Article 25 Health
275. In the Health Care Development Plan, one of the three priority fields of the maintenance
276. and improvement of health is health care for especially vulnerable groups of population, within the framework of which is one of the set objectives to achieve full health potential of persons with disabilities through implementation, monitoring and evaluation of the Strategy for Improving the Position of Persons with Disabilities.
277. The task of the Strategy for Improving the Position of Persons with Disabilities and the Action Plan is to define objectives, measures and activities that would contribute to a social model and approach based on human rights be incorporated in measures effecting the issues of the position of persons with disabilities. In accordance with the set up frame, it has been planned that until 2015 general objectives would be achieved, inter alia, making social, health and other services based on rights and needs of beneficiaries available, in accordance with modern internationally accepted methods of assessment of disabilities and needs.
278. The Strategy for Improving the Position of Persons with Disabilities has as one of the general objective to make social, health and other services based on rights and needs of beneficiaries available, in accordance with modern internationally accepted methods of assessment of disabilities and needs. The needs shall be assessed applying internationally recognized methods. In addition to this, the availability of these services in architectural, organizational and programme sense should be also ensured. Also, it is necessary to develop and ensure accessibility of other services as well, which imply the application of modern technologies, and information programmes for persons with disabilities about the rights and options how to use such services at the local level..
279. The Strategy for Improving the Position of Persons with Disabilities makes a request to have a gradual but a compulsory transformation of the assessment system, in order that it would be functional and in accordance with the system to be constituted through the reform process, namely in accordance with the system rendering possibilities and which is based on capabilities of persons with disabilities. The Strategy prescribes the introduction of a (bio-psycho) social model of disability, which makes the theoretical ground of the International Classification of Functioning, Disability and Health.
280. Within the framework of the general objective there is a special objective concerning improvement of the system of support and services directed towards beneficiary in accordance with his/her needs. The measures to achieve the above mentioned objective are: to develop further the concept of assessment of capabilities and needs towards bio-psycho-social model and harmonization of the standards of national classification with international standards of classification of functioning, disability and health; to develop the quality standards of social, medical and other services to be rendered to persons with disabilities in the local community, providing programme and methodological support to their implementation; to develop quality control system for social, medical and other services through the system of supervision, monitoring, programmes of education and professional advancement of service providers; to ensure that the system of social, medical and other services for persons with disabilities shall fully respect the principle of availability of services in the local community, under entire application of deinstitutionalization process; to ensure development of multi-disciplinary team work at all levels through linking the institutions with another two sectors; to ensure accessibility of social, medical and other services in architectural, organizational and programme sense – space with no ramps, mobile services, flexible working hours, adjusted information formats, educated service providers, as well as inclusion of modern technologies; to develop mechanisms that would enable the existence of pluralism of service providers (governmental institutions, agencies, associations of citizens and private sector), which shall render services on the grounds of established standards and principle of "the beneficiary (person with disability) is in the centre of created and rendered service", respectively; to develop the standards of services, training and qualification for personal assistants; to ensure continuity, compatibility and inter-sector co-operation in rendering services to persons with disabilities; to develop a model of "means follow beneficiary", so that a person with disability has the right to choose the type of service and provider; to encourage and support development of new services in the local community applying individual plans encouraging being active and support autonomy of persons with disabilities; to ensure comprehensive health care for persons with disabilities (health promotion, prevention of diseases at all levels, early diagnosis, treatment and rehabilitation), without discrimination in relation to their conditions and disease, in accordance with their requirements; to provide that persons with disabilities shall accomplish the right to modern medical-technical aids (dentures, orthosis and other apparatuses for walking, standing and seating, apparatuses for sight, hearing, speech and other apparatuses) in accordance with their needs; to ensure that medical workers render health care to persons with disabilities, respecting all rights of patients (the right to information, free choice of doctor, privacy and confidentiality of information, right to decision-making and approval, review of medical documentation, secrecy of data, objection, damage compensation); to provide for persons with disabilities access to specialized services of health care and rehabilitation; to ensure existence and development of rehabilitation programmes for all groups of persons with disabilities, based on individual requirements; to develop information programmes for beneficiaries with disabilities on the rights and options how to use services and prepare maps of available services at the local level for this purpose; to introduce new jobs relevant for the development of services, through the programme of development of classification of professions.
281. As one of the measures, the Strategy prescribes the provision of accomplishment of the right to special apparatuses for correction and compensation, their regular maintenance, provision of medical goods and medicines the costs of which for the procurement and maintenance shall be secured from compulsory health insurance. The accomplishment of this right is presented in the part relating to the application of Article 20 of the Convention.
282. With the aim to monitor achieved results and assess success of implementation of developed plans, the Government of the Republic of Serbia will establish a body – the Council for Implementation of the Strategy for Improving the Position of Persons with Disabilities, which shall also have the task to prepare summary reports of the line ministries, adequate institutions and other adequate partners on the activities and achieved results in the field of improving the position of persons with disabilities.
283. In the part concerning human rights and values of health care, the Law on Health Care prescribes that every citizen shall have the right to accomplish health care with respect for the highest possible standard of human rights and values, namely that he/she has the right to physical and psychical integrity and security of personality, as well as with respect for his/her moral, cultural, religious and philosophic beliefs, and that every child up to the age of 18 years has the right to the highest possible standard of health and health care. This provision is valid for all persons, also including persons with disabilities.
284. The Law on Health Insurance (LHI) establishes that persons belonging to the population groups exposed to increased risk of disease shall also be considered insured persons, persons whose health care is necessary regarding prevention, suppression, early diagnosis and treatment of diseases of higher social-medical importance as well as persons belonging to the category of socially endangered impaired population, if they do not meet the requirements to obtain the status of insured persons, or if they do not accomplish the rights contained in compulsory health insurance as the members of the family of the insured person, who include, inter alia, persons with disabilities and persons with mental disabilities. For these persons the funds for payment of contributions for compulsory health insurance are allocated in the state budget on the basic amount and according to contribution rate for compulsory health insurance as prescribed by law. Thus, persons with disabilities and persons with mental disabilities gain the status of insured persons accomplishing the rights contained in compulsory health insurance with the contents, scope and method and according to the procedure prescribed by this Law and the regulations adopted for the implementation of this Law as all other insured persons.
285. The right to availability of health care provides that every patient has the right to available health care in accordance with his/her health conditions, and within the limits of financial capacities of health care system. In the procedure of accomplishment of health care a patient has the right to equal access to medical service without discrimination in relation to financial capacities, place of residence, type of disease or time of access to medical service.