Ochrona interesu prawnego pacjenta w dostępie do świadczeń zdrowotnych finansowanych ze środków publicznych wykonywana za pomocą uprawnień kontrolnych Narodowego Funduszu Zdrowia
Protection of the patient’s legal interest in accessing publicly funded health services – exercised through the inspection powers of the National Health Fund

Summary/Abstract: The aim of the paper is to demonstrate the realisation of the patient’s right to health care services financed from public funds through the control powers of the National Heath Fund (NFZ) in line with certain constitutional standards, specifically within the freedom of the legislator to construct the health care system, as outlined in Article 68(2) of the Constitution. In developing the article, a doctrinal methodology was applied, involving the analysis of the positions of the representatives of legal doctrine in the literature on the subject. Additionally, a juridical methodology was employed, consisting in the analysis of the jurisprudence of Polish courts, including the Constitutional Tribunal. In order to demonstrate the impact of the practical exercise of the NFZ’s control powers, an analysis of the NFZ activity reports for 2020 and 2021, as well as the NFZ strategy, was also carried out. The considerations carried out in the article showed that the NFZ’s control powers realise the NFZ’s constitutional standards by ensuring that patients have equal access to health services financed from public funds. These powers enable a direct response to the detected irregularities and restoring the correct implementation of the standards and norms encoded in the content of Article 68(2) of the Constitution.

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