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Diets 27.05.2019

The contract for the provision of paid medical services refers to paid contracts of a civil law nature, as expressly stated in paragraph 2 of Art. 779 of the Civil Code of the Russian Federation. Thus, it carries in its structure the main features inherent in any other contract for the provision of services. We understand the features of drawing up a contract for the provision of paid medical services in the article.

The contract for the provision of paid medical services as a paid contract of a civil law nature

Art. 9 of the Federal Law "On the Enactment of Part Two of the Civil Code Russian Federation establishes a general rule for all types of civil law contracts.

Use in your work a sample contract for the provision of paid medical services. The download is available to registered users.

According to it, in cases where one of the parties to the obligation is a citizen using, acquiring, ordering or intending to purchase or order goods (works, services) for personal household needs, such a citizen enjoys the rights of a party to the obligation in accordance with the Civil Code of the Russian Federation , as well as the rights granted to him by the Law "On Protection of Consumer Rights" and other legal acts issued in accordance with it.

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Contract for the provision of paid medical services - parties to the contract

The main requirements for the Contract of paid medical services (a sample can be downloaded above) are contained in the Rules for the provision of paid medical services by medical organizations dated 04.10.2012 No. 1006 approved by the Government of the Russian Federation.

An agreement for the provision of paid medical services between a medical institution and a patient is concluded in writing (clause 16 of the Rules). The parties to the PMU Agreement include:

medical organization licensed for the relevant type of activity (executor)
consumer (patient) - an individual who directly receives (intends to receive) a medical service.

Also, a customer can act as a party to the contract - an individual or legal entity ordering / paying for a service for a consumer (for example, in the case of receiving a paid medical service by a minor or incapacitated).

Requirements for the execution and content of the contract for the provision of paid medical services by a medical organization

The rules state that each party must receive a copy of the agreement. The presence of signatures of all counterparties in the document is mandatory (clauses 17, 18 of the Rules). That is, according to paragraph 4 of Art. 434 of the Civil Code of the Russian Federation, an agreement for the provision of paid medical services is drawn up as a document signed by all its participants.

However, the jurisprudence contains a different conclusion. So, for example, the requirement to have the number of copies of the agreement according to the number of participants does not indicate the obligation to draw up this agreement as one document signed by the parties. In particular, the written form of the contract is considered to be complied with in case of acceptance of a public offer by signing by the patient (legal representative for a minor and / or incapacitated citizen) an application (decree of the 9th AAC dated 01/23/2017 in case No. A40-139802 / 2016).

Given that the contract for the provision paid medical services is paid, one party (executor) undertakes to provide the other party (customer) with the services specified in the contract, and the second party undertakes to pay for these services. The terms, place of service provision and payment procedure are also stipulated in the relevant clauses of the contract. It also specifies the duration of the contract.

Prior to the entry into force of the Rules (until 01.01.2013), which fixed the written form of the contract for paid medical services, there was arbitrage practice with the opposite position: in relation to the performer - individual entrepreneur– an oral form of a transaction for the provision of medical services was allowed (decision of the Arbitration Court of the Republic of Komi dated February 25, 2013 in case No. A29-10947 / 2012).

The contract for the provision of paid medical services by a medical organization must also include the following items (clause 17 of the Rules):

Regarding the performer:

name of the medical institution (organization providing medical services to the population), its location, data of the document on registration in the Unified State Register of Legal Entities and information about the registering authority - for the organization;
Full name, address of the place of residence and address of the place of business, data of the document on registration in the USRIP - for an individual entrepreneur;
information about the license to carry out activities, indicating the list of services and data of the licensing authority.

Regarding the customer:

individual and consumer: full name, address, telephone
legal entity: full name, details and legal address.

Mandatory clauses of the contract for paid medical services

Also, the PMU Agreement must contain the following items:

The list of specific services provided in accordance with the contract, the conditions and terms of their provision. As a rule, the contract is drawn up in a standard form, and the terms for the provision of services, their complete list is drawn up in a separate document (for example, an application for the provision of services, an additional agreement or other document), which is an integral part of the contract. In this case, a reference to such a document is required in the text of the contract.

As a rule, the clauses of the contract in this case look like this: “The list of services to be provided by the Contractor is determined by the Patient (Legal representative) independently in accordance with the “Price List of Medical Services” and is indicated in [here should be the name of the document that specifies the list of services and their price - “Document”], which are drawn up at each request of the Patient for the provision of medical services. [Document] is an integral part of the Agreement. The terms for the provision of medical services are provided for by the “Price List of Medical Services” valid at the time of the conclusion of the Agreement and ordering services and are reflected in the [Document]”.

The cost of services, the procedure and terms of payment. As a rule, the procedure for paying for the services rendered is specified in the contract, and the actual amount payable is entered in a separate document (see the previous paragraph).
Terms of liability, modification and termination of the transaction, given by the representatives of the contractor signing the agreement.

Given that, according to paragraph 4 of Art. 421 of the Civil Code of the Russian Federation, the terms of the agreement are determined by agreement of the parties, other requirements that do not contradict the current legislation may be introduced into the PMU Agreement. However, as practice shows, citizens do not use this right, agreeing to the terms of a standard contract adopted by a particular medical organization.

Violations for which the performer is responsible

Worth paying Special attention to the fact that the absence in the contract of paid medical services of any of the mandatory conditions provided for by the Rules and the Civil Code is an administrative violation under Art. 14.4 of the Code of Administrative Offenses of the Russian Federation. This is the sale of goods, the performance of work or the provision of services to the population of inadequate quality or in violation of the requirements established by the legislation of the Russian Federation (decree of the 11th AAC of 07/21/2015 in case No. A65-6484 / 2015).

These actions entail the imposition of an administrative fine on the legal entity in the amount of 20,000 to 30,000 rubles.

It is unlawful to include in the agreement conditions that infringe on the rights of the consumer (part 2 of article 14.8 of the Code of Administrative Offenses of the Russian Federation, resolution of the 13th AAS dated December 12, 2016 in case No. A26-5443 / 2016), or a violation of the consumer's rights to receive the necessary and reliable information about sold goods (work, service).

In addition, in the Russian Federation there is a program of State guarantees and other Programs and Standards, according to which a citizen is guaranteed to receive a certain amount of medical care (services) free of charge (at the expense of compulsory medical insurance). Thus, the receipt of a service on a reimbursable basis, if it can be received by the patient free of charge, must be voluntary and conscious.

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The inclusion in the contract of paid medical services of a clause that the customer/consumer is informed that a specific medical service can be received by him under the State Guarantees Program free of charge is highly desirable for inclusion in the PMU Contract. As a rule, this item refers to the section "Responsibilities of the performer." It is written in the document as follows: “The Contractor is obliged to provide the Patient with free, accessible and reliable information about paid medical services, containing information about the Program of State Guarantees of Free Provision of Medical Care to Citizens and the Territorial Program of State Guarantees of Free Provision of Medical Care to Citizens; on the Procedure for the Provision of Medical Assistance and the Standards of Medical Assistance Used in the Provision of Paid Medical Services.

Inform the customer that a specific medical service can be obtained under the CHI program if the clinic is included in this program.

It should be noted that the consumer has the right to choose the service provider. This norm is enshrined both in the Law on the Fundamentals of Protecting the Health of Citizens in the Russian Federation and in the Law on the Protection of Consumer Rights. Thus, for inclusion in the contract of paid medical services, the obligation of the Contractor to provide reliable information is indispensable "about a specific medical worker providing medical services under the Contract, his qualifications, mode of work."

The Contractor is obliged to inform the Consumer "about the methods of providing a medical service associated with it, the risks of possible types of medical intervention and the expected results of the medical service, other information and information in accordance with the current Russian legislation in the direction."

The information listed in the above paragraphs regarding the risks and methods of providing services, guarantee programs for understanding requires special knowledge. Therefore, in practice, after a conversation with the attending physician (in this case- the representative of the Contractor responsible for the provision of the service), the patient signs the appropriate document, which indicates that he (the patient) had the opportunity to ask any questions of interest to him and received comprehensive answers to them in an accessible form.

As a rule, such a document is called "Informed voluntary consent to medical intervention", and its main attributes are specified in Art. 20 of the Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation". Such consent is preliminary, that is, it is signed by the patient before the counterparties begin to fulfill their obligations under the contract for paid medical services.

On confidentiality in the contract for the provision of paid medical services to individuals and legal entities

Information about any request for medical care, the nature of the disease and treatment, other information related to the patient's health and becoming known to the Contractor in the course of concluding and executing a contract for the provision of paid medical services to individuals and legal entities, they constitute a medical secret. In accordance with Art. 13 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”, disclosure of medical confidentiality is allowed only with the written consent of the patient or in other cases, an exhaustive list of which is available in paragraph 4 of this article.

In view of the foregoing, the inclusion in the PMU Agreement of a clause on the observance of medical secrecy is not necessary, since such observance is stipulated by law, but it is desirable. For example, in the “Confidentiality” section, it is additionally worth paying attention to the following paragraph: “the information contained in medical documents of the Patient, may be provided by the Contractor without the consent of the Patient only on the grounds provided for by the current legislation of the Russian Federation.

Law on the protection of consumer rights in relation to the contract for the provision of paid medical services

Taking into account that according to the Federal Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation", a patient who applied for medical care nevertheless receives a medical service (clauses 3-4 of article 2 of the said law), that is, he is a consumer, it should be said that the norms of the Law on the Protection of Consumer Rights apply to legal relations under the Contract for Paid Medical Services.

So, when making an agreement, the clinic must provide the patient with information about himself in accordance with the Rules. This is, among other things, information about the license and the general list of services provided with prices and terms of their provision. As a rule, these documents are very voluminous and their application to the contract is difficult. Rospotrebnadzor, in its letter dated 03/08/2016, explained that copies of the license and all price list the contractor should not be attached to the contract. As a rule, these documents are freely available in institutions and anyone can familiarize themselves with them.

In addition, the contract for the provision of paid medical services is public (Article 426 of the Civil Code of the Russian Federation). Therefore, the price of services for all consumers should be the same. An unmotivated refusal of the contractor to execute a transaction with a citizen is also prohibited. Failure to conclude an agreement with a patient if the contractor has the opportunity to provide a service is considered as administrative offense under Art. 14.4 of the Code of Administrative Offenses of the Russian Federation.

As a rule, a medical organization draws up a standard contract for the provision of a medical service that contains the items listed above, and the actual services paid by the customer, as well as their total cost, are listed in an annex to the contract. In the same applications, as a rule, the terms for the performance of services are also reflected.

What is "medical services of inadequate quality"

Particular attention should be paid to such a concept, provided for by the Consumer Protection Law, as “medical services of inadequate quality”. In accordance with Art. 4 of the Law "On Protection of Consumer Rights" the consumer has the right to provide medical services of adequate quality. Clause 1 of this article states that the quality of goods, works or services must comply with the contract. If the terms of quality are not regulated in the contract, it (quality) must comply with the usual requirements for services of this kind (clause 2, article 4 of the Law).

Unfortunately, the Rules do not contain criteria that determine the quality of a medical service, and this vague wording does not make it possible to unambiguously say whether medical services meet the usual requirements, since such requirements do not actually exist.

To some extent, the issue of the quality of medical services is resolved in clause 5 of the Rules, which explains that medical services must comply with the diagnostic and treatment methods used in the territory of the Russian Federation. As a rule, experts are involved in the role of arbitrators in disputable situations, who rely on the relevant Clinical recommendations (a collection of algorithms for diagnosis and treatment) for a certain group of diseases. However, the issue of the quality of medical services is currently not fully regulated by law and judicial practice on this issue is ambiguous.

Safety of medical services

Article 7 of the Law "On Protection of Consumer Rights" provides for the right of consumers to the safety of medical services. In accordance with this provision, the consumer of medical services must be informed about the presence of contraindications for the use of medicines, medical devices or certain methods of diagnosis and treatment. Such information must be preliminary, that is, the relevant information must be communicated to the consumer before the provision of the relevant medical services, since the decision on whether to give consent to the relevant medical intervention or not depends on this.

As a rule, these points for ensuring the safety of medical services are stipulated in separate documents not related to the PMU Agreement. These are, for example, Informed voluntary consent to medical intervention and refusal of medical intervention (Article 20 of the Federal Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation").

In the PMU Agreement, in the section “Patient Responsibilities”, it is desirable to include the following paragraph “The patient is obliged to inform the authorized medical worker of the Contractor about diseases, contraindications to taking any medications or procedures, allergic reactions known to him, and report any changes in his state of health. The patient is also obliged to comply with all requirements, recommendations of the Contractor's medical staff, including for the agreed period after the provision of medical services.. AT last case such recommendations are drawn up in the form of a discharge summary or other document, which specifies the recommendations themselves and the terms for their observance.

In addition, it should be taken into account that the medical service has a very changeable substance - human health, the change of which is influenced by many factors in a complex way. Therefore, it is necessary to take into account this influence in order to achieve the optimal result and, if possible, neutralize their negative influence.

From the point of view of medicine, the patient himself plays a huge role in this process. And to ensure the safety of the provision of medical services, it is good for the Contractor to insure with a clause in the contract as follows: “The patient confirms that he was notified by the Contractor that non-compliance with the instructions (recommendations) of the Contractor (medical worker), including the prescribed treatment regimen, may reduce the quality of the provided medical service, entail the impossibility of completing it on time or adversely affect the Patient's health status, as well as the quality of medical services.

In view of the foregoing, the PMU Agreement often includes a clause that relieves the contractor of liability in the event of incomplete or inaccurate indication by the customer/consumer of information about himself.

Example: “The signing of this Agreement by the Patient indicates that the Patient has received from the Contractor complete, known to the latter, information about his state of health, the presence of a disease, diagnosis, method of treatment, risks associated with it, options medical intervention, their consequences, the results of treatment, diagnosis. By signing this agreement, the Patient undertakes to inform the Contractor of all reliable information known to the Patient about the state of his health, to fully and truthfully answer the questions of the Contractor's representatives regarding the Patient's health. Judicial practice on this issue, unfortunately, is currently insufficiently formed.

Errors in the contract for the provision of medical services

Let's analyze the most common mistakes that occur in the contract for the provision of paid medical services.

The contract does not specify the period for the provision of medical services

Often there is a substitution of terms - the time of rendering medical services both the term of the contract and the clinic believe that the latter can be limited. Meanwhile, according to the requirements of the law, it is necessary to designate exactly the period for the provision of medical services (subparagraph “e” of paragraph 17 of the Rules for the provision of paid medical services by medical organizations, approved by Government Decree No. 1006 of 04.10.2012).

Note that there is no information in the legislation on how to designate these terms in the document. You can go two ways:

The period for the provision of medical services is prescribed directly in the contract. This option is suitable if a new contract is created with a client for each service. Although situations of this kind are not common, especially if the client came to a multidisciplinary center for two or three services;
Conclude a framework agreement, and indicate the required list of services, their cost and time in the accompanying documents - annexes.

The document sometimes contains the item "The list, time and cost of medical services provided are approved by the parties in the treatment plan." If there is such a clause, a treatment plan must be included in the contract for the provision of medical services. Make it in several copies - for the clinic, the patient and the customer, if it is concluded by a third party.

List of medical services not specified

Some multidisciplinary centers indicate in the contract for the provision of paid medical services that assistance will be provided to him in accordance with the types of activities from the license. However, in many cases, the patient will not receive all the services listed in the clinic's license. Legislatively, the contract must include a list of services individually for each patient (subclause “c”, clause 17 of Regulation No. 1006). This can be done not only in the contract for the provision of paid medical services, but also in the annex to the document.

In the absence of a list of services in the contract, the client of the clinic may report that the contract has no legal force. In fact, he has the right to demand the money back. At the same time, the client does not need to refute the entire document, it is enough to state that a number of services are not agreed with him, which means that he is not obliged to pay for them.

The contract for the provision of paid medical services includes a specific court to resolve disputes

The clinic makes a provision in the contract for the provision of paid medical services, according to which any disputes under this contract will be considered in court according to location of the clinic. Often such an item is included if the patient is not local, and the medical institution does not plan additional expenses for the court. Accordingly, when signing the paper, the representative of the clinic can submit everything so that the client himself agreed to change the jurisdiction.

However, jurisprudence proves the right to choose a court for the client, even if he signed the agreement under the reverse approval (part 7 of article 29 of the Code of Civil Procedure, article 17 of the Law of 07.02.1992 No. 2300-1 "On Protection of Consumer Rights") .

If the contract contains a clause on jurisdiction, the clinic faces administrative liability.

Important information is missing from the health care contract

The document should include not only data on the time, the list of services and their cost. Mandatory requirements - entering into the contract for the provision of medical care information about the medical organization, the client and the customer, if any. In addition, if the clinic operates in CHI system, you need to indicate in the contract that you informed the patient about the option of receiving free medical care.

So, what should be included in the contract for the provision of medical care:

name and company name (if any);
address of the location of the clinic;
information of the document confirming the fact of entering information about the legal entity in the Unified State Register of Legal Entities, and the body that registered the medical company;
the number of the license for medical activities, the date of its registration, indicating the list of works (services) constituting the medical activities under the license;
name, location address and telephone number of the licensing authority that issued the license.

Inclusion in the contract of the patient's consent to data processing

Sometimes the clinic includes a clause on consent to the processing of personal data in the contract for paid medical services. The reason is the reduction in the volume of documents that need to be given to the client for signature. However, a significant point is not taken into account here - consent to the processing of personal data is legally enshrined as a patient's right. It is impossible to impute this as a duty, respectively, and also include it in the contract (Article 9 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”).

Consent to the processing of personal data is a separate document. However, if the patient does not sign it, the clinic retains the right to process the data required to fulfill the terms of the contract for paid medical services (clause 5, part 1, article 6 of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data" ). However, this information may not be used for marketing purposes. Break this law - expect claims not only from the patient himself, but also from the inspectors of Roskomnadzor and Roszdravnadzor.

Restriction of the patient's right to withdraw from the contract

Medical organizations include in the contract with the patient a clause stating that they can fully or partially withhold the advance payment if the client refuses services. Also, the document can be supplemented with the condition that the cancellation of the contract is permissible only before the start of the provision of the service. Meanwhile, the patient has the right to cancel the contract at any time (part 1 of article 782 of the Civil Code, article 32 of the Consumer Rights Protection Law). He will have to compensate only the amount that is associated with the actual expenses of the medical institution.

Each patient has their own compensation amount. It is formed from those costs that arose before the client refused medical care. In the absence of actual expenses, the clinic will have to return the prepayment.

Lack of information about the likely consequences

Once a patient has signed an informed voluntary consent, the clinic believes they have all the information they can about the service. For example, if the patient does not follow the doctor's prescriptions, the result of treatment may be of less quality. However, the IDS is signed after the signing of the contract for the provision of medical services and does not replace the contract. A notice of the consequences of non-compliance with the doctor's instructions must be in paper form and signed by the client.

The agreement can be made a separate document and given to the patient for signature before the conclusion of the contract. It can also be included in the contract for the provision of paid medical services. The main thing is to keep the entire text of clause 15 of Regulation No. 1006, retaining the volume and original wording: “The contractor notifies the consumer (customer) in writing that non-compliance with the instructions (recommendations) of the contractor (medical worker providing paid medical services), including including the prescribed treatment regimen, may reduce the quality of the provided paid medical service, lead to the impossibility of its completion on time or adversely affect the health of the consumer.

The notice must be included in the contract before the block with the signature of the parties. If you add text after the signatures, representatives of Rospotrebnadzor will consider that the client was informed only after the conclusion of the contract.

Treaty

on the provision of medical services

Date of conclusion of the contract ___________

Place of conclusion of the contract __________

Hereinafter referred to as "Patient",

date of birth - "__" __________ ____, passport series _____ N _____________

issued by ___________________________ "__" ___________ ____ g. __________,

registered ___ at: ____________________________________________

On the one hand, and

"______________________________", hereinafter referred to as "Contractor",

represented by ____________________, acting on the basis of _____________________

__________________________________________________________________________,

on the other hand, together also referred to as the "Parties", have entered into this

Agreement as follows:

TERMS USED IN THIS AGREEMENT

For the purposes of this Agreement, the following basic concepts are used:

paid medical services - medical services provided on a reimbursable basis at the expense of personal funds of citizens, funds legal entities and other funds on the basis of contracts, including voluntary medical insurance contracts;

patient - an individual who intends to receive or receives paid medical services personally in accordance with the contract. A consumer receiving paid medical services is a patient who is subject to the Federal Law of November 21, 2011 N 323-FZ “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”;

executor - a medical organization providing paid medical services to consumers (patients).

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor, on the basis of the Patient's request, undertakes to provide himmedical services for __________ (hereinafter referred to as "medical services"), and the Patient pays the Contractorremuneration in the amount, manner and terms established by thisAgreement.

1.2. The Contractor provides services at its location at the following address:__________ in accordance with the established Rulesprovision of medical services (Appendix N 1).

If it is necessary to travel to another address, all expenses of the Contractorpaid by the Patient based on __________ .

1.3. The patient was diagnosed __________ (Artist or nameother medical organization)

1.4. The patient chose a treatment option from the following optionsoptions for medical services (treatment):

1.4.1. __________ (type of medical services, outcome, all possible negativeconsequences, contraindications for use)

1.5. Medical services must be provided in accordance with the requirements of the current legislation of the Russian Federation, including those required for the quality of medical services.

1.6. The Patient's medical record dated "__" ___________ ____, N _____ indicates all his wishes, complaints, diagnosis, proposed treatment options and the option chosen by the Patient. The specified information must be signed by the Patient, the attending physician (other specialist), the date of making the entry and the contract number.

Option: 1.7. The patient also has the right to receive paid non-medical services (option: household, service, transport and other services) provided by the Contractor in addition to the provision of medical services.

1.8. The terms for the provision of medical services provided for in clause 1.1 of this Agreement are defined in the Plan for the provision of medical services, which is an integral part of this Agreement (Appendix No. 4).

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.1. Provide the Patient with free, accessible and reliable information about paid medical services, containing the following information about:

a) the procedure for providing medical care and the standards of medical care used in the provision of paid medical services;

b) data on a specific medical worker providing the relevant paid medical service (his vocational education and qualifications);

c) information about the methods of providing medical care, the risks associated with them, possible types of medical intervention, their consequences and the expected results of the provision of medical care;

d) other information related to the subject of this Agreement.

2.1.2. Provide the Patient with the services provided for in clause 1.1 of thisof the Agreement, and, if necessary, additional services in accordance withrequirements __________ (indicate standards and requirements for medical serviceson the territory of the Russian Federation)

2.1.3. Provide the Patient with a list of their employees with special education and professional skills, for familiarization and assignment of specialists and / or the attending physician who will provide medical services to the Patient.

2.1.4. Do not transfer or show to third parties the documentation about the Patient held by the Contractor.

2.1.5. To cooperate in the provision of services under this Agreement with other medical institutions and specialists.

2.1.6. Before the _____ day of each month, submit to the Patient monthly (quarterly) written reports on the progress of the provision of services under this Agreement.

2.1.7. Provide the Patient with materials and conclusions on the progress of the provision of services in printed form.

2.1.8. Provide, if necessary, at the request of the Patient, explanations about the progress of the provision of services to him and interested parties including government and judicial authorities.

2.1.9. Provide in an accessible form information on the possibility of obtaining the appropriate types and volumes of medical care without charging a fee under the Program of State Guarantees of Free Provision of Medical Assistance to Citizens and the Territorial Program of State Guarantees of Free Provision of Medical Assistance to Citizens.

2.1.10. Present for review at the request of the Patient:

a) a copy of the constituent document of the Contractor, regulations on its branch (department, other territorially separate structural unit) involved in the provision of paid medical services;

b) a copy of the license to carry out medical activities with the List of works (services) constituting the medical activities of the Contractor in accordance with this license.

2.1.11. Comply with the procedures for providing medical care approved by the Ministry of Health of the Russian Federation.

2.2. The patient undertakes:

2.2.1. Comply with the Rules for the provision of medical services by the Contractor (Appendix N 1).

2.2.2. At the Contractor's request, submit to him Required documents and materials provided for by the List of submitted documents and materials (Appendix No. 2).

2.2.3. Pay for the services of the Contractor in the manner, terms and conditions established by this Agreement.

2.2.4. Sign timely reports (acts) on the provision of services by the Contractor (Appendix N 3).

2.2.5. In addition, the Patient must:

- inform the doctor about past diseases, allergic reactions known to him, contraindications;

— observe the rules of behavior of patients in a medical institution, the mode of operation of a medical institution;

- follow all recommendations of medical personnel and third parties providing medical services to him under this Agreement, on treatment, including following the instructions of the medical institution prescribed for the period after the provision of services.

2.3. The performer has the right:

2.3.1. Receive from the Patient any information necessary to fulfill its obligations under this Agreement. In case of failure to provide or incomplete or incorrect provision of information by the Patient, the Contractor has the right to suspend the performance of its obligations under this Agreement until the necessary information is provided.

2.3.2. Require the Patient to comply with the Rules for the provision of medical services.

2.3.3. Receive remuneration for the provision of services under this Agreement.

2.4. The patient has the right:

2.4.1. Receive services from the Contractor in accordance with clause 1.1 of this Agreement.

2.4.2. Submit claims for compensation for losses caused by non-performance or improper performance of the terms of the Agreement, compensation for damage in case of harm to health and life, as well as compensation for moral damage in accordance with the legislation of the Russian Federation and the Rules for the provision of paid medical services by medical organizations.

2.5. Provision by the Contractor additional services is drawn up by an additional agreement of the Parties and is paid additionally.

2.6. Prior to the conclusion of this Agreement, the Contractor shall notify the Patient in writing that non-compliance with the instructions (recommendations) of the Contractor (health worker working for him), including the prescribed treatment regimen, may reduce the quality of the paid medical service provided, entail the impossibility of completing it in term or adversely affect the health of the Patient.

2.7. The Parties undertake to keep confidential medical, financial and other confidential information received from the other Party in the course of the execution of this Agreement.

3. PROCEDURE FOR THE PERFORMANCE OF THE CONTRACT

3.1. Conditions for the Patient to receive medical services: __________ (options: outside a medical organization; outpatient; in a day hospital;stationary; specify organizational issues relatedwith medical services)

3.2. The Contractor monthly (quarterly) submits to the Patient written reports (acts) on the progress of the provision of services under this Agreement.

3.3. The reports (acts) on the provision of services signed by the Parties are confirmation of the provision of services by the Contractor to the Patient.

3.4. Reports (acts) are submitted by the Contractor before the _____ day of the month following the reporting period.

3.5. The Patient undertakes to consider and sign the reports (acts) submitted by the Contractor within _____ days from the date of their receipt, provided that the Patient does not have any comments on the services provided by the Contractor.

If there are comments on the services provided by the Contractor, the Patient indicates this in the report (act) and, after the Contractor eliminates all identified comments, signs the report (act) and transfers one copy to the Contractor.

3.6. When providing services not specified in the list, in accordance with the additional agreement provided for in clause 2.5 of this Agreement, the Contractor shall submit to the Patient an additional report (act) (Appendix N 3), which, after signing by the Parties, is a confirmation of the provision of additional services by the Contractor to the Patient.

3.7. If the provision of paid medical services requires the provision of additional medical services on a reimbursable basis that are not provided for in this Agreement, the Contractor is obliged to notify the Patient about this.

Without the consent of the Patient, the Contractor is not entitled to provide additional medical services on a reimbursable basis.

3.8. If the provision of paid medical services requires the provision of additional medical services for emergency reasons to eliminate the threat to the life of the Patient in case of sudden acute diseases, conditions, exacerbations of chronic diseases, such medical services are provided free of charge in accordance with Federal Law No. 323 of November 21, 2011 -FZ "On the basics of protecting the health of citizens in the Russian Federation".

3.9. If the Patient refuses to receive medical services after the conclusion of the Agreement, the Agreement is terminated. In this case, the Patient pays the Contractor for the expenses actually incurred by the Contractor related to the fulfillment of obligations under the Agreement.

3.10. The provisions of the Law of the Russian Federation of 07.02.1992 N 2300-1 “On Protection of Consumer Rights” apply to relations related to the execution of this Agreement.

4. PROCEDURE FOR PAYMENT

4.1. The cost of medical services is _____ (___________) rubles,

including:

4.1.1. Cost of a single procedure __________ (name of procedure) _____ (__________) rubles.

Payment period: _______________.

4.2. Reimbursable expenses of the Contractor for _ __________ (drugsand other expenses)amount to _____ (__________) rubles.

Payment terms: advance payment ______________, the remaining amount ____________.

4.3. The Contractor's remuneration includes the cost of services specified in clause 4.1 of this Agreement, as well as the compensated expenses of the Contractor specified in clause 4.2 of this Contract, and amounts to _______ (______) rubles.

4.4. The remuneration is paid by transferring the amount specified in clause 4.3 of this Agreement to the Contractor's settlement account or by depositing it into the Contractor's cash desk.

The patient, in accordance with the legislation of the Russian Federation, is issued a document confirming the payment for the provided medical services (cash receipt, receipt or other documents).

4.5. Payment date Money the day of crediting funds to the settlement account of the Contractor or the day of depositing funds to the cash desk of the Contractor is considered.

4.6. Additional services are paid on the basis of a report (act) on the services provided within _______ (__________) days from the date of its execution by the Parties.

4.7. In case of non-provision, provision of services of inadequate quality and on other grounds for the return of funds, the Contractor returns the money to the Patient and pays compensation within _____ (__________) days from the date of the request by the Patient.

5. RESPONSIBILITIES OF THE PARTIES

5.1. The Contractor shall be liable to the Patient for non-fulfillment or improper fulfillment of the terms of this Agreement, non-compliance with the requirements for methods of diagnosis, prevention and treatment permitted in the territory of the Russian Federation, as well as in case of harm to the health and life of the Patient.

5.2. If the Contractor fails to comply with the obligations on the terms of the provision of services, the Patient has the right, at his choice:

- appoint new term provision of a service;

— demand a reduction in the cost of the service provided;

- require the performance of the service by another specialist;

- terminate this Agreement and claim damages.

5.3. Violation of the terms established by this Agreement for the performance of services must be accompanied by the payment of a penalty to the Patient in the manner and amount determined by the Law of the Russian Federation of 07.02. services, the term of which is violated by the Contractor).

5.4. By agreement (agreement) of the Parties, the penalty specified in clause 5.3 of this Agreement may be paid by reducing the cost of the medical service provided, providing the Patient with additional services without payment, returning part of the advance paid earlier.

5.5. None of the Parties will be liable for the full or partial failure to fulfill their obligations, if the failure is the result of circumstances force majeure, such as fire, flood, earthquake, strikes and other natural disasters, war and hostilities or other circumstances beyond the control of the Parties that impede the implementation of this Agreement that arose after the conclusion of the Agreement, as well as on other grounds provided by law.

If any of these circumstances directly affected the failure to fulfill the obligation within the period specified in the Agreement, then this period is proportionally postponed for the duration of the relevant circumstance.

5.6. The Party for which it has become impossible to fulfill obligations under the Agreement is obliged, no later than _____ (__________) days from the moment of their occurrence and termination, to notify the other Party in writing of the occurrence, expected duration and termination of the above circumstances.

5.7. The harm caused to the life or health of the Patient as a result of the provision of low-quality paid medical services is subject to compensation by the Contractor in accordance with the legislation of the Russian Federation.

5.8. The Contractor and its employees providing services under this Agreement shall be liable in accordance with the legislation of the Russian Federation for violation of rights in the field of health protection, causing harm to life and (or) health when providing medical care to the Patient.

6. PROCEDURE FOR RESOLUTION OF DISPUTES

6.1. All disputes, claims and disagreements that may arise between the Parties will be resolved through negotiations.

6.2. In case of non-settling in the negotiation process contentious issues disputes are subject to judicial review in accordance with the current legislation of the Russian Federation.

7. TERM OF THE CONTRACT

7.1. The term of this Agreement is from "__" ___________ ____ to "__" ___________ ____.

Option: 7.1. This Agreement is concluded for _____ (__________) year(s) (years.)

7.2. This Agreement may be terminated by mutual agreement of the Parties.

7.3. All changes and additions to this Agreement, as well as its termination are considered valid, provided that they are made in writing and signed by authorized representatives of both Parties.

8. OTHER TERMS

8.1. All additional agreements of the Parties, acts and other annexes to this Agreement, signed by the Parties in the course of execution of this Agreement, are its integral part.

8.2. This Agreement is made in 2 (two) copies having equal legal force, one for each of the Parties.

8.3. An integral part of this Agreement are:

8.3.1. Rules for the provision of medical services (Appendix N 1).

8.3.2. List of submitted documents and materials (Appendix No. 2).

8.3.3. Report (act) on the rendered medical services (Appendix N 3).

8.3.4. Plan for the provision of medical services (Appendix N 4).

9. ADDRESSES AND DETAILS OF THE PARTIES

A patient: ____________

Artist: ________

SIGNATURES OF THE PARTIES