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EN
Marcin Banasik – Administrative-legal forms of regulatory action by independent organs of public administration, series Legal Monographs, Warsaw 2019 (by Paulina Jachimowicz-Jankowska)
PL
Marcin Banasik, Administracyjnoprawne formy działań regulacyjnych niezależnych organów administracji publicznej, seria Monografie Prawnicze, Warszawa 2019,
EN
A health resort treatment facility is a particular medical entity that performs therapeutic activities because it is located in a health spa resort municipality which has the status of a spa health resort. Only the spa health resort municipality implements its own tasks related to the maintenance of health spa functions, and creates the conditions for this type of health facility to function and to develop the municipal infrastructure in order to meet the needs of people staying in the municipality for spa resort treatment. The basic, but not the sole, purpose of establishing and maintaining a health resort treatment facility is medical activity consisting in providing spa patients with health services performed as part of spa treatment integrated into the health care system. The study focuses on how the definition of this type of facility has evolved in the legislation and the directions of changes that have occurred as a consequence of the change in the legal status, as well as other important terms referring directly to the spa treatment facility. The presentation of its various types and tasks performed by these establishments enables the identification of numerous interpretation problems related to their qualification. Due to the diversified ownership structure of these medical entities, reference is made to their organizational and legal forms, with a demonstration of the possible consequences that result from transforming these establishments into health resort companies. The current epidemic in Poland allows the scope of limitations in the operation of spa treatment facilities to be shown and, consequently, changes in the organization of some types of these facilities.
EN
Review of the Polish literature: Justyna Węglińska, Realisation of legal security in the institution of physi-cian’s liability formedical error (Realizacja bezpieczeństwa prawnego w instytucji odpowiedzialności lekarza za błąd medyczny), series Legal Monographs, C.H. Beck Publishers, Warsaw 2022 (by Paulina Jachimowicz-Jankowska)
PL
Przegląd polskich opracowań naukowych: Justyna Węglińska, Realizacja bezpieczeństwa prawnego w instytucji odpowiedzialności lekarza za błąd medyczny, seria Monografie Prawnicze, Wydawnictwo C.H. Beck, Warszawa 2022 (opr. Paulina Jachimowicz-Jankowska)
EN
Piotr Szudejko, Development of biology and medicine in the light of the principle of a democratic state of law, Legal monographs (Rozwój biologii i medycyny w świetle demokratycznego państwa prawnego), C.H. Beck Publishing House, Warsaw 2019
PL
Piotr Szudejko, Rozwój biologii i medycyny w świetle demokratycznego państwa prawnego, Seria Monografie Prawnicze, Wydawnictwo C.H. Beck, Warszawa 2019
EN
Spa treatment, which constitutes an integral part of health care, is an organized activity consisting in providing health care services in the field of spa treatment or spa rehabilitation carried out in a spa by spa treatment facilities. In order to ensure the proper and efficient operation of this form of treatment in specially adapted facilities that are medical entities, this treatment is subject to professional supervision. Supervision over health resort treatment entails the control and evaluation of health resort treatment carried out in health resort treatment establishments. This issue is regulated primarily in the Act of 28 July 2005 on spa treatment, health resorts and health resort protection areas and in health resort communes, as well as in the Act of 15 April 2011 on medical activity. The study contains an analysis and evaluation of the legal regulations concerning the supervision of spa treatment. It discusses the basic terms related to spa issues and presents some concepts of control and supervision in terms of the doctrine. Spa supervision is characterized by specific regulations and the degree of complexity. This applies to individual issues that allow the reconstruction of the essence of supervision. These are the supervisory authorities, subject of supervision, the supervised entities, criteria and scope of supervision exercised and legal means of supervision. The authorities supervising the health resort treatment include the Minister of Health, the Voivode, the Minister of National Defense and the Minister of the Interior. In this article, in the analysis of the scope of his competences and control and supervisory powers great attention is paid to the Minister of Health as the central body of government administration in the field of matters belonging to the department of health administration managed by him. Due to the specific nature of supervision of this treatment carried out in the voivodeship, the legal position of the chief physician of the health resort, with whose help the voivode exercises this supervision, was analyzed. Since spa treatment is carried out in spa facilities in a health resort, the study contains the problem of separate control procedurescarried out in this area, within which special attention is paid to internal, management and ad hoc control.
EN
The article presents the institution of corporate governance in spa treatment entities that conduct organized activities in the field of providing spa health care services and spa rehabilitation. Using the term health resort management adopted for the purposes of this study, attention is drawn to the general administrative powers of the health resort authorities towards users (patients). There is no doubt that this sovereignty is necessary to achieve the objectives of a given entity. In the case presented here, the goal of the health resort treatment facility is to conduct spa treatment and to provide patients with guaranteed health services in this area. This study confirms that the acts of corporate law include organizational regulations and the statute of the health resort in the health resort. Against their background, reference is made to the problem of compliance with the corporate governance guaranteed by authoritative legal measures. The aim of the study is to analyze and evaluate the legal regulations concerning the authority used in the spa treatment facility. In this matter, the concept and essence of the institution of corporate governance on the grounds of doctrine and jurisprudence are discussed, and a catalog of features typical of spa company governance is indicated. The institution of the company regulations and statutes of the spa treatment facility is also examined, indicating the characteristics and legal nature of the standards established by company bodies, in terms of both the legal forms of operation of the facility and the sources of law. The issues of users and the use of a spa treatment facility allow for the indication of the rights and obligations of users of this type of facility, along with showing doubts regarding the issue of paying fees for health services in the field of spa treatment or spa rehabilitation.
EN
The spa treatment facility located in the health resort is distinguished by its specificity due to the fact that it conducts spa treatment in this type of medical entity. For the proper performance of the healing function and offering the health services for which a given spa is intended, the human factor plays an important role, taking into account the specificity of the health resort. This applies to those constituting the authorities of a health resort treatment facility, namely the manager and social committee (which in this study are limited to non entrepreneurs), as well as medical professionals and other employees. The special powers of the authorities and staff of spa treatment facilities towards the people using the health services provided there are reflected in the sources of law, which include the statute and organizational regulations of this type of medical facility. The article contains an analysis and assessment of legal regulations relating tothe scope of the activities of the authorities of this type of spa treatment facilities, with particular emphasis on the manager and social council and staff, especially person body plays a fundamental role in managing a medical facility, with responsibility for management and for all facility employees. On the other hand, the social committee, which is the collegiate body of this institution, is appointed only ina non-entrepreneurial medical facility, and this body is characterized by a specific legal nature that performs various tasks. The efficient operation of the plant is also ensured by professional medical staff, other medical workers and other employees. The legal status of company bodies and personnel is presented in terms of generally applicable regulations, as well as in the context of the organizational regulations and the statute of the spa treatment facility.
EN
The right to use health services, including spa treatment, is one of the basic patient rights. The specificity of the issues undertaken stems from at least two sources. First of all, patients are a special category of people, because human health, as the highest value possessed by every human being, is subject to legal protection and requires their rights and freedoms are guaranteed. Secondly, spa treatment, which is an integral part of the health care system, corresponds to art. 68 of the Polish Constitution, assuming the fundamental principle according to which every citizen has the right to health care. On the other hand, this treatment means providing health services, which are conducted only in a separate area of the spa commune – a spa and in specially adapted medical entities – spa treatment centers. The study covers the concise genesis of patient rights and the notion of the patient in terms of doctrine and legislation. Moreover, it contains the basic concepts related to spas. Recognition of the health needs of society is associated with a presentation of the individual types of spa treatment centers and spa treatment facilities, as well as the necessary conditions that they should meet. Due to the existing different status of patients in spa treatment institutions, the analysis covers the basis for admission, for referring and qualifying patients to these centers, and also the rules for using services guaranteed in the field of spa treatment. The patient’s right to health services is also examined in the context of using these services. Despite the fact that patients’ interest in this form of treatment increases every year, as is shown by the available data, there are a number of legal and organizational problems related to access to treatment as part of spa services.
PL
Rafał Stasikowski, Pluralizm administracji publicznej, seria Monografie Prawnicze, Wydawnictwo C.H. Beck, Warszawa 2019, ss. 312, ISBN 978-83-8158-503-3
EN
Mariusz Mamczarek, Protection of the Collective Rights and Interests of Consumers, Patients and Passengers in Rail Transport. Practical Commentary on Rulings, series Commentaries & Case-law, Wydawnictwo C.H. Beck, Warszawa 2019 (by Paulina Jachimowicz-Jankowska)
PL
Mariusz Mamczarek, Ochrona zbiorowych praw i interesów konsumentów, pacjentów oraz pasażerów w transporcie kolejowym. Komentarz praktyczny z orzecznictwem, seria Komentarze & Linia orzecznicza, Wydawnictwo C.H. Beck, Warszawa 2019 (opr. Paulina Jachimowicz-Jankowska)
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