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Agreement on the provision of medical care to citizens of states-participants in the Commonwealth of Independent States

Registered in the national registry of legal acts
Of the Republic of Belarus 22 October 2003 N 3/991

AGREEMENT ON PROVISION OF MEDICAL CARE TO CITIZENS
STATES MEMBERS OF THE COMMONWEALTH OF INDEPENDENT STATES

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Entered into force for the Republic of Belarus on 27 may 1997.

States parties to the present Agreement in the face of the governments, further - the Parties,
proceeding from the importance of cooperation of the Commonwealth of Independent States member States in the field of health protection of their citizens,
wishing to promote further development and deepening of cooperation in the field of medical care,
have agreed as follows:

Article 1

For purposes of this Agreement, the following terms shall mean:
"Commonwealth state" means a state that is a member of the Commonwealth of Independent States and a party to this Agreement;
"state of habitual residence" : the state of which the patient is a national and in which he or she permanently resides;
"state of temporary residence" means the state providing medical services to a patient who is not a national of that state;
"sending country" - the Commonwealth state represented by the Ministry of health, which sent one of its citizens to receive medical care in another Commonwealth state;
"host country" - the state of the Commonwealth providing rendering medical services to citizens of other state of the Commonwealth;
"ambulance and emergency medical care" - a range of medical services provided in case of acute physical or mental health disorders of the patient, threatening his life or the health of others;
"planned medical care" - a set of medical services provided in the event of physical or mental health violations of the patient, which do not pose an immediate threat to his life or the health of others.

Article 2

Emergency medical care in sudden acute conditions and diseases that threaten the life of the patient or the health of others, accidents, poisoning, injuries, childbirth and emergency conditions during pregnancy is provided to citizens freely, free of charge and in full in the territory of the state of temporary stay medical institutions (hereinafter-LPU), regardless of the legal forms, departmental affiliation and forms of their property.
From the moment when the threat to the life of the patient or the health of others is eliminated and its transportation is possible, further medical care is provided on a fee basis.
The possibility of safe transportation of the patient is determined by the clinical and expert Commission of the LPU providing medical care, which is legally responsible for the correctness of the conclusion about transportability.

Article 3

The provision of scheduled medical care to citizens in the territory of the state of temporary residence is carried out on a fee basis with the conduct of settlements at contractual prices or current price lists.
The basis for providing this or that type of planned medical care is availability of the corresponding medical documents and the guarantee obligation of the sending country about payment of the actual cost of medical care.
In the absence of these documents planned medical care is provided after the prepayment in the amount of not less than the estimated cost of treatment with subsequent settlements on the actual costs between the health care provider and the patient or legal (physical) person representing it.
In some cases, by agreement of the parties, planned consultative and diagnostic medical care can be provided on other conditions to citizens suffering from serious diseases.

Article 4

Planned medical care in the territory of the state of temporary residence is provided to persons officially recognized as refugees in the manner and under the conditions established by the legislation of that state.

Article 5

Persons permanently residing in the state of temporary residence on the basis of a residence permit and who are citizens of other States of the Commonwealth, medical care is provided in accordance with articles 2, 3, 4 and 8 of this Agreement.

Article 6

Military personnel, workers and employees of the armed forces, members of the limited contingents of the peacekeeping forces, as well as members of their families, are provided with the necessary medical care in the health facilities of the state of temporary residence in accordance with the existing international treaties on medical and social guarantees for these categories of citizens.

Article 7

Planned medical care to the citizens working under the contract (employment contract) in the state of temporary stay, is carried out at the expense of the employer in the manner and in the amount provided by the contract, or at the expense of personal funds of citizens.
Payment for the treatment of occupational diseases or industrial injuries related to the work of citizens in the state of temporary residence is carried out at the expense of the employer in the manner and under the conditions provided for by the legislation of that state.
The same provision applies to citizens living in border areas and working in the territory of neighbouring parties.

Article 8

Examination of disability in diseases and injuries is carried out in the territory of the state of temporary residence in accordance with the legislation of this state.
The document issued by LPU of the state of temporary stay and certifying temporary disability of citizens at diseases and injuries is the sheet of disability recognized by all Parties which is subsequently replaced by LPU of the state of permanent residence with the document (leaf) certifying temporary disability, the sample accepted in this state.
In case of permanent disability of the medical institution of the state of temporary stay, the document (dispatch sheet) recognized by all parties shall be issued to the bodies of examination of the working capacity of the state of permanent residence or temporary stay of the patient.

Article 9

Benefits for medical and medicinal provision of citizens established by the government of the former USSR and recognized by the Commonwealth States shall be provided by the state of permanent residence in the manner and under the conditions determined by national legislation.

Article 10

The parties will instruct the Commonwealth of Independent States health cooperation Council, in coordination with the relevant ministries and departments of the Commonwealth member States, to prepare specific proposals on the mechanism for the implementation of this Agreement and to submit them to the meeting of the Council of heads of government of the Commonwealth of Independent States in accordance with the established procedure.

Article 11

The official language for filling in medical documentation sent to other States of the Commonwealth is Russian.

Article 12

This Agreement shall enter into force on the date of its signature and, for States whose legislation requires the fulfilment of the domestic procedures necessary for its entry into force, on the date of notification to the Depositary.

Article 13

This Agreement may be amended and additions by mutual agreement of the Parties.

Article 14

This Agreement is valid for 5 years from the date of its entry into force. At the end of this period, the Agreement shall be automatically extended for a period of five years unless the parties decide otherwise.

Article 15

Each Party may withdraw from this Agreement by sending a written notice thereof not later than 6 months prior to withdrawal, settling the obligations arising during the validity of the Agreement.

Article 16

This Agreement shall be open to accession by other States sharing its purposes and principles by transmitting to the Depositary an instrument of such accession.

Done at Moscow on 27 March 1997 in one authentic copy in Russian. The original copy shall be kept by the Executive Secretariat of the Commonwealth of Independent States, which shall transmit to each signatory state a certified copy thereof.

For the Government
of the Republic of Azerbaijan

For the Government
of the Republic of Moldova

A. Abbasov

I. Chubuk

For the Government
of the Republic of Armenia

For the Government
of the Russian Federation

G. Shahbazyan

V. Chernomyrdin

For the Government
of the Republic of Belarus

For the Government
of the Republic of Tajikistan

M. Myasnikovich

Ya. Azimov

For the Government
Georgia

For the Government of
Republic Uzbekistan

N. Lekishvili

B. Khamidov

For the Government
of the Republic of Kazakhstan

For the Government of
Ukraine

A. Kazhegeldin

V. Durdynets

For the Government
Kyrgyz Republic

A. dzhumagulov

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The agreement was signed by the Azerbaijan Republic with a caveat:
"Article 6 does not apply to the Republic of Azerbaijan;
Article 10-the Republic of Azerbaijan is not a party to the agreement on cooperation in the field of public health protection of 26.06.92".
The agreement signed by Georgia with the caveat (not shown).
The agreement was signed by Ukraine with a reservation.
The agreement was not signed by Turkmenistan.


RESERVATIONS BY UKRAINE
UNDER ITEM 9 OF THE AGENDA OF THE MEETING OF COUNCIL OF HEADS OF GOVERNMENT
STATES - PARTICIPANTS OF THE CIS "ABOUT THE PROJECTS AGREEMENT
THE PROVISION OF MEDICAL CARE TO CITIZENS OF THE STATES
OF THE COMMONWEALTH AND OF THE PROTOCOL ON MECHANISM OF IMPLEMENTATION OF THIS
AGREEMENT IN PART ORDER GRANTING
MEDICAL SERVICES"

1. According to the draft Agreement:
"Except for articles 5 and 6 and regulations on temporary application (Art. 12); only for the state LPU (Art. 2); after carrying out the domestic procedures provided by the legislation of Ukraine for this kind of International agreements (Art. 12)".
2. On the draft Protocol:
"with the exception of paragraph 2 of section 4.2 and only for public hospitals (p. 1)".
3. On the draft Agreement and the draft Protocol: "taking into account the national legislation of Ukraine."

First Deputy Prime Minister of Ukraine

In. DURDINETS


Useful links:

Decree of the President of the Republic of Belarus of August 7, 2019 № 300 On Establishing a Visa-Free Procedure for Entry and Exit of Foreign Citizens
Decree of the Council of Ministers of the Republic of Belarus on October 14, 2019 № 699
Decree of the President of the Republic of Belarus of 9 January 2017 No. 8 On the introduction of the visa-free entry and departure for foreign citizens
Decree of the President of the Republic of Belarus from 24 July 2018 № 295 On changing the Decree of the President of the Republic of Belarus