The procedure for providing information on the state of health of patients. Obtaining information about the needs and state of the market Insurance companies in the process of informing citizens

A task. For many years, the Kirov rural construction plant (SSK) unloaded from barges to the banks of the river. Vyatka sand. The place of storage - the village of Krasnoye (within the city of Kirov) is located in the second zone of the sanitary protection zone of the city water intake.

The Kirov City Committee for Nature Protection ordered the SSC to change the sand delivery technology and refused to agree on the allocation land plot for storage of sand. The administration of the Novovyatsky district refused the SSK to allocate land for this purpose.

• - on what legal grounds is it carried out economic activity in the village of Red;
• -- what does SSK do to protect the environment;

During the year, the SSK management did not respond to these and repeated similar requests from the Company and citizen S., in connection with which they filed statements of claim (separately) with the court at the location of the defendant to protect the right to receive environmental information.

In acceptance statements of claim was denied by the court.

The former deputy chairman of the Society, citizen K. (by that time not working in the Society) also requested information from the SSC and, having not received a response, filed a claim with the SSC for information, referring to Art. 24 of the Law of the Russian Federation "On Information, Informatization and Information Protection" dated February 20, 1995

What are the rights of citizens and public association violated?

Are there legal grounds to protect violated rights in court?

In what form should the protection of the right to information be carried out: in the form of proceedings on a complaint against the actions of officials or in the form of action proceedings?

What steps would you advise citizens and their associations to take in this or a similar situation to most effectively protect their environmental rights?

Solve the case.

Solution

Art. 42 of the CRF, everyone has the right to a favorable environment, reliable information about its condition and compensation for damage caused to his health or property by an environmental offense. In addition, for the protection of violated rights in court, there are the following grounds:

Article 3) provides for the basic principle “observance of the right of everyone to receive reliable information about the state of environment, as well as the participation of citizens in decision-making regarding their rights to a healthy environment, in accordance with the law”

Article 12 Federal Law "On Environmental Protection" of January 10, 2002 N 7-FZ (as amended by the Federal Law of 09.05.2005 N 45-FZ). Rights and obligations of public and other non-profit associations carrying out activities in the field of environmental protection

1. Public and other non-profit associations, carrying out activities in the field of environmental protection, have the right:

develop, promote and implement programs in the field of environmental protection in accordance with the established procedure, protect the rights and legitimate interests of citizens in the field of environmental protection, involve citizens on a voluntary basis in the implementation of activities in the field of environmental protection;

at the expense of own and borrowed funds, carry out and promote activities in the field of environmental protection, reproduction natural resources, ensuring environmental safety;

provide assistance to public authorities Russian Federation, state authorities of the constituent entities of the Russian Federation, bodies local government in solving environmental issues;

organize meetings, rallies, demonstrations, marches and pickets, collect signatures for petitions and take part in these events in accordance with the legislation of the Russian Federation, make proposals for holding referendums on environmental protection issues and discussing projects related to environmental protection;

apply to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, other organizations and officials about obtaining timely, complete and reliable information about the state of the environment, about measures for its protection, about the circumstances and facts of economic and other activities that pose a threat to the environment, life, health and property of citizens;

participate in the prescribed manner in the adoption of economic and other decisions, the implementation of which may have a negative impact on the environment, life, health and property of citizens;

apply to state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities and other organizations with complaints, applications, claims and proposals on issues related to environmental protection, negative impact on the environment, and receive timely and reasonable answers;

organize and conduct hearings in accordance with the established procedure on issues of design, placement of facilities, the economic and other activities of which may harm the environment, pose a threat to the life, health and property of citizens;

organize and conduct, in accordance with the established procedure, a public environmental review;

submit to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, the court an appeal to cancel decisions on the design, placement, construction, reconstruction, operation of facilities whose economic and other activities may have a negative impact on the environment, on restriction, suspension and termination of economic and other activities that have a negative impact on the environment;

sue in court for damages to the environment;

exercise other rights provided by law.

2. Public and other non-profit associations, when carrying out activities in the field of environmental protection, are obliged to comply with the requirements in the field of environmental protection.

Article 24 of the Federal Law "On Information, Informatization and Information Protection" of February 20, 1995 N 24-FZ (as amended by the Federal Law of 10.01.2003 N 15-FZ) .

1. Denial of access to open information or provision of deliberately false information to users may be appealed in court.

Non-fulfillment or improper fulfillment of obligations under a supply, purchase and sale agreement, under other forms of exchange information resources between organizations are considered by the arbitration court.

In all cases, persons who are denied access to information, and persons who have received false information, have the right to compensation for the damage they have suffered.

• 2. The Court considers disputes about the unreasonable classification of information as information with restricted access, claims for damages in cases of unreasonable refusal to provide information to users or as a result of other violations of users' rights.
• 3. Heads, other employees of public authorities, organizations guilty of illegally restricting access to information and violating the information protection regime, are liable in accordance with criminal, civil and administrative law.

Therefore, it is best and more weighty to protect the right of citizens to information in the form of lawsuit proceedings.

For the most effective protection of their environmental rights, one should file a complaint or an application for bringing the perpetrators to administrative responsibility to higher instances of the prosecutor's office and the court.

environmental law information environment

Literature

• 1. Brinchuk M.M. environmental law(environmental law): Textbook. Moscow: Yurist, 1999. 688 p.
• 2. Erofeev B.V. Russian Environmental Law: Textbook. Moscow: Yurist, 1996. 624 p.
• 3. Bogolyubov S.A. Environmental law. Textbook for high schools. M.: Publishing group NORMA-INFRA-M, 1998. 448 p.
• 4. Environmental law in Russia: Textbook / ed. V.D. Ermakova, A.Ya. Sukharev. M.: IMPE, 1997. 478 p.
• 5. Commentary on the Law of the RSFSR “On the Protection of the Environment” / ed. ed. S.A. Bogolyubov. M.: Publishing group INFRA-M-NORMA, 1997. 382 p.
• 6. Makovik R.S. Environmental law. Definitions, schemes, comments. Moscow: Manuscript, 1996. 88 p.

Since the commercial success of the enterprise in modern conditions depends on the degree of customer satisfaction, the quality system should be focused on information about the needs and the degree of their satisfaction, as well as the state of the market of competitors and the quality of their products.

The basis of the quality system should be marketing research, in the implementation of which it is necessary to take into account the following features modern market:

- the consumer dictates what, when, in what form he wants to receive and at what price;

- competition in the market due to its globalization is sharply aggravated;

– consumer needs and the market situation change very quickly.

The function of marketing should be to determine the needs, demand, specific and expected requirements of consumers and the market, product characteristics that meet consumer requirements and regulations.

It is precisely the fact that the modern world market is a buyer's market that prompts the governments of all industrialized and many developing countries to contribute in every possible way to increasing national exports.

Consider the concept of competitiveness. This is a very important criterion that characterizes the company's ability to exist in market conditions.

In general, under competition is understood as: an element of the market mechanism or a form of interaction between market entities or the economic rivalry of isolated commodity producers for market share and profits, obtaining an order or

We are interested now product competitiveness- the ability of the product to meet the requirements of the market for this type of product.

Assessment of the competitiveness of the goods (CSP) is based on a comparison of this product with the corresponding products of other firms. The indicator of product competitiveness is expressed by the ratio of the useful effect to the price of consumption, and the integral indicators of the characteristics of the product - its quality - are taken as the useful effect.

Ways to get information: market analysis, open sources, marketing research, own research, involvement of an outside specialist, etc.

Quality planning

Product quality planning is understood as the establishment of reasonable targets for the production of products with the required values ​​of quality indicators for a given ms of time or within a given time interval.

Quality improvement planning should be based on scientifically based forecasting of the needs of the domestic and foreign markets. To correctly substantiate quality improvement plans, data on the results of product operation should be used, and information on the actual level of its quality should be summarized and analyzed.

The subject of product quality planning are, ultimately, various indicators that reflect both the product properties of the department and the various characteristics of the quality management system and processes. These indicators are reflected in specific tasks to improve product quality in the plans for research and development, standardization and metrological support, implementation of quality management systems, technical development of the enterprise; training, etc.

The main objectives of planning to improve product quality are:

Ensuring the release of products with the maximum compliance of its properties with existing and future market needs;

Raising the technical level and quality of products to the level of the best domestic and foreign samples;

Establishment of economically optimal tasks for improving the quality of products in terms of their resource provision and consumer demands;

Improving the structure of manufactured products by optimizing its size range;

Increasing the production of certified products;

Improvement of individual consumer properties of already manufactured products (reliability, durability, safety, efficiency, etc.);

Timely reduction of output or removal from production of obsolete and uncompetitive products;

Ensuring strict compliance with the requirements of standards, specifications and other regulatory and technical documentation, timely implementation of newly developed and revision of obsolete standards;

Development and implementation of specific measures to ensure the achievement of a given level of quality;

Quality improvement planning should be carried out on different levels management and stages life cycle products, including design, manufacture and operation. Quality improvement plans should be provided with the necessary material, financial and labor resources, and the planned indicators and measures to improve the quality must be carefully substantiated by calculations of economic efficiency.

Planning to improve the quality of products at the enterprise should be based primarily on:

Careful study of current and prospective demand for products;

Analysis of consumer feedback on the behavior of products in operation;

Drafting contracts with customers.

Quality improvement plans should also consider:

Results of product certification;

progressive requirements existing standards and technical conditions;

Research results;

Patent materials;

Licenses;

Scientific and technical information data;

Consumer requirements.

Creation of a quality system

The quality system is a set organizational culture, methods, processes necessary for the implementation of general quality management. The choice of a quality system model depends on the financial condition of the enterprise, the goals that it pursues when creating the system, the size of the enterprise, the structure and organization of production. Creation efficient structure quality system requires maximum integration of the activities of all departments and services of the enterprise.

The successful functioning of the quality system and its further improvement depends on the organizational structure of quality management, which can be:

- vertical (top to bottom);

– horizontal (system of cooperation).

The choice of organizational structure depends on the concept of quality management preferred by the enterprise and the goals of creating a quality system. Hierarchical organizational structures with vertical management processes, as a rule, are poorly adapted to the implementation of the development and implementation modern systems quality. The most effective horizontal quality management processes, among which the following are recognized in the world:

– project management style;

– statistical process control;

– construction organizational structures from the "consumer-supplier" chains;

– structuring of quality functions.

The project management style has become widespread. The project is always focused on a specific consumer and product customer. The project manager is appointed by the top management of the enterprise and is accountable only to him. Within the project, a project team is created on a competitive basis, which develops all processes and a quality system in accordance with the requirements of a given consumer. The essence of statistical management is the use of statistical methods to minimize the variability of the process. Deming argued that the quality of the product will be higher, the less the variability of projects.

Many citizens do not know what rights they have in the field of health protection. Description of the fundamental rights of citizens. The right view on the safety of information that is not subject to disclosure. The patient's right to information about his health and treatment methods is enshrined in the legislation of the Russian Federation.

By legal aspect The patient's right to information includes:

• duty government agencies create such conditions for people that they have the opportunity to familiarize themselves with documents relating to civil rights and freedoms;
• the right to freely use lawful means of collecting, transmitting and disseminating information;
• the right to know the state of the environment and in the event of an adverse impact on health to receive compensation for damage;
• the responsibility of civil servants in case of concealment of factors that may pose a threat to human health.

If we consider the rights and obligations in the field of informing about personal data, we can distinguish the following:

• free receipt of information that affects information about another person only if this is part of the obligation;
• obtaining information related to the processing of his personal data;
• clarification of a person's personal data in cases where the information is outdated or it is not provided in full.

Legislative acts that operate in the field of health relations establish the following rights of people:

• the right of the patient to information about the state of health;
• share your health information with other selected individuals;
• have authorized access to information about their health that is held by a medical institution;
• obtaining accurate information needed in order to take measures to preserve health.

The last point concerns the general norms of possible danger from work, the environment in locality, food safety.

Information on permission to process your personal data must be provided only if there is such a request from the proper persons with such authority.

This document contains:

• a link to an identity document;
• information that confirms the legitimacy and necessity of having access to personal data;
• signature and date of completion of the document.

Request permission to process personal data medical institution, an insurance company, for example, to draw up and enforce a health insurance policy. All issues related to obtaining personal information about citizens are regulated by the articles of the Law of the Russian Federation "On Personal Data".

Citizens who applied to the hospital have the right to receive information about their state of health. Also, such information can be obtained by the attending physician, the representative of the insurer and the hospital. If the patient wants to exercise his right on his own, he needs to know what options he has in doing so.

Information rights include:

• familiarization with medical papers, extracts, certificates, analyzes that have information about his health;
• expert advice;
• obtaining documents that reflect information about health.

Cases when the doctor must inform the patient about his health:

• the patient chooses a specialist and a hospital;
• permission of the patient is required for the operation;
• during treatment and examination.

According to the established rules, a person who has reached the age of fifteen can receive information. If treatment fails or results in the patient's death, the medical condition that led to this outcome should be reported by the physician to close relatives (eg husband, wife).

Legislative acts define the following list of responsibilities of a medical institution:

1. Informing a representative of a medical institution about the activities of the organization, specialization, and the level of qualification of employees.
2. Provide patients with accurate information about the care that has been provided.
3. Report on what methods were chosen, methods for the implementation of treatment.
4. Inform patients about their right to receive assistance under the terms of the current insurance policy.
5. Report on medicines, materials, goods that will provide a decent level medical services and proper assistance.

Also, the patient can contact the hospital representative in order to find out the rules and conditions for the effective and safe use of the products.

When a citizen receives free medical care, hospital staff must report:

• the procedure, rules and amount of services determined by the medical policy;
• a complete list of services that the organization provides;
• types of medical care;
• indicators of the quality of services provided to the patient.

These obligations are spelled out in the Law of the Russian Federation "On Compulsory Medical Insurance" and the Law of the Russian Federation "On Health Protection".

Insurance companies in the process of informing citizens

Accompanying and informing the patient should be provided by a representative of the insurance company with which the citizen has concluded an agreement.

The law imposes the following obligations on the insurance company:

• inform about all rights and obligations when contacting a medical institution;
• provide a list of hospitals that provide assistance under a valid insurance contract in this locality;
• inform about the type of assistance provided medical organization;
• about violations by the hospital that were previously identified.

Before concluding a contract with an insurance company, you must carefully read the list of situations for which the policy is not provided.

When a citizen applied to a medical institution in order to receive paid assistance, the representative of the organization is obliged to inform him of the following points:

1. Availability of the opportunity to receive the required assistance in the right amount.
2. List of services that are provided on a paid basis.
3. Application procedure Money for the services rendered.
4. Conditions, methods, procedure for the implementation of treatment.
5. Information about the personnel of the medical center (education, qualifications, work experience).
6. Working hours of the medical center.
7. The mode of operation of specialists who provide paid services.
8. Information about the level of his health.
9. Information about medications that will be used during treatment.

Information about medicines includes: expiration date, description of cases of prohibition of use and indications for use. Notifying the patient about his state of health, it is necessary to inform about the results of the study, the diagnosis.

Citizens have the right to apply to a medical institution if there are such grounds:

• the terms established by law for the provision of medical care or a specific service were violated;
• emergency assistance was not provided on time;
• documents were requested that, under the law, are not supposed to be required;
• it was refused to accept documents that, according to legislative norms, must be accepted for the provision of medical care;
• no medical assistance was provided;
• medical care was of poor quality;
• the actions of specialists without complying with the current legislation;
• the patient is dissatisfied with the decision that was made regarding the provision of medical care;
• lack of attention, ethics, morally bad attitude of a medical institution specialist;
• requests to pay for a service that is not included in the list of paid services.

Appeals received from citizens must be registered within one day. If the medical institution is not authorized to respond to the appeal, it needs to redirect the request to the appropriate authority. The applicant must also be informed of this. If the written application contains questions that only other competent authorities can answer, they need to send copies of the application. The law establishes a twenty-day period for consideration and response. In cases where additional time is required to study the materials or carry out certain actions, it is permissible to send a response thirty days after the request. In this case, the applicant must be informed of the need additional measures.

An application that can be submitted if there are grounds must contain the following information:

• introduction, name of the medical institution or personal data official;
• personal information about the applicant;
• contact details (phone, email);
• the address to which the written response will be sent;
• description of the stated requirements;
• painting and date of compilation.

The applicant may attach accompanying papers. He also has the right to send them to the organization's email. When an appeal is submitted by a third party, confirmation of the relevance of his rights is required. To do this, you need to issue a power of attorney. In addition, you must attach a document that certifies his identity. All applications received must be accepted.

The appeal may not be accepted if it does not contain the following information:

• personal data of the applicant (full name);
• address.

Also, the appeal is not accepted when it contains information about the upcoming illegal action. Such a document is sent to the departments of the Ministry of Internal Affairs.

Reasons for rejection may include the following factors:

1. The text of the statement is unreadable.
2. The medical institution cannot give an answer, because for this it is necessary to disclose the secret.
3. The appeal contains demands and questions that until now medical Center provided an answer.

Another reason for refusing to accept documents will be the lack of papers that confirm the authority of the representative.

A responsibility

When a person is not aware of the course of treatment and his state of health, his expectations diverge from reality. If you properly fulfill your powers, such situations may not arise. The law provides for sanctions against officials who fail to provide information.

Thus, if the population was not informed about the services and their cost, patients can demand a reduction in the amount of payment for the services provided. When a citizen enters into an agreement for the provision of paid medical care, but it is not provided to him on time or the patient was not informed about medicines and other related products for treatment, he may claim compensation for damages that have been caused due to non-fulfillment of the terms of the contract. He can also terminate the concluded contract and demand the return of the money that was deposited. Failure to notify the public of the operation of the free medical care program by a representative of public hospitals may lead to demands from citizens to compensate for the damage they have received due to lack of information. When a person is denied medical care, a specialist can be held administratively liable. In certain cases, criminal liability may arise.

Case Studies

A citizen Miroshnik A.V. applied to the court with a statement. She stated that the medical institution had transferred information about her illnesses to the social security authorities and now this is a problem for her. The woman did not provide permission to disseminate information. During the court session, representatives of the hospital explained this by the fact that they took care of the health of the plaintiff and her unborn baby. They went to all methods and were for truthfulness. The hospital nurse believes they did their job. After hearing the parties and considering the evidence base, the court satisfied the claims.

PROCEDURE FOR PROVIDING INFORMATION

on the state of health of patients undergoing inpatient treatment at the Federal State Budgetary Institution “FTSSSH” of the Ministry of Health of Russia, Krasnoyarsk (hereinafter referred to as the Center), relatives and friends of patients.

1. Providing information about the state of health of a patient undergoing inpatient treatment at the Center is carried out only to persons indicated by the patient in the authorization form for the transfer of information constituting a medical secret. This form is filled out by the patient during the registration of hospitalization in the emergency department and is placed in the medical history. Responsible for filling out the form and placing in the medical history is nurse reception department.

2. Information about the patient's health status to persons to whom the patient has given consent to receive information may be provided by the attending physician, operating surgeon, head of the department, resuscitator or head of the intensive care unit when the patient is in the intensive care unit.

3. Information about the patient may be obtained in a personal conversation with a doctor or with the head of the department, or by telephone. If the patient indicates a specific person to receive information, the transfer method is only face-to-face - after the provision of documents confirming the identity and verification of their data with those specified by the patient in consent to the transfer of data.

4. On weekdays, information about the patient's health status is provided by the attending physician or operating surgeon at a personal meeting or by phone number of the internship from 14.00 to 16.00 (including information about patients in the anesthesiology and intensive care unit). Information about the condition of patients transferred to the intensive care unit after 16.00 is provided on that day by the doctor on duty resuscitator or on-duty pediatric resuscitator from 20.00 - 22.00 at the telephone number of the internship or medical post, or at a face-to-face meeting.

5. On weekends and holidays information about the health status of patients being treated in the anesthesiology and intensive care unit is provided by the doctor on duty resuscitator or on-duty pediatric resuscitator from 10.00 to 12.00 and from 20.00 to 22.00 by the telephone number of the internship or medical post, or at a face-to-face meeting.

6. Information about the patient’s health status is received from the head of the department either directly by contacting the phone number of the office of the head of the department at working time or through the attending physician, who is obliged to inform the latter of the need to clarify the patient's state of health. The head of the department within 2 working days must ensure the provision of information over the phone or at a face-to-face meeting.

7. Other employees of the Center, except for the persons specified in paragraph 2 of this Procedure, are prohibited from providing any information about the patient's condition. Information about the request received, about the patient's condition must be transferred to the patient's attending physician or operating surgeon, while the patient is in the intensive care unit - to the resuscitator.

Continues environmental and legal education of citizens and presents to your attention another infographic on the topic "Openness of environmental information".

First of all, it is necessary to understand what environmental information is and how its openness is expressed. According to the environmental handbook, environmental information is “any information in written, audiovisual, electronic or any other material form about the state of the elements of the environment; factors that have or can have an impact on elements of the environment; the health and safety of people; living conditions of people; state of cultural objects, buildings and structures. The openness of this information implies unhindered access to information about the state of the environment by the public, as well as the opportunity to participate in solving environmental problems.

In Russian legislation, unlike directories, there is no definition of environmental information, and the rules governing its receipt are more of a formal, declarative nature. However, the issue of obtaining environmental information is extremely important. First of all, because the right to receive it is enshrined in Article 42 of the Constitution of the Russian Federation.

Moreover, concealment, distortion or non-provision of environmental information can lead to administrative and even criminal liability in relation to persons who are obliged to provide it.

What kind of environmental information and in what form should it be provided? Information about this can be found in Federal Law No. 7 “On the Environment” dated January 10, 2002 and in more than 30 special federal laws. The environmental information to which you are entitled, according to these documents, must have three essential characteristics - to be complete, reliable and timely. Without going into long reflections on this debatable and sometimes controversial topic, we decided to immediately tell you where to look for environmental information.

The existing information can be found in many sources. Both government agencies and the media publish new laws and documents in the field of environmental protection. Many government agencies have electronic reception desks where you can send an appeal yourself if you do not find the information you need in the public domain. The main sources of environmental information include:

- Ministry of Natural Resources and his departments Rosprirodnadzor, Federal Service for Supervision of Natural Resources, Federal Agency for Subsoil Use, Federal Agency for Water Resources, Federal Forestry Agency);
- Roshydromet - the main body that monitors the environment;
- Rostekhnadzor, Rosselkhoznadzor, Rospotrebnadzor;
- help systems Consultant Plus and Garant . They partially provide free access, but a paid subscription is required to access the entire document database. These systems include legislation in all sectors, including those from the field of ecology;
- portals and sections of open data. There are federal level portals, for example, state or open government portal , as well as open data portals in individual regions and private;
- Rosreestr , whose website publishes information related to land monitoring and land management, including those that are part of nature reserves, national parks, etc.
- "Russian newspaper" , which promptly publishes the latest changes in federal legislation. Documents at the regional level are published in regional and local publications;
- in regional and municipal departments.
Also important information can be published by companies and organizations that somehow work in the field of environmental management.

Of course, getting the necessary environmental information is sometimes a little problematic, although the right to it is prescribed by law. Patience is required both in order to find the necessary information on some confusing sites, and in order to wait for an answer if you sent questions of interest through the reception (on average, the processing time for an appeal is 30 days).

When implementing the project, state support funds are used, allocated as a grant in accordance with the order of the President of the Russian Federation dated 01.04.2015. No 79-rp and on the basis of a competition held by the Movement "