MODEL STATUTE FOR CRH

Agreed
by the decision of ______Rayon Council
of ...... 200 No...... / Approved
by the order of the Head of _____Rayon
State Administration of ______Oblast
of ...... 200 No.....

STATUTE

of the communal noncommercial enterprise

„CentralRayonHospital”

  1. General provisions

1.1.The communal noncommercial enterprise „CentralRayonHospital”(hereinafter referred to as the Hospital) is created by the decision of Rayon Council(hereinafter referred to as the Founder) of ...... 2004 No...... by reorganizing the budgetary facility „ CentralRayonHospital” and appears as the assignee of the mentioned above budgetary facility.

1.2.The Hospital was founded on the basis of property that is the common property of territorial communities of villages and settlements of ______Rayon of ______Oblast.

1.3.The Hospital belongs to the sphere of management of ______Rayon State Administration of______Oblast (hereinafter – the Management Body).

1.4.The full name - the communal noncommercial enterprise "______CentralRayonHospital", the reduced name - "______CRH”.

1.5.The legal address of the Hospital ______

  1. Objective and subject of the Hospital’s activity

2.1.The basic objective of the Hospital’s activity shall be:

  • providing for population medical services directed at health preservation, improvement and restoration in accordance with requirements of corresponding normative and legal acts;
  • realization of other activity necessary for appropriate carrying out of preventive maintenance, diagnostics and treatment of illnesses, traumas, poisonings or other health problems and medical control over the course of pregnancy and providing medical assistance at confinement;
  • organization of interaction with others health facilities for the purpose of maintenance of continuity in provision of medical assistance at various levels and effective utilization of the health system resources.

2.2.The subject of the Hospital’s activity shall be:

  • immediate maintenance of health services for population of ______rayon of ______Oblast by providing to it gratuitous qualified scheduled inpatient and specialized out-patient and polyclinic assistance, as well as immediate and urgent medical (treatment and prophylactic) assistance according to contracts for provision of medical services which are purchased at the expense of the rayon budget, with the use of own personnel and material resources;
  • organization of provision for population of ______rayon of ______Oblast of medical assistance of a higher level of specialization on the basis of other medical facilities by means of directing of patients to these facilities in the order stipulated by legislation;
  • providing medical and other services for physical and other legal entities on the gratuitous and pay-back basis in cases and under conditions stipulated by corresponding laws of Ukraine, normative and legal acts of the Cabinet of Ukraine and statutory acts of local executive authorities issued for their performance, as well as on the basis and under conditions determined by contracts for voluntary medical insurance.
  1. Conditions and the order of medical services provision at the Hospital

3.1.The Hospital shall be authorized to directly provide only the types of medical services and medical (treatment and prophylactic) assistance which are allowed for it on the basis of the appropriate license and results of state accreditation.

3.2.In case a person who addressed the Hospital requires medical services which can not be provided by the Hospital directly with the use of its own personnel and material resources, the Hospital shall be obliged to direct such a person to another medical facility or a specialist who can provide corresponding services.

3.3.The only reason for receiving medical services at the Hospital shall be the state of a person’s health and necessity of provision of such services confirmed by a concrete person’s possessing corresponding medical prescriptions. The hospital shall have no right to refuse providing medical services to any person because the place of constant his/her permanent residence is outside of ______rayon of ______oblast or taking into account other circumstances not connected to his/her state of health.

3.4.The sequence of access of persons who addressed to the Hospital to medical services shall be adjusted exclusively by medical criteria and urgency of the necessity of providing services that are based on estimation of the degree of life and health threat of a concrete person.

3.5.Hospitalization in inpatient branches of the Hospital shall be carried out only in case of the patient’s medical indications that predetermine the necessity of 24h medical control of the patient’s state of health and 24h continuous medical intervention that cannot be provided outside or in the case if hospitalization is obligatory in connection with requirements of legislation.

3.6.The decision on hospitalization in the Hospital’s inpatient branches shall be made by the doctor authorized by the Head of the Hospital, after acquaintance with the state of the person’s health and reception of this person’s consent, consent of his/her lawful representative (except for cases when, according to legislation, such consent for hospitalization is not necessary).

3.7.In case if the state of the person’s health requires urgent hospitalization to the Hospital, but at that there are no available places in the Hospital, or the Hospital has no right to render medical services necessary for the specified person under conditions of licensing and state accreditation, or hospitalization of the specified person to the Hospital is impossible because of epidemiological conditions and criteria, the Hospital, after providing urgent assistance, shall provide in case of need transportation of the patient to another medical facility following a previous agreement by this issue with the corresponding medical facility. At that, to the other medical facility where the patient is directed, they shall transfer a copy of appropriate medical documentation with information on the state of the person’s health and actions taken in the Hospital.

3.8.If other is not stipulated by legislation, discharging from inpatient branches of the Hospital shall be carried out in case of:

3.8.1.the state of the hospitalized person’s health does not require further treatment under hospital conditions;

3.8.2.the hospitalized person’s will or that of his/her lawful representative;

3.8.3.the hospitalized person violates internal regulations of the Hospital, but at that there is no danger that the refusal to continue the stay of such a person in inpatient conditions or termination of providing medical services can cause immediate threat for his/her life or health or for life or health of other persons.

3.9. If the lawful representative of the hospitalized person insists on discharging of this person from an inpatient Hospital’s branch and the state of health of the specified person requires continuation of treatment under inpatient conditions, the Head of the Hospital or the doctor authorized by him/her can refuse discharging till the moment of decision making for this case by the appropriate trusteeship and care body or court, except for cases when legislation stipulates another order of solving this issue.

3.10. The person who demands discharging from an inpatient Hospital’s branch at his/her own will, shall be informed by the doctor about possible consequences for his/her health which may be caused by termination of treatment at hospital. Such a person shall certify in writing the fact of discharging from the hospital at his/her own will and reception of information specified in this item from the doctor. In case a person refuses providing such a certification, the doctor shall be obliged to make an appropriate record in medical documentation of the specified person.

3.11. If a lawful representative or a trustee does not take away a minor or incapacitated person after discharging from an inpatientHospital’s branch, the Hospital shall urgently inform about it the local council in the place of residence of the person discharged. Transportation of such a person to the place of permanent residence shall be provided at the expense of the appropriate local council.

3.12. In case of providing medical services, the Hospital shall be obliged to provide observance of corresponding personal non-property rights of the person connected with providing of medical assistance that are stipulated by the Civil Code of Ukraine and other laws of Ukraine.

4. Costs compensation and payment for medical services provided by the Hospital

4.1.For citizens who permanently reside in the territory of ______rayon of ______Oblast, all medical services, except for those included in the list of paid services approved by the Decision of the Cabinet of Ukraine of September, 17, 1996 #1138, shall be provided free of charge by the Hospital at the expense of financial resources which are transferred to it according to the contract for purchase of medical services at the expense of means of the ______rayon regional budget and its other funds.

4.2.Medical services within the framework of immediate and urgent medical assistance for citizens who do not permanently reside in ______rayon of ______Oblast shall be provided free of charge. The cost price of other medical services that are provided by the Hospital for such citizens (except for those included in the list of paid services approved by the Decision of the Cabinet of Ukraine of September, 17, 1996 #1138) shall be subject to compensation at the expense of means of the appropriate rayon or city budget at the place of residence of such persons on the basis of a corresponding application signed by the Head of the Hospital, and in case of refusal of the party that must compensate the means – following the court decision.

4.3.The issue of indemnification of the cost price of the Hospital’s expenses connected with providing of services which are not connected with provision of immediate and urgent medical assistance to homeless persons and persons without a permanent place of residence shall be solved by the Management Body separately for each concrete case proceeding from circumstances of this case.

4.4.Cost of paid services which are included into the list authorized by the Decision of the Cabinet of Ukraine of September, 17, 1996 #1138 shall be compensated at the expense of citizens’ personal means, and in cases stipulated by legislation of Ukraine - at the expense of other sources by prices set according to requirements of legislation.

4.5.Cost of medical services provided by the Hospital in connection with the an insurance case determined by legislation for persons insured under mandatory state social insurance against accident at work and professional diseases which caused disability shall be compensated at the expense of means of the appropriate social insurance fund in the order stipulated by legislation.

4.6.Cost of services of the Hospital connected with provision of medical assistance to invalids within the framework of the individual rehabilitation program according to the Law of Ukraine "On basics of social security for invalids in Ukraine" shall be compensated at the expense of means of the invalids’ social protection fund.

4.7.The person specified in point 3.8.1 of this Statute, from the moment determined by the Head of the Hospital, shall compensate all expenses for coverage of the cost price of his/her stay in inpatient branches of the Hospital at his/her own expense. The cost price of expenses connected with continuation of the stay in inpatient branches of the Hospital of minor or incapacitated persons whose state of health does not require further treatment in hospital shall be compensated by parents or other lawful representatives of such persons.

4.8.The person who is in the alcoholic intoxication condition bears all expenses for provision by the Hospital of medical services at his/her own expense in case if intoxication is the only and direct reason which caused the necessity of provision for such a person of medical assistance and the fact of intoxication is confirmed by result of examination which shall be carried out in the order stipulated by legislation.

4.9.Providing of medical assistance to foreigners and persons without citizenship, to persons who have the status of refugees shall be carried out in the order and under the conditions determined by appropriate laws, international contracts, the consent to compulsion issued by Verhovna Rada of Ukraine, and decisions of the Cabinet of Ukraine.

4.10.In case of involvement of the Hospital into provision of medical services within the framework of realization of actions for liquidation of consequences of extreme situations having the technogenic, natural, sociopolitical character, financial coverage of costs of the specified medical services shall be provided at the expense of means of the State budget of Ukraine’s reserve fund, oblast and rayon budgets in the order and under the conditions stipulated by legislation.

4.11.In case of involvement of the Hospital into provision of medical services within the framework of realization of actions connected with fighting epidemics and in cases of mass poisoning of people, financial coverage of costs of the specified medical services shall be provided at the expense of budgetary appropriations for actions connected with fighting epidemics from the State Budget of Ukraine or the oblast budget in the order and under the conditions stipulated by legislation.

  1. Legal status of the Hospital

5.1.The Hospital shall be an independent economic subject with the status of a communal noncommercial enterprise and owing all rights of a legal entity from the date of its state registration.

5.2.The Hospital shall operate on the basis of the Constitution of Ukraine, the Foundation Law of Ukraine on Healthcare, Economic and Civil Codes of Ukraine, the Law of Ukraine "On purchase of goods, labor and services at the expense of public funds", other laws of Ukraine, decrees of the President of Ukraine, Decisions of the Cabinet of Ukraine, orders and instructions of Ministry of Health of Ukraine mandatory for all medical facilities, binding statutory acts of other central executive authorities, corresponding decisions of local executive authorities and local self-government bodies, and this Statute.

5.3.The Hospital shall have an independent balance, settlement, currency and other accounts in bank institutions, the seal, stamps and firm blanks with its name.

5.4.The Hospital shall be responsible for its obligations with means and other property that is in its disposal, except for the fixed capital. In case of insufficiency of such hospital’s means and property, the owner shall be responsible for its obligations.

5.5.The Hospital shall not be responsible for obligations of the state, the Founder and the Management Body.

5.6.The Hospital shall have the right to conclude agreements, to obtain property and personal non-property rights, to be the claimant and the respondent in court.

5.7.The Hospital shall have the right to enter associations, consortia, concerns and other unions of enterprises only following an agreement with the Founder.

  1. Property of the Hospital

6.1.Property of the Hospital shall include fixed capital and turnaround means, as well as other values whose cost is reflected in the Hospital’s independent balance.

6.2.Property of the Hospital which is joint communal property of territorial communities of ______rayon of ______Oblast shall be provided to the Hospital gratuitously and shall be assigned to it by the right of operative management. Carrying out the operative management right, the Hospital shall own and use the specified property. In case of the Hospital’s liquidation, the property which belongs to joint communal property of territorial communities of the rayon shall be subject to gratuitous transfer on the balance of the Management Body.

6.3.The Hospital shall have the right to dispose property fixed for it by the right of operative management that is communal property and belongs to fixed capital of the Hospital only following the sanction of the Management Body coordinated with the Steering Committee of the Hospital (hereinafter - the Steering Committee).

6.4.The Hospital shall have the right to dispose other property fixed for it by the right of operative management which is communal property and does not belong to fixed capital of the Hospital, only after performance of the contract for purchase of medical services at the expense of the rayon budget according to legislation of Ukraine.

6.5.Sources of the Hospital’s property formation shall be:

  • property transferred to it by the Management Body;
  • means received under the contract for purchase of medical services at the expense of the rayon budget, incomes received from providing of medical services on the pay back basis at the expense of other sources of financing, as well as from other types of economic activities; credits of banks and other creditors; capital investments and grants from budgets; other sources which are not forbidden by legislation of Ukraine.
  1. Rights and duties of the Hospital

7.1.The Hospital shall have the right to independently:

7.1.1.define the strategy and basic directions of development according to state programs and orders, the financing plan and the development plan of the Hospital;

7.1.2.organize its activity concerning contract performance maintenance for providing medical services at the expense of means of the rayon budget and performance of other contracts concluded;

7.1.3.render medical services beyond the scope of the contract for providing such services at the expense of means of the rayon budget by prices (tariffs) that are set by it independently or on the contract basis, and in cases stipulated by legislation of Ukraine – according to fixed (regulated) state-set prices (tariffs);

7.1.4.make decisions on distribution of its income in view of requirements of points 7.3.7 and 10.2 of this Statute.

7.2. Following an agreement with the Management Body and the Steering Committee, the Hospital shall have the right to:

7.2.1.independently carry out differing from medical services provision economic activity in case of accessibility of capacities free from performance of the contract for providing of medical services at the expense of means of the rayon budget and provided that realization of such economic activity will not have a negative impact on quality and availability of health services for population;

7.2.2.receive credits for performance of the contract for providing of medical services at the expense of means of the rayon budget;

7.2.3.create branches, departments and other detached subunits with the right of opening current and settlement accounts and approve regulations for them.

7.3.The Hospital shall be obliged to:

7.3.1.provide medical services in accordance with the contract for providing of medical services at the expense of means of the rayon budget and other contracts concluded;

7.3.2.provide for duly payment of taxes and fees (obligatory payments) into the budget and to state benefits funds according to legislation of Ukraine;

7.3.3.provide for target use of property fixed for it and of allocated budgetary funds;

7.3.4.carry out construction, reconstruction, modernization, capital repairs of the fixed capital, as well as provide for duly development of new capacities;