There is no medicine in the pharmacy, what should I do? The Supreme Court of the Russian Federation explained what to do if the pharmacy does not have the necessary medicine

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!

The Russian Government compiles a list of preferential medications every year. It is called the “List of Medicinal Products for Medical Use.” The list of preferential medicines for 2019 was approved by order of the Russian Government The list was approved by Decree of the Government of Russia No. 2738-r dated December 10, 2018 “On approval of the list of vital and essential medicines for 2019, as well as lists of medicines for medical use and the minimum range of medicines necessary for the provision of medical care.”

There are several different lists in the document. You need a “List of medications for medical use, including medications for medical use prescribed by decision of medical commissions of medical organizations” (Appendix 2).

• Federal beneficiaries in this case include:
  • veterans;
  • disabled people, including disabled children;
  • former minor prisoners of fascism;
  • persons exposed to radiation due to radiation accidents and nuclear tests;
  • awarded the titles of Hero of the Soviet Union, Hero of the Russian Federation or holder of the Order of Glory of three degrees (full holder of the Order of Glory);
  • family members of deceased heroes or full holders of the Order of Glory (widow (widower), parents, children under 18 years of age, children over 18 years of age who became disabled before they reached the age of 18, and children under 23 years of age studying in educational institutions for full-time study);
  • awarded the titles of Hero of Socialist Labor, Hero of Labor of the Russian Federation or awarded the Order of Labor Glory of three degrees (full holders of the Order of Labor Glory).
  ">federal beneficiaries entitled to receive Federal beneficiaries receiving a monthly cash payment (MCA) are entitled to a set of social services, which includes:
  • necessary medicines, medical products and specialized medical nutrition products for disabled children;
  • vouchers for sanatorium-resort treatment for the prevention of major diseases;
  • free travel on commuter rail and intercity transport to and from the place of treatment.

  You can receive it either in kind or in cash. In this case, the beneficiary can choose, for example, one service in kind, and two in cash equivalent.

  In what form (in kind or cash) you want to receive assistance, you must indicate in your application to the Pension Fund. The decision can be made once, without the need to confirm it annually. The application is submitted before October 1 of the current year and becomes valid on January 1 of the next year.

  The current amount of the monetary equivalent of social services can be found at website of the Russian Pension Fund. ">set of social services

  and who wrote an application for the provision of medicines and medical products in kind. They can receive all medications on the list for free. Disabled children, if there are medical indications, are given prescriptions not only for medicines and medical products, but also for specialized medical nutrition products;
• Medicines prescribed by a doctor should be received free of charge:
  • home front workers;
  • rehabilitated persons;
  • citizens recognized as victims of political repression;
  • family members of those rehabilitated who suffered as a result of repression and who are pensioners;
  • participants in the defense of Moscow;
  • heroes of the Soviet Union, heroes of the Russian Federation, full holders of the Order of Glory;
  • participants in the prevention of the 1962 Cuban Missile Crisis;
  • children of the first three years of life;
  • children from large families under the age of 18;
  • mothers who gave birth and raised 10 or more children;
  • orphans and children left without parental care, persons from among them while studying in state educational institutions of primary, secondary and higher vocational education;
  • pregnant women.

  A 50% discount on medications with a doctor's prescription is provided:

  • citizens awarded the signs “Honorary Donor of Russia” and “Honorary Donor of the USSR”;
  • pensioners receiving a minimum pension for old age, disability or loss of a breadwinner.
  ">Moscow beneficiaries . They can receive all the medications on the list, but some receive them for free, and some receive a 50% discount. In this case, you must be permanently or temporarily registered in Moscow;
• people with some All medications are provided free of charge to people suffering from diseases such as:
  • AIDS, HIV infection;
  • oncological diseases (they also provide free dressings to incurable cancer patients);
  • leprosy;
  • diabetes (they also provide free ethyl alcohol (100 grams per month), insulin syringes such as “Novopen”, “Plivapen” 1 and 2, needles for them, diagnostic tools);
  • mental illnesses (patients working at medical and industrial enterprises, for occupational therapy, training in new professions and employment at these enterprises);
  • schizophrenia and epilepsy;
  • Gaucher disease;
  • cystic fibrosis;
  • mucopolysaccharidosis types I, II and VI.

  Drugs intended to treat only a specific disease, are provided free of charge to people with diseases such as:

  • cerebral palsy;
  • radiation sickness;
  • systemic chronic skin diseases;
  • bronchial asthma;
  • myocardial infarction (first six months);
  • multiple sclerosis;
  • myopathy;
  • cerebellar ataxia of Pierre Marie;
  • Parkinson's disease;
  • helminthiasis (for some population groups).

  Drugs to treat some symptoms are provided free of charge to people with diseases and conditions such as:

  • hepatocerebral dystrophy and phenylketonuria;
  • acute intermittent porphyria;
  • hematological diseases, hemablastosis, cytopenia, hereditary hemopathy;
  • tuberculosis;
  • severe form of brucellosis;
  • rheumatism, rheumatoid arthritis, systemic lupus erythematosus, ankylosing spondylitis;
  • condition after heart valve replacement surgery;
  • organ and tissue transplantation;
  • pituitary dwarfism;
  • premature sexual development;
  • myasthenia gravis;
  • chronic urological diseases;
  • syphilis;
  • glaucoma, cataract;
  • Addison's disease;
  • diseases of the small and large intestine, causing the formation of a stoma, diseases of the urinary system, leading to the formation of a cutaneous stoma.
  ">diseases or conditions . Depending on the disease, they can receive free of charge either all the drugs on the list, or only those that are necessary to treat their disease, or only those that treat the symptoms of their disease or condition.

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.

You need to fill out a prescription for deferred care at the 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 a prescription, the pharmacy must submit a request for the drug to the pharmaceutical company authorized to supply preferential drugs to the region and provide the drug to the patient within 10-15 days.

The patient can call the pharmaceutical company that 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 have not received the discounted drug.

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.

A medicine prescribed to a patient free of charge under a preferential prescription can be purchased with one’s 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.

The 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.

The Supreme Court of the Russian Federation indicated the procedure for pharmacists if the pharmacy does not have the necessary medicine for a beneficiary. In such cases, the pharmacist is obliged to register the person who needs the medicine and guarantee to provide the necessary drug within 10 days, and in urgent cases, do this within 48 hours. If possible, the required drug can be replaced with a generic.

The basis for the decision of the Supreme Court was the complaint of a disabled woman from the Krasnoyarsk Territory, Irina Mushallaeva. When she went to the pharmacy for a drug to treat cancer, it was not there. She had to buy the necessary medicine at her own expense, spending 95 thousand 550 rubles on it. Moreover, the pharmacy sent a letter to the medical institution in which it asked to withdraw the prescription, since the stock of this medicine in the pharmacy had run out.

Irina Mushallaeva went to court demanding compensation for her treatment expenses. The court of first instance sided with her, but the Krasnoyarsk Regional Court overturned the decision to recover damages. Then the woman appealed to the Supreme Court of the Russian Federation.

Instructions:

What should a patient with primary immunodeficiency do if the doctor does not write a preferential prescription?

The Supreme Court overturned the appeal decision and outlined the procedure if the pharmacy did not have the necessary medicine for beneficiaries. In particular, the pharmacist is obliged to register him and guarantee to provide him with the necessary medicine within 10 days, and in urgent cases, do this within 48 hours. If possible, the required drug can be replaced with a generic.

The pharmacy must inform the supplier if the required medicine is unavailable. At the same time, the pharmacy does not have the right to ask to withdraw a prescription for a medicine, citing the fact that its supplies have run out.