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  • HEALTH SERVICES AND HEALTHCARE IN THE LIGHT OF THE PRIVATE LAW RECAST – TWO-TRACK LEGISLATION

    11. 03. 2015

    Over the past several years, applicable legislation covering healthcare services has undergone a number of important legislative changes affecting both healthcare providers and service recipients (patients).

    As of April 1, 2012, a package of public-law legislation became effective, of which the Act No. 372/2011 Coll., on medical services (hereinafter referred to as "Medical Services Act"), regulating the provision of healthcare services and replacing the 1960´s legislation, is the most important. In addition to Medical Services Act, there are other pieces of legislation, such as, inter alia, the Act No. 373/2011 Coll., on specific health services, etc. Additionally, as of January 1, 2014, the Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "New Civil Code") came into effect. The New Civil Code, as the central code of private law, regulates among other things also healthcare.

    The respective provisions of the New Civil Code by their nature cover a wider range of professions and cases than the Medical Services Act, such as masseurs, home attendants, or healers, and the New Civil Code will serve as the basis for compensation claims for damage caused in connection with the provision of health services, respectively healthcare, even if the harm was the result of failed care under the Health Services Act.

    Opinions on the practical impact of this "double-track" legislation vary among professional and lay public. At this time, however, partial problems arising from it are being relatively frequently addressed and we will continue to cover those in our Current Issues.

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