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Legal aspects of selected contractual relationships within the public health insurance system in the Czech Republic
Železná, Zuzana ; Koldinská, Kristina (referee) ; Vysokajová, Margerita (referee)
The subject of my thesis is the legal aspects of Contract for the ensuring of providing health services paid from the public health insurance and their reimbursement and Special contract for the ensuring of providing nursing care in social welfare service facilities with residential services and their reimbursement. The regulation of such contractual relationships is confusing, incomplete and does not correspond to the needs of their participants. This thesis should contribute to the solution to the problems. Its aim is to provide a comprehensive text that would deal with the presented issue and that would critically evaluate the current legislation of these contractual relationships and suggest possible solutions. The introductory part briefly describes the ways of funding the health care, the system of the public health insurance in the Czech Republic, its legislation and kinds of relationships that arise within it. The main part is devoted to describing legal aspects of the above mentioned Contracts as well as the problems of contractual parties originating from the existing legislation. The final part of the paper is focused on legal considerations de lege ferenda.
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Purchase of a business undertaking for the purposes of s 502 (private medical practice)
Kropáčková, Žaneta ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
- RESUME This work is concentrated on issue of purchase of medical practices which in this market period gains the importence. Even though today there is bigger and bigger demand for this transaction, legislation is not very well adapted to that. Medical practice can be perceived as undertaking pursuant to § 502 civil code. Because of that, it is possible to sell it (besides other ways) based on legal title business purchase contract pursuant to § 2175 civil code. Legal title business purchase contract is in practice used often, nevertheless whole process of purchase of medical practice based on legal title business purchase contract is not smooth. I would like to highlight the problems which can emerge. It is possible to divide this work into two parts. The first part deals with legal definitions and legal analysis of basic legal terms as undertaking, medical practice, provider of medical assistance services. We can find here also justification why it is possible to perceive medical practice as undertaking. The second part is focused on business purchase contract in general with specifics, which can arise in case of purchase of medical practice based on legal title business purchase contract. In second chapter (after the introduction), I define in general the concept of undertaking and I also...
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Civil liability for bodily injury in the provision of health services
Pobudová, Dana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Civil liability for bodily injury in the provision of health services. The purpose of the present thesis is to analyse the issue of civil liability for bodily injury in the provision of health services. This issue is very topical, especially due to the adoption of new private law, which is presented in this work. The new legislation is evaluated and the problems that have occurred or might occur are defined. In addition the legislation of important institutes is compared with previous regulation. The thesis is composed of eight chapters, each of them dealing with different aspects of civil liability. Chapter one defines basic terminology used in the thesis. The next chapter presents the sources of law. Attention is paid to complex relationship between the Civil Code and the Law on Health Services, and also to a new type of contracts established by the Civil Code - agreement on health care. Chapter three mentions the basic relationship of medical law - the relationship between a doctor and a patient, including the reasons for its creation. The transformation from a paternalistic model to a partnership model is also highlighted. Chapters four and five are concerned with civil liability. At first the liability is defined in general, and subsequently individual facts relating to the provision of health...
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Readiness of healt care providers to mass disasters
Opltová, Kateřina ; Prošková, Eva (advisor) ; Hošťálková, Monika (referee)
Reception of a large number of the injured to a medical facility as a result of a mass disaster or a catastrophe puts high demands on health care. Such situations can not be dealt with the mere improvisation; it is necessary to create unified organizational procedures defining the composition of medical teams and their activities during the multiple reception of the injured to a medical facility. The theoretical part of this thesis provides a comprehensive overview of the current state of emergency preparedness in healthcare facilities. In the empirical part, I analyzed the readiness of health facilities for a mass disaster in the capital city of Prague. A structured interview with open questions was chosen as a method of data collection. Based on the survey, I concluded that the readiness of health facilities in the capital city of Prague differs. I recommend setting up a phone line while receiving patients as a result of a mass disaster in order to improve the situation in Prague. The sole purpose of such a line would be reporting emergencies. I also recommend health care facilities participate actively in exercises within the integrated rescue system and clearly identify and determine facilities where the reception of the injured takes place if a mass disaster occurs. Keywords: mass disaster,...
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The obligations of health services providers
PRÁŠKOVÁ, Martina
This Bachelor´s thesis deals with duties of health care providers in the Czech Republic. The objective of the thesis was to find out whether, from the patient´s point of view, the providers respect their duties imposed by the law. The theoretical part defines health care providers, ways to obtain the authorisation for providing health care and other conditions related to providing health care according to Article 372/2011 ("zákon č. 372/2011 Sb., o zdravotních službách a podmínkách jejich poskytování"). For better orientation in the topic, the thesis analyses types of healthcare facilities, in which health care is provided. The thesis also mentions general terms for providers. Furthermore, it describes in detail and analyses discussed duties, such as informed consent, confidentiality, which can be related to healthcare documentation or to the issue of secret childbirth. The practical part includes a quantitative research based on a questionnaire survey. The questionnaire was filled in by 100 respondents coming from various regions in the Czech Republic. The questions were directed, so that the given hypotheses could be either confirmed or disapproved. Using the chi-squared test, all four hypotheses were confirmed on the basis of respondents´ answers. It has been found out that the providers respect the duties on providing health care with the patient´s informed consent and this notification is carried out in a comprehensible way. Next, the survey shows the respondents find correct to take a minor patient´s opinion on providing health care into consideration. Even the last hypothesis about respecting the patient´s privacy has been confirmed. The given objective of the thesis has been accomplished. The providers respect duties imposed by the law. The thesis defines providers´ duties patients may commonly experience, patients can also point out the non-performance of these duties. The thesis may help laymen to understand better the issue of providers´ duties and to realize their rights that they are not often aware of.
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