AND GENERAL TERMS AND CONDITIONS

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GDPR

All information about the processing of personal data can be found in the downloadable PDF file.

General terms and conditions for the provision of healthcare, services related to the provision of healthcare and premium services in the network of healthcare facilities MUDr. Martin Boháč s.r.o. (hereinafter referred to as “GTC”)

Art. I

Introductory provisions, definitions of basic terms

  1. The company MUDr. Martin Boháč s.r.o., with its registered office at Medená 29, 811 02, Bratislava, Slovak Republic, Company ID: 50 226 975, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Entry No. 109682/B, is a legal entity – a healthcare provider, registered in the Commercial Register of the relevant District Court, with the following activities: “performance of independent medical practice in the profession of plastic surgeon in the specialization of plastic surgery”, “performance of the profession of plastic surgeon in the specialization of plastic surgery”, “performance of the activities of a professional representative in the profession of plastic surgeon in the specialization of plastic surgery” (hereinafter referred to as “MUDr. Martin Boháč s.r.o.” or the “Provider”).

  2. MUDr. Martin Boháč s.r.o. is a provider of healthcare and services related to the provision of healthcare in accordance with the relevant provisions of Act No. 578/2004 Coll. on healthcare providers, healthcare professionals, healthcare professional organizations and on amendments and supplements to certain acts, as amended (hereinafter referred to as the “Healthcare Provider Act”), based on an authorisation pursuant to the wording of the provisions of Section 11 et seq. Healthcare Provider Act, issued by the authority competent to issue an authorisation pursuant to the provisions of Section 12 of the Healthcare Provider Act, provider code P86960038, professional specialization plastic surgery (hereinafter referred to as the “Authorisation”), and MUDr. Martin Boháč s.r.o. provides healthcare in the network of medical facilities MUDr. Martin Boháč s.r.o., which is made up of healthcare facilities operated by MUDr. Martin Boháč s.r.o. (hereinafter referred to as the “MUDr. Martin Boháč s.r.o. network”).

  3. Current list of healthcare facilities belonging to the MUDr. Martin Boháč s.r.o. network is available on the website of MUDr. Martin Boháč s.r.o.: WWW.MBOHAC.SK, while the scope of the MUDr. Martin Boháč s.r.o. network depends on the autonomous internal decision of the MUDr. Martin Boháč s.r.o.

  4. V rámci Siete MUDr. Martin Boháč s.r.o poskytuje MUDr. Martin Boháč s.r.o Klientom Zdravotnú starostlivosť a Služby súvisiace s poskytovaním zdravotnej starostlivosti. V prípade osobitnej požiadavky Klienta môžu byť Klientovi v súvislosti s poskytovaním Zdravotnej starostlivosti a Služieb súvisiacich s poskytovaním Zdravotnej starostlivosti poskytované aj Nadštandardné služby, v rozsahu a za podmienok, dojednaných v osobitnej zmluve, pričom takéto Nadštandardné služby nemožno starostlivosti.

  5. Within the MUDr. Martin Boháč s.r.o. network, MUDr. Martin Boháč s.r.o. provides Clients with Healthcare and Services related to the provision of healthcare. In the event of a Client’s special request, the Client may also be provided with Premium services in connection with the provision of Healthcare and Services related to the provision of healthcare, to the extent and under the conditions agreed in a separate contract, and such Premium services cannot be . The primary purpose of these GTC is to regulate the basic legal framework and details of the legal relationship between MUDr. Martin Boháč s.r.o. and the Client, established on the basis of the Agreement on the provision of healthcare concluded between MUDr. Martin Boháč s.r.o. and the Client, while the GTC regulate this legal relationship in a general manner. The legal relationship of the provision of Healthcare and Services related to the provision of healthcare is, from a legislative point of view, subject to the relevant provisions of Act No. 576/2004 Coll. on healthcare, services related to the provision of healthcare and on amendments and supplements to certain acts, as amended (hereinafter referred to as the “Healthcare Act”), as well as other relevant generally binding legal regulations relating to Healthcare, Services related to the provision of healthcare or Premium services, in particular (but not limited to):

  6. Act No. 153/2013 Coll. on the national health information system and on amendments and supplements to certain acts (hereinafter referred to as the “Health Information System Act”);

  7. Act No. 362/2011 Coll. on medicinal products and medical devices and on amendments and supplements to certain acts, as amended (hereinafter referred to as the “Medicinal Product Act”);

  8. Act No. 577/2004 Coll. on the scope of healthcare covered by public health insurance and on payments for services related to healthcare provision, as amended (hereinafter referred to as the “Public Health Insurance Act”);

  9. Act No. 578/2004 Coll. on healthcare providers, healthcare professionals, healthcare professional organizations and on amendments and supplements to certain acts, as amended (hereinafter referred to as the “Healthcare Provider Act”);

  10. Act No. 580/2004 Coll. on health insurance and on amendments and supplements to Act No. 95/2002 Coll. on insurance and on amendments and supplements to certain acts, as amended;

  11. Act No. 581/2004 Coll. on health insurance companies, healthcare surveillance and on amendments and supplements to certain acts, as amended (hereinafter referred to as the “Healthcare Surveillance Act”)

(hereinafter referred to as “Generally binding legal regulations relating to Healthcare, Services related to the provision of healthcare or Premium services”).

The purpose of these GTC is also to provide a more detailed explanation and clarification of the Client’s legal position within the legal relationship with the Provider, with the aim of familiarising the Client with his/her legal rights and obligations within the process of providing Healthcare by MUDr. Martin Boháč s.r.o. in accordance with the Generally binding legal regulations relating to Healthcare, Services related to the provision of healthcare or Premium services, while the purpose of these GTC is also the legally permitted regulation of legal relationships between the Client and the Provider beyond the legal regulation contained in the relevant provisions of the Generally binding legal regulations relating to Healthcare, Services related to the provision of healthcare or Premium services.

For the purposes of these GTC, the terms below

have the following meanings:

  • “Client”is a natural person who receives Healthcare, Services related to the provision of healthcare, or Premium services from MUDr. Martin Boháč s.r.o.;

  • “Attending healthcare professional MUDr. Martin Boháč s.r.o.” is a healthcare professional, designated by MUDr. Martin Boháč s.r.o. for providing Healthcare to the Client. If such an attending healthcare professional is a doctor or dentist, he/she is an attending physician; if the attending healthcare professional is a nurse, he/she is an attending nurse;

  • “Healthcare” is a set of work activities performed by Attending healthcare professionals from MUDr. Martin Boháč s.r.o., including the provision of medicinal products, medical devices and dietary foods with the aim of prolonging the life of a natural person, increasing his/her quality of life and the healthy development of future generations; healthcare includes prevention, registration, diagnosis, treatment, biomedical research and nursing care. Healthcare is provided by MUDr. Martin Boháč s.r.o. to the extent of the Authorisation pursuant to Article 1.2 of the GTC;

  • “Medical procedure” is a comprehensive activity of the Attending medical staff from MUDr. Martin Boháč s.r.o., which represents the basic unit of providing Healthcare;

  • “Medical Documentation” is a set of data on the health status of Clients, on Healthcare and on Services related to the provision of healthcare to Clients;

  • “Diagnosis” is the assessment and evaluation of the Client’s health status and, in the event of a disorder or disease being detected, the determination of the severity of the disorder or disease; its result is the determination of the disease;

  • “Treatment” is the conscious influence on the Client’s health status with the aim of restoring his health, preventing further deterioration of his health status or alleviating the manifestations and consequences of his disease;

  • “Services related to the provision of healthcare” are services specified in the provisions of Section 13 of the Healthcare Act;

  • “Premium services” are services that are not healthcare or Services related to the provision of healthcare and that MUDr. Martin Boháč s.r.o. provides to Clients to the extent and under the conditions agreed in a separate contract, with the aim of ensuring greater comfort for the Client when providing healthcare in the MUDr. Martin Boháč s.r.o. network or when providing Services related to the provision of healthcare in the MUDr. Martin Boháč s.r.o. network;

  • “Agreement on the provision of health care” is an agreement that the Client concludes with MUDr. Martin Boháč s.r.o., while the subject matter of the Agreement on the provision of health care is the contractual obligation of MUDr. Martin Boháč s.r.o. to provide the Client with Healthcare and Services related to the provision of healthcare under agreed conditions and to the agreed extent. An agreement on the provision of healthcare is usually concluded in writing. However, for the avoidance of any doubt, it is emphasized that the Agreement on the provision of healthcare may also be concluded orally, or implicitly, and the Agreement on the provision of healthcare shall be deemed to be validly and effectively concluded even in such cases, regardless of the reason for which the Agreement on the provision of healthcare was not concluded in writing. Further details regarding the mechanism for concluding the Agreement on the provision of healthcare are provided in Art. II General Terms and Conditions.

If some terms used in the GTC are not included in the definitions of terms in Article 1.6 of the GTC, but are defined in the Generally binding legal regulations relating to Healthcare, Services related to the provision of healthcare or Premium Services, such terms have the meaning specified in these generally binding legal regulations.

Art. II

Agreement on the provision of healthcare

  1. The legal relationship, the subject of which is the provision of Healthcare by the Provider for the benefit of the Client, is established and arises on the basis of the Agreement on the provision of healthcare, in accordance with the provisions of Section 12 of the Healthcare Act.

  2. Healthcare and Services related to the provision of healthcare are always provided by the Provider to the Client on the basis of the Agreement on the provision of healthcare, whereby the Agreement on the provision of healthcare regulates, among other things, the exact scope of Healthcare and Services related to the provision of healthcare.

  3. The Provider may reject a proposal to conclude an Agreement on the provision of healthcare in cases if:

    • the Provider would exceed his/her bearable workload by entering into such an agreement;

    • the personal relationship of the Attending healthcare professional from MUDr. Martin Boháč s.r.o. with the Client or his/her legal representative does not guarantee an objective assessment of the health status.

  4. If the Provider rejects the proposal to conclude an Agreement on the provision of healthcare for any of the reasons specified in Article 2.3 of the GTC, the person in relation to whom the Provider rejected such a proposal, or his/her legal representative, is entitled to submit a complaint to the relevant self-governing region in order to verify the justification of such action by the Provider.

  5. The Agreement on the provision of healthcare shall terminate on the date agreed upon by the Provider and the Client, upon the death of the Client, the termination of the Provider, or upon delivery of a written withdrawal from the Agreement on the provision of healthcare, namely on the first day of the calendar month following the calendar month in which the written withdrawal from the Agreement on the provision of healthcare was delivered.

  6. The Provider is entitled to withdraw from the Agreement on the provision of healthcare in accordance with the provisions of Section 12(9) of the Healthcare Act for the reasons specified in Article 2.3(a)(b) of the GTC. The Client is entitled to withdraw from the Agreement on the provision of healthcare without giving a reason, and withdrawal from the Agreement on the provision of healthcare must be in writing.

Art. III

Provision of Healthcare and Services related to the provision of healthcare

  1. Healthcare is provided to Clients through the Attending healthcare professionals MUDr. Martin Boháč s.r.o.

  2. When providing Healthcare by the Provider, each Client has the right to:

    • protection of dignity, respect for his/her physical and psychological integrity;

    • obtain information regarding his/her health status;

    • obtain information about the purpose, nature, consequences, and risks of providing healthcare, about the options for choosing the proposed procedures and the risks related to the rejection of health care to be provided;

    • reject provision of Healthcare except in cases where Healthcare can be provided without informed consent in accordance with the provisions of Section 6(9) of the Healthcare Act;

    • decision on his/her participation in teaching or biomedical research;

    • maintain confidentiality of all data regarding his/her health status, facts related to his/her health status, unless in cases stipulated by a special regulation the Attending healthcare professional from MUDr. Martin Boháč s.r.o. is exempted from this confidentiality;

    • alleviation of suffering;

    • human, ethical and dignified approach of the Attending healthcare professionals from MUDr. Martin Boháč s.r.o.

  3. The Provider is obliged to provide Healthcare correctly, and Healthcare is provided correctly if all Medical procedures are performed to correctly determine the disease and ensure timely and effective treatment with the aim of healing the Client or improving the Client’s condition, taking into account current knowledge of medical science and in accordance with standard procedures for prevention, standard diagnostic procedures and standard therapeutic procedures, taking into account the individual condition of the patient.

  4. The Attending healthcare professional from MUDr. Martin Boháč s.r.o. is obliged to inform about the purpose, nature, consequences and risks of providing healthcare, about the options for choosing the proposed procedures and the risks related to the rejection of healthcare to be provided (hereinafter referred to as “Provide instructions”) within the meaning of the wording of Section 6 of the Healthcare Act. The Attending healthcare professional from MUDr. Martin Boháč s.r.o. is obliged to provide instructions in a clear, considerate manner, without pressure, with the opportunity and sufficient time to freely decide for informed consent and in a manner appropriate to the intellectual and volitional maturity and health status of the person to be instructed.

  5. Anyone who has the right to provide instructions pursuant to Article 3.4 of the GTC also has the right to reject instructions. A written record shall be made of the rejection of instructions.

  6. Healthcare and Services related to the provision of healthcare are provided exclusively during the office hours of the relevant healthcare facility belonging to the MUDr. Martin Boháč s.r.o. network.

Art. IV

Provision of Premium services

  1. MUDr. Martin Boháč s.r.o. provides the Clients with Premium services based on the Client’s explicit request to the extent and under the conditions agreed in a separate contract, with the aim of ensuring greater comfort for the Client when providing healthcare in the MUDr. Martin Boháč s.r.o. network or when providing Services related to the provision of healthcare in the MUDr. Martin Boháč s.r.o. (e.g. use of premium medical supplies, etc.).

  2. Premium services are subject to a fee, and the Client will be informed of the amount of the fee for the Premium Services in advance (i.e. before concluding a separate contract for the provision of Premium services).

Art. V

Investigation of the correctness of the provision of healthcare in MUDr. Martin Boháč s.r.o. network

  1. MUDr. Martin Boháč s.r.o. provides through the Attending healthcare professionals from MUDr. Martin Boháč s.r.o., Clients with Healthcare and Services related to the provision of healthcare under the conditions regulated in the relevant Generally binding legal regulations relating to Healthcare, Services related to the provision of healthcare or Premium services.

  2. As follows from Article 3.3 of the GTC and from the provisions of Article 4(3) of the Healthcare Act, the Provider is obliged to provide Healthcare correctly. If the Client believes that he/she was not provided with the Healthcare correctly, or believes that another decision of the Attending Healthcare Professional from MUDr. Martin Boháč s.r.o. in connection with the provision of Healthcare or Services related to the provision of healthcare is incorrect, he/she has the right to request the Provider for correction, and such a request shall be submitted in writing (hereinafter referred to as the “Request for correction/investigation of the correctness of the procedure of MUDr. Martin Boháč s.r.o.”).

  3. The Request for correction/investigation of the correctness of the procedure of MUDr. Martin Boháč s.r.o., pursuant to Article 5.2 of the GTC, will deliver the Client by post to the address of the Provider’s registered office. The Provider informs the Client in writing about the method of processing the Request for correction/investigation of the correctness of the procedure of MUDr. Martin Boháč s.r.o. no later than thirty (30) calendar days from the date of submission of the Request for correction/investigation of the correctness of the procedure of MUDr. Martin Boháč s.r.o.,

  4. if the Request for correction/investigation of the correctness of the procedure of MUDr. Martin Boháč s.r.o. does not imply the necessity to act immediately or within a shorter period of time. If the Provider does not comply with the Request for correction/investigation of the correctness of the procedure of MUDr. Martin Boháč s.r.o or does not inform the Client about the method of its handling no later than thirty (30) calendar days from the date of its submission by the Client, the Client has the right to:

    • ask the Healthcare Surveillance Authority to carry our surveillance pursuant to Section 18(1)(b) of the Healthcare Surveillance Act, if the subject of the Request for correction/investigation of the correctness of the procedure of MUDr. Martin Boháč s.r.o. is the correct provision of Healthcare, to ask the authority competent for supervision pursuant to the Healthcare Provider Act,

    • if the subject of the Request for correction/investigation of the correctness of the procedure of MUDr. Martin Boháč s.r.o. is another decision of the Attending healthcare professional from MUDr. Martin Boháč s.r.o. in connection with the provision of Healthcare or Services related to the provision of healthcare.

Art. VI

Reimbursement for the provision of Healthcare, Services related to the provision of healthcare and Premium Services

  1. The Provider does not have a contract with any health insurance company under the Healthcare Surveillance Act, of which the Client was informed and notified directly by the Provider. Healthcare and Services related to the provision of healthcare are therefore not covered by public health insurance under the Public Health Insurance Act, which means that the Client is obliged to pay the Provider a fee for the provision of Healthcare, Services related to the provision of healthcare and Premium services, in the amount and in the manner specified in the Agreement on the provision of healthcare. The amount of the Provider’s remuneration for the provision of Healthcare, Services related to the provision of healthcare and Premium services is based on the Provider’s current Price List, which is available for inspection at the reception of each healthcare facility of the MUDr. Martin Boháč s.r.o. network. The Provider is entitled to request payment in accordance with this article of the GTC in advance, i.e. before the provision of Healthcare, Services related to the provision of healthcare and Premium Services.

  2. A potential Client, i.e. a natural person who expresses interest in the provision of Healthcare, Services related to the provision of healthcare or Premium services within the MUDr. Martin Boháč s.r.o. network has the free right and free opportunity to decide whether to use the Provider’s services even if they are not covered by public health insurance, which means that the Client is obliged to pay the Provider a fee for the provision of Healthcare, Services related to the provision of healthcare and Premium services in full in accordance with the Provider’s Price List and in the manner regulated in the Agreement on the provision of healthcare; or whether such a natural person will seek out another healthcare provider who may have a contract with one of the health insurance companies pursuant to the Healthcare Surveillance Act.

Art. VII

Vedenie Zdravotnej dokumentácie, poskytovanie a sprístupňovanie údajov zo Zdravotnej dokumentácie

  1. The Medical Documentation contains:

    personal data of the Client, including name, surname, date of birth, personal identification number, address of residence and health data necessary to determine the medical history;

    data on instruction and informed consent pursuant to the provisions of Section 6 of the Healthcare Act;

    data on the Client’s illness, a request for examinations of joint examination and treatment components, data on the course and results of examinations, Treatment and other significant circumstances related to the Client’s health condition and the procedure for providing Health Care;

    data on the scope of Health Care provided;

    data on Services related to the provision of Health Care;

    data on temporary incapacity for work, data on the treatment regimen and facts important for assessing medical fitness to perform work;

    epidemiologically significant facts;

    identification data of the relevant health insurance company;

    identification data of the Provider.

  2. The Provider maintains the Medical Documentation within the scope of the Healthcare provided by him/her, while handling the Medical Documentation in such a way as to prevent its loss, damage, destruction or misuse, including during its storage.

  3. The Provider shall retain the Client’s Medical Documentation pursuant to the provisions of Section 22(2) of the Healthcare Act for a period of twenty (20) years from the last provision of Healthcare to the Client.

  4. Data from the Medical Documentation is provided in the form of an extract from the Medical Documentation, and the Provider is obliged upon written request, unless otherwise stated in the relevant provisions of the Healthcare Act, to provide Medical Documentation to the extent directly related to the purpose of the request:

    • to a registered citizen after presenting a call for conscription for the purposes of conscription, to a soldier in reserve after submitting a written request to the district office in the seat of the region for the purpose of examining his medical fitness, to a soldier in reserve for the purpose of proving his medical fitness for inclusion in the active reserves and to a citizen for the purpose of admission to voluntary military training;

    • to the competent authority for the purposes of social assistance, state social benefits or employment services according to special regulations;

    • to the labour inspectorate and supervisory authorities according to special regulations for the purpose of investigating an occupational accident or occupational disease;

    • to persons authorised to inspect medical documentation, if the scope of the request does not exceed the scope of making data from medical documentation available to these persons pursuant to the provisions of Section 25(1) of the Healthcare Act;

    • to a law enforcement authority or a court;

    • to a doctor of the occupational health service for the purpose of assessing medical fitness for work.

  5. Data from the Medical Documentation is made available by viewing the Client’s Medical Documentation:

    • to the Client or his/her legal representative in full;

    • to the spouse, child or parent or legal representative, after the death of the Client, in full; if there is no such person, to an adult who lived with the Client in the household at the time of death, a close person or his/her legal representative;

    • to a person authorized on the basis of a written power of attorney of the person under letter a) or b) with a certified signature according to a special regulation in the necessary extent specified in the power of attorney;

    • to the reviewing physician, reviewing pharmacist and reviewing nurse of the relevant health insurance company for the purposes of inspection activities in full;

    • to the Healthcare Surveillance Authority for the purposes of supervising healthcare and for the purposes of investigating complaints in full;

    • to the Ministry of Health, the doctor of the self-governing region and the nurse of the self-governing region for the purposes of supervision according to a special regulation;

    • to a general practitioner of the Ministry of the Interior of the Slovak Republic for the purposes of a medical examination in the admission procedure pursuant to a special regulation and to a medical assessor of the Armed Forces of the Slovak Republic for the purposes of a selection or survey procedure in full;

    • to a medical assessor for the purposes of medical assessment activities in the performance of social insurance and in the social security of police officers and soldiers pursuant to special regulations in full;

    • to a medical assessor of the Office of Labor, Social Affairs and Family for the purposes of medical assessment activities in its entirety pursuant to a special regulation;

    • to an expert appointed by a court or hired by a law enforcement authority or who has been requested to prepare an expert opinion by one of the parties for purposes directly related to the proceedings before the court to the extent necessary for the preparation of an expert opinion; the expert shall decide on the extent of the data necessary for the preparation of an expert opinion; the same procedure shall apply in the case of an expert appointed pursuant to a special regulation;

    • an insurance company providing individual health insurance pursuant to a special regulation for the purposes of monitoring the healthcare provided, to which the insurance benefit applies;

    • the competent body of the professional organization to the extent of monitoring the performance of the relevant health profession;

    • the epidemiology specialist of the relevant regional public health authority and the epidemiology specialist of the public health authorities of the Ministry of the Interior of the Slovak Republic and the Ministry of Defence of the Slovak Republic to the extent necessary to ensure an epidemiological investigation.

  6. A person authorised to inspect the Medical Documentation has the right to make extracts or copies of the Medical Documentation on site to the extent specified in the Healthcare Act.

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