Where to complain if they do not give preferential medicines. How to get free medicine

The Supreme Court of the Russian Federation in its own pointed out the procedure for pharmacists if the pharmacy does not have the right medicine for the beneficiary. In such cases, the pharmacist is obliged to register the person who needs the medicine and guarantee to provide the necessary medicine within 10 days, and in urgent cases, do this within 48 hours. If there is such a possibility, the right drug can be replaced by a generic.

The basis for the decision of the Supreme Court was the complaint of a disabled woman from the Krasnoyarsk Territory, Irina Mushallaeva. When she went to the pharmacy for a drug for the treatment of cancer, it was not there. She had to buy the necessary medicine at her own expense, spending 95,550 rubles on it. Moreover, the pharmacy sent medical institution a letter in which she asked to withdraw the prescription, since the pharmacy stocks of this medicine ran out.

Irina Mushallayeva went to court demanding compensation for her treatment costs. The court of first instance sided with her, but the Krasnoyarsk Regional Court overturned the decision to recover damages. Then the woman appealed to the Supreme Court of the Russian Federation.

Instruction:

What should a patient with primary immunodeficiency do if the doctor does not write a preferential prescription?

The Supreme Court overturned the appeal decision and outlined the procedure if the pharmacy did not have the right medicine for the beneficiaries. In particular, the pharmacist is obliged to register him and guarantee the necessary medicine within 10 days, and in urgent cases, do this within 48 hours. If possible, the desired drug can be replaced with a generic drug.

The pharmacy must inform the supplier if the required medicine is not available. At the same time, the pharmacy does not have the right to ask to withdraw a prescription for a medicine, citing the fact that its stocks have run out.

Good afternoon.

1. To obtain preferential medicines at a pharmacy, you must write a prescription for them from a local doctor. The basis for issuing a prescription is a written recommendation (extract) received in a specialized medical institution where the patient is observed for his underlying disease.
2. The local doctor may refuse to issue a prescription due to the lack of this drug in the pharmacy. This refusal is illegal, because even if the drug is not currently in the pharmacy, upon receipt of the prescription, the pharmacy is obliged to purchase the drug specified in the prescription within ten days. If there is no prescription - accordingly, the pharmacy is not obliged to ANYTHING, and you will never see the medicine. Therefore, it is necessary to “remind” the local doctor about this and continue to insist on a prescription. 3. If the doctor continues to refuse to issue a prescription, demand it and write it down on the card: “the prescription was not issued due to the lack of medicine in the pharmacy.” He cannot write such a thing, so he will either write out a prescription or refuse to write it down on the card that he did not write it out. In this case, it is necessary that the doctor MUST make an entry in the card that the patient on such and such a date was at the reception and was examined by a doctor on such and such (he will not be able to refuse this).
4. Immediately upon leaving the doctor’s office, write in 2 copies a complaint addressed to the head physician of the polyclinic with approximately the following content: “To the head physician of such and such from such and such ... Please explain on what basis the therapist such and such refused to write me a prescription for medicine (name) necessary for me according to vital indications. I consider this refusal illegal on the basis of the Order of the Ministry of Health and social development RF dated February 12, 2007 N 110, Decree of the Government of the Russian Federation dated July 30, 1994 No. 890 ...
5. Give one copy of the letter to the secretary of the head physician, ask the secretary to put a stamp on the second copy.
6. If the secretary refuses to accept the complaint, you need to send it by mail - registered mail with a list of attachments and acknowledgment of receipt. The inventory will be given in two copies, one to be placed in the letter, the second to be pasted to the copy of the complaint kept at your home. There also attach a receipt for payment of a registered letter and a notice of receipt of a complaint with the signature of the secretary of the head physician. 7. In the future, act depending on the reaction of the head physician. He may offer to negotiate verbally, but you must insist on a written response. After that, a prescription for the medicine is usually given.
8. If unsubscribes begin (forbidden to write out this medicine in the Department of Health, there is no money in the budget, etc.), then you need to contact the prosecutor's office, the regional Ministry of Health, Roszdravnadzor (you can go to 3 of these places at once). Send there COPIES (not originals) of all documents (your complaint, postal documents - an inventory of attachments, a receipt, delivery of a notification; answers from the head physician). If there was no answer from the head physician, you can safely complain to the prosecutor's office. Usually, after a complaint to the prosecutor's office, doctors themselves call home and ask when it is convenient for you to come for a prescription.

Need to put a prescription for deferred maintenance at the pharmacy. There it must be registered in the register of unsatisfied demand. Such a magazine should be in every pharmacy that dispenses medicines on preferential prescriptions.

If the prescription is registered in the register of unmet demand, it should not be left at the pharmacy. The patient takes it with him, but it must be marked with acceptance for service: date of registration, pharmacy number, pharmacist's signature.

After registering the prescription, the pharmacy must form an application for the drug to the pharmaceutical company authorized for the supply of subsidized drugs in the region and provide the drug to the patient within 10-15 days.

The patient himself can call the pharmaceutical company that supplies subsidized medicines to the region and find out if there is required drug when it will be delivered to the pharmacy, for what reason it is not available. You can also notify the company that a prescription has been accepted for deferred service at a certain pharmacy (the pharmacy may not notify the company about the deferred prescription). The phone number of the pharmaceutical company can be found at the pharmacy.

If 16 days have passed and the drug has not yet arrived at the pharmacy, you need to write a complaint to the authorized pharmaceutical company that you have not received free medicine.

You need to wait for a response, which may indicate that the Ministry of Health did not conduct scheduled tenders for the purchase of medicines or the medicine was not indicated in the specification for public procurement. The answer of the company will be the basis for going to court - based on the content of the answer, the defendant is determined: the Ministry of Health and Social Development, a pharmacy, a pharmaceutical company, etc.

A medicine given to a patient free of charge on a preferential prescription can be purchased at your own expense, and then you can demand payment of compensation from the pharmacy. To do this, you need to write a claim to the pharmacy with a request to compensate for the costs. If the pharmacy does not reimburse the money spent, you can go to court.

The court may dismiss a claim for compensation Money if the drug is self-purchased and the prescription has not been put on deferred maintenance.

Recently, on the Internet, I came across interesting information on how to get from a black sheep Russian healthcare tuft of wool free medicines assigned to you by law. Having slightly edited the text for better readability and inserted links, I post it here as a guide to action.
I must say that I admire the active citizenship of the author of the text. I myself, having medical education and a similar vision of the situation, however, did not know everything that the author writes about. Although this is not the first day I have been living in Russia, and to the best of my ability I am trying to beat the dust out of domestic healthcare. Nails would be made of these people!
If all our citizens were so active, we could have the present, i.e. health care for citizens.
In the meantime, what citizens ...
So, the text itself:

Hello. The disabled person 3 gr. and a child with a childhood disability. I am very familiar with the healthcare system and with all government agencies in general - due to my stubborn nature and desire to achieve my goal, I had to fight a lot, which I still do to this day. Regarding the lack of medicines in pharmacies, I can say the following.

1. See your medicine according to the list of DLO [List of drugs, including a list of drugs prescribed by decision of the medical commission of medical institutions, which is provided in accordance with the standards of medical care for the prescription of the doctor (paramedic) in the provision of state social assistance IN THE FORM OF A SET OF SOCIAL SERVICES] (you need to search not by the brand name, but by the active substance). Even if your active substance is not available, they must prescribe a drug with a different active substance of the same group (for example, nimesulide (Nise) as an anti-inflammatory nonsteroidal agent can be replaced with meloxicam, diclofenac, ketoprfen, etc.).

2. Demand (do not ask, but demand!) Your doctor to write you a prescription for a drug at a reduced price, even if he says that he cannot prescribe because he is not in the pharmacy. He must do it!!! In case of refusal, call the regional health department with a complaint (you should not call the city administration - as a rule, such a situation exists with their knowledge). Say that if no action is taken, send a complaint by registered mail (an oral appeal can be ignored, but written appeals by registered mail are all registered and have legal force even in court).

3. When you get your prescriptions, you go to the pharmacy and if they tell you there are no drugs, then you MUST be put on deferred maintenance by registering in a special register. This rule is valid for all regions (the basis is the ORDER dated December 14, 2005 N 785 "ON THE PROCEDURE FOR THE DISPENSING OF MEDICINES"). The pharmacy is obliged to provide you with the medicine no later than 15 days, and even if the prescription is expired at the time the medicine appears, you should not reissue it.

4. If you need medicines urgently and you can't wait, buy medicines with your own money and keep receipts so that your insurance company that issued your medical policy will pay for them later. Please note that this applies to drugs that are on the benefit list. In addition, the medicines purchased must be recorded on the card, and not on a piece of paper by hand, since the insurance company may require an extract from the card (whether the doctor really prescribed them and when).

Do not forget that Russia is not a legal state and people have never been considered here. Living in Russia means surviving and proving to all officials that you are also a person and that you also have rights. Do not be afraid to show your teeth to officials - every bull has its own tin can! (IMG: style_emoticons/default/wink.gif) In practice, I can say that when they see a supple person in front of them, they sit on their heads. Always demand, backing up your demands with legal grounds (in the age of the Internet, you don’t have to be a lawyer to find out your rights, just type the question you are interested in and read a little in the search)
Good luck and health in the fight against the state. mafia, which has no human principles!