Recently, IT systems have entered into force that enable verification of the beneficiary's insurance - EWUŚ. However, they are not without flaws. Can I claim redress and where (clinic / NHF) if the system has incorrectly verified me as uninsured? It was connected with losses on my part - paid medical visit and 100% payment for the prescribed drugs. Regards

You can always make a claim for lack of availability to a doctor by going to court. However, the patient should know that according to the EWUŚ procedure, in the event that electronic confirmation is not possible, then the patient can present a document confirming the insurance. In the absence of a document, he should submit a declaration that he is insured. The declaration should contain: name and surname, PESEL number, address of residence of the person submitting the declaration and indication of the basis for the right to he althcare services. Additionally, a requirement was introduced for the service provider to confirm with his signature the data identifying the document on the basis of which the identity was confirmed. This is important because in possible enforcement proceedings, such a declaration will be one of the evidence. In the event that a person submits a declaration and did not have the right to he althcare services, the National He alth Fund will charge him / her with the costs of the service provided. It will be similar in the case of using a he alth insurance card or other document confirming the right to he althcare services by a person who has lost this right during the validity period of the card or other document. The procedure for access to a doctor has been strictly specified and basically, always, even in a situation where the system does not show information about the insurance, the patient is en titled to free care if, on the basis of the declaration, he or she indicates that he / she is en titled, and this en titlement will be confirmed.

Legal basis: ACT of 27 July 2012 amending the Act on he alth care services financed from public funds (Journal of Laws of 2012, item 1016)

Remember that our expert's answer is informative and will not replace a visit to the doctor.

Przemysław Gogojewicz

Independent legal expert specializing in medical matters.

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