well as to protect against the provision of information that is inaccurate or discredits the honor, dignity and business reputation of an individual ;
12.5.8. to file complaints about the processing of their personal data to the Commissioner or to the court;
12.5.9. apply legal remedies in case of violation of the legislation on personal data protection;
12.5.10. know the mechanism of automatic processing of personal data;
12.5.11. to protect against an automated decision that has legal consequences for the patient.
12.6. Patients’ personal data is stored in the form of files and / or local electronic databases.
12.7. The Contractor undertakes to ensure the confidentiality and security of the Patient’s personal data during their processing. The Contractor’s employees process the Patient’s personal data exclusively in connection with the performance of their professional duties and undertake not to disclose personal data that have been entrusted to them or become known in connection with the performance of professional, official and labor duties. .
12.8. The Contractor may transfer personal data of patients to the Department of Health of the Transcarpathian Regional State Administration, prosecutors, law enforcement and judicial authorities, guardianship authorities, MSEC, the Social Insurance Fund, etc. only to the extent necessary for them to exercise their powers.
12.9. Lawyers have the right to access personal data only of those patients who are their clients, and only if these clients consent to such a transfer. Personal information is transferred to other persons only with the consent of the patient or his legal representative (parents, guardian or trustee). Impersonal personal data that do not allow the identification of a person may be transferred for scientific and statistical purposes.
12.10. Medical services under health insurance contracts (with payment for such services at the expense of the insurer) are provided only with the consent of the Patient to the dissemination of personal data (including the diagnosis, treatment, etc.) to the relevant insurance company. The start of using the Services of the Contractor under health insurance contracts is evidence of the Patient’s consent to the dissemination of his personal data to the relevant insurance company (its representative). If the Patient does not agree with the stated conditions for the dissemination of personal data, medical services under health insurance contracts may not be provided by the Contractor.
12.11. Upon concluding this Agreement, the Patient agrees to use the contact details provided by the Contractor for the purpose of informing the Patient, communicating with the Patient; to send messages of medical, informational and / or advertising nature; sending messages, the text of which may contain personal and confidential information about the Patient. By written application
13.1. Confidential under this Agreement is information about the fact of the Patient’s request for medical care, diagnosis, list of services provided, as well as other information that in accordance with applicable law is confidential information (information with limited access).
13.2. The Contractor undertakes to maintain the confidentiality of information received during the performance of this Agreement.
13.3. The Contractor declares that the obligations of confidentiality provided for in this section are of an indefinite nature and remain in force after the expiration of this Agreement.
14. DOCUMENTATION OF PATIENTS
14.1. Medical records are kept for each Patient, the list of which is given below. When drawing up medical documentation, information is collected about the patient’s general health (past and current diseases), contraindications, specific reactions, features of the patient’s body and his personal data (passport data, place of residence, work, etc.), which are necessary to ensure prompt communication. communication with each Patient.
14.2. When applying to the Institution at the request of a doctor, the Patient fills in and signs:
14.3. a questionnaire with the patient’s personal data and medical history, which indicates data on the state of health, intolerance of certain drugs;
14.4. informed voluntary consent for diagnosis, treatment and surgery and anesthesia (form № 003-6 / o), which is a condition for the start of medical services;
14.5. other consents for treatment in accordance with the type of treatment in the form prescribed by the Center;
14.6. other documents identified by the Center as mandatory.
14.7. Each Patient is obliged to provide the doctor with reliable information about the state of his health, otherwise the Institution is relieved of legal responsibility for the occurrence of adverse situations during treatment or reduction of its effectiveness.
14.8. If the patient is not sure of the correctness of his answer when completing the questionnaires (other documentation) or answering the doctor’s questions, he must inform the doctor.
14.9. Each Patient is provided with a medical card, 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 Institution and is kept for the entire observation and treatment, and then for 5 years. Patients are provided with a medical card for on-demand review. All examination data and advisory conclusions Patients receive in the form of an extract from the medical card.
14.10. At the request of the administrator, 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.
14.11. The correspondence of the Patient’s personal data in the absence of identity documents must be confirmed by the Patient’s personal signature in the questionnaire. The refusal of a Patient who does not have a passport to confirm the authenticity of his personal data in the questionnaire with a personal signature is grounds for refusal to continue providing medical services, except in cases where such refusal may endanger the life and health of the Patient.
15. RESPONSIBILITIES OF THE PARTIES
15.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations in accordance with the current legislation of Ukraine and this Agreement.
15.2. The patient is responsible for the accuracy of the information provided about his health, compliance with the doctor’s recommendations, timely payment for the services provided.
15.3. The Contractor is responsible for:
– quality and safety of provided services;
– non-performance or improper performance of official duties by the medical staff of the Institution;
– non-compliance with the requirements for diagnostic and treatment methods permitted on the territory of Ukraine in accordance with the current legislation of Ukraine.
15.4. The Contractor shall not be liable for the Patient’s expectations and shall be released from liability if the adverse circumstances were caused by extraordinary or urgent events under these conditions or if the Contractor proves that he has taken all measures to ensure the proper provision of medical services.
15.5. The following are not an indicator of improper quality of the Services provided by the Contractor:
15.5.1. complications and other side effects of the intervention caused by the biological characteristics of the patient’s body and the likelihood of which the available knowledge and technology can not completely rule out if the Services are provided in compliance with all necessary actions and conditions for services of this type;
15.5.2. possible discomfort caused by the specifics of medical methods and is a consequence of the body’s response to physical, chemical exposure to drugs that take place within a reasonable time and about which the patient was notified in advance by the attending physician;
15.5.3. complications that occurred after the provision of Services in case of gross non-compliance (violation) by the Patient of the recommendations provided by the attending physician.
15.6. The Contractor shall be released from liability for the result of the provided Services and for the damage caused to the patient’s health in the following cases:
15.6.1. non-compliance by the Patient with the prescriptions and recommendations of the attending physician, the Service Plan;
15.6.2. non-appearance or late appearance of the Patient for scheduled appointments or follow-up medical examinations;
15.6.3. Patient’s refusal to continue treatment / services;
15.6.4. failure to report, untimely notification by the Patient of significant information about the state of his health (anamnesis), existing bad habits or reporting of knowingly false information;
15.6.5. receiving medical care in other health care facilities or other medical professionals;
15.6.6. untimely notification by the Patient to the doctor about the arisen complications.
15.6.7. use of medicines and medical devices of improper quality or those not prescribed by the Contractor’s doctors;
15.6.8. the occurrence of allergies or intolerance to medications or materials approved for use;
15.6.9. development of diseases or pathologies not related to the provision of services under this Agreement.
15.7. The patient is informed that modern medicine is not an exact science, so diagnosis and treatment cannot guarantee an accurate and positive effect. The Patient is aware that due to the limited capabilities of modern medicine, the complexity of diagnosis and treatment of individual diseases, individuality and uniqueness of each patient, the Services offered by the Contractor may not bring the expected result or even worsen the patient’s health, atypical reactions and complications in industry medical standards (protocols) and not described in the literature.
16. FORCE MAJOR CIRCUMSTANCES
16.1. The Parties shall not be liable for late performance of the terms of this Agreement in case of force majeure (force majeure), which did not exist at the time of concluding the Agreement, arose against the will of the Parties and prevent the Parties from fulfilling their obligations under this Agreement.
16.2. The parties decided to include force majeure: catastrophes, natural disasters (storms, cyclones, hurricanes, floods, earthquakes, lightning destruction, other natural and climatic phenomena), man-made and anthropogenic disasters (explosions, fires, accidents, etc.); technological factors (lack of electricity, interruptions in the supply of natural gas or drinking water, damage to equipment or machinery, etc.); circumstances of public life (war and hostilities, riots, strikes, blockades, riots, terrorist acts or acts and other illegal actions, anti-terrorist operations, illegal actions of third parties, epidemics, etc.); temporary incapacity of doctors or other medical staff of the Contractor; severe illness of the Patient, which objectively prevents him from fulfilling his obligations under the Agreement or is incompatible with the ordered Services; actions, inaction or acts of public authorities and local governments aimed at suspending or suspending the implementation of actions under this Agreement and (or) that interfere with the normal activities of the Parties, including changes in the regulatory and legislative framework governing the legal relations of the Parties within the framework of this Agreement, as well as other circumstances that the authorized institution recognizes as force majeure by providing the relevant information.
16.3. A Party that is unable to fulfill its contractual obligations due to force majeure must notify the other Party as soon as possible, but not later than within 3 (three) calendar days from the occurrence of such circumstances, as well as document the fact occurrence of such circumstances.
16.4. If force majeure occurred during the provision of the Services, the Contractor has the right to change the medical service to an alternative or use other medical equipment, if the provision of this Service cannot be postponed to another date.
16.5. If force majeure lasts for more than two consecutive months and shows no signs of termination, either Party shall have the right to waive its obligations under this Agreement by giving written notice to the other Party. In this case, neither Party will file a claim for damages.
17. DISPUTE RESOLUTION PROCEDURE
17.1. In the event of disputes or disagreements, the Parties undertake to resolve them through mutual negotiations and consultations. The Ukrainian language version of the Offer Agreement located at the address …. has legal force.
17.2. If the Patient is dissatisfied with the quality of medical services provided to him, the level of service, believes that his rights as a patient and consumer have been violated, he has the right to complain to the administration of the Contractor (chief physician or director), but to do so before spreading the negative on the Internet and / or in the media.
17.3. Complaints in writing are considered in accordance with the deadlines set by the current legislation of Ukraine, with the applicant sending a response by mail.
17.4. Oral complaints are considered at a personal appointment with the chief physician (by appointment on the relevant days of admission).
17.5. A Patients’ Complaints Commission is established at the Institution to review complaints and appeals.
17.6. To verify the information and claims of the Patient on his application or by the decision of the administration of the Contractor, a consultation is held with the study of accounting and legal documentation, taking explanations from doctors, other medical staff, administrators, etc.
17.7. For the purpose of objectivity in the consideration of complaints and in agreement with the Patient, the Administration of the Contractor may invite specialists from other medical institutions (including foreign ones) to participate in the consultation to provide consultations and conclusions.
17.8. In order to verify the information and claims of the Patient, a study of accounting and legal documentation, taking explanations from doctors, administrators, etc. is usually carried out. The Center does not accept the Patient’s claims, which are based on the private opinions of specialists from other medical institutions, without the involvement of such specialists to participate in the consultation.
17.9. Based on the results of the review of complaints and claims, a decision is made, which must be communicated to the applicant.
17.10. In case of failure of the Parties to reach an agreement, disputes (differences) shall be resolved in court in accordance with the legislation of Ukraine.
18. MAKING CHANGES TO THE AGREEMENT
18.1. Amendments to this Agreement are made by the Contractor unilaterally and 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 the copy on paper.
18.2. In case of changes to this Agreement (including in case of change of prices for Services) the Contractor is obliged to notify Patients 30 days before the expected date of changes and / or introduction of new prices by placing an announcement on the website and at the reception in the room Institutions. The announcement of the introduction of new prices must also be posted in the Institution within one month from the beginning of their introduction.
18.3. 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 when he learned or could learn about the changes. Continuation of use of the Services indicates the Patient’s consent to the changes made to the Agreement.
19. TERM OF THE AGREEMENT AND OTHER CONDITIONS
19.1. This Agreement shall enter into force on the date of its conclusion and shall remain in force indefinitely, until its termination by either Party in accordance with the procedure established by the Agreement.
19.2. All terms of provision of Services during the implementation of the Service Plan are approximate and may vary depending on the patient’s state of health and other objective or subjective circumstances.
19.3. This Agreement shall be terminated in the following cases:
19.3.1. by mutual agreement of the Parties;
19.3.2. at the initiative of the Patient;
19.4. at the initiative of the Contractor in cases of violation by the Patient of the terms of this Agreement and (or) the Rules, provided that all necessary actions are taken to prevent any deterioration of the Patient’s health in connection with such refusal.
19.5. The parties unconditionally agree to consider the information provided by the Patient when filling in the relevant questionnaires of the Contractor, which contain personal data of the Patient, or to draw up a medical card.
19.6. The Patient understands and agrees that all information posted on the Internet resources of the Contractor is only informational and recommendatory in nature and can not be interpreted as medical information and as an indication of its use in relation to the Patient.
19.7. The rules of stay and patient care in the Institution, the current tariffs for medical services are approved by the Contractor and posted on the website, as well as in the Corner (folder) of the consumer in the Institution and provided for review at the first request of the Patient.
19.8. On all documents related to the conclusion and execution of this Agreement, which provide for their signing by the Patient, along with the signature, the Patient must indicate his name and initials.
20. PERFORMANCE DETAILS ESTEVA LTD
Legal address: 03057, Kyiv,
street Machinobudivna, 8
UA41 320649 00000 26008052658825