Article 34-1. Investigation into the provision of medical services (assistance) The Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan

Home / RLA / Article 34-1. Investigation into the provision of medical services (assistance) The Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan

1. Investigations are conducted on the grounds provided for in subparagraphs 1) and 2) of paragraph 3 of Article 144-4 of the Entrepreneurial Code of the Republic of Kazakhstan.

2. Investigations are conducted by officials provided for in paragraph 1 of Article 31 of this Code, in accordance with this Code, the Business Code of the Republic of Kazakhstan and the procedure for conducting investigations in the field of medical services (assistance).

3. Independent experts and specialized specialists with special scientific knowledge and skills, specialists, consultants and experts from other government agencies and subordinate organizations may be involved in the investigation to assist in the collection, research and evaluation of evidence.

4. The subjects of control and supervision in the framework of the investigation are obliged to ensure:

1) submission of documents and (or) materials, including archival, written and electronic explanations related to the case of the investigation, as well as provide access to automated databases (information systems);

2) unhindered access to officials exercising state control and supervision in the provision of medical services (assistance) or members of the commission to the territory of the facility related to the subject of the investigation (administrative buildings, buildings, facilities, premises and other facilities).

4-1. In the course of the investigation and based on the results, if there are grounds provided for in paragraph 4 of Article 34-2 of this Code, rapid response measures are applied in accordance with this Code.

5. During the investigation, the reasons for the violation of the requirements of the legislation of the Republic of Kazakhstan are established, the subjects (objects) of control and supervision that have violated the requirements of the legislation of the Republic of Kazakhstan, which have become the basis for the investigation, are determined.

6. Based on the results of the investigation, an act on the results of the investigation is drawn up, which, among other things, reflects the identified violations, instructions for their elimination, and deadlines for eliminating the identified violations.

The time limits for the elimination of identified violations are determined taking into account the circumstances affecting the actual possibility of their execution, but not less than ten calendar days from the date of delivery of the act on the results of the investigation.

7. If additional time and (or) financial costs are required to eliminate the identified violations, the subject of control and supervision has the right to apply to the state body in the field of medical services (assistance) with an application for an extension of the time limit for eliminating the identified violations no later than three working days from the date of delivery of the act on the results of the investigation.

8. If a control entity is identified as having violated the requirements of the legislation of the Republic of Kazakhstan, measures are taken to bring persons to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan.

9. In case of early elimination of the revealed violations specified in the act on the results of the investigation, the subject of control and supervision is obliged to provide information on the elimination of the revealed violations.

The control entity shall attach materials proving that the violation has been eliminated to the information provided on the elimination of the identified violations.

In the case of providing information on the elimination of identified violations, as well as in the case of its failure to provide within the time limits set out in the act on the results of the investigation, an unscheduled inspection is carried out.

10. The grounds for invalidation by a higher-level chief state medical inspector of an act on the appointment, extension and results of an investigation and (or) its cancellation are the absence of grounds for conducting an investigation and non-compliance by an official or members of the commission with the procedure for conducting investigations in the field of medical services (assistance).

11. The results of the investigation, with the exception of information constituting state secrets or other secrets protected by the laws of the Republic of Kazakhstan, are published within ten working days after the end of the investigation on the Internet resource of the authorized body in the field of medical services (assistance).

12. An appeal against an act on the results of an investigation does not suspend the execution of the act of investigation and the measures specified therein.

President

Republic of Kazakhstan

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