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The Health Ombudsman: Mechanism for Patients' Rights Protection
 
On October 11, 2005 the Center for the Study of Democracy hosted a public discussion on the two Draft Laws on the Patients’ Rights and Obligations, which were recently submitted to the 40th National Assembly.


The draft laws provide for the creation of the institution of the health ombudsman as a mechanism for the protection of the patients’ rights. Representatives of the Human Rights and Religious Affairs Committee of the Parliament, the Parliamentary Ombudsman, the Ministry of Health, the National Social Security Institute, the office of the Sofia Municipality Public Mediator, non-governmental organizations working in the area of public health and patients’ rights and media attended the event. Unfortunately, the invited representatives of the Parliamentary Healthcare Committee did not attend the discussion.

Dr. Maria Yordanova, Director of the Law Program of the Center for the Study of Democracy presented the yearlong work of the Center in the field of establishing the ombudsman institution, including the recent study of the possibilities and the foreign experience in the introduction of specialized ombudsmen in different areas of public life. The research on the specialized health ombudsmen is part of the work of the Center in this field.

Ms. Dragomira Paunova from the CSD Law Program presented to the participants the critical observations and comments, made by CSD experts on the regulations of the institution of the healthcare ombudsman.

Ms. Rada Kulekova from the “Protection of Health” Confederation spoke about the general weaknesses of the draft laws, including the provisions on the mechanisms for protection of the patients’ rights. She stressed on the exclusively declarative character of the two draft laws, pointing out that neither of them offers any effective guarantees for the realization of the patients’ rights.

Among the active participants in the discussion that followed were Ms. Rossitsa Totkova, Official on Social Issues at the office of the Parliamentary Ombudsman, Ms. Valentina Taneva – Sofia Municipality Deputy Public Mediator, Ms. Tatyana Ivancheva from the “Multiple Sclerosis Society” - Bulgaria, Dr. Georgi Uzunov from “Preservation and Public Health Control” Direction of the Ministry of Health, Dr. Plamen Radoslavov from the Federation of Health care Trade unions at the Confederation of Independent Syndicates in Bulgaria, etc.

The participants in the discussion shared the opinion that the two draft laws suffer from serious imperfections as to both the provisions regarding the health ombudsman and the general conception and substance. In the view of the participants, the draft laws must be withdrawn and substantially revised by experts before their re-submission to the Parliament.

The Center for the Study of Democracy made a commitment to submit to the Parliamentary Healthcare Committee its position together with all comments and opinions, provided by the participants in the discussion and all other relevant stakeholders. It was accepted that the Center and the Parliamentary Ombudsman will jointly coordinate the future work in relation to the proposition for the establishment of the health ombudsman.




Agenda of the discussion
Summary of the discussion

 
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