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Specustawa - information

Entitlement to medical assistance and the provision of medicines and medical devices for Ukrainian citizens guaranteed by the provisions of a special law.

- On 12 March 2022, with effect from 24 February 2022, the Law on Assistance to Ukrainian Citizens in Connection with Armed Conflict in the Territory of Ukraine (hereinafter referred to as "specustawa") entered into force.
- The law grants the right to medical services, reimbursement of medicines and provision of medical products to citizens of Ukraine, who came to Poland in connection with the Russian aggression, on similar principles as the insured persons.
- The Act grants the right to medical services provided by healthcare providers on the basis of contracts on the provision of healthcare services, and by pharmacies on the basis of contracts on the provision of prescriptions, concluded with the National Health Fund.

Who is entitled to medical benefits under the provisions of the specusto?

All those who entered Poland from 24 February 2022.
The right to benefits in Poland, as for insured persons , includes:
a. citizens of Ukraine who have directly crossed the Polish-Ukrainian border,
b. spouses of citizens of Ukraine without Ukrainian citizenship who have directly crossed the Polish-Ukrainian border,
c. citizens of Ukraine with the Card of the Pole (they did not have to directly cross the Polish-Ukrainian border),
d. members of the immediate family of a citizen of Ukraine with the Card of the Pole,
e. The right to benefits also extends to a child already born in Poland if its mother is a person specified in letters a or b.
f. Entitlement to medical benefits under the specustawa does not apply to persons who, before 24 February 2022, were legally residing in Poland on the basis of residence permits or had refugee status or applied for such status.


IMPORTANT!

"immediate family" includes the spouse, ascendants (parents, grandparents), descendants (children, grandchildren), siblings, relatives in the same line or degree (son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepchild), a person in an adoption relationship and their spouse, and a person in a shared life.

Medical services to which persons entitled under the special law are entitled

a. Persons mentioned in point. 1 "EMPLOYED" are entitled to health care services provided in Poland on analogous principles and in the same scope as persons insured in Poland.

IMPORTANT!

Except: spa treatment, spa rehabilitation, right to treatment abroad, reimbursement for treatment abroad under the "cross-border" directive.

b. They are also entitled to medicinal products under the health programmes of the Ministry of Health.

c. The persons listed under pt. 1 "EMPLOYEES" are also entitled to benefits for the prevention and treatment of infectious diseases, namely COVID-19 vaccination, coronavirus testing (antigenic and PCR) and COVID-19-related treatment.

d. Children (under point 1 "EMPOWERED") are entitled to preventive vaccinations within the preventive vaccination calendar (Programme of Protective Vaccinations - PSO for 2022): Communication on the implementation of preventive vaccinations in children who crossed the borders of the Republic of Poland with Ukraine in connection with the armed conflict on the territory of that country - Ministry of Health - Portal Gov.pl (www.gov.pl)

All benefits listed in subsections a-d are provided free of charge to those entitled. They are financed by the state budget through the National Health Fund.

Loss of entitlements

A citizen of Ukraine who leaves Poland for more than one month loses entitlements to medical benefits under the special law.

HOW TO DEAL WITH PERSONS NOT COVERED BY THE SPECUSTAWA WHO FOUND THEMSELVES IN POLAND AS A RESULT OF THE ARMED CONFLICT IN UKRAINE?

Since 4 March 2022, EU Council Implementing Decision 2022/382 has been in force in Poland, which establishes the existence of a mass influx of displaced persons from Ukraine, within the meaning of Article 5 of Directive 2001/55/EC, and introduces temporary protection for the persons listed in paragraph 4.1.

  1. The decision covers:
    a. citizens of Ukraine residing in Ukraine before 24 February 2022 and their family members,
    b. third-country nationals and stateless persons who enjoyed international protection (refugees) in Ukraine before 24 February 2022 and their family members,
    c. third-country nationals and stateless persons who stayed in Ukraine before 24 February 2022 on the basis of a permanent residence permit and cannot safely return to their country.

    IMPORTANT!
    "Family member", as defined by the EU Council Decision, is: spouse, partner recognized by law; minor and unmarried children; children of the spouse, other close relatives, if they lived together as one family and were dependent on the person under temporary protection.
  2. Are the persons mentioned under point 4.1 entitled to medical care? 4.1 are entitled to medical care?
    Yes, they are entitled to medical care in accordance with Articles 110 and 112 of the Act on granting protection to foreigners within the territory of the Republic of Poland, which was amended by the enactment of a special law.
  3. Who provides this care?

a. A person enjoying temporary protection, who has been issued a certificate referred to in art. 110 par. 5 , the Head of the Office for Foreigners shall provide, upon his/her request, with medical care.

IMPORTANT!

The Head of the Office for Foreigners issues, upon request, a certificate confirming the use of temporary protection to a person enjoying temporary protection.

b. Medical care is provided in medical facilities that have an agreement with the Head of the Office for Foreigners.

c. The costs of this care shall be covered by the Head of the Office for Foreigners from the State budget.

d. In addition, these persons are entitled to benefits for the prevention and treatment of infectious diseases - including COVID-19 vaccination, coronavirus testing (antigenic and PCR), COVID-19 treatment. These are financed by the state budget through the National Health Fund.

Verification of entitlement to medical benefits for persons eligible under the specu

BEFORE THE ENTRY INTO FORCE OF THE SPECUS (from 24 February to 11 March 2022) on the basis of any document that proves identity, among others:

a. passport of a citizen of Ukraine with a stamp of the Border Guard of the Republic of Poland,
b. certificate issued by the Border Guard of the Republic of Poland,
c. identity card,
d. driving licence,
e. marriage certificate,
f. birth certificate,
g. other document confirming the status of Ukrainian citizenship, border crossing, place of border crossing; status of a spouse of a Ukrainian citizen, kinship in the case of the closest family of a Ukrainian citizen with the Card of Pole.

AFTER THE ENTRY INTO FORCE OF THE SPECUS (from 12 March 2022) in addition on the basis of:

a. special PESEL number assigned to Ukrainian citizens ,
b. e-document (adult persons who register with the municipality and are given a PESEL number and create a trusted profile can activate the e-document confirming the status of an entitled person) ,
c. printout of the confirmation of the creation of a trusted profile of an entitled person (contains: name and surname, PESEL number) .

Primary health care and the provisions of the special law

An eligible person is treated as a patient who is not on the active list of the POZ, by virtue of a special law, and may receive care from the POZ on the basis of the rules of a person who is not on the active list of a given provider.

Reimbursement of prescriptions for medicines, foodstuffs for particular nutritional uses and medical devices and the provisions of the special law

  1. Reimbursed prescriptions and medical devices are available to persons entitled under the special law on the same basis as to all insured persons.
  2. Basic rules of issuing prescriptions:
    a. in order to provide benefits in kind (prescription of a medicine), the patient's entitlement must be verified and recorded in the medical records.
    b. the rules of issuing prescriptions are the same as for EU citizens with the right to benefits, with the exception of the identifier, which will take the value depending on the document the person entitled under the Act will have.
    c. A refundable prescription for a child who does not have an identity document may be issued if it is possible to indicate a guardian who meets the conditions for the type of document confirming identity.

IMPORTANT!

- A prescription issued to a person authorised under the specs act must include an IN code.

- A person authorized under the special law who is not assigned a special PESEL number and to whom an electronic prescription is issued by an authorized person in Poland should receive an information printout with the access key additionally presented in the form of a bar code , which will allow the person filling the prescription to read the prescription from the electronic SIM (P1) platform.

  1. Basic rules for prescriptions

a. Fulfilment of prescriptions issued with the IN code for persons entitled under the special law is performed similarly to EU citizens with the right to benefits, with the reservation that there is no obligation to have the EHIC card or NFZ certification.
b. There is no need to copy/scan the document confirming eligibility.

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