Where to complain if they don’t give you subsidized medications. The attending physician does not write a prescription for subsidized medications

If you have difficulties obtaining subsidized medications (queues at clinics, lack of medications in pharmacies) - do not give up. Believe that everything will work out for you and be patient! The state provides for the possibility of receiving free medicines for certain categories of the population. But people do not always know how to defend their rights and receive the guarantees they are entitled to under the law.

• a document according to which you have the right to preferential treatment (pension certificate, veteran’s certificate);
• a certificate from the Pension Fund confirming that you did not refuse the social package, including preferential treatment (for the disabled);
• SNILS;
• compulsory medical insurance policy.

Victoria Ryzhkova. Photo: Ksenia Ivanova

"Copper people" and their misfortune

Victoria Ryzhkova is the coordinator of the St. Petersburg charitable organization Nochlezhka, which helps the homeless. But recently she had to do something that was not related to the problems of homelessness - coordinating the supply of the drug “Kuprenil” throughout Russia.

In January 2015, Victoria was diagnosed with a rare disease - Wilson-Konovalov disease. People with this disease do not remove copper from their bodies. If a person is not treated correctly, he will die slowly and painfully - all organs gradually fail.

There are not very many “copper people” in Russia - less than 700 people, but this does not make it any easier for them. It becomes easier only from regular use of the drug “Kuprenil”, which helps remove copper from the body.

"Kuprenil" is a vital medicine and is sold free of charge. But in March of this year it disappeared from Russian pharmacies.

It turned out that the pharmaceutical company Teva, which produces the drug, moved production from Poland to Israel, and according to Russian legislation, re-registration of the drug was required. Because of this, government procurement fell through, and those suffering from Wilson-Konovalov disease were left alone with the question: where to get Cuprenil?

Fantastic warehouse "Kuprenila"

Victoria Ryzhikova: “I feel that my apartment will soon turn into a fantastic warehouse.” Photo: Ksenia Ivanova

Victoria Ryzhkova had a supply of medicine - she bought it six months in advance. Therefore, she began to share with those “copper people” who had nowhere to get “Kuprenil” - the only way to get it at that time was delivery from abroad.

Colleagues in misfortune found each other through social networks. “I seem to recognize most of the Wilsonites from Russia (about 400 people - Ed.),” Victoria wrote in July. – And it all started with the fact that someone monitored my post about “Kuprenil” on VKontakte. And he asked what was happening with the wheels in Belarus and Ukraine. Then I started monitoring VK. Since March, people have been looking for “Kuprenil”, they are ready to buy it for any money, just to live; many Konovalovo residents’ condition is deteriorating, severely deteriorating, even to the point of seizures. People scream for help and essentially die slowly. From my reserves I sent “Kuprenil” to Tyumen and Krasnoyarsk - very sharp. I told the others I found where to buy and how to transport them.”

The drug was delivered from Ukraine and Belarus by Victoria’s friends, and other “Wilsonites”, which Victoria called people suffering from an excess of copper in the body, shared the pink “Kuprenil” tablets they had stored in advance. Those whose condition was not yet critical refused life-saving medicine in favor of seriously ill patients.

“I’ve never seen anything like this anywhere,” Victoria wrote on Facebook. - It would seem that there are no drugs - sit and don’t give your supplies to anyone. But no, we share them to our own detriment... I feel that my apartment will soon turn into a fantastic warehouse.”

Her apartment actually became a warehouse - from there the drug was distributed throughout the country. In addition, Victoria appealed to the prosecutor's office with a request to understand why Cuprenil disappeared from pharmacies, putting the lives of hundreds of people at risk.

In July 2016, supplies of the drug to Russia were resumed. At the end of August, the drug appeared in most Russian regions. This is how Victoria spoke about it:

“My Wilson children receive “Kuprenil” according to prescriptions in the Trans-Ural region in Saransk and Saratov, in Rostov-on-Don, in Voronezh, in Yelets, in Belgorod, in Engels, Krasnodar and Volgograd, in Samara, Kazan and Omsk and probably elsewhere -That. And yes, this is a victory. Thanks to everyone who wrote, reposted, imported and transported, everyone who wrote prescriptions, who bought pills with their own money, for the very poor. There is no need for any state when a person is a person to another.”

Now “Kuprenil” can be bought or obtained by prescription in Moscow and St. Petersburg.

What to do if the medicine is not in the pharmacy?

At the request of Victoria Ryzhkova, Nochlezhka lawyer Ekaterina Dikovskaya developed instructions for patients on what to do if a vital medicine is not in the pharmacy.

– Need to put prescription for deferred care at a pharmacy. There they are required to register it in the register of unsatisfied demand. Such a magazine should be in every pharmacy that dispenses drugs on preferential prescriptions.

– If a prescription is registered in the backlog, it does not need to be left at the pharmacy. The patient takes it with him, but it must be marked with a mark indicating its acceptance for service: date of registration, pharmacy number, signature of the pharmacist.

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

– The patient can call the pharmaceutical company himself, which supplies subsidized drugs to the region, and find out whether the required drug is in stock, when it will be delivered to the pharmacy, and why it is not available. You can also notify the company that the prescription has been accepted by the pharmacy for deferred service (the pharmacy may not inform the company about the deferred prescription). The phone number of the pharmaceutical company can be found at the pharmacy.

– If 16 days have passed and the drug has not yet arrived at the pharmacy, you need to write a complaint to the authorized pharmaceutical company that you never received the preferential medicine.

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

– Medicine provided to the patient free of charge according to a preferential prescription, can be purchased with your own funds, and then demand payment of compensation from the pharmacy. To do this, you need to write a claim to the pharmacy with a request to reimburse the costs. If the pharmacy does not reimburse the money spent, you can go to court.

- Court may refuse to satisfy a claim for reimbursement of funds, if the medicine is purchased independently and the prescription has not been put on deferred maintenance.

Recently, on the Internet, I came across interesting information about how to get a tuft of wool from the black sheep of the Russian healthcare system - free medicines that you are entitled to by law. Having slightly edited the text for better readability and inserted links, I am posting it here as a guide to action.
I must note that I admired the active civic position of the author of the text. I myself, having a medical education and a similar vision of the situation, nevertheless, did not know everything that the author writes about. Although this is not the first day I have been living in Russia, and to the best of my ability I am trying to knock the dust out of domestic healthcare. We should make nails out of these people!
If all our citizens were so active, we could have the present, i.e. health care that is beneficial to the health of citizens.
In the meantime, what kind of citizens...
So, the text itself:

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

1. Look at your medicine according to the DLO list [LIST OF MEDICINES, INCLUDING THE LIST OF MEDICINES PRESCRIBED BY DECISION OF THE MEDICAL COMMISSION OF TREATMENT AND PREVENTIVE INSTITUTIONS, PROVIDED BY THE COMPLIANCE WITH THE STANDARDS OF MEDICAL CARE ACCORDING TO A DOCTOR’S (Paramedic) PRESCRIPTION WHEN PROVIDING STATE SOCIAL ASSISTANCE IN THE FORM OF A SET OF SOCIAL SERVICES ] (you need to search not by the brand name, but by the active substance). Even if your exact active ingredient is not available, you must prescribe a drug with another active ingredient of the same group (for example, nimesulide (Nise) as an anti-inflammatory non-steroidal drug can be replaced with meloxicam, diclofenac, ketoprfen, etc.).

2. Demand (not ask, but demand!) from your doctor to write you a prescription for a subsidized drug, even if he says that he cannot write it because it is not available at the pharmacy. He must do this!!! In case of refusal, call the regional health department with a complaint (you should not call the city department - as a rule, such a situation exists with their knowledge). Say that if measures are not taken, send the complaint by registered mail (oral appeals can be ignored, but written appeals by registered mail are all registered and have legal force even in court).

3. When you have been given prescriptions, you go to the pharmacy, and if they tell you that there are no medications, then you MUST be placed on deferred care by registering in a special register. This rule is valid for all regions (based on ORDER No. 785 dated December 14, 2005 “ON THE PROCEDURE FOR DISpensing MEDICINES”). The pharmacy is obliged to provide you with the medicine no later than 15 days, and even if the prescription is expired when the medicine becomes available, you should not refill it.

4. If you need medications urgently and cannot wait, buy the medications with your own money and keep the receipts so that your insurance company that issued your medical policy will later pay for them. Please note that this applies to medications that are on the benefit list. In addition, purchased medications should be written down on a card, and not on a piece of paper by hand, since the insurance company may require extracts from the card (whether the doctor actually prescribed them and when).

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

Not many of our fellow citizens know that current Russian legislation provides for a certain number of guarantees for preferential and free drug coverage for certain categories of citizens. However, practitioners often encounter difficulties in obtaining the required treatment, but not everyone continues to defend this right and for this reason they often pay significant sums of money to purchase what they have every right to receive for free or on preferential terms. So, there are no subsidized medications, where can I complain?

But before that, you need to understand who is entitled to preferential and free coverage and what is required to receive preferential or free medications.

Who is entitled to preferential and free drug coverage?

1. First of all, the legislator granted this right to persons with disabilities of group 1 or 2, disabled children, as well as veterans of the Great Patriotic War. For these categories of our compatriots, funds are allocated from the federal budget for the needs of drug provision.
2. In addition to the above categories of citizens, children under 3 years of age have the right to preferential or free drug coverage. If a child is raised in a large family, he will have the right to benefits for medicines until he reaches the age of six. This information is usually not provided in district clinics, so most of our citizens are not aware that they have this right.
3. Also, there is a so-called regional list of beneficiaries, which is approved at the level of each individual subject of the Russian Federation.
4. Preferential drug coverage may be provided for citizens with diseases specified by law, which include, for example, HIV, tuberculosis, diabetes, etc. In this case, the patient’s age or disability will no longer be taken into account. The law provides for both permanent benefits and those given for a limited period. An example is the provision of free treatment and medicines to persons who have suffered a myocardial infarction for six months.

What is required to receive preferential drug coverage?

First of all, an applicant for preferential drug coverage must visit a doctor with the following set of documents that will be required to prescribe the necessary drug:

• Any document that confirms your right to receive preferential medications. This may be a pension certificate, a WWII veteran certificate and other documents provided for by law;
• Persons with a confirmed disability group must necessarily provide a certificate from the Pension Fund of the Russian Federation, which confirms that there has been no waiver of the social package provided for by law for persons with disabilities, which includes the right to preferential drug coverage;
• SNILS;
• Compulsory health insurance policy.

To obtain the right to preferential drug coverage, the presence of a disease defined by law must be confirmed by a doctor of narrow specialization. Also, it is mandatory that a physician record the presence of the disease in the card.

If all these conditions are present, the attending physician writes a prescription in a special form, which is established by law for receiving a preferential category of drugs. The doctor puts his personal signature and seal on the prescription form. In addition, such a prescription must also be stamped by the clinic. The validity period of this recipe is 2-4 weeks.

After this, an application is made by the local therapist to the pharmacist of the district (city) hospital that a specific person requires a certain medicine under the right of preferential provision of medicines.

After the fully certified prescription is in hand, the beneficiary should contact the nearest pharmacy that participates in the free medicine program. In practice, situations often arise when the required drug is not available at a given time. In this case, the pharmacist must enter it into the deferred service and make a corresponding note about it in a specialized journal.

Unfortunately, in practice situations often arise when a doctor refuses to issue a corresponding prescription due to the fact that the corresponding drug is not currently available in the pharmacy. Accordingly, such a refusal is illegal and can therefore be appealed in accordance with the procedure established by law.

The doctor cannot refuse to write a preferential prescription

If the doctor still refuses to write you a preferential prescription, ask him to make an appropriate entry in your card indicating the reason for his decision, that is, the lack of the drug in the pharmacy. According to the law, the doctor does not have the right to make such entries in the chart; he will either still write out a prescription, or will continue to insist on his own. In this case, ask him to make a note that you attended his appointment on that very day.

You can write about such unlawful actions of a doctor a complaint addressed to the head physician of the clinic. Such a complaint is usually drawn up in two copies, one of which is given to the secretary of the chief physician. On the second copy, which remains with you, an appropriate note must be made indicating that your complaint has been accepted. If the secretary refuses to accept your complaint, then it should be sent to the chief physician by registered mail. After receiving a complaint, the chief physician is obliged to consider it and make a decision on it to bring the doctor to disciplinary liability and to issue a prescription for a subsidized drug.

Where can I complain about the failure to provide a subsidized or free drug?

In a situation where the discounted medicine is not available at the pharmacy upon receipt of the corresponding request, it must be ordered by the pharmacy staff and delivered within 10 days. If the required drug has not been delivered to the pharmacy within the specified period, the beneficiary has every right to contact the Department of Health. There is a special “hotline” where you can freely call and explain the essence of your problem. You can also ask for this situation to be brought under control.

Anyone can find the list of preferential drugs on the official website of Roszdravnadzor. This site also provides the opportunity to file a complaint about difficulties that have arisen in connection with receiving preferential or free drug coverage. The complaint is written in free form, but it must include the following information:

• Applicant's passport details;
• Address of his actual residence;
• The nature of the benefits that give the right to preferential drug coverage;
• Contact phone number or email address.

In addition to the above mandatory details, the essence of the complaint must be clearly stated. All facts should be described briefly but succinctly. The chronological sequence in their presentation is also mandatory. The chaotic form of the story is unacceptable. The outcome of your complaint directly depends on the clarity and brevity of your presentation of facts, so approach this issue with the utmost seriousness.

If any officials or organizations interfere with the exercise of your right to preferential or free drug coverage, you can file a corresponding complaint with the prosecutor's office. The following documents must be attached to such a complaint:

• Copy of the passport;
• A copy of a document that can confirm your right to benefit;
• A doctor's prescription.

Thus, if they do not provide free or discounted medications, then, in my opinion, it is most effective to contact the prosecutor’s office or the executive authorities in the field of health care.

Good afternoon.

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