Publication date: 15.07.2024
Health insurance for foreigners in Ukraine
Introduction
Health insurance is an important component of the healthcare system that provides access to medical services and financial protection in the event of illness or accident. In Ukraine, health insurance for foreigners is a particularly relevant issue, as providing healthcare for foreign nationals contributes to their protection and comfort in the country. In this article, we will consider the main aspects of health insurance for foreigners in Ukraine, including the legal framework, types of insurance policies, procedures for obtaining medical care, rights and obligations of insured persons, court practice and examples of real cases.
Legal framework
The legal framework governing foreigners' health insurance in Ukraine includes the Constitution of Ukraine, the Law of Ukraine "On Insurance", the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons", the Law of Ukraine "Fundamentals of Ukrainian Healthcare Legislation", by-laws and international treaties ratified by Ukraine. In accordance with these regulations, foreigners residing in Ukraine are entitled to health insurance on an equal basis with Ukrainian citizens.
Types of health insurance for foreigners
Health insurance for foreigners in Ukraine can be mandatory or voluntary, depending on the purpose of the foreigner's stay in the country and their legal status. The main types of health insurance for foreigners include:
Compulsoryhealth insurance: Compulsory health insurance applies to foreigners who stay in Ukraine on the basis of employment contracts or other grounds provided for by law. In accordance with the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons", employers are obliged to provide health insurance to their foreign employees.
Voluntary health insurance: Voluntary medical insurance is available to all foreigners who wish to obtain additional protection and access to medical services. Foreigners can conclude voluntary health insurance contracts with Ukrainian insurance companies on the terms and conditions provided by law.
Medical insurance for tourists: Foreigners arriving in Ukraine for tourist purposes are required to have an insurance policy covering medical expenses in case of illness or accident. Such a policy is a prerequisite for obtaining a visa and crossing the border.
Procedures for obtaining medical care
Foreigners who have health insurance are entitled to receive medical care under the terms and conditions stipulated in the insurance contract. The main procedures for obtaining medical care include:
Applying to a medical institution: In case of need for medical care, a foreigner must apply to a medical institution specified in the insurance policy or insurance contract. The medical institution provides the necessary assistance and informs the insurance company about the insurance event.
Coordinationwith the insurance company: After applying to a medical institution, a foreigner must contact the insurance company to agree on the terms of medical care and coverage of expenses. The insurance company pays for medical services in accordance with the terms of the insurance contract.
Receiving medical care: Foreigners who have health insurance are entitled to receive medical care to the extent provided for in the insurance contract. This may include outpatient treatment, inpatient treatment, diagnostics, surgeries, medical evacuation and other types of medical services.
Rights and obligations of the insured persons
Foreigners who have health insurance in Ukraine have certain rights and obligations stipulated by law and insurance contracts. The main rights of insured persons include:
Theright to medical care: Foreigners have the right to receive medical care to the extent provided for in the insurance contract. This includes treatment, diagnosis, medical evacuation and other medical services.
Right to information: Foreigners have the right to receive information about their rights and obligations, the conditions of medical care, as well as the procedure for obtaining medical services and covering expenses.
Right toprotection of rights: Foreigners have the right to apply to the court or other authorities to protect their rights in case of violation of the terms of the insurance contract or refusal to provide medical care.
The main obligations of the insured persons include:
Obligation to comply with the terms of thecontract: Foreigners are obliged to comply with the terms of the insurance contract, including timely payment of insurance premiums, notification of the insurance company of insurance events and provision of necessary documents.
Duty to notify ofchanges in circumstances: Foreigners are obliged to notify the insurance company of any changes in circumstances that may affect the terms of insurance, including changes of residence or workplace.
Obligation to cooperatewith a medical institution and an insurance company: Foreigners are obliged to cooperate with the medical institution and the insurance company during the provision of medical care, provide the necessary documents and information for the processing of insurance claims.
Court practice
The court practice in the field of health insurance for foreigners in Ukraine shows real cases of dispute resolution and protection of the rights of insured persons. Here are some examples of court cases:
Case on denial of medical care
In this case, a foreigner challenged the refusal of an insurance company to provide medical care on the basis of an insurance policy. The insurance company argued that the case was not covered under the terms of the contract. The court, having considered the evidence and the terms of the contract, found that the refusal was unjustified and ordered the insurance company to cover the costs of medical care.
A case of non-payment of insurance indemnity
In this case, a foreigner challenged the insurance company's refusal to pay an insurance indemnity for medical expenses incurred during treatment. The insurance company argued that the foreigner had failed to comply with procedural requirements, in particular, by failing to provide the necessary documents. The court, having considered the evidence, found that the foreigner had provided all the necessary documents and ordered the insurance company to pay the insurance indemnity.
The case of medical evacuation
In this case, a foreigner appealed against the insurance company's refusal to provide medical evacuation to another country for further treatment. The insurance company argued that medical evacuation was not necessary under the terms of the contract. The court, having reviewed the evidence and medical reports, found that the medical evacuation was necessary and ordered the insurance company to carry out the evacuation and cover the costs.
Examples of real-life cases
Here are some examples of real-life cases that illustrate the importance of health insurance for foreigners in Ukraine:
Injury at work
A foreigner who worked in Ukraine on the basis of an employment contract was injured while performing his duties. Due to the availability of compulsory health insurance, the employer provided him with the necessary medical care and covered the cost of treatment. This allowed the foreigner to recover quickly and return to work.
Case of a chronic illness
A foreigner permanently residing in Ukraine has entered into a voluntary health insurance contract covering the treatment of chronic diseases. During an exacerbation of his illness, he was able to receive the necessary medical care without significant financial costs, which ensured his stable health and improved his quality of life.
The case of a tourist trip
A foreigner came to Ukraine for tourist purposes and took out an insurance policy covering medical expenses. During the trip, he fell ill and needed medical care. Thanks to the insurance policy, the foreigner received the necessary treatment without significant financial costs, which allowed him to continue his trip with minimal inconvenience.
Conclusion.
Health insurance for foreigners in Ukraine is an important element of the healthcare system that provides access to medical services and financial protection in the event of illness or accident. Foreigners have the right to health insurance on an equal footing with Ukrainian citizens, which is regulated by the Constitution, laws and international treaties.
Health insurance for foreigners may be mandatory or voluntary, depending on the purpose of their stay in the country and their legal status. Foreigners may enter into health insurance contracts with Ukrainian insurance companies and receive medical care on the terms and conditions stipulated in the contracts.
The rights and obligations of the insured persons include the right to medical care, the right to information, the right to protection of rights, the obligation to comply with the terms of the contract, the obligation to notify of changes in circumstances and the obligation to cooperate with the medical institution and the insurance company.
The court practice shows real cases of dispute resolution and protection of the rights of insured persons, which confirms the importance of compliance with the law and correct application of the terms of insurance contracts. Further improvement of the legislation and its application practice is essential to ensure effective and fair health insurance for foreigners in Ukraine.
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