Key Benefits:
ACT
of 24 August 2007
to amend the Act on health care benefits financed from public funds and certain other laws 1), 2)
Article 1. [ The Act on Public Health Care Benefits] In the Act of 27 August 2004. on health care services financed from public funds (Dz. U. Nr. 210, pos. 2135, with late. 1. 3) ) the following amendments shall be made:
1) in art. 2 in the mouth. 1 after point 2, the following point 3 is added:
" 3) other than those mentioned in points 1 and 2, persons holding Polish citizenship and having their place of residence on the territory of the Republic of Poland, which have not completed 18. year of life or are in the period of pregnancy, childbirth and addiction ";
2. Article 3.
" Art. 3. 1. The insured persons are:
1) persons holding the nationality of a Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA), residing in the territory of a Member State of the European Union or a Member State The European Free Trade Agreement (EFTA),
2) persons without citizenship of a Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA), residing in the territory of the Republic of Poland on the basis of a residence visa for the purpose of performing work, residence permits, resettlement permits, long-term resident permits of the European Communities, tolerated residence permits, or refugee status granted in the Republic of Poland, or using temporary protection in its territory,
(3) persons without citizenship of a Member State of the European Union or of a Member State of the European Free Trade Agreement (EFTA) legally residing in a territory other than the Republic of Poland of a Member State of the Union European or Member State of the European Free Trade Agreement (EFTA)
-if they are subject to an Article 66 compulsory sickness insurance or insurer shall be voluntarily insured under the rules laid down in the Article. 68;
(4) persons having the nationality of a Member State of the European Union or of a Member State of the European Free Trade Agreement (EFTA), not residing in the territory of a Member State of the European Union or of a Member State The European Free Trade Agreement (EFTA), if they are subject to the obligation of health insurance on the territory of the Republic of Poland and are covered by:
(a) pension and disability insurance under the provisions of the Act of 13 October 1998. o Social Security System (Dz. U. 2007 No 11, pos. 74, as of late. 1. 4) );
(b) the social insurance of farmers under the provisions of the Act of 20 December 1990. o social insurance of farmers (Dz. U. 1998 r. No. 7, pos. 25, of late. 1. 5) ).
2. Security is also provided:
1) students and participants of doctoral studies who study in the Republic of Poland, and graduates who take place in the Republic of Poland a compulsory internship, without citizenship of a member state of the European Union or a state of the European Free Trade Agreement (EFTA) and not the persons referred to in paragraph 1. 1 point 3,
2. members of the nuns and alumni of higher clerical and theological seminars, postulants, novices and juniors of the nuns and their counterparts without citizenship of a Member State of the European Union or of a European Member State The Free Trade Agreement (EFTA) and not the persons referred to in paragraph 1. 1 point 3, while staying in the territory of the Republic of Poland on the basis of a visa, residence permit, permit to settle, residence permit of a long-term resident of the European Communities, consents to a tolerated stay or having a refugee status granted in the Republic of Poland or using temporary protection in its territory,
3. an adaptation internship,
4) holding Polish language courses and preparatory courses for the taking of teaching in the Polish language referred to in the regulations on higher education, not possessing the nationality of a Member State of the European Union or a Member State The European Free Trade Agreement (EFTA) and not the persons referred to in paragraph 1. 1 point 3
-if they are insured voluntarily in accordance with the rules laid down in the Article. 68;
5) the members of the families of the persons referred to in the mouth. 1 (1) and (3), residing in the territory of a Member State of the European Union or of a Member State of the European Free Trade Agreement (EFTA), if they are not persons subject to the health insurance obligation referred to in art. 66 (1) 1, subject to Article 66 (1) 2 and 3, nor are they entitled to health care benefits under the rules on coordination;
6) the members of the families of the persons referred to in the mouth. 1 point 2, residing in the territory of the Republic of Poland, if they are not persons subject to the obligation of health insurance referred to in art. 66 (1) 1, subject to Article 66 (1) 2 and 3. ';
3) in art. 5:
(a) point 13 shall be replaced by
" 13) primary health care physician
-doctor:
(a) having the title of a specialist in the field of family medicine or
(b) undergoing specialisation training in the field of family medicine, or
(c) having a second degree specialisation in the field of general medicine
-providing benefits in respect of primary health care with which the Fund has entered into an agreement for the provision of health care services or who is employed or pursues a profession in the healthcare provider with whom the Fund has entered into an agreement to grant basic health care benefits; ',
(b) after point 14, the following point 14a is added:
" 14a) migration of insured persons-the use of insured persons and persons entitled to health care benefits under the rules on coordination, registered in a given provincial branch of the Fund, from health care benefits provided by healthcare providers who have entered into contracts for the provision of health care services with other branches of the Fund, or the acquisition by the insured persons and persons entitled to health care benefits under the rules on coordination, registered in the given provincial branch of the Fund, medicines and medical devices, free of charge, for a flat-rate fee or for partial payment, in pharmacies operating on the territory of other branches of the Fund; ',
(c) after point 15, the following point 15a is added:
" 15a) National Health Account-a summary of all health expenditure, taking into account the sources of health funding, providers of medical services, and the functions of these services, based on the principles of transparency and reliability of the collected the data; ',
(d) point 20 shall be replaced by
' (20) a person who receives a pension or an annuity, who is entitled to a social pension or a structural pension under the Law of 26 April 2001. Structural reforms in agriculture (Dz. U. Nr 52, pos. 539, 2003 No. 229, item. 2273 and 2004 Nr 91, pos. 873) or the Act of 28 November 2003. on the promotion of rural development from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (Dz. U. Nr. 229, pos. 2273, z Late. 1. 6) ), and a person receiving a pension from abroad; ',
(e) point 23 shall be replaced by
" 23) person entitled to health care benefits under the rules on coordination-a person who is not insured in the Fund and holds the right to health care benefits under the legislation other than the Republic of Poland of a Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA), and which is entitled to the territory of the Republic of Poland to provide health care from health insurance on the basis of the provisions of coordination; ",
(f) point 25 shall be replaced by
" 25) primary health care nurse-a nurse who has completed a specialisation training in nursing care: family, pediatric, environmental, environmental and family care, chronically ill and disabled, care long-term, in the protection of working health, the environment of teaching and education, conservative education, health promotion and health education or the completed qualification course in the field of nursing: family, pediatric, environmental, environmental/family, chronically ill and disabled, long-term care, in the protection of working health, the environment of teaching and education, conservative education, health promotion and health education or is a specialization training in nursing: family, pediatric, care long-term, the environment of teaching and education, conservative education, health promotion and health education, or a qualification course in the field of nursing: family, pediatric, long-term care, the environment of teaching and education, Conservativeness, health promotion and health education or holds a title professional nursing master and at least three years of seniority in primary health care, the provider with whom the Fund has entered into an agreement for the provision of health care services, or who is employed or pursues a profession in the the healthcare provider with which the Fund has entered into an agreement for the provision of health care services; ',
(g) point 28 shall be replaced by
" 28) in primary health care-a midwife who has completed a specialisation training in nursing: family, environmental, environmental and health promotion and health education, or has completed the qualification course in the the field of family nursing, environmental, environmental and family nursing, health promotion and health education, or taking a specialisation training in the field of nursing: family or health promotion and health education, or taking a course qualification in the field of nursing: family or the promotion of health and health education, or the professional title of the Master of Obstetrics and at least three years of seniority in primary health care providing benefits in primary health care, which is the provider with whom The Fund has concluded an agreement for the provision of health care services or which is employed or is engaged in the profession of the provider with whom the Fund has entered into an agreement on the provision of health care services; ',
(h) point 32 shall be replaced by
" (32) the rules on coordination-the rules on the coordination of social security schemes for the provision of health benefits in kind as defined in Council Regulation (EEC) No 1408/71 of 14 June 1971 (OJ 1971 L 31, p. on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and to Council Regulation (EEC) No 574/72 of 21 March 1972 (OJ 1972, p. 1), as last amended by Regulation (EC) No 17542/72 of the European Parliament on the implementation of Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not yet covered by those provisions solely on the ground of their nationality and the decisions based on the provisions of the above Regulations; ',
(i) at point 41 (i) c is replaced by the following
" (c) the State budgetary unit referred to in Article 3. 20 para. 1 of the Act of 30 June 2005. on public finances (Dz. U. Nr 249, pos. 2104, of late. 1. 7) ), created and supervised by the Minister of National Defence, Minister competent for Home Affairs, Minister of Justice or Head of the Internal Security Agency, holding in the organizational structure of the infirmary, infirmary with the infirmary of the sick or primary health care physician, ';
4. Article 10 is replaced by the following
" Art. 10. 1. In particular, the following shall be the task of the tasks of the wojewater in ensuring equal access to health care services:
1) assessment of the protection of health care in the voivodship area;
2) evaluation of the implementation of the tasks of government administration implemented by the local government units;
3. the transmission of the Minister of Health to the Minister for Health by 15 February of each year, the annual information on health programmes implemented last year, and the health programmes planned for that year.
2. Information about the health programmes referred to in paragraph. 1 point 3, art. 7 ust. 1 point 1, art. 8 pt. 1 and art. Article 9 (1), in particular, shall include:
1. the name of the health programme;
2. establishment of the local government unit developing, implementing, implementing and financing the health programme;
3) the type and extent of the health care benefits provided under the health programme.
3. The Minister responsible for health shall determine, by means of a regulation, the manner and time limits for the communication of information on health programmes and the model of the document containing that information, taking into account the extent of the data referred to in paragraph 1. 2. ';
5. in Art. 11:
(a) in paragraph. 1:
-the following point 4a is inserted after point 4:
' (4a) the financing of highly specialised services in the field and on the basis of the rules laid down in the rules adopted on the basis of the Article. 15 para. 3 and other health care services financed from the state budget, from the part remaining at the disposal of the minister responsible for health, including medical rescue operations carried out by the aviation rescue teams, o which are referred to in the Act of 8 September 2006. o State Medical Rescue, in relation to persons entitled to health care benefits on the basis of the rules on coordination; ',
-point 9 is replaced by the following:
" 9) submission to the Sejm of the Republic of Poland by 31 August of the following year of the annual report on the activities of the Fund prepared in the mode referred to in art. 187. ',
(b) after paragraph. 1 The paragraph shall be added. 1a-1d as follows:
' 1a. The Minister responsible for Health shall calculate the average costs referred to in Article 4. 94 and 95 of Council Regulation (EEC) No 574/72, having regard in particular to the National Health Account.
1b. The National Health Account shall be drawn up on the basis of research carried out on a duty basis within the meaning of the Act of 29 June 1995. o public statistics (Dz. U. Nr. 88, pos. 439, with late. 1. 8) ).
1c. Social Insurance Company, Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund), Central Statistical Office, governmental authorities, bodies of local authorities, healthcare providers and other institutions undertaking tasks in the field of social security the organisation, financing and provision of public health care services shall provide free of charge information necessary for the calculation referred to in paragraph 1. 1a.
1d. For the purposes of the calculations referred to in paragraph 1. 1a, through health care benefits provided in the framework of health insurance should be understood all health care benefits, the cost of which has been incurred by entities belonging to the public finance sector, listed in rules on public finances. ',
(c) in paragraph. Paragraph 2 is replaced by the following:
" 2) approving the financial statements of the Fund, after consulting the minister competent for health, and submitting the report together with the opinion of the minister competent for health of the Sejm of the Republic of Poland by 31 August of the year following the year to which the report relates. ';
6) in art. 12:
(a) the introduction to the calculation is replaced by
"The provisions of the Act do not violate the provisions on health care benefits granted free of charge regardless of the entitlement for health insurance by health care facilities on the basis of:",
(b) point 1 shall be deleted;
7) after art. 12 The following Article shall be inserted. 12a as follows:
" Art. 12a. The provisions of the Act, with the exception of the rules governing the rules and mode of funding from the state budget of health care benefits and the rules governing the right to health care benefits under the rules on coordination, do not apply to persons to whom health benefits are provided free of charge, irrespective of the health insurance entitlements, on the basis of art. 102 points 1 and art. 115 § 1 of the Act of 6 June 1997. -The Code of Executive Penal (Dz. U. No 90, pos. 557, of late. 1. 9) ). ';
8) art. 13 is replaced by the following
" Art. 13. The provision of health care provided to the recipients other than the insured persons shall be financed from the State budget, unless otherwise provided for in separate provisions. ';
9) after art. 13 The following Article shall be inserted. 13a as follows:
" Art. 13a. The Council of Ministers shall determine, by means of a regulation, the way and mode of financing from the state budget of health care benefits:
1) awarded to the recipients referred to in art. 2. 1 point 3,
2) referred to in art. 12 points 2-5 and in Article 12a
-having regard to the principles and the way in which public funds are spent. ';
10) in art. 15 in the mouth. 2:
(a) point 13 shall be replaced by
"13. nursing and caring services;",
(b) the following point 13a is inserted after point 13:
'13a) palliative and hospitational care;';
11) in art. 16:
(a) in paragraph. Point 1 shall be replaced by the following:
" 1) decisions on the ability to drive motor vehicles and other decisions and medical certificates issued at the request of the provider, if they are not related to further treatment, rehabilitation, incapacity for work, continuing education, participation of children, pupils, learners in the training of teachers and students in sports activities and in organised recreation, and if they are not issued for the purpose of social assistance, case-law on disability or obtaining care allowance; '.
(b) paragraphs 4.
" 4. The costs of the examination, the issue of a decision or a certificate relating to a decision on incapacity to work for the purposes of an annuity, the setting up of social security entitlements, shall be financed by the entity on which the contract is carried out examination, judgment or certificate issued. ';
12) in art. 21:
(a) paragraphs 1 is replaced by the following
" 1. The waiting lists for the benefit shall be periodically evaluated, at least once a month, with:
1) a team of assessment of the admissions set up by the provider who has entered into a contract for the provision of health care services-in the case of hospitals;
2) the manager of the healthcare provider who has entered into a contract for the provision of health care services-in the case of specialist benefits in outpatient health care;
(3) the healthcare provider, in the case other than those referred to in point 1 and 2. ',
(b) after paragraph. 2 The following paragraph shall be added. 2a as follows:
' 2a. Where the assessment team is acting at a public health care facility, the social council referred to in Article 44b and 44c of the Act of 30 August 1991. o health care facilities, may appoint an evaluation team to be taken into account by a representative of a medical profession and not employed in that establishment. ',
(c) paragraphs 3.
" 3. The healthcare provider referred to in paragraph 1. In accordance with Article 1 (1), the President of the team shall designate the persons referred to in paragraph 1. 2, and shall specify the mode of operation of the team. ',
(d) in paragraph. 4. The introduction to the calculation is replaced by the
" For the tasks of the assessment team, the manager of the healthcare provider or the healthcare provider referred to in paragraph 1. 1 point 3, the assessment of the waiting lists shall be carried out in respect of the following: ',
(e) paragraph 5-7 are replaced by the following:
" 5. The evaluation team shall draw up an assessment report each time and submit it to the healthcare provider referred to in paragraph 1. 1 point 1.
6. Where the healthcare provider referred to in paragraph 6 is subject to the application of the provisions of the 1 point 1, does not provide the benefits of a doctor specialist in the treatment specialty, it is a part of the admission evaluation team which are included in the person referred to in paragraph 1. 2 points 2 and 3.
7. If the healthcare establishment as provided by the provider referred to in paragraph 1 is provided in the first subparagraph of Article 7 (2) of 1 point 1, the quality management team shall operate, meeting the conditions laid down in paragraph 1. 2, it shall perform the tasks referred to in paragraph. 4 and 5. ';
13) in art. 23 (1) 1 is replaced by the following
" 1. The healthcare provider referred to in Article 20 para. 1, shall report monthly to the provincial branch of the Fund competent for the place of the provision of the benefit, with the following information:
1) the number of waiting and average waiting time calculated in the manner specified in the regulations issued on the basis of art. 190 par. 1;
2) the waiting lists for the provision of highly specialised benefits, on the basis of the agreement with the Fund covering the scope of the benefit in question and the data specified in the provisions issued on the basis of art. 190 par. 1. ';
14. 25 is replaced by the following
" Art. 25. 1. The Fund shall finance the costs of treatment or diagnostic tests outside the country, granted in accordance with the rules on coordination, and resulting from Article 4 of the Financial Regulation. 26.
2. The President of the Fund shall issue to the recipient, the person entitled to health care benefits on the basis of the provisions on coordination or the person referred to in art. 12a, hereinafter referred to as 'the applicant', at the request of the applicant, his legal representative or spouse, competent institution, institution of the place of residence, institution of the place of stay or liaison body in another Member State of the Union The European or Member State of the European Free Trade Agreement (EFTA), hereinafter referred to as 'the authorised entity', shall authorise the carrying out of treatment or diagnostic tests, or the continuation of treatment or diagnostic tests in another of a Member State of the European Union or a Member State The European Free Trade Agreement (EFTA), in the cases referred to in the rules on coordination.
3. The President of the Fund or the director of the Fund's branch office may issue the applicant, at the request of the rightholder, the consent to cover the transport costs:
1) to the place of granting benefits in another Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA)-the cheapest means of communication possible to apply in the current state of health, in cases justified by the health status;
2) to the place of treatment or residence in the country-the cheapest means of communication possible to apply in the current state of health, when the anticipated costs of treatment abroad outweigh the costs of transport and treatment in the country.
4. The decisions referred to in paragraph 2 and 3, they are final. They shall be entitled to an administrative court from those decisions.
5. The Minister of Health, after consulting the President of the Fund and the General Medical Council, will determine, by regulation, the manner and criteria for determining the acceptable waiting time for selected health care benefits, having regard to the current scientific evidence, knowledge and practice based on proven scientific evidence, guided by the need for the proper implementation of the rules on coordination. ';
15) art. 26 is replaced by the following
" Art. 26. 1. The President of the Fund may, at the request of the applicant, referred to in Article 25, its statutory representative or spouse, refer the applicant to conduct outside the country of treatment or diagnostic tests which are not carried out in the country, guided by the need to provide such a benefit in order to rescuing the life or improving the health of the applicant.
2. In the cases referred to in paragraph. 1 The President of the Fund may issue to the applicant, at his request or at the request of his statutory representative or spouse, the consent to cover the costs of transport to the place of providing benefits in a country which is not a Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA), or to a place of treatment or residence in the country, the cheapest means of communication possible to apply in the current state of health, in cases justified by the state of health.
3. The decisions referred to in the paragraph. 1 and 2, they are final. They shall be entitled to an administrative court from those decisions.
4. Costs of treatment, diagnostic tests or transport resulting from the mouth. 1 and 2 shall be financed from the State budget. ';
16) after art. 26 the following Articles shall be inserted. 26a as follows:
" Art. 26a. The Minister for Health, after consulting the Minister responsible for internal affairs and the President of the Fund, will determine, by means of a regulation:
1. the procedure for submission and processing and the design of the application referred to in Article 3. 25 par. 2 and 3 and in Article 26 par. 1 and 2,
2) the mode of covering the costs referred to in art. 25 par. 3 and art. 26 par. 1 and 2
-having regard to the good of the applicant and the validity and effectiveness of such treatment or diagnostic examination outside the country, as well as the economy and the desirability of disbursing public funds. ';
17) in art. 36:
(a) paragraphs 4.
" 4. Medicaments not authorized for admission to trading on the territory of the Republic of Poland and brought from abroad under the conditions and in the mode specified in art. 4 of the Act of 6 September 2001. -Pharmaceutical law may be issued after the granting of a flat-rate fee by the holder for a unit pack, subject to the authorisation of the refund of the medicine by the President of the Fund, which takes account, in particular, of its effectiveness the clinical, safety and price compared with the medicines of the same therapeutic indication, holding a marketing authorisation in the territory of the Republic of Poland. ',
(b) after paragraph. 4 The paragraph shall be added. 4a and 4b, as follows:
' 4a. The President of the Fund shall consider the refund referred to in paragraph 1 on the refund of the medicine. 4, within not more than 30 days from the date on which the refund of the medicine has been requested by the issuing requisition or by the person providing the benefit.
4b. An occurrence of the refund of the medicine referred to in paragraph 1. 4, is the submission by the issuing demand or the provider, confirmed by the minister competent for health, the demand referred to in art. 4 par. 2 of the Act of 6 September 2001. -Pharmaceutical law. ',
(c) paragraphs 5 and 6 are replaced by the following:
" 5. The Minister of Health, after consulting the President of the Fund, the Chief Medical Council and the Chief Medical Board of the Pharmacy, will determine, by regulation:
1) a list of basic and complementary medicines,
2) the amount of the lump sum fee for basic and receptive medicines,
3) the amount of the repayments for the complementary medicines,
4) a list of medications that can be treated as pharmaceutical raw materials for the preparation of prescriptions,
(5) the amount of the prescriptions to which the lump sum fee applies and the method of calculating the cost of the formulation of the prescriptions
-taking into account the positions expressed by the Committee on Economic Affairs, as referred to in art. 7 of the Act of 5 July 2001. about prices (Dz. U. Nr 97, pos. 1050, with late. 1. 10) ), hereinafter referred to as the "Team", as well as the need to ensure the protection of the health of the population, the availability of medicines and the safety of their use, the importance of the medicine in the control of diseases with significant epidemiological and civilisational risks, the effect of the medicine on the direct costs of treatment, as well as the payment capacity of the entity liable to finance the benefits from public funds.
6. The lists referred to in paragraph. Article 5 (1) shall be updated at least every 90 days if at least one complete application referred to in Article 4 (1) is received. 39 (1) 1, which has not been negatively dealt with. ';
18) in art. 37 par. 2 and 3 are replaced by the following:
" 2. The Minister of Health, after consulting the President of the Fund, the Chief Medical Council and the Chief Medical Board of the Pharmacy, will determine, by regulation:
1) the list of diseases referred to in paragraph. 1,
2) for each of the diseases referred to in paragraph. 1, list of medicines and medical devices which, due to the diseases specified in the list referred to in point 1, are prescribed free of charge, for a flat fee or for partial remuneration
-taking into account the positions expressed by the Team, as well as the need to ensure the protection of the public's health, the availability of medicines and medical devices, the safety of their use and the payment capabilities of the obligated entity benefits from public funds.
3. The lists referred to in paragraph. 2, they shall be updated at least every 90 days if at least one complete application referred to in Article 4 has been received. 39 (1) 1, which has not been negatively dealt with. ';
19) in art. 38:
(a) paragraphs 4.
" 4. The pharmacy is obliged to inform the supplier of the possibility of acquiring a medicine other than that prescribed at the prescription of the same international name, dose, pharmaceutical form or similar pharmaceutical form, which does not result in the formation of the therapeutic differences, and with the same therapeutic indication, the price of which does not exceed the price limit. The pharmacy is obliged to have this medicine. ',
(b) after paragraph. 4 The paragraph shall be added. 4a and 4b, as follows:
' 4a. The pharmacy is obliged to issue a medicine at the request of the supplier, the price of which is lower than the price of the medicine prescribed at the prescription. This does not apply to the situation in which the issuing of the prescription has made an appropriate note on the printing of the prescription, indicating that the replacement of the prescribed medicine cannot be made.
4b. Paragraph Recipe 4 and 4a shall apply mutatis mutandis to medical devices. ',
(c) paragraphs 5 and 6 are replaced by the following:
" 5. If in the lists referred to in Article 36 ust. 5 points 1 and art. 37 par. For the purposes of Article 4 (2), an international or own medicine, pharmacy may issue, under the conditions laid down in Article 2 (2). 36 ust. 1, art. 37 par. 1 and Art. 43-46, also another medicine admitted to the market, not included in these lists, and of the same international name or self, the same dose, the size of the packaging and the route of administration provided that its price is not higher than the price limit, and if the limit has not been established-from the price indicated in the lists.
6. The Minister of Health, after consulting the President of the Fund, the Chief Medical Council and the Chief Medical Council, will determine, by way of regulation, the price limits of medicines with the same international name and medicines of different international names, but with similar therapeutic effect, as well as medical devices listed in:
1) lists of basic and supplementary medicines referred to in art. 36 ust. 5 point 1,
2) a list of medicines and medical devices referred to in art. 37 par. 2 point 2
-having regard, in particular, to the effectiveness and safety of their application, as well as the payment capacity of the entity liable to finance the benefits of public funds. ';
20) in art. 39:
(a) paragraphs 1 is replaced by the following
" 1. The Marketing Authorisation Holder and the parallel importer, within the meaning of the Act of 6 September 2001. -Pharmaceutical law, as well as the manufacturer of medical devices, its authorised representative or importer, within the meaning of the Act of 20 April 2004. about medical devices (Dz. U. Nr 93, pos. 896 and 2005 No. 64, pos. 565), hereinafter referred to as the "applicant", may, for the first seven days of each quarter, submit to the Minister responsible for health the application for the placement of medicinal products or medical devices in the lists referred to in Article 3 (1) of Regulation (EC) No 960/66. 36 ust. 5 points 1 and art. 37 par. 2 (2). ',
(b) after paragraph. 1 The paragraph shall be added. 1a-1g as follows:
' 1a. Where an application is made at a later date than that specified in the paragraph. 1, the application shall be returned to the applicant.
1b. Applications shall be considered according to the order of their impact.
1c. The Minister responsible for health, setting out the lists referred to in Article 36 ust. 5 points 1 and art. 37 par. In the light of the criteria referred to in paragraph 2, point 2 may, by decision, make a verification, in terms of the validity of the medicine or medical device in a specific list, on the basis of the criteria referred to in paragraph 2. 2 points 3-10, 12 and 13.
1d. The decision of the Minister responsible for the health referred to in paragraph 1. 1c, is final. The decision shall be entitled to an application to the administrative court.
1e. Making the verification referred to in paragraph. 1c, provides the basis for updating the lists referred to in Article 4. 36 ust. 5 points 1 and art. 37 par. 2 point 2.
1f. Following the examination of the applications referred to in paragraph 1. 1, the Minister for Health shall include on the website of the office serving the Minister responsible for health, the amount of the price limits for medicines and medical devices in the lists referred to in art. 36 ust. 5 points 1 and art. 37 par. 2 point 2.
1g. The applicant may, within 7 days from the date of posting on the website of the office serving the Minister responsible for the health of the limits of the price limits of medicines and medical devices in the lists referred to in art. 36 ust. 5 points 1 and art. 37 par. 2, point 2, propose a price lower than the price set in the application referred to in paragraph 2. 2 point 3. ',
(c) paragraphs 2.
" 2. The proposal referred to in paragraph 1. 1, contains:
1) the designation (company) of the applicant, its registered office and address;
2. the name and details of the medicine or medical device;
3) the proposed price;
4) the average selling price in the Republic of Poland in the last two years, broken down for individual years, if applicable;
5) prices in other Member States of the European Union;
6) the amount of deliveries to be carried out in the period preceding the submission of the application, if applicable;
7) proven availability of the medicine or medical device at the time of application;
8) a commitment to ensure continuity of supply, in the case of placement of a medicine or medical device in the lists referred to in art. 36 ust. 5 points 1 and art. 37 par. 2 point 2;
9) daily cost of therapy;
10) the average cost and time of standard therapy;
11. the number of the authorization and a copy of the decision to release the marketing, if applicable;
12) justification of the request and the proposed price;
(13) an analysis of the clinical efficacy and cost-effectiveness and an analysis of the impact on the general costs of the refund for the medicine, the active substance of which is not included in the lists referred to in Article 3 (2). 36 ust. 5 points 1 and art. 37 par. Article 2 (2), and the analysis of the impact on the general costs of the refund on the medicine, the active substance of which is included in the lists referred to in Article 2 (2), 36 ust. 5 points 1 and art. 37 par. 2 points 2, and its counterpart. ',
d) after the mouth. 2 The following paragraph shall be added. 2a-2c as follows:
' 2a. Submission of the application referred to in paragraph 1. 1, shall be subject to a fee of PLN 400, which is the valorised in each year forecast by the average annual price index of goods and services in total, adopted in the Budget Act.
2b. Supplementary of the application referred to in the paragraph. 1, shall be subject to a fee of 200 PLN, which is the valorised in each year forecast by the average annual price index of goods and services in total, adopted in the Budget Act.
2c. The fees referred to in paragraph 2a and 2b, shall be paid to the account of the office serving the Minister responsible for health and shall constitute the revenue of the State budget. ',
(e) paragraph 3.
" 3. Applications referred to in paragraph 1 1 shall consider the Team. ',
(f) paragraphs shall be deleted. 5,
(g) paragraph 6 and 7 are replaced by the following:
" 6. The application shall be examined within 90 days of the date on which it was lodged, except where necessary to complete the data necessary to place the medicinal product and the medical device in the relevant list, that period shall be suspended until the date of receipt of the application. additions. Where the application does not contain the required data, the Minister responsible for health shall immediately inform the applicant of the need to supplement them within the prescribed period.
7. Where the procedure for placing the medicinal product or medical device in the lists referred to in Article 36 ust. 5 points 1 and art. 37 par. Article 2 (2), together with the examination of the information or the application for the fixing of the official price referred to in Article 2 (2), shall apply. 6 para. 1 of the Act of 5 July 2001. at prices, the total time limit for examining applications or information should not exceed 180 days. Where necessary to complete the data necessary for appraisal of the applications, or in the event of the applicant's request to the Minister responsible for health, reconsideration of the application referred to in paragraph 1. 1, the period shall be suspended, respectively, until the date of receipt of the data supplement, or until the date of receipt of the request for reconsideration or expiry of the time limit for the submission of that application. ',
h) after the mouth. 7 The paragraph shall be added. 7a and 7b, as follows:
' 7a. In the case of submission, during the period for which the application for official price fixing is to be considered, applications in excess of 10% of the average number of applications on which the previous lists of official prices referred to in the art. 5 par. 4 point 1 of the Act of 5 July 2001. prices, the deadline for its consideration may be extended once by 60 days. In such a case, the Team shall immediately inform the applicant of the extension of the time limit referred to in paragraph 1. (6) The average number of applications is based on the average number of applications on which three previous lists of official prices are based.
7b. If the proposal for a change in the price for a medicine or medical device in the lists referred to in Article 36 ust. 5 points 1 and art. 37 par. 2, point 2, shall not be considered within the period referred to in paragraph 2. 6, taking into account the mouth. 7a, the proposed price shall be taken into account in the provisions adopted on the basis of art. 5 par. 4 of the Act of 5 July 2001. with prices, according to art. 5 par. 4c of this Act. ',
(i) paragraphs shall be deleted. 8,
j) paragraph 9 is replaced by the following
" 9. The Minister responsible for Health shall determine, by means of a regulation, the model of the application referred to in paragraph 1. 1, the way it is submitted and the format of the data transmitted, taking into account the provisions of paragraph 1 2, with a view to ensuring the uniformity of the scope and type of data. ';
21) after art. 39 The following Articles shall be inserted. 39a-39c as follows:
" Art. 39a. 1. A Register of Benefits, hereinafter referred to as 'the Registry', shall be established.
2. The Registers shall disclose the benefits obtained by members of the groups and teams taking part in the work on the preparation of the lists referred to in art. 36 ust. 5 points 1 and art. 37 par. 2 point 2.
3. The Registry should be notified of:
(1) all the posts and activities occupied and the activities for which remuneration is to be paid and the professional work carried out on its own account;
2) facts of material support for the public activities carried out by the notifier;
3) a donation, if its value exceeds 20% of the average remuneration in the national economy in the previous calendar year announced by the President of the Central Statistical Office on the basis of art. 20 pt. 1 lit. and the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2004 Nr 39, pos. 353, z późn. 1. 11) );
4) domestic or foreign trips, if their cost has not been covered by the declarant's information or his spouse or their employing institutions;
5. other benefits obtained, with values greater than those indicated in point 3, not related to the occupancy of posts or activities or the professional work referred to in point (1).
4. The Registry shall also report on participation in the bodies of foundations, commercial companies or cooperatives, even if no cash benefits are collected for this purpose.
5. When providing information reporting information is required to keep the greatest diligence and guide its best knowledge.
6. Information to the Registry shall be reported for each calendar year until 31 January of the following year.
7. All changes to the information covered by the Registry shall be notified no later than 30 days from the date of the existence of the circumstances causing the obligation to change the information covered by the Registry.
8. The newly appointed members of the groups and of the teams referred to in paragraph. 2, they shall report the information referred to in paragraph 1. 3 and 4, within 30 days from the day of their appointment, for the period of 12 months preceding the day of appointment.
9. The register is overt. The register shall be kept by the Minister responsible for health.
10. The Minister responsible for Health once a year shall make public in the Public Information Bulletin, the information covered by the Registry.
11. In the event of failure to notify the information to the Registry within the time limit referred to in paragraph. 6 or paragraph 8, or failure to report any changes to the data covered by the Registry within the time limit referred to in paragraph 1. 7, a member of the group or of the team referred to in paragraph 1. 2, it shall immediately refer.
12. The information referred to in paragraph. 3 and 4, shall also include information on the benefits obtained by the spouse of a member of the group or of the team referred to in paragraph 4. 2.
13. The information referred to in paragraph 1. 3 and 4, shall be kept in the Registry for 10 years from the date of appointment of a member of the group or of the team referred to in the paragraph. 2.
Article 39b. 1. Persons who are not members of the groups or teams referred to in art. 39a ust. 2, prior to the adoption of an order for the preparation of expert reports or other studies for the group or team, shall be required each time to submit to the Registry a statement containing the information referred to in art. 39a ust. 3 and 4, for the last 12 months prior to the submission of the statement.
2. Requests may be granted only to the person who has made the declaration referred to in the paragraph. 1.
3. To the persons referred to in the paragraph. 1, the provisions of art. 39a ust. 5, 10, 12 and 13 shall apply mutatis mutandis.
Article 39c. The Minister for Health shall determine by way of regulation:
1) the model of notification to the Register of information referred to in art. 39a ust. 3 and 4,
2) the model of the declaration referred to in Article 39b (b) 1,
3. mode of operation and model of the Registry
-having regard to the scope of the necessary data contained in the Registry or the statement. ';
22) art. 43 is replaced by the following
" Art. 43. 1. An operator who holds the title of "Deserved Honorary Donation" or "Deserved Transplant Donor" and presents the identity card of "Deserved Honorary Donor" or "Deserved Donor Transplant", is free of charge, up to the limit of the This is a matter of the 38 par. 1, supplies of medications included in the lists:
1) the basic and supplementary medicines referred to in art. 36 ust. 5 point 1,
2) medications that a provider holding the title of "Deserved Honorary Blood Donor" or "Deserved Transplant Donor" may use in connection with donation of blood or in connection with the donation of bone marrow or other regenerating cells and tissues, or Frequency
-on the basis of a prescription issued by a health insurance doctor or a health insurance feller or a doctor or a non-doctor or a health insurance feld, if he has the authority to pursue the profession and entered into an agreement with the Fund's voivodship, which authorises him to issue such prescriptions.
2. The person presenting the prescription for execution shall be obliged to show the document referred to in the paragraph. 1.
3. The person performing the prescription shall be obliged to record on the reverse the prescription of the number and type of document confirming the powers referred to in the paragraph. 1.
4. The Minister of Health, after consulting the President of the Fund, the Chief Medical Council and the Chief Medical Board of the Pharmacy, will determine, by way of regulation, a list of medications which the supplier holding the title of " Honorary Honorary Donor Blood "or" Deserved Transplant Donor " may be used in relation to blood donation or due to the donation of bone marrow or other regenerating cells and tissues or organs, taking into account in particular the need to ensure the protection of his health, Availability of medicines, safety of their use and ability the payment of the entity liable for the financing of public health care benefits. ';
23) in art. 44 The following paragraph shall be added. 5 in the following:
" 5. The holder of the prescription shall be obliged to record on the reverse of the prescription the number and type of document confirming the powers referred to in paragraph. 1. ';
24) in art. 45 the paragraph is added. The following shall be added:
' 5a. The holder of the prescription shall be obliged to record on the reverse of the prescription the number and type of document confirming the powers referred to in paragraph. 1. ';
25) in art. 46:
(a) paragraphs 1 is replaced by the following
" 1. Invalids of war and repressed persons, their spouses for their sole dependents and widow and widow of fallen soldiers and deceased disabled of war, and of repressed persons entitled to survivors ' pensions, free of charge supplies with drugs marked with the symbols "Rp" or "Rpz", admitted to trading on the territory of the Republic of Poland. ",
(b) the following paragraph is added 6 as follows:
" 6. The holder of the prescription shall be obliged to record on the reverse the prescription of the number and the type of document confirming the powers referred to in paragraph. 1. ';
26) after art. 47b the following Article shall be inserted. 47c as follows:
" Art. 47c. The persons referred to in art. 43 par. 1, the invalids of the war and the military and the combatants have the right to use beyond the order of health care services and the pharmaceutical services provided in pharmacies. "
27) in art. 48 (1) 4 and 5 are replaced by the following:
" 4. In the case of health programmes carried out by other than the Fund, the entities referred to in paragraph 1 shall be subject to the 1, the selection of the operator of the health programme shall be made by means of a contest of tenders, subject to separate provisions.
5. The award of the tender referred to in paragraph 5 shall be carried out. 4, the entity referred to in paragraph 1. 1, announces at its premises and on its website at least 15 days before the expiry of the designated time limit for the submission of tenders. "
28) art. 49 is replaced by the following
" Art. 49. 1. A document confirming the right of the insured person for health care services and the confirmation of the performance of health care services is a health insurance card.
2. The Health Insurance Card is an electronic type card.
3. The Health Insurance Card shall contain in particular the following data:
1) first name (s) and surname;
2) date of birth;
3) the PESEL number, and in the case of non-possession of the PESEL number-the number of the passport or other document confirming the identity;
(4) the identification number of the health insurance institution;
5) 2-character ISO 3166-1 code for the Republic of Poland;
6) the expiration date of the card;
7) the identification number of the card.
4. The function of the health insurance card may also be performed by another electronic type document, if it contains the data indicated in the paragraph. 3 points 1 to 3 and fulfil the functions referred to in paragraph 3. 1.
5. The Health Insurance Card may act as a European Health Insurance Card.
6. The health insurance card shall be issued free of charge. In case of loss of the health insurance card for issuing a new card, a fee of 1.5% of the minimum wage is collected.
7. The director of the provincial branch of the Fund may, in particularly justified cases, exempt the insured from the obligation to incur the fee referred to in the paragraph. 6. Rules of Art. 109 and 110 shall apply mutatis mutandis.
8. In the case of the use of a health insurance card or another document confirming the right to health care benefits by the person who lost that right within the validity period of the card or document, the person is obliged to return incurred by the Fund for the costs of health care benefits granted after the loss of the right to these benefits.
9. The Council of Ministers shall determine by way of regulation:
1) the model of the health insurance card and the way of its implementation, having regard to the provisions of the European Union on the model of the European Health Insurance Card,
2) model application for the issue of the health insurance card,
3) the detailed scope of the data contained on the health insurance card and their format,
4) the mode of issuing and cancelling the health insurance card
-having regard to the need to identify insured persons, to confirm the rights of insured persons for the provision of health care and the electronic confirmation of the benefits provided, the need to ensure transparency of the data contained in the card health insurance and the efficiency of the procedure on the issue and cancellation of the health insurance card.
10. The regulation referred to in paragraph 1. 9, may also specify documents that may serve as a health insurance card, taking into account the possibility of these documents being confirmed by those documents of the right to health care benefits and the function of confirmation of the provision of those benefits. "
29) Art. 51 is replaced by the following
" Art. 51. 1. In order to confirm the right to health care benefits provided to the recipient or to the person entitled to health care benefits under the rules on coordination, in accordance with the rules on coordination, in the territory other than The Republic of Poland of a Member State of the European Union or of a Member State of the European Free Trade Agreement (EFTA), a branch of the voivodship of the Fund shall issue a European Health Insurance Card or a certificate of right to those benefits.
2. The European Health Insurance Card and the certificate referred to in paragraph 2. 1, it shall be issued in accordance with the rules and within the limits laid down in the rules on coordination.
3. The certificate referred to in paragraph 1. 1 for the persons referred to in art. 66 (1) 1 point 16 and art. 67 par. 7, residing in a territory other than the Republic of Poland of a Member State of the European Union or of a Member State of the European Free Trade Agreement (EFTA), issues the Mazovian Branch of the Fund's Voivodship.
4. Provisions issued on the basis of art. 49 (1) Article 9 (4) shall apply mutatis mutandis. '
30) art. 53 is replaced by the following
" Art. 53. 1. A document confirming the right to health care benefits of a person entitled to health care benefits under the rules on coordination shall be a certificate issued by the Fund or a document confirming the right to such benefits, issued by a foreign competent institution.
2. If the certificate or document referred to in paragraph 1, will not be presented in the case of:
1) the state of emergency,
2) childbirth
-the provisions of the Article 50 par. 2-4, 6, 8 and 9 shall apply mutatis mutandis. '
31) art. 54 is replaced by the following
" Art. 54. 1. A document confirming the right to health care benefits provided by the operator referred to in Article 2. 1 point 2, is the decision of the mayor (mayor, president) of the competent municipality on the basis of the place of residence of the provider, confirming this right.
2. The decision referred to in paragraph. 1, should include the PESEL number of the provider.
3. The decision referred to in paragraph 3. 1, appears after:
1. the submission by the provider referred to in paragraph 1. 1, supporting documents:
a) possession of Polish citizenship,
(b) residing in the territory of the Republic of Poland;
2) conducting a family environmental interview;
3) statement of the fulfilment of the income criterion referred to in art. 8 of the Act of 12 March 2004. social assistance;
4) the finding of the absence of the circumstances referred to in art. 12 of the Act of 12 March 2004. of social assistance, as a result of carrying out a family environmental interview as referred to in point 2.
4. The decision referred to in paragraph 1 shall be adopted by the Commission. 1, shall be issued at the request of the provider and, in the case of emergency, at the request of the healthcare provider, immediately after the provision of the benefit.
5. Wójt (mayor, president) of the municipality competent due to the place of residence of the provider may initiate proceedings for the purpose of issuing the decision referred to in the paragraph. 1, also from the office or at the request of the competent branch of the Fund's provincial office
6. In the case of the decision referred to in the paragraph. 1, ex officio or at the request of the competent branch of the Voivodship Development Fund (mayor, president) of the municipality competent due to the place of residence of the provider is obliged to provide immediately a copy of this decision to the competent branch Voivodship Fund.
7. The right to health care benefits on the basis of the decision referred to in the paragraph. 1, shall be entitled for a period of 90 days from the date specified in the decision, which shall be:
1) the day of the application,
2) in the case of the provision of benefits in the emergency-the date of granting of the benefit
-unless during this period the operator will be covered by health insurance.
8. In the case of the decision referred to in the paragraph. 1, ex officiated by the mayor (mayor, president) of the municipality competent due to the place of residence of the recipient, the right to health care benefits shall be entitled from the date specified in the decision for a period of 90 days from that date.
9. Wójt (mayor, president) of the municipality competent due to the place of residence of the recipient, referred to in art. 7 ust. 2, it shall immediately determine the expiry of the decision referred to in paragraph 1. 1, where during the period referred to in paragraph. 7 and 8:
1) the operator will be covered by health insurance or
2) in the event of the occurrence of the circumstances referred to in the paragraph. 10.
10. The witness referred to in art. 7 ust. 2, is obliged to immediately inform the mayor (mayor, president) of the municipality competent on account of his/her place of residence o:
1) any change in the income or property situation;
2) covered by health insurance.
11. Wójt (mayor, president) of the municipality competent due to the place of residence of the provider may authorize the head of the social assistance centre to arrange matters and issue decisions on his behalf concerning the confirmation of the right to benefits health care.
12. The provisions of the paragraph. 1-11 shall not apply to medical rescue operations provided to recipients other than those insured by the units of the system referred to in Article 3. 32 par. 1 point 2 of the Act of 8 September 2006. o State Medical Rescue, in non-hospital conditions. '
32) in art. 57 in the mouth. Point 10 shall be replaced by the following:
"10) for invalid war and military invalids, repressed persons and combatants;"
33) after art. 63 The following Articles shall be inserted. 63a-63c as follows:
" Art. 63a. 1. Persons carrying out the marketing of medicinal products or medical devices and persons providing pharmaceutical services may not require or accept unjustified property benefits for themselves or a third party, in return for the execution or refraining from execution the obligation of the service, if its acquisition is directly or indirectly linked to:
1. from the level of the marketing of medicinal products or medical devices subject to the refund from public funds;
2) from such actions of those persons, which lead to an increase in the level of sale of medicines or medical devices subject to refunds from public funds.
2. The doctor of health insurance, a health insurance feller and a doctor or feller who is not a doctor or a health insurance fella, who has the authority to pursue the profession and have concluded with the Fund's provincial branch an agreement authorising the issuing of prescriptions for medicinal products subject to a public refund may not require or accept unjustified property benefits for himself or a third party, in return for execution or refraining from execution service obligation which leads to an increase in the level of sales of medicines, or medical devices subject to reimbursement from public funds.
3. The persons supplying the provider in medicines and medical devices and the healthcare provider shall not require or accept an unjustified property advantage for himself or a third party, in return for the performance or refrain from the performance of the obligation a service, if it is dependent on the purchase of a medicine or a medical device subject to public funding.
4. It is forbidden to offer, promise or grant the benefits referred to in paragraph. 1-3.
Article 63b. 1. The pharmacy manager shall be obliged, within the framework of the checks referred to in Article 189, make available to the entity responsible for the financing of health care benefits from public funds within the period specified by that entity, information on the content of each contract, including any arrangement made in any form, between Pharmacy and pharmaceutical wholesaler whose aim is to purchase medicines or medical devices.
2. In the event of a statement, on the basis of the information referred to in paragraph. 1, infringements of the provisions of Article 63a the entity obliged to finance the benefits from the public funds shall without delay notify the provincial pharmaceutical inspector and the Chief Pharmaceutical Inspector.
3. The entity implementing supplies of auxiliary products and medical devices which are orthopaedic items shall be subject to the control referred to in Article 3. 64, make available to the entity liable to finance the benefits from public funds within the period specified by that entity, information on the content of any contract, including any form of arrangement, between the entity and the supplier, whose aim is to acquire auxiliary and medical devices which are orthopaedic objects.
Article 63c. 1. An entrepreneur dealing with the manufacture or marketing of medicinal products or medical devices subject to a refund of public funds shall not:
1) to differentiate the prices of these drugs or medical devices in contracts with pharmaceutical wholesalers, including the use of arduous or non-uniform conditions of these agreements;
2) make the conclusion of the contract subject to the acceptance or fulfilment by the pharmaceutical wholesaler of another provision, not having a substantive or customary relationship with the subject of the contract.
2. Legal actions contrary to the mouth. 1 shall be in whole or in the relevant part invalid.
3. The provisions of the paragraph. 1 and 2 shall apply to contracts concluded between the operator providing supplies of auxiliary and medical devices which are orthopaedic items to suppliers of those products and products. '
34) in art. 64:
(a) in paragraph. 1 in paragraph 4, the period shall be replaced by a semicolon and shall add the following point 5:
"5. medical records relating to health care services financed by public funds.",
(b) paragraphs 4.
" 4. The control of medical records and the quality and validity of health care provided by the operator must, if necessary, commission the person who has the medical training corresponding to his or her own health care, and who is responsible for the health care of the person who is in possession the scope of the inspections carried out and, if necessary, to examine or resolve specific issues requiring specific qualifications, to appoint a specialist in the field concerned. ',
(c) after paragraph. 5 the following paragraph shall be added. 5a and 5b as follows:
' 5a. The person carrying out the check, hereinafter referred to as the 'controller', may draw up or require the provider to draw up the necessary write-downs or extracts from the documents, as well as the compilations and calculations made on the basis of the documents.
5b. Compliance with the originals of documents, prints and extracts, and the compilations and calculations referred to in art. 5a, certifies the provider or the person authorised by him. In the event of refusal, the controller shall be confirmed. ',
(d) paragraph 6 is replaced by the following
" 6. A protocol shall be drawn up in the course of the checks carried out by the controller and the provider. ',
e) after the mouth. 6 the following paragraph shall be added. 6a-6f as follows:
' 6a. The service provider may, within seven days of receipt of the audit protocol, declare a reservation in writing to that Protocol.
6b. Reservations to the control protocol shall be considered by the controller within 14 days. The controller shall carry out their analyses and, where necessary, take additional checks and, where the validity of the reservations is established, amend or supplement the relevant part of the control protocol.
6c. In the event of failure to take account of the reservations in whole or in part, the controller shall immediately forward in writing its position to the applicant.
6d. The provider may refuse to sign the protocol by submitting, within 7 days from the date of its receipt, a written explanation of the refusal.
6e. The refusal to sign the control protocol and to provide an explanation of the controller makes reference to the protocol.
6f. The refusal to sign the protocol by the provider shall not prevent the signature of the minutes from the controller and the implementation of the inspection arrangements. ",
(f) paragraph 7 is replaced by the following
" 7. The entity required to finance the public service benefits shall draw up a follow-up check containing an assessment of the activities of the healthcare provider and of the audit recommendation in the event of irregularities. '
(g) paragraph 9 is replaced by the following
" 9. The person concerned shall, within 14 days from the date of receipt of the post-review request, or from the date of receipt of the information on the disclaimer, inform the person liable to finance the benefits of the public funds at the time of the request. the manner in which the audit recommendations are carried out, and the actions taken or the reasons for not taking such action. '
35) in art. 66:
(a) in paragraph. 1:
-the following point 15a is inserted after point 15:
"15a) a jury which is not subject to a compulsory health insurance obligation for another title;",
-point 34 is replaced by the following:
" 34) farmers and their domestic farmers, who are not subject to social insurance of farmers by virtue of the Act of 20 December 1990. o social insurance of farmers, which is not subject to health insurance obligations under points 1 to 33 and 35; ',
-point 35 is replaced by the following:
"35) members of supervisory boards holding a place of residence on the territory of the Republic of Poland.",
(b) paragraphs 2.
" 2. The status of a family member of the insured person and the status of a member of the family member who is entitled to health care benefits under the rules on coordination shall be exempt from the health insurance obligation of the person referred to in paragraph 1. 1 points 17-20, 26-28, 30 and 33. '
36) in art. 68 par. 1 is replaced by the following
" 1. Person not mentioned in Article 66 (1) 1, a staff member who is on unpaid leave or a person not mentioned in the article. 66 (1) 1 to which the Article shall apply. 13 (1) 2 lithium f of Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (Dz. Urz. EC L 149 of 05.07.1971, p. 2, with late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 1, str. 35), may insure itself voluntarily on the basis of a written application filed in the Fund, if it is domicially located in the territory of the Republic of Poland. "
37) in art. 69 par. 3.
" 3. A staff member benefiting from a free leave shall lose the right to health insurance benefits after 30 days from the date of the start of the leave. "
38) in art. 73:
(a) point 17 shall be replaced by
" 17) persons referred to in art. 66 (1) 1 point 35, shall arise from the date of appointment as a member of the supervisory board, and shall expire on the date of cessation of the performance of that function; ',
(b) the following point 17a is inserted after point 17:
" 17a) of the court jurors referred to in art. 66 (1) 1 point 15a, shall arise from the day of choice for the position of the jury, and shall expire on the date of expiry of the term of office or the prior expiry of the mandate. "
39) in art. 75:
a) after the mouth. 3 The paragraph shall be added. The following shall be added:
' 3a. The persons referred to in art. 66 (1) 1 point 15a, shall report to the health insurance the court in which the juror performs his function. ',
(b) paragraphs 17 is replaced by the following
" 17. The persons referred to in art. 66 (1) 1 point 35, shall report to the health insurance of the entity in which the Supervisory Board operates. '
40) in art. 77:
(a) in paragraph. 2. the following point 4a is inserted after point 4:
"(4a) sex;",
(b) in paragraph. 3. the introduction to the calculation is replaced by the
" In the case of a declaration for health insurance of family members referred to in art. 3 para. 2 points 5 and 6, the insured person shall send to the Social Insurance Institution or the Agricultural Social Insurance Fund, respectively, the data referred to in paragraph 2. 2 and the following data concerning the family member: "
41) in art. 80 par. 2 and 3 are replaced by the following:
" 2. Farmer established in the scope of the special agricultural production departments within the meaning of the Act of 20 December 1990. the social insurance of farmers also pays for the contributions to health insurance from the declared basis of the premium dimension:
1) corresponding to the income determined for the taxation of personal income tax, in the amount not lower than the amount corresponding to the minimum wage;
(2) corresponding to the minimum wage, in the case of activities which are not subject to income tax on natural persons.
3. The basis of the contribution rate for the farmer referred to in art. 66 (1) 1 point 34, and for the household referred to in Article 1 (2) of the Regulation. 66 (1) 1 point 1 lit. b and point 34, shall be the amount corresponding to the minimum wage. "
42) in art. 81 in the mouth. 8:
(a) the following point 1a is inserted after point 1:
" 1a) persons referred to in art. 66 (1) 1 point 15a, is the amount of the diet obtained; ',
(b) point 5 shall be replaced by
" (5) the persons referred to in Article 4. 66 (1) In the case of unemployment benefit, the amount corresponding to the unemployment benefit or the grant of the unemployment benefit is the amount corresponding to the amount of the unemployment benefit; ',
(c) point 6 shall be replaced by
" 6) persons referred to in art. 66 (1) In the case of unemployment benefit, the amount of the pension is calculated on the basis of the amount of the pension, and the amount of the pension is calculated on the basis of the total amount of the pension, which is calculated on the basis of the amount of the pension.
(d) point 12 shall be replaced by
" 12) persons referred to in art. 66 (1) 1 point 35, is the amount of income within the meaning of the income tax provisions of the natural persons received from the function. "
43) in art. 82 ust. 2.
" 2. Where, under one of the titles to be covered by the health insurance cover referred to in Article 66 (1) 1 insured obtains more than one income, the contribution to health insurance is paid from each of the revenue obtained separately. "
44) in art. Paragraph 83 is deleted. 4-6;
45) in art. 84 the following paragraph shall be added. 3 as follows:
" 3. In order to pay the contribution to health insurance, the insured person mentioned in the mouth. 2 shall indicate:
1. surname and first name;
2. address of residence;
3) the PESEL number, and in the case of its unnamed-number and a series of another document confirming the identity of the insured mentioned in the mouth. 2 or the number of the document confirming his right to health care benefits under the rules on coordination and, if given, the NIP number;
4) the period to which the contribution to health insurance applies. "
46) in art. 85:
(a) paragraphs 16 is replaced by the following
" 16. As a member of the supervisory board, the contribution as a payer shall be calculated, collected from the income of the insured person and discharged by the entity in which the supervisory board is acting. ',
(b) the following paragraph is added 17 as follows:
" 17. For the person referred to in art. 66 (1) 1 point 15a, the contribution as a payer calculates, takes from the income of the insured person and discharges the court, in which the juror performs his function. "
47) in art. 87:
(a) paragraphs 7 is replaced by the following
" 7. The Social Insurance and Social Insurance Institution shall transmit to the Fund head the data on insured persons and the health insurance of the members of the insured families referred to in the Article. 188 par. In accordance with Article 4 (4), points 1, 7 to 9 and 13, and for the health insurance contributions paid for them, as provided for in the notification referred to in Article 4 (1) (a) of the Regulation 77 par. 1 and 3, and in the name of the monthly report, and the interest on late payment no later than 15 working days from the date of the impact of the contributions and the interest and documents enabling them to be determined and distributed to the insured persons. ',
(b) paragraphs 9 is replaced by the following
" 9. The Social Insurance and Social Insurance Institution shall report the data referred to in Article to the Fund's central office. 188 par. Paragraphs 1, 3, 4, 7 to 10 and 13 contained in the notification referred to in Article 4 (1), (3), (4), (7) 77 par. 1 and 3, after carrying out their verification of compliance with the data covered by the PESEL record. ',
(c) after paragraph. 10 the following paragraph shall be added. 10a and 10b as follows:
' 10a. Up to 10. on the day of each month, the authority carrying out the central PESEL record shall transmit to the Fund's headquarters in electronic form:
1) a collection of newly acquired in the previous month of the PESEL numbers and corresponding to them: names, surnames and surnames of the pedigree and an indication of the type and number of the document confirming the identity of the person concerned;
2) a collection containing the PESEL numbers and corresponding names, surnames and surnames of the pedigree of the persons whose death was reported in the previous month;
(3) information on the change of the data covered by the files referred to in points 1 and 2.
10b. The format of the transmitted data referred to in paragraph. 10a, shall be agreed by the authority carrying out the records of the PESEL and Fund numbers. '
48) in art. 97:
(a) in paragraph. 3:
-the following point 2a is inserted after point 2:
" 2a) the financing of health care benefits provided to the persons referred to in art. 12 points 2 to 4 and 6 and in Article 6 2. 1 point 3; ',
-the following point 3b is inserted after point 3a:
" (b) the financing of the health care benefits referred to in Article 3. 26; ',
(b) after paragraph. 3 adds paragraph. 3a-3c as follows:
' 3a. The tasks of the Fund are to be accounted for with the competent institutions or institutions of the place of residence in the Member States of the European Union or the Member States of the European Free Trade Agreement (EFTA):
1) the costs of health care benefits financed from the state budget from the part remaining at the disposal of the minister responsible for health, referred to in art. 11 (1) 1 point 4a,
2) the medical costs of emergency operations carried out by medical rescue teams, referred to in the Act of 8 September 2006. o State Medical Rescue, with the exception of the medical costs of rescue operations performed by aeronautical rescue teams
-in relation to the persons entitled to those benefits under the rules on coordination.
3b. The Minister for Health, after final settlement with the healthcare provider of the benefits referred to in Article 3 (2) of the Rules of the European Union. 11 (1) Article 1 (1) (a) (a) (a) (a) (a) (a) (a) (1) (a) (a) (1) (a) (a) (a) (a) The funds reimbursed by the institution of a Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA) the Fund shall transfer to the account of the minister of the minister competent for health within 14 days of the day Identify the return base.
3c. In the case of the clearing by the Fund of the costs of medical rescue operations granted to persons entitled to these benefits under the provisions on coordination by the teams of medical rescue, the Fund shall notify the competent water supply o the accounts payable to him under that title. Funds reimbursed by the institution of a Member State of the European Union or of a Member State of the European Free Trade Agreement (EFTA) the Fund shall transfer to the account of the office of the competent voyewater within 14 days from the date of identification return base. The provision shall not apply to air medical rescue teams as referred to in the Act of 8 September 2006. o State Medical Rescue. ',
(c) paragraphs 8 is replaced by the following
" 8. The Fund shall receive a grant from the State budget to finance the implementation costs of the task referred to in paragraph 1. 3 points 2a, 3 and 3b, which take account of administrative costs, subject to paragraph (a). 9. ',
(d) the following paragraph is added 9 in the following text:
" 9. The Fund shall receive a grant from the State budget for the financing of the costs of carrying out the tasks referred to in paragraph 1. 3 (3), with the exception of the costs referred to in Article 3 (3). 117 par. 1 point 1a. '
49) in art. 99:
(a) in paragraph. 1:
-the introduction to the calculation is replaced by the following
"The Board of the Fund shall be composed of ten persons appointed by the Prime Minister, with:",
-in point 6, the period shall be replaced by a semicolon and the following point 7 shall be added:
"(7) one member shall be appointed from among the candidates designated by the Minister responsible for public finance.",
(b) paragraphs 6 is replaced by the following
" 6. The members of the Fund Board shall not be simultaneously:
1) employees of the Fund;
2. the providers;
3) the owners of the pharmacy, the pharmaceutical wholesalers or the operator of the medicinal products and medical devices;
4. the holding of shares or shares in the companies engaged in the entities referred to in points 2 and 3;
5) the persons referred to in art. 112 (1) 1 points 2-8. '
50) in art. 100 in the mouth. 1:
(a) point 5 shall be replaced by
" 5) taking resolutions in cases concerning the assets of the Fund and investments exceeding the scope of the statutory mandate for the President of the Fund and the acquisition, disposal and burdens of real estate constituting the property of the Fund, as well as taking resolutions on the matters referred to in Article 129 (1) 2. ',
(b) the following point 6a is inserted after point 6:
"6a) making the selection of the statutory auditor to audit the financial statements of the Fund;"
51) in art. 102:
(a) paragraphs 3.
" 3. In the event of gross violation of statutory duties, the President of the Council of Ministers, at the request of the Minister responsible for health matters, may revoke the President of the Fund without consulting the opinion referred to in paragraph. 2. In such a case, the President of the Council of Ministers entrusts the management of the Fund to one of the deputies of the President of the Fund and shall without delay inform the Board of the appeal of the Fund, stating its reasons. ',
(b) in paragraph. 5:
-point 4 is replaced by the following:
" 4. preparation and presentation to the Fund Board of annual forecasts referred to in art. 120 (1) 1 and 3; ',
-point 11 is replaced by the following:
"(11) the drawing up of periodic and annual reports on the activities of the Fund, containing in particular information on the availability of health care services financed by the Fund;",
-the following point 21 shall be inserted after point 21:
' 21a) the carrying out of the checks referred to in Article 64 and 189, if it is apparent from the information obtained that such a check must be carried out; '
52) in art. 103:
(a) paragraphs 6 is replaced by the following
" 6. The President of the Fund and his alternates shall not be:
1) the members of the Fund Board and the Board of the Fund's provincial branch
2) employees of the Provincial branches of the Fund;
3. the providers;
4) owners or employees of a pharmacy, a pharmaceutical wholesaler or an entity producing medicinal products and medical devices;
5. the holders of shares or shares in the companies carrying out the entities providing the providers and entities referred to in point 4;
6) the persons referred to in art. 112 (1) 1 points 2 to 8. ',
(b) after paragraph. 6 the following paragraph shall be added. 6a as follows:
' 6a. The provisions of paragraph 1 shall apply mutatis mutandis to the Fund's Chief Accountant. 6 points 2 to 5. '
53) in art. 106 (1) 7 is replaced by the following
" 7. Members of the Board of the Provincial Branch of the Fund may not be simultaneously:
1) directors of provincial branches of the Fund and employees of the Fund's provincial branch;
2) the President of the Fund;
3) the Deputy President of the Fund;
4. staff of the Fund's head office;
5. the providers;
6) owners or employees of a pharmacy, a pharmaceutical wholesaler or an entity producing medicinal products and medical devices;
(7) the holders of shares or shares in the companies engaged in the entities referred to in points 5 and 6;
8) the persons referred to in art. 112 (1) 1 points 2-8. '
54) in art. 107:
(a) paragraphs 1 is replaced by the following
" 1. The director of the provincial branch of the Fund directs the provincial branch of the Fund and represents the Fund outside in the area of the property of the given branch. ",
(b) in paragraph. 5:
-point 3 is replaced by the following:
"3) preparation and presentation of the council branch of the provincial branch of the project of the financial plan of the provincial branch of the Fund for the following year;",
-the following point 20 is added:
" 20) the conclusion of a voluntary health insurance contract referred to in Article 4 (2). 68. ',
(c) paragraphs 6 is replaced by the following
" 6. The director of the provincial branch of the Fund shall not be simultaneously:
1. the President of the Fund or its deputy:
2. the Fund's chief accountant;
3. a staff of the Fund's headquarters;
4) a provider;
5) the owner or employee of a pharmacy, a pharmaceutical wholesaler or an entity producing medicinal products and medical devices;
6) the holder of shares or shares in the companies carrying out the entities providing the providers and entities referred to in point 5;
7) the person referred to in art. 112 (1) 1 points 2 to 9. '
55) in art. 108:
a) after the mouth. 1 The paragraph shall be added. 1a as follows:
' 1a. The provincial branch of the Fund shall finance the healthcare provider established in the voivodship with which the contract for the provision of health care services is concluded, the costs of health care benefits granted on the territory of a given voivodship to persons, o which are referred to in art. 12 points 2 to 4 and 6 and in Article 6 2. 1 point 3, subject to paragraph. 2. ',
(b) paragraphs 2.
" 2. Costs of medical treatment of the operator referred to in paragraph 1. 1 point 1 and in paragraph. 1a, shall be borne by the provincial branch of the Fund competent for its place of residence and, if the place of residence cannot be determined, the branch office of the Fund competent due to the place of issue of the referral referred to in art. 33 (1) 1. '
56) in art. 109:
(a) paragraphs 3.
" 3. Request for the examination of the case referred to in paragraph 1. 1, report the insured and, in the field of health insurance coverage, may report in particular the Social Insurance Institution, the Agricultural Social Insurance Fund or a family member of the insured person, also in relation to the coverage insurance in the period prior to the submission of the application. ',
(b) the following paragraph is added 6 as follows:
" 6. In the cases referred to in paragraph 1. 1, to the extent not regulated by this Act, the provisions of the Code of Administrative Procedure shall apply. "
57) in art. 112:
(a) in paragraph. 1:
-points 1 and 2 are replaced by the following:
" (1) providers who have entered into contracts for the provision of health care services or are applying for the conclusion of such contracts;
2) the owners, employees or persons cooperating with the providers who have entered into contracts for the provision of health care services or are applying for the conclusion of such contracts; ",
-the following points 8 and 9 are added:
" 8. Members, Members of the European Parliament or senators;
9) the members of the Board of the Fund and the councils of the Fund's branches. "
(b) paragraphs 2.
" 2. Staff of the Fund may not without the consent of the President of the Fund
1) take up employment with another employer;
2) perform business activity. "
58) in art. 116 in the mouth. Point 5 is replaced by the following:
" (5) grants, including targeted subsidies for the financing of the task referred to in Article 3 (2) of the EC Regulation. 97 ust. 3 points 2a, 3 and 3b; '
59) in art. 117 in the mouth. Point 4 shall be replaced by the following:
" (4) the cost of the task referred to in Article 4. 97 ust. 3 points 2a, 3 and 3b; '
60) art. 118 is replaced by:
" Art. 118. 1. The Fund's President shall draw up an annual financial plan of the Fund in terms of revenue and expenditure.
2. In the financial plan of the Fund the President of the Fund shall specify the
1) planned costs for the headquarters, including:
(a) the financing costs of the central business,
(b) provisions for the costs of carrying out the tasks resulting from the coordination provisions,
(c) provisions for the costs of the benefits referred to in Article 117 par. 1 point 1a;
2) the planned costs of individual branches of the Fund, including:
(a) the costs of financing the activities of individual
(b) reserves for the costs of health care benefits under the migration of insured persons;
3) the total revenue and costs of the Fund.
3. Planned funds to cover the costs of financing by the provincial branches of the Health Care Benefits Fund for the insured, excluding the appropriations corresponding to the revenue mentioned in art. 125, shall be shared between the Fund's voivodship branches, with:
1) the basis for the distribution of funds is the number of insured persons registered in the Fund's provincial branch, taking into account the health risks assigned to the insured person belonging to a given group separated by the structure of age and sex, as compared to a reference group;
2. the amount of the measures referred to in point 1 shall be adjusted by taking into account:
(a) the rate resulting from the differentiation of the unit cost of the health care provision,
(b) the rate resulting from the number and type of high-pectoral benefits made for insured persons registered in a given provincial branch of the Fund by the healthcare providers having contracts for the provision of health care services concluded with with that of the Fund's voivodship, in relation to the number of these benefits in total in the year preceding the year in which this plan is created.
4. The planned costs of financing the health care benefits by a given branch of the Fund's voivodship shall not be lower than the amount of financing of the health care benefits for the given branch in the previous year, planned in the financial plan, referred to in art. 121 (1) 3 and 5 and Art. 123 3.
5. In the financial plan referred to in art. 121 (1) 3 and 5 and Art. 123 3, a general reserve of 1% of the planned revenue for the health insurance premiums is created.
6. The provisions of the paragraph. 3 and 4 do not apply as regards the funds transferred to the Fund from the state budget under the provisions of the Act of 8 September 2006. o State Medical Rescue. '
61) art. 120 is replaced by:
" Art. 120. 1. The President of the Fund, in agreement with the Minister responsible for public finance and with the Minister responsible for health, shall, by 15 June, draw up an annual forecast of the revenue for the following three years.
2. Directors of the Provincial branches of the Fund shall provide information on the forecast costs of the branches by the deadline of 20 June on the basis of the forecast referred to in paragraph. 1.
3. The President of the Fund, in agreement with the Minister responsible for public finance and the minister competent for health, shall, by 30 June, draw up an annual cost estimate for the next 3 years on the basis of the information provided by the the directors of the Fund's provincial branches.
4. The President of the Fund shall, by 5 July, inform the directors of the provincial branches of the Fund of the anticipated costs of branches of the Fund's voivodships
5. The directors of the voivodship branches shall submit to the President of the Fund by 10 July, the projects of the financial plans of the Fund's branches.
(6) The forecasts referred to in paragraph 1. 1 and 3, and draft plans referred to in paragraph 1. 5, they are the basis for drawing up the draft financial plan for the following year.
7. The Social Insurance Institution, the Agricultural Social Insurance Fund, the authorities of the governmental administration, local government units, the healthcare provider and other institutions shall grant the funds necessary for the preparation of the Fund free of charge. the forecasts referred to in paragraph 1. 1 and 3. '
62) art. 121 is replaced by:
" Art. 121. 1. The President of the Fund shall draw up a draft financial plan for the Fund and submit it, for an opinion, by 15 July of the year preceding the year to which this plan relates:
1. the Council of the Fund;
2) the committee responsible for public finance affairs and the committee responsible for the health of the Sejm of the Republic of Poland.
2. The non-issuing of opinions referred to in paragraph 1. 1, within 14 days from the date of receipt of the draft financial plan, shall be tantamount to giving a positive opinion.
3. The President of the Fund after considering the opinions referred to in paragraph. 1, if they have been issued, draw up the financial plan of the Fund and forward it together with those opinions by 1 August of the year preceding the year to which the plan relates, to the Minister responsible for health.
4. The Minister of Health shall, in agreement with the Minister responsible for public finance, approve the financial plan of the Fund by 14 August of the year preceding the year to which the plan relates.
5. In the event that the President of the Fund does not submit within the period referred to in paragraph. The financial plan of the Fund, the minister responsible for health, in agreement with the minister responsible for public finance, shall determine, by way of order, the financial plan of the Fund by 14 August of the year preceding the year to which it applies. plan. "
63) art. 124 is replaced by:
" Art. 124. 1. Changes to the financial plan of the Fund may be made in the event of a situation which could not be foreseen at the time of approval or the establishment of the plan.
2. Changes to the financial plan of the Fund approved in the mode referred to in art. 121 (1) 4, the President of the Fund may be made. The provisions of Article 4 121 (1) 1-4 shall apply mutatis mutandis.
3. Changes to the financial plan of the Fund established in accordance with art. 121 (1) 5 or Art. 123 3 may make the Minister competent for health in consultation with the Minister responsible for public finance on a reasoned request of the President of the Fund. The request for amendment of the plan shall be accompanied by the opinion of the Board of the Fund, the opinions of the committee responsible for public finances and the committee responsible for health of the Sejm of the Republic of Poland.
4. The President of the Fund, after informing the Minister responsible for health and the minister responsible for public finance, may make an offset of the costs in the financial plan of the Fund's headquarters and the transfer of costs within the cost the administrative in the financial plan of the Fund and also to amend the financial plan of the funds transferred to the National Health Fund from the state budget on the basis of the provisions of the Act of 8 September 2006. o State Medical Rescue.
5. The director of the provincial branch of the Fund, after informing the President of the Fund, may make a transfer of costs within the cost of the healthcare provision and to run the reserve referred to in art. 118 (1) 2 point 2 (b), in the financial plan of the provincial branch of the Fund.
6. The President of the Fund shall decide on the activation of the general reserve after obtaining the positive opinions of the Minister responsible for health and the Minister responsible for public finance.
7. The President of the Fund shall take decisions on the activation of the reserves referred to in art. 118 (1) 2 point 1 (c) b and c, after informing the Minister responsible for Health and the Minister responsible for public finance.
8. Changes to the financial plan of the Fund referred to in paragraph 1 1-3, shall be carried out in accordance with the rules laid down in the Article. 118.
9. To the changes in the financial plan referred to in paragraph 1. 4-7, and to amend the financial plan resulting from the art. 129 (1) Articles 3 and 4 shall not apply to the provisions of Article 3. 118 (1) 3 and Art. 121.
10. Where, in a given financial year, the amount of the costs referred to in Article 117 par. 1 point 1a, is higher than the amount of the reserve referred to in Article 1. 118 (1) 2 point 1 (c), the difference shall be covered by the general reserve of the Fund.
11. Where, in a given financial year, the amount of the costs referred to in Article 117 par. 1 point 1a, is lower than the amount of the reserve referred to in Article 1. 118 (1) Article 2 (1) (c), the difference shall be allocated to an increase in the amount of that reserve in the following financial year. '
64) art. 125 is amended as follows:
" Art. 125. Revenue of the Fund:
1. not included in the financial plan as determined in accordance with Article 3 (1) of the 121 (1) 3, para. 5 or of art. 123 3:
(a) for surplus revenue over the cost of correcting the costs of health care benefits from previous years,
(b) in excess of the excess revenue over the costs of financial activities,
2) coming from grants intended to finance health care benefits
-in the section concerning the provincial branch of the Fund shall be allocated to cover the costs of health care benefits in this branch of the Fund. "
65) Art. 126 is replaced by the following
" Art. 126. 1. The Director of the provincial branch of the Fund shall draw up an annual report on the implementation of the financial plan of the Fund
2. The report referred to in paragraph 2. 1, shall be subject to approval by the Board of the provincial branch of the Fund after carrying out the examination of the report referred to in art. 128 (1) 4, by a certified auditor. '
66) art. 129 is amended as follows:
" Art. 129. 1. The approved net profit for the financial year shall be for:
1) coverage of losses from previous years;
(2) the backup fund.
2. The Board of the Fund shall decide on the coverage of net loss or the purpose of net profit, taking into account the priority to cover losses from previous years, shall be decided by the Fund. The resolution of the Board of the Fund may be taken after obtaining a favourable opinion of the Minister responsible for public finances and the Minister responsible for health regarding the distribution of net profit or covering the net loss.
3. In the case of adoption by the Board of the Fund of a resolution providing for the purpose of the net profit for a given financial year to the backup fund, the President of the Fund may amend the financial plan for the year in which the distribution of the profit is made, providing for the an increase in the planned costs of healthcare services by an amount not greater than the amount of the backup fund. In this case, the provision of art. 118 (1) 1 shall not apply.
4. In the event of the revision of the financial plan of the Fund referred to in paragraph 1. 3, when determining the amount of funds transferred to individual branches of the Fund for the financing of health care benefits shall be taken into account the financial results of the Fund's branches for a given financial year.
5. In the case referred to in paragraph. 3, and in the case of the destination of the reserve referred to in Article 3. 118 (1) 2 point 1 (c), according to the Article 124 (1) 11, provision of art. 118 (1) 1 shall not apply.
6. When applying art. 118 (1) 4 to the financial plan for the following year, no account shall be taken of the funds transferred to the Fund's branches in accordance with the paragraph. 3 and 4 and the funds transferred to the Fund's voivodship branches at the activation of the reserve referred to in art. 118 (1) 2 point 1 (c)
67) in art. 130:
(a) paragraphs 1 is replaced by the following
" 1. President of the Fund, on the basis of the reports referred to in art. 126, draw up an annual report on the implementation of the Fund's financial plan, not later than 6 months after the end of the year to which the report relates. ',
(b) the following paragraph is added 4 as follows:
" 4. Failure to deliver the opinion referred to in paragraph 1. 3, within 14 days from the date of receipt of the draft report is tantamount to issuing positive opinions. "
68) in art. 135 par. 2.
" 2. The Fund shall implement the principle of transparency of contracts by posting on its website the information on each contract concluded, taking into account the maximum amount of the Fund's commitment to the healthcare provider resulting from the contract, type, number and the prices of the benefits purchased or the type of benefits purchased, the number of units of account (the measure taken to determine the value of the health care provision in a particular range or type, in particular: point, advice, personality) expressing the value of the benefit and the price of the unit of account, as well as the maximum amount of the Fund's commitment to the healthcare provider arising from all the contracts concluded. '
69) in art. 136:
(a) point 3 shall be replaced by
"(3) the list of subcontractors and the requirements other than technical and sanitary subcontractors, as specified in separate provisions;",
(b) point 7 shall be replaced by
"7. an order to terminate the contract, which may occur with a prior notice period of not less than 3 months, unless the parties agree otherwise;"
70) after art. 136a the following shall be inserted. 136b as follows:
" Art. 136b. 1. The healthcare provider is subject to the obligation to insure civil liability for damage caused by the provision of health care services under the provision of care services. health.
2. The Minister responsible for financial institutions in agreement with the Minister of Health, after consulting the authorities of the medical professions and the Polish Chamber of Insurance, will determine, by way of regulation, the detailed scope of the of the compulsory insurance referred to in paragraph 1. 1, the term of the insurance obligation and the minimum guarantee sum, taking into account, in particular, the specificity of the profession and the scope of the tasks to be performed. ';
71) in art. 137:
(a) paragraphs 1 is replaced by the following
" 1. The President of the Fund, having regard to the provisions of this chapter and the separate provisions, shall prepare a draft of the general terms and conditions of the contracts for the provision of health care services containing in particular the types of health care benefits, the financing and the conditions for granting them. ',
(b) after paragraph. 1 The paragraph shall be added. 1a as follows:
' 1a. The project referred to in paragraph 1. 1, does not concern the setting of standards of conduct and medical procedures, which are determined by the minister competent for health on the basis of separate regulations. ",
(c) paragraphs 2.
" 2. The President of the Fund shall, not later than 15 April, forward the draft referred to in paragraph 1. 1, the Supreme Medical Council, the Supreme Council of Nurses and Poodles and representative organisations of the healthcare providers. ',
(d) paragraph 6 is replaced by the following
" 6. The project referred to in paragraph 1. 1, shall be subject to agreement with the entities referred to in paragraph 1. 2, in negotiations mode no later than 31 May. The project shall be deemed to have been agreed if the representatives of all the parties involved in the negotiations lay down their own signatures. ',
(e) paragraph 10 is replaced by the following
" 10. In the event of failure to agree on the draft referred to in paragraph. 1, within the time limit referred to in paragraph 1. 6, the Minister responsible for Health will determine, by way of regulation, the general terms and conditions of the contracts for the provision of health care services, guided by the good of the recipients and the need to ensure the proper implementation of the contracts, as well as on the basis of the notice of the content of the agreed terms of the project submitted by the President of the Fund to the Minister of Health competent for health. ',
(f) paragraph 12 is replaced by the following
" 12. In the case referred to in paragraph. 9, the amendment of the general terms and conditions of contracts for the provision of health care services shall be made in accordance with the procedure laid down 1-9, not more than once every 2 years, except for the existence of a significant change in the socio-economic determinants of the provision of health care benefits or found irregularities in the implementation of those agreements resulting from the provisions issued on Paragraph 1. 9. ';
72) in art. 146 of the current content is meant as a paragraph. 1 and adds paragraph. 2 and 3 as follows:
" 2. The President of the Fund shall, before determining the subject matter of the procedure for the conclusion of a contract for the provision of health care services, the criteria for assessing the tenders and the conditions required by the providers, shall consult the competent national consultants.
3. The opinion referred to in paragraph 1 2, shall be provided by the national consultant to the President of the Fund within the time limit set by him, but not less than 14 days. Failure to submit an opinion within this time limit shall be tantamount to giving a positive opinion. ';
73) in art. 149 (1) 1 is replaced by the following
" 1. The offer is rejected:
1) submitted by the provider after the deadline;
2) containing untrue information;
3) if the provider has not specified the object of the offer or has not provided the proposed number or the price of the health care benefits;
4) if it contains a grossly low price in relation to the subject of the contract;
5) if it is invalid on the basis of separate provisions;
6) if the provider has submitted an alternative offer;
7) if the tenderer or tender does not meet the required conditions specified in the provisions of the law and the conditions specified by the President of the Fund on the basis of art. 146 (1) 1 point 3;
8) submitted by the provider, with whom it has been terminated by the branch of the Fund's voivodship conducting the contract for granting health care services in a particular type or scope in immediate mode for reasons of the following the party of the healthcare provider. ';
74) in art. 150 par. 1 is replaced by the following
" 1. The director of the provincial branch of the Fund shall invalidate the proceedings on the conclusion of a contract for the provision of health care services when:
1) no offer has been received;
2) one offer not subject to rejection has been received, subject to the paragraph. 2;
3) all bids have been rejected;
4) the amount of the most favourable offer exceeds the amount which the Fund has allocated to the financing of health care services in the course of the proceedings;
(5) there has been a significant change in the circumstances in which the conduct of the proceedings or the conclusion of the contract is not in the interest of the insured, which could not have been foreseen beforehand. ';
75) in art. 153 (1) 3.
" 3. The Commission shall examine and resolve the protest within 7 days from the date of its receipt and shall give a written reply to the protest. Failure to take account of the protest needs to be justified. ';
76) art. 154 is replaced by:
" Art. 154. 1. The provider taking part in the proceedings may bring to the Director of the Fund's branch office, within 7 days from the day of the announcement of the decision of the proceedings, the appeal concerning the decision of the proceedings. The appeal before the date is not subject to consideration.
2. The appeal shall be considered within 7 days from the date of its receipt. The lodging of the appeal shall withhold the conclusion of the contract for the provision of health care until it has been examined.
3. After consideration of the appeal, the director of the provincial branch of the Fund shall issue an administrative decision taking into account or dismiss the appeal. The decision shall be posted within 2 days from the day of its issue, on the bulletin board and on the website of the competent provincial branch of the Fund.
4. From the decision of the director of the provincial branch of the Fund shall have recourse to the President of the The appeal shall be lodged by the Director of the Fund's competent provincial branch.
5. The provider shall bring the appeal referred to in paragraph 1. 4, within 7 days from the date of receipt of the decision of the Director of the Branch Office of the Fund.
6. The President of the Fund shall consider the appeal referred to in paragraph. 4, within 30 days from the date of its receipt and issue an administrative decision on the matter. The decision of the President of the Fund shall be immediately executed.
7. In the event of taking into account the appeal referred to in paragraph. 4, the procedure for the conclusion of a contract for the provision of health care services shall be carried out again. The following shall apply mutatis mutandis to the reconduct of the proceedings. 144 points 1 and art. 145.
8. From the decision referred to in paragraph. 6, the healthcare provider shall be entitled to an administrative court. ';
77) in art. 158 (1) 2.
" 2. Where the amendments referred to in paragraph are necessary. 1, the contract in the new wording shall apply until the time of providing the benefits on the basis of a new procedure for the conclusion of the contract. ";
78) in art. 161:
(a) paragraphs 2.
" 2. The complaint referred to in paragraph 1. 1, shall be submitted together with the justification through the appropriate locality of the Fund's voivodship within 14 days from the date of the operation by the Director of the Fund's voivodship branch. ",
(b) after paragraph. 2 The following paragraph shall be added. 2a as follows:
' 2a. The President of the Fund shall, taking into account the complaint in part or in whole, impose an obligation on the Director of the Fund's branch of the Fund to remedy the irregularities found, in particular by repealing the action concerned by the complaint and shall notify the Commission of the a service provider within 7 days having regard to the complaint. ',
(c) paragraphs 3.
" 3. In the event of failure to take account of the complaint by the President of the Fund in part or in full, the healthcare provider shall have a request for reconsideration. ',
d) after the mouth. 3 The paragraph shall be added. 3a-3c as follows:
' 3a. The proposal referred to in paragraph 1. 3, the provider may submit to the President of the Fund within 14 days from the date of receipt of the President's position for the complaint lodged by the provider.
3b. The request for reconsideration shall be dealt with by the President of the Fund within 14 days from the date of its receipt.
3c. The complaint shall not be granted for reconsideration. ';
79) in art. 165:
(a) in paragraph. 1. the following point 5 is added:
" 5) requests made available by the entity referred to in Article 163 (1) For the purposes of this Article 1 (4), any information, documents or explanations relating to the refund of medicines.
(b) paragraphs 3.
" 3. If it is established, on the basis of the information obtained, the explanations and the documents referred to in paragraph 1. 1, cases of breaches of the law, the statutes of the Fund or the interest of the recipients of the minister competent for health shall notify the Fund, the provider, the entity referred to in Article. 163 (1) 1 point 3, or a pharmacy with irregularities found and issues recommendations aimed at removing the identified irregularities and adapting the activity of the notified entity to the provisions of the law, setting a time limit for the removal of the found irregularities and adaptations of the activity to the provisions of the law. ',
(c) paragraphs 5.
" 5. Within 3 days from the date of expiry of the time limit set for the removal of irregularities, the Fund, the operator, the entity referred to in Article 163 (1) 1 point 3, or the pharmacy shall inform the Minister responsible for health in writing about the manner in which the irregularity was removed. ';
80) Art. 167 is replaced by:
" Art. 167. 1. In the event of a breach of the law, the statutes of the Fund or the interests of the recipients, and in the event of refusal to provide explanations and information referred to in art. 128 (1) 5 and in art. 165 par. 1 points 1 to 4, the minister competent for health may impose on the President of the Fund or the Deputy President of the Fund or the Director of the Fund's provincial branch responsible for these violations or failure to provide explanations and information, the penalty payment in up to three times the monthly salary of that person, calculated on the basis of the salary for the last three months preceding the month in which the penalty was imposed, irrespective of any other supervision measures provided for in the law.
2. In the event of a breach of the law or interests of the recipients, and in the case of refusal to provide explanations and information referred to in art. 165 par. In accordance with Article 1 (1) (5), the Minister responsible for health may impose a monetary penalty on the pharmacy of up to three times the average salary. ';
81) in art. 170 of the current wording is meant as a paragraph. 1 and the following paragraph shall be added. 2 as follows:
" 2. In the event that the pharmacy is not removed by the pharmacy within the prescribed period of irregularity, the Minister responsible for Health may impose a pecuniary penalty on the pharmacy of up to three times the average remuneration. ';
82) art. 171 is replaced by:
" Art. 171. 1. If it is established on the basis of the information obtained, the explanations or documents referred to in Article 165 par. 1 points 1 to 4, gross violation of the law or gross violation of the interests of the recipients by the provider or entity referred to in art. 163 (1) In accordance with Article 1 (1) (3), the Minister responsible for Health may impose a pecuniary penalty on those entities up to the monthly value of the agreement between those entities and the Fund to which the irregularity relates.
2. In the case of a statement on the basis of the information obtained, the explanations or documents referred to in Article 165 par. 1 point 5, a gross violation of the law or a flagrant violation of the interest of the recipients by a pharmacy minister competent for health may impose a pecuniary penalty on the pharmacy of up to six times the average salary. ';
83) art. 172 is replaced by:
" Art. 172. In the cases referred to in Article 170 par. 1 and Art. 171 The minister competent for health may apply to the director of the Fund's branch of the Fund for termination of the contract with the provider or entity referred to in art. 163 (1) 1 point 3. ';
84) in art. 173:
(a) in paragraph. 1 in point 3, the period shall be replaced by the semicolon and the following point 4 shall be added:
"4) pharmacies, in respect of the refund of medicines.",
(b) paragraphs 3.
" 3. The Minister responsible for health in the authorization to carry out the checks shall specify the subject matter and scope of the checks and indicate the person authorised to carry out the inspection, hereinafter referred to as 'the controller'. ',
(c) after paragraph. 4 The paragraph shall be added. 4a as follows:
' 4a. The controllers, to the extent determined in the authorisation of the Minister responsible for health, shall have the right to:
1) access to all premises of the controlled entity;
2) free access to:
(a) a separate office space, intended solely for the purpose of carrying out tasks by the controller,
(b) communication means;
3) inspection of any documents of the controlled entity and the request for the preparation of copies, copies and extracts from these documents;
4) insight into the data contained in the IT system of the audited subject and the request to draw up copies or extracts from these data, including in electronic form;
5) requests of oral or written explanations from persons remaining in the employment relationship, order or other legal relationship of a similar nature with a controlled entity, including in electronic form;
6) request the transfer of necessary data or compiling the data sets, including in electronic form;
7) security of documents and other evidence. ",
(d) the paragraph is deleted. 10;
85) after art. 179 the following is added. 179a as follows:
" Art. 179a. The provisions of Article 4 173-179 shall apply to the checks carried out by the Minister responsible for public finance. ';
86) in art. 181 par. 2.
" 2. In the cases referred to in Article 163 (1) 2, art. 164, art. 165 par. 3, art. 167, art. 170 and 171, the minister responsible for health issues administrative decisions. ';
87) art. 187 is amended as follows:
" Art. 187. 1. The President of the Fund shall present annually to the Minister for Health and the Minister responsible for public finance, not later than 30 June of the following year, the annual activity report adopted by the Fund by the Fund. Fund.
2. The Minister of Health shall present to the Sejm of the Republic of Poland, no later than 31 August of the following year, the annual report of the Fund's activities referred to in paragraph. 1, following an opinion of the report by the Minister responsible for public finance, together with his position on the report. ';
88) in art. 188:
(a) in paragraph. 1 the introduction to the calculation is replaced by the following
"The Fund shall be entitled to the processing of personal data insured in order to:",
(b) after paragraph. 1 The paragraph shall be added. 1a and 1b as follows:
' 1a. The Fund shall be entitled to process the personal data of persons referred to in art. 2. 1 point 2, in order to:
1) accounting with the healthcare providers;
2) the clearing of the grant referred to in art. 116 (1) 1 point 5;
3) control the observance of the principles of legality, the economy, the reliability and the advisability of the financing of the provided health care benefits;
4) control of the nature, scope and causes of health care benefits provided.
1b. The Fund shall be entitled to process the personal data of persons referred to in Art. 2. In order to account for the costs of the refund of medicines, 1 point 3. ',
(c) in paragraph. 2. the introduction to the calculation is replaced by the
"The Fund shall be entitled to process the personal data of persons entitled to health care benefits on the basis of the provisions on coordination and international agreements in order to:",
d) after the mouth. 2 The following paragraph shall be added. 2a as follows:
' 2a. The Fund shall be entitled to obtain and process personal data related to the implementation of tasks specified in Art. 97 ust. 3 points 2 and 3a. ',
(e) in paragraph. 3:
-the introduction to the calculation is replaced by the following
'The Minister responsible for Health is entitled to the processing of personal data:'.
-the following point 3 is added:
" 3) persons referred to in art. 2. For the purposes referred to in paragraph 1, points 2 and 3, for the purposes referred to in paragraph 1, 1 points 4 to 8. ',
(f) in paragraph. 4:
-paragraph 6 shall be repealed,
-points 15 and 16 are replaced by the following:
" (15) the type of authority and the number and period of validity of the document confirming the rights of the persons referred to in Article 4. 43 par. 1, art. 44 par. 1, art. 45 par. 1 and Art. 46 (1) 1, as well as persons holding on the basis of separate provisions the broader entitlement to health care benefits than those resulting from the Act;
16) concerning the provided health care benefits to the recipients referred to in art. 2. 1 point 3; ',
-in point 21, the period shall be replaced by a semicolon and shall add points 22 to 27, as follows:
" 22) the date of the notification to health insurance;
23) the date of the unenrollment from health insurance;
24) the period for which the contribution to health insurance was paid;
25) data on the payment of the premium for health insurance;
26) the type of document entitling to health care benefits;
27) date of death. ';
89) after art. 188 shall be inserted in Article 6. 188a as follows:
" Art. 188a. In order to carry out the tasks defined in the Act, the Fund shall be entitled to process the following personal data of persons providing benefits under the contracts for the provision of health care services and applying for the conclusion of such contracts:
1. surname and first name (s);
(2) the family name;
3) the PESEL number, and in the absence of it-the number of the document confirming the identity;
4) number of the right to pursue the profession-in the case of persons to whom this number has been given;
5) concerning the professional competences relevant to the provision of health care benefits under the agreement with the Fund. ";
90) in art. 190:
(a) paragraphs 1 is replaced by the following
" 1. The Minister responsible for Health, after consulting the President of the Central Statistical Office, the President of the Fund, the Chief Medical Council and the Supreme Council of Nurses and Po³onists, will determine, by means of a regulation, the scope of the necessary information the information collected by the providers, including the calculation of the average waiting time for the provision of health care, a detailed way of recording this information and the transmission of the information to the Minister responsible for health, Fund or other body responsible for the financing of benefits from public funds, including the types of information media used and document models, taking into account the scope of the tasks carried out by those entities and taking into account the need to protect personal data. ',
(b) paragraphs shall be deleted. 4;
91) after art. 192 is inserted. 192a, as follows:
" Art. 192a. In order to confirm the provision of health care benefits, the Fund may ask the provider to provide information on the health care benefits provided to him. ';
92. in Chapter IX, an Article shall be added. 192b and 192c as follows:
" Art. 192b. 1. Who, by marketing medicines or medical devices, or by providing pharmaceutical services, or with an authorisation to issue prescriptions for medicines subject to public refund or having, as the case may be, or in the case of a person in a position to be taken up functions, significant influence on the taking of decisions relating to the supply of the healthcare provider in medicines or medical devices, demand or accept an unjustified property advantage for himself or a third party, or her promise in exchange for performance or to refrain from carrying out a service obligation which leads to unjustified the increase in the level of sales of medicinal products or medical devices subject to a public refund,
shall be punished by imprisonment from 3 months to the age of 5.
2. The same penalty shall be subject to, who in the cases referred to in the paragraph. 1 offers, grants, or promises to grant an asset benefit.
3. In the case of a lesser weight, the perpetrator of the act referred to in paragraph. 1 or 2
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.
4. The perpetrator shall not be punished by the offence referred to in paragraph 4 2 or 3 in connection with the mouth. 2, if the property advantage or its promise was accepted, and the perpetrator notified the body of the criminal prosecution of the criminal offence and disclosed all the relevant circumstances of the crime before the authority knew about it.
Art. 192c. 1. Who, in dealing with the manufacture or marketing of medicinal products or medical devices subject to a public refund, differentiates the prices of those medicines and medical devices in contracts with pharmaceutical wholesalers, including the use of burdensome or the non-uniform conditions of such contracts or addiction to the conclusion of a contract from the acceptance or fulfilment by a pharmaceutical wholesaler of another provision, not in kind or customary relationship with the subject matter of the contract,
shall be punished by imprisonment from 3 months to the age of 5.
2. The same penalty shall be subject to, who in the cases referred to in the paragraph. 1 offers, grants, or promises to grant an asset benefit.
3. In the case of a lesser weight, the perpetrator of the act referred to in paragraph. 1 or 2
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.
4. The perpetrator shall not be punished by the offence referred to in paragraph 4 2 or 3 in connection with the mouth. 2, if the property advantage or its promise has been accepted, and the perpetrator has notified the body set up for the prosecution of the criminal offences and disclosed all the relevant circumstances of the offence before the authority has learned about it. ";
93. in the Annex hereto. 2:
(a) in point 1 (a) and is replaced by the following
'(a) treatment of epilepsy by means of erroneous nerve pacemaker implantation, except where this is the only possible therapeutic method,',
(b) in point 9, a point is added. o-t in the following wording:
" (o) colorectal cancer for preoperative evaluation of the advancement and early diagnosis of relapse,
(p) oesophageal cancer in order to assess prior to treatment and early detection of the oesophagy
(r) head and neck tumours for early diagnosis of relapse,
s) malignant tumors of the brain in the early diagnosis of recurrence for the determination of the biopsy site,
(t) melanoma in order to qualify for single tumour surgery if the thickness of the change exceeds 1,5 mm. '.
Article 2. [ Law on combatants and certain persons who are victims of war repression and post-war period] In the Act of 24 January 1991 about combatants and some individuals who are victims of war repression and post-war period (Dz. U. of 2002. Nr 42, pos. 371, as of late. 1. 12) ) art. 18 is replaced by the following
" Art. 18. Combatants and other eligible persons shall enjoy priority to the environmental welfare of the place of residence, in obtaining places in the homes of social assistance, in particular in houses intended for combatants. '.
Article 3. [ Health Care Facilities Act] In the Act of 30 August 1991. o health care facilities (Dz. U. 2007 No 14, pos. 89 and No. 123, pos. 849) is amended as follows:
1) in art. 54:
(a) paragraphs 2.
" 2. The tasks referred to in paragraph 1. 1 points 1, 2 and 5, may be financed from public funds remaining at the disposal of the Minister responsible for the health, the entity which established the establishment, and the local or regional authorities or other entities entitled under separate provisions. ',
(b) after paragraph. The following paragraph shall be added. 2b as follows:
' 2b. The agreements referred to in paragraph 1. 1 point 1 may also be concluded by an insurance undertaking acting on the basis of the Act of 22 May 2003. about insurance activities (Dz. U. Nr 124, pos. 1151, from late. 1. 13) ). ';
2. in Art. 67 The following paragraph shall be added. 6-10 as follows:
" 6. In the event that the Minister for Health has informed the competent health authorities of the occurrence of circumstances which threaten to ensure access to certain public health care services financed by public funds, the supervising operator imposes on the undertaking health care must be taken within a certain period of time to ensure that they are able to access those benefits.
7. The supervising entity shall inform the Minister responsible for health and the director of the provincial branch of the National Health Fund competent due to the seat of the health care facility of the actions taken and the state of their implementation.
8. The remuneration for the provision of the benefits referred to in paragraph 6, is fixed at the level of remuneration resulting from contracts for the provision of health care benefits in a given type of benefits in the previous year.
9. In order to obtain the remuneration referred to in paragraph. 8, the provider submits an application to the provincial branch of the National Health Fund together with a list of the health care benefits provided.
10. The costs of the health care benefits referred to in the paragraph. 6, cover the branch of the voivodship of the National Health Fund, up to the amount of funds earmarked for this purpose in the financial plan. ".
Article 4. [ The Act on Official Statistics] In the Act of 29 June 1995. o public statistics (Dz. U. Nr. 88, pos. 439, with late. 1. 14) ) in Article 25 in the mouth. 1 the following point 3a is inserted after point 3:
"3a) annual preparation and publication in the Official Gazette of the Republic of Poland" Monitor Polski "National Health Account,".
Article 5. [ Act on the professions of the doctor and dentist] In the Act of 5 December 1996. about the professions of a doctor and a dental practitioner (Dz. U. of 2005 No. 226, pos. 1943, with late. 1. 15) ) in Article 2. 3.
" 3. In order to pursue the profession of a doctor, it is also considered that a doctor will conduct research work in the field of medical sciences or health promotion, the teaching of a doctor's profession or employment in entities obliged to finance health care benefits from public funds within the meaning of the provisions of the Act of 27 August 2004. on health care services financed from public funds (Dz. U. Nr. 210, pos. 2135, with late. 1. 16) ) and/or offices of those entities operating in which activities are carried out in relation to the preparation, organisation or supervision of the provision of health care benefits.
Article 6. [ The Act on Public Blood Service] In the Act of 22 August 1997. o public blood service (Dz. U. No. 106, pos. 681, 1998 Nr 117, pos. 756, 2001 Nr 126, pos. 1382 and 2003 No. 223, item. 2215) art is repealed. 10.
Article 7. [ Law on Prices] In the Act of 5 July 2001 about prices (Dz. U. Nr 97, pos. 1050, with late. 1. 17) ) the following amendments shall be made:
1) in art. 5:
(a) paragraphs 4.
" 4. The Minister responsible for Health in consultation with the Minister responsible for public finance, after consulting the President of the National Health Fund, will determine, by way of regulation, a list containing the official wholesale and retail prices in the reference to medicinal products and medical devices referred to in paragraph 1. 1, taking into account the positions expressed by the Team referred to in art. 7 ust. 1, and with a view to balancing the interests of consumers and entrepreneurs involved in the production and marketing of these products and products and taking into account the payment possibilities of the National Health Fund, based on the criteria set out in art. 7 ust. 3. ',
(b) after paragraph. 4 The paragraph shall be added. 4a-4c as follows:
' 4a. The Minister for Health in consultation with the Minister responsible for public finance, after consulting the President of the National Health Fund, will determine, by way of regulation, a list of official wholesale prices for the products medical devices and medical devices referred to in the paragraph. 2, if they are acquired by a treatment establishment closed under the rules laid down in the Article 42 par. 1 point 1a of the Act of 6 September 2001. -Pharmaceutical law (Dz. U. of 2004 Nr 53, poz. 533, with late. 1. 18) ) or directly from the pharmaceutical wholesalers, with a view to balancing the interests of consumers and entrepreneurs involved in the production and marketing of these products and products and taking into account the payment capabilities of the National Health Fund, on the basis of the criteria laid down in Article 7 ust. 3 points 1 to 8.
4b. The list referred to in paragraph 1. 4, it shall be updated at least every 90 days if at least one complete application referred to in Article 4 has been received. 6 para. 1 point 2.
4c. In the event of the existence of the circumstances referred to in Article 39 (1) 7b of the Act of 27 August 2004. on health care services financed from public funds, the Minister for Health shall immediately take steps to update the list referred to in paragraph 1. 4. ';
2. in Art. 6 after the mouth. 1 The paragraph shall be added. 1a-1c as follows:
' 1a. Submission of an application or of the information referred to in paragraph 1. 1, shall be subject to a fee of PLN 400, which is the valorised in each year forecast by the average annual price index of consumer goods and services, adopted in the Budget Act.
(1b) Supplementary of the application or information referred to in paragraph 1. 1, shall be subject to a fee of PLN 200, which is the valorised in each year forecast by the average annual price index of consumer goods and services, adopted in the Budget Act.
1c. The fees referred to in paragraph 1. 1a and 1b shall be paid to the account of the office serving the Minister responsible for health and shall constitute the revenue of the State budget. ';
3) in art. 7:
(a) paragraphs 2.
" 2. The assembly shall consist of three representatives of the Minister responsible for health, the minister responsible for public finance and the minister responsible for economic affairs. Three representatives of the National Health Fund may participate in the work of the Team, selected in accordance with the provisions of the provisions adopted on the basis of the paragraph. 8 point 4. Members of the Team, their spouses, descending and preliminary in a straight line, and persons with whom the members of the Team remain in personal relations of such a nature that they could cast doubt on their impartiality, and persons who are not members of the team The team, which has been commissioned to prepare expert opinions and other studies for the Team, may not own, hold shares or shares and sit on the bodies of companies and companies involved in the manufacture and marketing of medicinal products and medical devices. ',
(b) after paragraph. 7 The paragraph shall be added. 7a-7c as follows:
' 7a. Reconsidering the request or information referred to in Article 6 para. 1, and the request referred to in art. 39 (1) 1 of the Act of 27 August 2004. on health care services financed from public funds, the Minister responsible for health may:
1. determine the official price of the medicine or medical device by placing it in the lists referred to in Article 4 (1). 5 par. 1,
2) refuse to determine the official prices of the medicine or medical device and do not place it on the lists referred to in art. 5 par. 1, taking into account the payment capabilities of the entity liable to finance the public benefits and the criteria referred to in art. 7 ust. 3,
3. amend the official prices of the medicine or medical device on the lists referred to in Article 3 (3). 5 par. 1,
4. refuse to change the official prices of the medicinal product or medical device on the lists referred to in Article 4 (4). 5 par. 1, taking into account the payment capabilities of the entity liable to finance the public benefits and the criteria referred to in art. 7 ust. 3.
7b. The Minister responsible for Health shall issue a decision in the case referred to in paragraph. 7a (2) and (4).
7c. From the decision of the Minister responsible for the health referred to in paragraph. 7b, there shall be a complaint to the administrative court. '.
Article 8. [ Pharmaceutical law] In the Act of 6 September 2001. -Pharmaceutical law (Dz. U. of 2004 Nr 53, poz. 533, with late. 1. 19) ) the following amendments shall be made:
1) in art. 28 para. 1 is replaced by the following
" 1. A medicinal product authorised on the basis of the authorisation referred to in Article 7 ust. 2, shall be subject to the entry into the Register of Medicinal Products authorised for the Defence in the territory of the Republic of Poland, hereinafter referred to as the 'Register'. ';
2. in Art. 103 in the mouth. 2. the following point 4a is inserted after point 4:
"(4a) the pharmacy shall, except in the case of the Pharmaceutical Inspection and the National Health Fund, transmit data for the identification of the individual patient, doctor or healthcare provider."
Article 9. [ Law on the liability of collective entities for acts prohibited under threat of punishment] In the Law of 28 October 2002 the liability of collective entities for acts prohibited under the threat of punishment (Dz. U. No 197, pos. 1661, of late. 1. 20) ) in Article 16 in the mouth. Point 3 shall be replaced by the following:
" 3) of the bribery and the payment of the prosthesis, as defined in:
(a) Article 228-230a, art. 250a, art. 296a and art. 296b of the Penal Code,
(b) Article 192b and art. 192c of the Act of 27 August 2004. on health care services financed from public funds (Dz. U. Nr. 210, pos. 2135, with late. 1. 21) ); '.
Article 10. [ Law on the State Medical Rescue] In the Act of 8 September 2006. o State Medical Rescue Agency (Dz. U. Nr. 191, pos. 1410 and 2007 Nr 89, pos. 590) art is repealed. 7.
Article 11. [ The Act on the amendment to the Act on Public Health Care Benefits and the Act on Compulsory Insurance, Security Guarantee Fund and the Polish Office of Communications Ininsurers] In the Act of 29 June 2007. amending the Act on the benefits of health care financed from public funds and the Act on compulsory insurance, the Insurance Guarantee Fund and the Polish Office of Communications Ininsurers (Dz. U. Nr 133, pos. 922) in art. Point 2 and point 5 to 7 shall be repealed.
Article 12. [ Consideration of applications] 1. Applications submitted by 31 December 2007 in accordance with the provisions of Article 25 and 26 of the Act referred to in art. 1, in the current version, shall be considered in accordance with the rules laid down in the provisions of Article 4 (1). 25 and 26 of the Act referred to in art. 1, as amended by this Act.
2. In the case referred to in paragraph. 1 by the provisions required in accordance with the provisions of Article 26 of the Act referred to in art. 1, in the wording of the previous one, obtaining the consent of the minister competent for health matters, shall be understood to obtain the consent of the President of the National Health Fund. Whenever the substance of the application is concerned, the Minister responsible for health is understood by the President of the National Health Fund.
3. The applications referred to in paragraph 1. 1, submitted to the Minister responsible for health and not patted before 31 December 2007. will be immediately submitted for consideration by the President of the National Health Fund.
Article 13. [ Addendum to proposals] 1. Applicants as referred to in art. 39 (1) 1 of the Act referred to in art. 1, as amended by this Act, who submitted applications before the date of entry into force of this Act, shall be required within 60 days from the date of entry into force of this Act to supplement the requests for data listed in Art. 39 (1) 2 points 7, 8 and 11 of the Act referred to in art. 1, as amended by this Act.
2. In the event of failure to complete the applications within the period specified in the paragraph. 1 the provision of Article 1 shall apply. 39 (1) 4 of the Act referred to in art. 1.
3. The applications referred to in paragraph 1. 1, supplemented by the data mentioned in Art. 39 (1) 2 points 7, 8 and 11 of the Act referred to in art. 1, as amended by this Act, shall be treated as applications lodged on the first working day of the first quarter following the date of entry into force of this Act.
4. Rules of Art. 39 (1) 2a-2c of the Act referred to in art. 1, as amended by this Act, shall not apply to applications filed before the date of entry into force of this Act and to their additions referred to in paragraph. 1.
Article 14. [ Providing health care benefits in the field of primary health care] 1. Doctor:
1) which has a specialization and degree in the field of general medicine or specialization I or II degree or title of specialist in the field of internal diseases, or specialization I or II degree or title of specialist in the field of pediatrics,
2) other than mentioned in point 1, giving uninterrupt prior to the date of entry into force of this Act, for a period of not less than 10 years, health care benefits in the scope of basic health care
-shall retain, after the date of entry into force of this Law, the right to provide health care services in the field of primary health care.
2. Aborting of benefits does not constitute:
1) not granting basic health care benefits for less than 6 months;
2. non-provision of basic health care benefits for a period longer than that indicated in point 1 in the cases of collection of benefits referred to in art. 2 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity (Dz. U. of 2005 Nr 31, pos. 267, of 2006. No. 221, pos. 1615 and 2007 Nr 47, poz. 318 and No. 115, pos. 792).
3. A doctor who does not have the required period of professional experience specified in the mouth. 1 point 2, and which on the date of entry into force of this Law provided health care benefits in the field of primary health care on the basis of the agreement with the National Health Fund for the provision of health care services or being employed or by carrying out a profession in the provider with which the National Health Fund has concluded a contract for the provision of basic health care benefits, shall retain the right to provide health care services in the field of primary health care until 31 December 2017
4. A certificate confirming the possession of the right to provide health care benefits in the scope of basic health care under the mouth. 1 or paragraph At the request of the physician, the competent district medical council shall issue a medical advice.
Article 15. [ Repealed provisions] 1. Rules of Art. 118 of the law referred to in art. 1, as the current version, is repealed with effect from 31 December 2007. as far as the Fund's financial plan for 2007 is concerned.
2. Rules of Art. 118 of the law referred to in art. 1, as amended by this Act, shall apply for the first time to the financial plan of the Fund for the year 2008.
3. Rules of Art. 121 the law referred to in art. 1, as amended by this Act, shall apply for the first time to the financial plan of the Fund for the year 2009.
4. Rules of Art. 124 (1) 7 and art. 129 (1) 6 of the Act referred to in art. 1, as amended by this Act, in so far as they relate to the reserve referred to in Article 4 (1). 118 (1) 2 point 1 (c) c of the Act referred to in art. 1, as amended by this Act, shall apply from 1 October 2007.
Article 16. [ Exemption of application of the Act on public health care benefits] No Article shall be applied. 11 (1) 1a of the Act referred to in art. 1, as amended by this Act, for the calculation of the average costs for 2004 and 2005.
Article 17. [ Selection of a member of the National Health Fund Board] Election of a member of the Board of the National Health Fund referred to in art. 99 par. 1 point 7 of the Act referred to in Art. 1, for the first time shall be made within 30 days from the date of entry into force of this Act.
Article 18. [ Provisions so far] Existing implementing rules issued on the basis of:
1. 13 (1) 4, art. 36 ust. 5, art. 37 par. 2, art. 38 par. 6, art. 39 (1) 9, art. 49 (1) 5, art. 137 par. 10 and art. 190 par. 1 of the Act of 27 August 2004. the public health care benefits shall remain valid until the date of entry into force of the new implementing rules adopted on the basis of Article 4 of the Treaty on the European Union. 13a, art. 36 ust. 5, art. 37 par. 2, art. 38 par. 6, art. 39 (1) 9, art. 49 (1) 9, art. 137 par. 10 and art. 190 par. 1 of the Act of 27 August 2004. on health care services financed by public funds, as amended by this Act,
2. Article 5 par. 4 of the Act of 5 July 2001. the prices shall remain in force until the entry into force of the new implementing rules issued on the basis of art. 5 par. 4 and 4a of the Act of 5 July 2001. about the prices, as amended by this law
-no longer than six months from the date of entry into force of this Law.
Article 19. [ Application of the provisions of the Act on health care benefits financed from public funds] The provisions of Article 4 66 (1) 1 point 35, art. 73 point 17, art. 75 par. 17, art. 77 par. 3, art. 81 (1) 8 point 12, art. 82 ust. 2, art. 83, art. 84 (1) 3, art. 87 (1) 7 and 9 of the Act referred to in art. 1, as amended by this Act, shall apply from the first day of the month following the month in which the Act entered into force.
Article 20. [ Entry into force] The Act shall enter into force after 14 days from the day of the announcement, with the exception of:
1. 1 point 48 (c), point 60, in the field of art. 118 (1) 1, para. 2 point 1 (c) a and b, point 2 and paragraph. 3-6, point 63 in the field of art. 124 (1) 1-9, point 66 in the field of art. 129 (1) 1-4 and 6, which shall enter into force on the day of the announcement;
2. Article 1 point 48 (d), point 60, in the field of art. 118 (1) Article 2 (1) (c), point (63), in the field of art. 124 (1) 10 and 11, point 66 in the field of art. 129 (1) 5, and art. 11, which shall enter into force on 1 October 2007;
3. Article 1 point 70, which enters into force after 3 months from the date of publication of the Act;
4. Article 1 points 13-15, 41, 42 lit. b and c, point 48 (a), points 58, 59 and 88 (d), which shall enter into force on 1 January 2008;
5) art. 1 point 35 (b), which shall enter into force on 1 January 2009.
President of the Republic of Poland: L. Kaczyński
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1) This Act is amended by the Act of 24 January 1991. about the combatants and some of the victims of war and post-war repression, the Act of 30 August 1991. o health care facilities, the Act of 29 June 1995. o public statistics, the law of 5 December 1996. about the professions of the doctor and the dental practitioner, the Act of 22 August 1997. o public blood service, the law of 5 July 2001. on the prices, the Act of 6 September 2001. -Pharmaceutical law, law of 28 October 2002. the liability of collective entities for acts prohibited under the threat of punishment, the Act of 8 September 2006. o State Medical Rescue and the Law of 29 June 2007. amending the Act on health care benefits financed from public funds and the Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Office of Communications Ininsurers.
2) This Act shall apply to the implementation of Council Directive 89 /105/EEC of 21 December 1988 on the implementation of Council Directive 89 /105/EEC. concerning the transparency of measures for the fixing of prices for medicinal products for human use and their inclusion in the scope of the national health insurance system (Dz. Urz. EC L 40 of 11.02.1989, p. 8; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 1, str. 345).
3) The amendments to the said Act were announced in Dz. U. of 2005 Nr 94, pos. 788, No. 132, pos. 1110, Nr 138, pos. 1154, Nr. 157, pos. 1314, Nr 164, poz. 1366, Nr 169, poz. 1411 and No 179, pos. 1485, 2006 Nr 75, poz. 519, Nr 104, poz. 708 and 711, No. 143, pos. 1030, Nr 170, poz. 1217, No. 191, pos. 1410, Nr 227, pos. 1658 and No. 249, pos. 1824 and 2007 No. 64, pos. 427 and 433, No. 82, pos. 559, Nr 115, poz. 793 and No. 133, pos. 922.
4) Amendments to the text of the single law have been announced in the Dz. U. 2007 No 17, pos. 95, No 21, pos. 125, No 112, pos. 769 and No. 115, pos. 791, 792 and 793.
5) Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 117, poz. 756, 1999 Nr 60, poz. 636, of 2000 Nr 45, poz. 531, 2001 Nr 73, pos. 764, 2002 Nr 113, pos. 984, 2003 Nr 45, poz. 391, Nr 228, pos. 2255 and No. 229, pos. 2273, 2004 Nr 91, pos. 873, Nr 146, poz. 1546 i Nr 236, poz. 2355, of 2005 Nr 94, pos. 788, No. 132, pos. 1110, No. 150, pos. 1248 and Nr 163, pos. 1362, of 2006 Nr 75, poz. 519, Nr 170, poz. 1217 and No. 195, pos. 1437 and 2007 No. 64, pos. 427 and No. 115, pos. 791.
6) The amendments to the said Act were announced in Dz. U. of 2004 Nr 42, pos. 386, No 148, pos. 1551 and Nr 162, pos. 1709, of 2005 Nr 10, pos. 64 and 2007 No. 64, pos. 427.
7) The amendments to the said Act were announced in Dz. U. of 2005 No 169, pos. 1420, of 2006 Nr 45, poz. 319, No 104, pos. 708, Nr 170, poz. 1217 i 1218, Nr 187, poz. 1381 and No. 249, pos. 1832 and 2007 No. 82, pos. 560, Nr. 88, pos. 587, Nr 115, poz. 791 and No. 140, pos. 984.
8) The amendments to the said Act were announced in Dz. U. of 1996. Nr 156, pos. 775, of 1997 Nr. 88, pos. 554 i Nr 121, poz. 769, 1998 Nr 99, pos. 632 and No. 106, pos. 668, 2001 No. 100, pos. 1080, 2003 Nr 217, pos. 2125, 2004 Nr 273, poz. 2703, of 2005 No. 163, pos. 1362 and 2006 No. 170, pos. 1217.
9) The amendments to the said Act were announced in Dz. U. 1997 r. Nr 160, pos. 1083, 1999 Nr 83, pos. 931, of 2000 Nr 60, poz. 701, Nr 120, poz. 1268 i Nr 122, poz. 1318, 2001 Nr 98, pos. 1071, Nr 111, poz. 1194 and No 151, pos. 1686, 2002 No. 74, item. 676, Nr 121, poz. 1033 i Nr 200, poz. 1679, 2003 No. 111, item. 1061, Nr 142, poz. 1380 i Nr 179, pos. 1750, 2004 Nr 93, pos. 889, Nr 210, pos. 2135, No 240, pos. 2405, Nr 243, poz. 2426 and No. 273, pos. 2703, of 2005 No. 163, pos. 1363 and Nr 178, pos. 1479, of 2006 Nr 104, pos. 708 and No. 226, pos. 1648 and 2007. #123, pos. 849.
10) The amendments to the said Act were announced in Dz. U. of 2002. No. 144, pos. 1204, 2003 No. 137, item. 1302 and 2004. Nr 96, pos. 959 i Nr 210, poz. 2135.
11) Amendments to the text of the single law have been announced in the Dz. U. of 2004 No. 64, pos. 593, Nr. 99, pos. 1001, Nr 120, poz. 1252, Nr 121, poz. 1264, Nr 144, poz. 1530, No. 191, pos. 1954, Nr 210, poz. 2135 i Nr 236, pos. 2355, of 2005 Nr 167, pos. 1397 i Nr 169, poz. 1412 and 1421, 2006 Nr 104, pos. 708 and 711 and No. 208, pos. 1534 and 2007. No 17, pos. 95 and No. 82, pos. 558.
12) Amendments to the text of the single law have been announced in the Dz. U. of 2002. No. 181, item. 1515, 2003 Nr 72, pos. 658, 2004 Nr 46, pos. 444 and No 281, pos. 2779, of 2005 No. 163, item. 1362, of 2006 No. 170, pos. 1217 and 2007. Nr 99, pos. 658.
13) The amendments to the said Act were announced in Dz. U. of 2004 Nr 91, pos. 870 and Nr 96, pos. 959, of 2005 Nr 83, pos. 719, Nr 143, poz. 1204, No 167, pos. 1396, Nr 183, poz. 1538 and No. 184, pos. 1539, 2006 Nr 157, poz. 1119 and 2007 Nr 50, poz. 331, No. 82, pos. 557, No. 102, pos. 691 i No 112, pos. 769.
14) The amendments to the said Act were announced in Dz. U. of 1996. Nr 156, pos. 775, of 1997 Nr. 88, pos. 554 i Nr 121, poz. 769, 1998 Nr 99, pos. 632 and No. 106, pos. 668, 2001 No. 100, pos. 1080, 2003 Nr 217, pos. 2125, 2004 Nr 273, poz. 2703, of 2005 No. 163, pos. 1362 and 2006 No. 170, pos. 1217.
15) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. Nr 117, pos. 790, Nr 191, poz. 1410 and No. 220, pos. 1600 and 2007. #123, pos. 849.
16) The amendments to the said Act were announced in Dz. U. of 2005 Nr 94, pos. 788, No. 132, pos. 1110, Nr 138, pos. 1154, Nr. 157, pos. 1314, Nr 164, poz. 1366, Nr 169, poz. 1411 and No 179, pos. 1485, 2006 Nr 75, poz. 519, Nr 104, poz. 708 and 711, No. 143, pos. 1030, Nr 170, poz. 1217, No. 191, pos. 1410, Nr 227, pos. 1658 and No. 249, pos. 1824 and 2007 No. 64, pos. 427 and 433, No. 82, pos. 559, Nr 115, poz. 793, Nr 133, pos. 922 and No. 166, pos. 1172.
17) The amendments to the said Act were announced in Dz. U. of 2002. No. 144, pos. 1204, 2003 No. 137, item. 1302 and 2004. Nr 96, pos. 959 i Nr 210, poz. 2135.
18) Amendments to the text of the single law have been announced in the Dz. U. of 2004 Nr 69, pos. 625, Nr 91, poz. 877, Nr 92, pos. 882, Nr 93, poz. 896, Nr 173, pos. 1808, Nr 210, poz. 2135 i No 273, pos. 2703, of 2005 Nr 94, pos. 787, No 163, pos. 1362, Nr 179, pos. 1485 and No. 184, pos. 1539, 2006 No. 170, pos. 1217, No. 171, pos. 1225 and No. 217, pos. 1588 and 2007. Nr 50, poz. 331 and No. 75, pos. 492.
19) Amendments to the text of the single law have been announced in the Dz. U. of 2004 Nr 69, pos. 625, Nr 91, poz. 877, Nr 92, pos. 882, Nr 93, poz. 896, Nr 173, pos. 1808, Nr 210, poz. 2135 i No 273, pos. 2703, of 2005 Nr 94, pos. 787, No 163, pos. 1362, Nr 179, pos. 1485 and No. 184, pos. 1539, 2006 No. 170, pos. 1217, No. 171, pos. 1225 and No. 217, pos. 1588 and 2007. Nr 50, poz. 331 and No. 75, pos. 492.
20) The amendments to the said Act were announced in Dz. U. of 2004 Nr 93, pos. 889, No. 191, pos. 1956 and No. 243, pos. 2442, of 2005 Nr 157, poz. 1316, Nr 178, pos. 1479, Nr 180, pos. 1492 and No. 183, pos. 1538, 2006 Nr 120, pos. 826 and 2007 Nr 75, poz. 492.
21) The amendments to the said Act were announced in Dz. U. of 2005 Nr 94, pos. 788, No. 132, pos. 1110, Nr 138, pos. 1154, Nr. 157, pos. 1314, Nr 164, poz. 1366, Nr 169, poz. 1411 and No 179, pos. 1485, 2006 Nr 75, poz. 519, Nr 104, poz. 708 and 711, No. 143, pos. 1030, Nr 170, poz. 1217, No. 191, pos. 1410, Nr 227, pos. 1658 and No. 249, pos. 1824 and 2007 No. 64, pos. 427 and 433, No. 82, pos. 559, Nr 115, poz. 793, Nr 133, pos. 922 and No. 166, pos. 1172.
