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Rights of foreign citizens to receive medical care in the Russian Federation

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Information for foreign citizens

Rights of foreign citizens to receive medical care in the Russian Federation

In accordance with the current legislation, namely article 2 of the Federal law of 25.07.2002 No. 115-FZ “on the legal status of foreign citizens in the Russian Federation” (hereinafter No. 115-FZ), a foreign citizen in the Russian Federation is a natural person who is not a citizen of the Russian Federation and has evidence of citizenship (citizenship) of a foreign state.

Categories of foreign citizens in Russia

According to the legislation of the Russian Federation (item 1 of article 2 No. 115-FZ) for the foreign citizens who are in the territory of the Russian Federation, conditions of legality of stay (presence at the person of the valid documents confirming the right to stay (residence) in the Russian Federation) and statuses of stay/stay are provided, namely:

- Foreign citizen temporarily staying in the Russian Federation — a person who arrived in the Russian Federation on the basis of a visa or in a manner that does not require a visa, and received a migration card, but does not have a residence permit or temporary residence permit.

- A foreign citizen temporarily residing in the Russian Federation is a person who has received a temporary residence permit. Such permission shall be in the form of a mark in the identity document of a foreign citizen and recognized by the Russian Federation in this quality, either in the form of the document forms approved by the Federal migration service.

— A foreign citizen permanently residing in the Russian Federation is a person who has received a residence permit. The residence permit is issued in the form of a document in the form approved by the FMS of Russia.

The right to receive medical care in the Russian Federation by foreign citizens

The procedure for providing medical care to foreign citizens is determined by the Government of the Russian Federation. According to art. 19 of the Federal law of 21.11.2011 No. 323-FZ "on the basis of health protection of citizens in the Russian Federation" everyone has the right to free medical care in the guaranteed amount established in accordance with the Program of state guarantees of free provision of medical care to citizens, as well as to receive paid medical services and other services, including in accordance with the contract of voluntary medical insurance (VHI) and the territorial program of state guarantees of free medical care to citizens in the Stavropol territory and according to the Resolution of the Government of the Russian Federation of 06.03.2013 No. 186 "on approval of the Rules of medical care to foreign citizens in the territory of the Russian Federation".

Medical insurance policy and contract for the provision of paid medical services

The right to receive medical care of a foreign citizen is certified by a medical insurance policy. Thus, the policy of compulsory medical insurance (MHI) in the case of free medical care and voluntary medical insurance policy (VHI) in the case of paid medical care. In the absence of an insurance policy, paid medical care is issued by a contract for the provision of paid medical services. Foreign citizens, whom the legislator classifies as insured persons, have the right to receive free medical care (art. 10 of the Federal law” on compulsory medical insurance " No. 326-FZ of 29.11.2010).

The right to receive medical care for foreigners insured in the MHI system

Article 10 of the Federal law No. 326-FZ of 29.11.2010” on compulsory medical insurance in the Russian Federation " establishes the list of insured persons in this sphere. Thus, insured persons are citizens permanently or temporarily residing in the Russian Federation, foreign citizens, stateless persons (except for highly qualified specialists and members of their families, as well as foreign citizens engaged in labor activities in the Russian Federation in accordance with article 13.5 of the Federal law of 25.07.2002 No. 115-FZ “on the legal status of foreign citizens in the Russian Federation”), as well as persons entitled to medical care in accordance with the Federal law “on refugees”.

In addition, the above article divides permanently or temporarily residing in the Russian Federation foreign citizens:

- working under an employment contract, including the leaders of organizations are the only participants (founders), members of the organizations, the owners of their property, or civil-legal contracts which subject are performance of works, rendering of services, under the contract of author's order, as well as the authors of the works, receiving payments and other compensations under contracts of alienation of exclusive rights to works of science, literature, art, publishing license agreements, license agreements granting the right to use works of science, literature, arts;

- on independently providing themselves with work (individual entrepreneurs, notaries engaged in private practice, lawyers, arbitration managers).

Influence of the status of stay in the Russian Federation on receiving medical care to foreign citizens

First of all, it is worth noting that emergency medical care (including specialized ambulance) by medical organizations of the state health care system is provided to foreigners free of charge regardless of their status in the Russian Federation. In particular, this assistance is provided free of charge for diseases, accidents, injuries, poisoning and other conditions requiring urgent medical intervention.

Permanently or temporarily residing foreign citizens

In accordance with the legislation of the Russian Federation, foreign citizens and stateless persons living in the Russian Federation have the right to apply for an MHI policy and receive free medical care within the framework of the Territorial MHI program. The category of their status (residents) is determined by one of the following documents:

- residence permit;

- temporary residence permit.

The right of a foreign citizen to apply to an insurance medical organization to obtain an MHI policy is exercised by submitting an application for the choice (replacement) of an insurance medical organization. The order of the health Ministry of Russia and from 28.02.2011 № 158н (as amended from 11.01.2017) "On approval of Rules of obligatory medical insurance" sets forth in writing or typewritten method design and procedure this statement of insurance medical organ ization with the use of information and communication networks, including network "Internet", through the official website of the territorial mandatory medical insurance Fund of Stavropol territory. The application form for the choice (replacement) of the insurance medical organization was approved by the Letter of the FFOMS dated 30.12.2011 No. 9161/30-1/I (as amended on 19.01.2017) “on the direction of Methodological guidelines for the presentation of information in the field of compulsory medical insurance”

Term of validity of the MHI policy and the rights of the insured

It is worth noting that foreign nationals with a temporary residence permit, compulsory health insurance policy of a single sample is made on the validity of the temporary residence permit in the Russian Federation.

A foreign citizen insured in the MHI system, on an equal basis with the citizens of the Russian Federation, is entitled to choose a medical organization and a doctor within and outside the territory of the subject of the Russian Federation in which he lives.

In addition, it should be noted that if a foreign citizen insured in the MHI system believes that his rights have been violated, he has the right to file a complaint with the medical insurance organization that issued the policy, the Department or Department of health in the territory, or directly to the head of the medical institution.

Emergency and planned medical care for foreign citizens (except for insured foreigners in accordance with article 10 of Law No. 326-FZ of 29.11.2010) is provided on a reimbursable basis (cash or non-cash payment). A condition for the provision of medical care is a contract of voluntary medical insurance (VHI) or a contract for the provision of paid medical services, on the basis of which emergency and planned medical care can be provided.

Medical assistance in planned form provided by the foreign citizen's written guarantees of execution of obligations on payment of the actual cost of medical services or prepaid medical services based on the estimated amount of provision of these services (except for cases of rendering of medical aid the subjects of other States, the insured under the MHI), as well as the necessary medical documentation, if any (such documentation is the extract from the medical history, information about the surveys and diagnostics, the presence of diseases and their treatment).

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