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Notice Of Right To Hospital Treatment, Etc.

Original Language Title: Bekendtgørelse om ret til sygehusbehandling m.v.

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Table of Contents

Chapter 1 Scope and so on

Chapter 2 Subject to health care and other persons and persons

Chapter 3 About Information

Chapter 4 About the right to choose hospital and so on.

Chapter 5 On the right of treatment abroad, etc.

Chapter 6 Journal Details

Chapter 7 Subject to the right to amount for personal necessities

Chapter 8 About the municipality ' s access to health care costs

Chapter 9 Administration and so on

Chapter 10 Funding, etc.

Chapter 11 Entry into force and so on.

Publication of the right to hospital treatment and so on.

In accordance with Article 8 (2), 2, section 10, section 11, section 75, paragraph 1. 2 and 5, section 76, section 78, section Paragraph 1, section 81, paragraph. Three and four, section 86, paragraph. 2 and 4, sections 87, 87 d, section 89, paragraph 89. 5, section 90, paragraph. 2, § 91, § 195, § 225, paragraph Paragraph 1, section 235, paragraph 1. 3 and 4 and § 265 in the health bill, cf. Law Order no. 95 of 7. In February 2008, as amended by law no. 538 of 17. June, 2008, Law No. No. 539 of 17. June 2008 and Law No 1064 of 6. November 2008, as well as section 4 of the law. 1396 of 21. In December 2005 on the case of forensic procedure, etc., shall be determined :

Chapter 1

Scope and so on

§ 1. This notice shall include the right to hospital treatment and so on for persons resident or temporary in this country.

Paragraph 2. The services are free of charge for persons entitled to benefits in accordance with this notice, cf. however, sections 3 and section 6 (4). 3.

Paragraph 3. In the case of domicile, register for the People's Registry.

§ 2. Hospital treatment shall include examination, diagnosis, disease treatment, birth care, rehabilitation of medical care, health care care, and prevention and health promotion in relation to each patient.

§ 3. where Denmark has concluded agreements with other States or has been established in the European Union regulations on the granting of treatment covered by this notice, the rules laid down therein shall be replaced by the rules laid down in this Regulation ; the rules of this notice.

Chapter 2

Subject to health care and other persons and persons

People who are domiciled in this country

§ 4. People residing in this country have the right to health care and so on in any region, see it in accordance with the territory of the country. Chapter 4.

Paragraph 2. A regional council must treat all persons who are entitled to medical treatment, etc., on the same terms, without taking into account where they are domiciled, in accordance with the rules laid down in this notice.

People who are domiciled in this country (in-flight)

§ 5. People who are domiciled in this country are entitled to medical care and so on immediately at the register of the People's Registry, cf. Section 1 (1). 3.

People who are not domiciled here in the country

§ 6. Persons not domiciled in this country have the right to emergency medical treatment, etc. in the region of residence, in the event of accident, sudden illness and birth or deterioration of chronic disease, etc., on the same terms as those for persons ; resident here in the country.

Paragraph 2. In addition to hospital treatment, etc., when the circumstances under the present circumstances are not deemed reasonable to refer the person to treatment in the country of origin, including the Faroe Islands and Greenland, or the person does not tolerate being moved to one. hospitals in the home Member State, including the Faroe Islands and Greenland, cf. However, section 14.

Paragraph 3. For the treatment provided for in paragraph 1. 2, may the region charge payment by the rules in section 41.

Paragraph 4. Treatment after paragraph 1 It may be granted free of charge when the circumstances under the circumstances of the present circumstances are deemed reasonable.

§ 7. Stay of longer duration than 3 months may, where appropriate, be considered reasonable, equitable with residence in this country, irrespective of the fact that the person has retained permanent residence abroad.

§ 8. Persons living in the Faroe Islands or in Greenland residing in this country or in training for training shall be entitled to health care and so on under the same conditions as persons resident in this country.

Staff and others on the diplomatic and consular representations, as well as NATO and PfP forces ;

§ 9. The following individuals are entitled to medical treatment, etc. on the same conditions as those resident here in the country :

1) Submitted staff at diplomatic and consular representations in this country, the right of which shall be the result of international rules, and their families.

2) Ended people whose stay in this country is regulated in agreements on the legal position of strengths or military headquarters, which Denmark has acceded to and members of their families.

Chapter 3

About Information

§ 10. The Committee of the Regions shall not, within eight working days of any of the Council ' s hospitals, have received a reference to a patient, inform the patient of :

1) the date and place of examination or treatment,

2) the patient may be offered treatment within one month of the rules in section 15,

3) the patient may be offered a study within two months of the rules laid down in Article 87 a of the health law, cf. Article 87 b (b) (b) 1, and the treatment within two months of the rules laid down in Article 87 a of health law, cf. Article 87 b (b) (b) 1 and 2 when the patient is less than 19 years and referred to a psychiatric examination or treatment,

4) the right to select the hospital in accordance with section 11 (3). 1-3, section 15 and the health care of § 87 a,

5) The hospital is offering to refer the patient to treatment at privately-owned hospitals, clinics, etc., here in the country or hospitals, etc. abroad, with which the region has concluded agreements ;

6) waiting for treatment at the hospitals and hospitals of the regions and the private hospitals, etc., and in accordance with the same procedure. Section 11 (1). 2 and 3,

7) the patient who is contacting the hospital may be given the number of treatments performed on hospitals covered by No 2. 6, and

8) The hospital is offering to refer the patient to another hospital in accordance with section 11, paragraph 1. 1-3, section 15, and the health of the health of the health.

Paragraph 2. You in section 11, paragraph 1. 2 and 3 private specialist hospitals mentioned and others shall, within 8 working days of the hospital have received a reference to a patient, inform the patient of :

1) the date and place of examination or treatment,

2) the right to select the hospital in accordance with section 11 (3). 1-3,

3) the patient who is contacting the hospital may be given the number of treatments carried out at the hospital ; and

4) The hospital is offering to refer the patient to another hospital in accordance with section 11, paragraph 1. 1-3.

Chapter 4

About the right to choose hospital and so on.

§ 11. Persons referred to by a medical examiner to hospital and so on may choose between any region's hospitals in accordance with the conditions laid down in the medical treatment. however, sections 12 to 14.

Paragraph 2. The right to choose the treatment provided for in paragraph 1. 1 shall also apply to private specialised hospitals and others : Saint Lukas Hospice, the DiakonisseFoundation Hospice, Sct. Maria Hospice Center, rehabilitation centers for traumatised refugees OASIS, RCT-Jylland and RCT in Copenhagen, Epilepsihospital in Dianalund, the sclerosecenters in Haslev and Ry, PTU's Rehabilitation Centre, Center for Health and Training in Mediocity, Health and Training Centre in Aarhus, Health and Training in Skell-Crazy, Rehabilitation Center for Muskesvind, Vejle fjord and Center for Brain Inharm, cf. § 40, paragraph. 1.

Paragraph 3. The right to choose the treatment provided for in paragraph 1. 1 applies to KamillianerGaardens Hospice, Hospice Fyn, Arreset Hospice, Hospice Zealand, Hospice Sønderjylland, Anker Fsoil Hospice, Hospice Limfjord and Hospice Southern vesty, Hospice Vendsyssel, Hospice Vendsyssel, Hospice Djursland, cf. § 40, paragraph. Two and King Chr. X's GigthoHospital in Gråsten.

Paragraph 4. The right to choose sickness treatment in accordance with paragraph 1. 1-3 shall apply regardless of the treatment and criteria of the place of residence in his medical care in his health care, cf. however, sections 12 and 14.

Paragraph 5. A doctor who refers a person to hospital care should refer to the hospital in which the person chooses for stark.1-3, if the hospital can perform the treatment of the person.

§ 12. A health care department may dismiss free electoral patients, cf. Article 11 domicile in another region of capacity, for capacity reasons, including if the department has significantly longer wait for the treatment other than other departments and whose significant consideration of patients from their own region will otherwise be ; overriding.

Paragraph 2. A health care department with country or country part function (special function) may refuse to receive free polling interest, cf. Section 11, which are not country or country patents, whose main consideration is given to country or country patients or to patients from their own region or else they will be overturned.

Paragraph 3. However, a hospital ward may not be available in accordance with paragraph 1. 1 reject the following people who are expected to stay in the region for more than three months :

1) Elives at boarding school or after school.

2) People who are placed outside the home of a 24-hour institution, in the foster family or approved residence and the like.

3) People who are a conscription on a barracks.

4) Persons who are inserted into the detention censores of the Criminal Investisors.

5) Persons placed in the psychiatric ward shall have a residence in residence of persons with significant reduced physical or mental capacity or specific social problems, or is placed in protective custody, etc. after the court or the Ministry of Justice or the Ministry of Justice, provision.

Paragraph 4. A hospital department cannot refuse patients who are in urgent need of hospital treatment as a result of accident, sudden or worse illness and birth, so long as the patient is not tolerated to be moved to a hospital. in the region of residence.

§ 13. In the case of persons referring to psychiatric treatment, the right to elect the hospital shall be selected in accordance with section 11 (1). Paragraph 1 shall be limited in the case of the person concerned.

Paragraph 2. For a person admitted to the institutions of the Criminal Order, or who are in an institution under the law of law, the penal code or a decree decree in accordance with Chapter 11 of the Law on detention and other coercion in psychiatric services, the right to choose in accordance with section 11 (1). One-three, limited to the security considerations or the law enforcement of law enforcement. The authority issuing an authorito leave and so on shall take a decision on this subject.

§ 14. The regions of the Regions have a duty to receive in their psychiatric hospitals or hospitals to receive :

1) Persons to be subject to the mentalenquiry.

2) Persons who, in accordance with the judgment or the ruling, must be placed or treated in the psychiatric hospital or in any other way shall be subject to psychiatric treatment.

3) The person who, following the Justice Department or the Vacation of the Justice Department, must be placed in the psychiatric hospital.

4) Persons, as conditions for the release of the parole, pardon, etc., or to the waistcase, shall be subject to psychiatric treatment.

5) Article 765 shall be subject to psychiatric treatment pursuant to the Danish Court of Justice Section 765 or Section 777.

Paragraph 2. The DA' s office can decide that they're in the second paragraph. 1 of the case of the case of remoricaatric patients shall be placed or treated in a more specific hospital or a specific hospital ' s department outside the place of residence, where legal certainty or other particular considerations, including the oversight of the imputed speaker ; for this. Where such concerns are concerned, the Ministry of Justice, the Executive Board of the Criminal Office, shall have similar determination to take place outside the place of residence by persons who are transferred to the psychiatric hospital in accordance with the provisions of Article 78 of the Pension Act, as well as persons released or pardoned on the conditions of placement or treatment in the psychiatric hospital.

Paragraph 3. The Prosecutor may decide that individuals should be taken to a psychiatric hospital outside the place of residence, if there is a court order that the person is subject to the examination of the person.

§ 15. People who are referred to by a medical care officer may choose to be examined and treated in one of the hospitals, clinics, etc. here in the country or abroad, to which the regional councils have concluded agreement with after section 35 (contract acids), if : the period of residence not within one month after the reference has been received, including diagnostic examination, and treatment in the region's own hospitals (regional hospitals) or one of the hospitals that the region shall cooperate ; with or usually use (collaborative hospitals), cf. however, section 17-18.

Paragraph 2. People who have been offered a date for surgical treatment at a regional hospital can choose to be treated in a contract sickness house if the regional hospital is changing the date.

Paragraph 3. Selects a person pursuant to paragraph 1. Paragraph 1 and paragraph. 2 treatment at a casing-house, refers to the regional hospital person for treatment, including investigation into this Agreement sickness house.

Paragraph 4. Selects a person who, after the assessment of the regional hospital, needs a diagnostic study as part of the investigation at the regional hospital, pursuant to paragraph 1. 1, to have the diagnostic examination carried out in a cathouse-house, the region hospital refers to the person to be examined in the case of this Agreement's Oid.

§ 16. The time limit after paragraph 15 (5). 1 shall be taken from the day the hospital receives the reference from the person ' s physician to the day the treatment may be carried out.

Paragraph 2. 1 specification of the time period shall not include periods in which the person is undergoing a progress of the investigation. However, wait more than 2 weeks for each survey in the time limit shall be counted.

Paragraph 3. 1 specification of the time limit shall not be included in periods where treatment must be deferred due to the person's health condition or after the person ' s wish.

§ 17. The provision in section 15 does not apply to organ transplantation, sterilisation, fertility treatment, including minutes of referral treatment, harvesting treatment, cosmetic treatment, sex-change operation, psychiatric treatment and recuperation-and Rehabilitation residence.

Paragraph 2. The provision of Article 15 shall also not apply to research, experimental or alternative treatment.

§ 18. The right to select a contract sickness place in accordance with section 15 (3). 1 lapses if the waiting period for treatment in this hospital is more than the waiting period for treatment in the hospitals of the Member State of residence or one of the region's collaborative hospitals.

§ 19. The regions of the Regions shall publish a summary of their cooperation hospitals, cf. Article 75 (5) of the health officer. 2, and of the contracting houses, cf. $35.

20. For the treatment of mentally ill children and young people under the age of 19, the rules laid down in this notice and the rules in the notice of extended right to examination and treatment for mentally ill children and young people shall be subject to the rules in this notice.

Paragraph 2. For the treatment of life-threatening cancer diseases, etc. shall apply to the rules in this notice, as well as the rules in the notice on the treatment of persons with life-threatening cancer diseases and so on.

Chapter 5

On the right of treatment abroad, etc.

§ 21. A regional council can offer patients a reference to treatment abroad.

§ 22. The Committee of the Regions shall reimburse patients ' costs for treatment in a hospital in another EU or EEA country if the region cannot offer the patient timely treatment on their own hospitals, other public hospitals, cooperation hospitals or Agreement sickness houses.

Paragraph 2. However, the Committee of the Regions shall only reimburse expenses for the same treatment or similar treatment that the patient would have been offered in the public hospital system in this country.

Paragraph 3. The Committee of the Regions shall reimbursed a sum equal to the amount of the same treatment or similar treatment costs in the country of public hospitals in this country. In cases where charges have been made for the relevant treatment in the notice of payment for sickness treatment at another region's nursing service, these charges shall be used.

-23. The application for reimbursement of the costs of sickness treatment in another EU or EEA country after section 22 must be addressed to the region of the region in the sietch region before the treatment.

Paragraph 2. The Committee of the Regions shall take a decision on reimbursement no later than two weeks after the application has been received by the region and, incidentally, taking into account the patient's need for accelerated treatment. If the patient has not submitted all of them in section 24 (4), The information provided may be requested by the region of the region and subject to the decision, with the number of days it takes, to submit the absence of information to the regional council.

Paragraph 3. Section 30 on the journal information shall apply by analogi; when a regional council takes a decision to reimburse a patient ' s expenditure on sickness treatment in accordance with paragraph 1. 2.

Paragraph 4. However, if the patient has not received the approval of the regional council of the reimbursement of costs to health care in another EU or of the EEA country prior to its treatment, the Council shall, however, reimburse the patient ' s expenditure on application, provided that, as circumstances, the application of the Member State concerned shall not be reimbursed ; a reasonable estimate of reimbursement.

§ 24. In the case of an application for reimbursement after section 23, the following information shall be included :

1) copy of medical attention to sickness treatment, medical certificate or similar medical reference,

2) permit the patient ' s permit to obtain further information on health conditions, etc., which are necessary for the assessment of the application,

3) description from the foreign hospital of the treatment applied to by the application,

4) price quotation from the foreign hospital, and

5) the date of treatment in the foreign hospital.

Paragraph 2. In order to obtain the refund, the patient shall submit the following information to the region :

1) description from the foreign hospital of the treatment received by the patient ;

2) specified and signed-off, and

3) information for use in the down payment.

Paragraph 3. The people in paragraph 3. The information provided for in a language, including English, German or French, shall be available in a language, including English, German or French, which is understood by the region.

§ 25. A region of the region must offer a patient reference to treatment abroad if the patient has been examined or treated in a hospital in this country, within the territory of the disease in question, to have the highest national ; special knowledge and the patient of this department is set to a necessary treatment on a specified special department, etc. in foreign countries where this treatment cannot be provided in a Danish hospital.

Paragraph 2. The reference of paragraph 1. 1 shall be submitted to the Board of Health for approval. The power of the presentation may be orally verbally.

SECTION 26. In the name of patients who are nationals of an EU country, the EEA country or Switzerland, and their family members for treatment in a public hospital and so on in another EU country, EEA, or Switzerland, or by reference to other patients, Whereas treatment in a public hospital in another Nordic country may make reference to the rules of the Member State of residence following the rules laid down in Community Regulation No 1408/71 concerning the application of social security schemes to workers, self-employed workers and their members of the family who are moving within the Community or in accordance with the rules of the Nordic Social Convention on Social Safety.

Paragraph 2. In the case of a reference to the treatment of sections 21 and § 29, the regionalisation Council may issue a Community form E 112.

Paragraph 3. In the case of a reference to treatment after paragraph 25, the Board of Health shall issue the Community form E 112 or other guarantor.

§ 27. No reference is made to the research, experimental or alternative treatment according to the provisions of sections 21 and 25, cf. § § 28 and 29.

§ 28. A regional councillor may offer a patient reference to the processing of research abroad if the patient has been examined or treated in a hospital division in this country with a country or country ' s part in the disease area concerned ; and the patient of this section is prepared for research on a specified hospital section, etc. abroad, and relevant treatment cannot be offered in a Danish hospital.

Paragraph 2. The research referred to in paragraph 1. 1 shall meet normally recognised scientific studies and shall be carried out in cooperation with a Danish hospital.

Paragraph 3. The Committee of the Regions shall report references of patients to research treatment abroad in accordance with paragraph 1. 1 to Health Services.

§ 29. The Board of Health will set up an advisory panel on experimental treatment.

Paragraph 2. The panel adviser by the treatment of patients who have a life-threatening cancer or other similar life-threatening illness which cannot be offered immediately to public hospitals in this area ; the country or treatment, in accordance with sections 21, 25 and 28. The panel may also advise on supplementary studies and treatment of public hospitals in this country and on treatment after sections 21, 25 and 28.

Paragraph 3. The Board of Health shall lay down detailed rules on the composition and the establishment of the panel.

Paragraph 4. A regional council may offer the patients referred to in paragraph 1. 2, referral to experimental treatment in a private hospital in this country or a hospital abroad.

Paragraph 5. In addition, the reference shall be made to the Health Board for approval by the health management department for approval.

Paragraph 6. The Board of Health may approve a reference to paragraph 1. 4, on the basis of advice from the experimental treatment panel, if there may be an opportunity for a specific experimental treatment to be treated on a specified branch of a private hospital in this country or from a hospital in the country of a hospital may be cured ; the patient or prolonging the patient's life.

Chapter 6

Journal Details

-$30. When a hospital department refers a person to another treatment site, including to a country of treatment abroad, the department must, in accordance with the rules of consent in the health code, in accordance with the rules of health, in accordance with the same treatment rules. section 41, send relevant information from the person's journal, including any x-rays, and so on to the processing point, for processing the person. The information must, where necessary, be translated into one of the following languages, English, German or French, which is understood at the place of treatment.

Paragraph 2. A reference to another treatment facility or to a treatment facility abroad in accordance with sections 25, 28 and 29 may be made subject to the consent of the person referred to in paragraph 1. The journal information referred to in paragraph 1 shall be sent to the processing place.

Chapter 7

Subject to the right to amount for personal necessities

§ 31. A pensioner who, in the hospitalization of the hospital, will not receive a pension in accordance with section 46 (4). 1, in the Law on Social Security and Article 45 (3). 1, in the case of the highest, middle, increased general and general early retirement, shall have the right to an amount for personal necessities.

Paragraph 2. The amount shall be paid by the hospital, and that is 1.281 kr. per month (2009 price and wage level). Amount price-and pay is regulated once a year and be reported by the Board of Health.

§ 32. An admitted patient who is not a pensioner who may be regarded as a care patient or, incidentally, is deemed unfit for more permanent printing to their own homes, has the right to an amount of personal necessities.

Paragraph 2. The amount paid by the hospital may not be paid at the earliest when the patient has had an overall period of entry into hospital and so on of six months in addition to the month of the month preceding the submission.

§ 33. The hospital may, in addition to the cases referred to in section 31 and 32, pay a sum of personal necessities to enclosed patients who have had or are expected to have long-term hospitalization and which do not themselves have the amount of money to be provided for them. The amount may not exceed that in section 31 (1). 2, mentioned amounts.

Chapter 8

About the municipality ' s access to health care costs

§ 34. A municipal board may, when social considerations are concerned, decide to bear the costs of disease treatment corresponding to the treatment provided in the regional hospital or to persons residing in the municipality.

Chapter 9

Administration and so on

$35. The regional counties of association conclude agreements with the private hospitals, clinics and so on in this country and hospitals, etc., abroad, which wish to reach agreement on the treatment of persons after Article 15.

Paragraph 2. Private hospitals, clinics and so on in this country and hospitals, etc., abroad, which have concluded an agreement with the regions in accordance with paragraph 1. 1 may cooperate with each other, including the provision of diagnostic services.

Paragraph 3. If the agreement on the terms of an agreement is not reached, the Minister for Health and Prevention may, at the request of those referred to in paragraph 1, 1 mentioned hospitals, clinics and so on shall lay down the terms and conditions thereto.

Paragraph 4. People are not referred to in section 15 to hospitals, clinics, etc., which do not wish to make an agreement on the provisions referred to in paragraph 1. 3 fixed conditions.

§ 36. The private hospitals, clinics and so on in this country and hospitals, etc., abroad, which wish to conclude an agreement with the regions after paragraph 35, shall be required at the request of the regional advisaders or the Minister for Health and Prevention of Prevention ; for :

1) processing offers, including treatment experience, professional qualifications, guard preparedness, equipment standards, treatment principles and similar,

2) wait time for treatment and

3) the observance of patients ' rights.

§ 37. The private hospitals, clinics and so on in this country and hospitals, etc., abroad, who have been referred to a person for treatment under an agreement with the regional councils after Article 35, shall be required for any continuation of treatment in the hospital and for the health of : settlement check for processing provide all relevant information about the treatment to the hospital that has referred to them.

§ 38. The treatment sites in this country must for the purposes of treatment as well as statistical purposes for the activity of the health care services, the population's consumption of sick-care services, disease-related diseases and carried out operations reporting information relating to : Patient treatment for the National Health Agency Registry. The places of treatment abroad must report such information to the hospital which has referred to them.

Chapter 10

Funding, etc.

§ 39. The region of the region shall bear the costs of sickness treatment, etc. in accordance with this notice, in accordance with the notice. however, paragraph 1 Two and three.

Paragraph 2. The content region will keep the costs of medical treatment, etc. for patients who are not domiciled in this country.

Paragraph 3. The State shall bear the costs of treatment etc. in accordance with section 25.

§ 40. The obligation of the regions of the Regions to provide unpaid treatment in accordance with section 11 (4). 2, is limited to an annual economic framework which, for each institution, is set out in the notice of a financial framework for free choice for private specialised hospitals, etc.

Paragraph 2. The obligation of the regions of the Regions to provide unpaid treatment at hospice in accordance with section 11 (4). 3, shall cover the treatment within the framework of the institution ' s holding agreement with the location of the location. The levitation to provide unpaid treatment will terminate if the operating agreement is repealed by one of the parties.

§ 41. A region shall charge for payment for the treatment of persons who are not entitled to health care and so on, cf. however, paragraph 1 5 and Section 6 (4). 4.

Paragraph 2. In cases where charges have been made for these services in the notice of payment for sickness treatment by another region's nursing service, these shall be used.

Paragraph 3. The payment shall be made and required at a final point in the case of or immediately following the discharge or outpatient treatment.

Paragraph 4. The payment per on sheets of bed, hospitalisation, emergency treatment or investigation etc. must be provided prior to that.

Paragraph 5. In the circumstances in which it is considered reasonable, a complete or partial exemption may be granted in the case of payment.

§ 42. The Committee of the Regions may make a claim on bail for the timely submission or claim to the payment requirement, cf. § 41.

§ 43. In agreements between a state authority and a regional council on the use of the regional hospital system, a special payment for the use of the region may be laid down by the Minister for Health and Health and Health.

§ 44. The costs of a municipality for disease treatment after Section 34 cannot be covered by insurance.

Chapter 11

Entry into force and so on.

§ 45. The announcement shall enter into force on 1. July, 2009.

Paragraph 2. At the same time, notice No 1065 of 6. November 2008, on the right to medical care and so on.

The Ministry of Health and Prevention, the 11th. June 2009Jakob Axel Nielsen / Jette Vind Blichfeldt