The Supreme Court of Russia, in its ruling No. 51-KG19-7, indicated that the absence in the federal and territorial programs of free medical care of specific treatment methods and diagnosis does not deprive a child with a disability of the right to free medical assistance.
This decision was the appeal of the mother of a child with a disability. To establish an accurate diagnosis, the child needed a genetic diagnostic study. This study was conducted in a private laboratory and was paid for by the mother of the child. Later, she appealed to the regional authorities with a request to reimburse her for the costs of diagnostic procedures.
The regional Ministry of Health turned out to reimburse the mother’s costs, citing a lack of necessary funds. Roskomnadzor sided with officials, believing that the diagnostic procedures performed were not part of the treatment standard. They were not included in the federal or territorial programs of state guarantees of free medical care; therefore, it was impossible to reimburse the cost of a genetic examination from the budget.
The woman went to court. And the court of the first instance, by its decision, ordered the regional authorities to pay the expenses of the mother of the disabled child for genetic research. However, the appellate court overturned the decision of the district court, explaining in the decision that the study conducted by the child relates to high-tech medical care, and its financing is from budgetary funds, while the mother of the child did not apply for a quota for this study.
But the Supreme Court of the Russian Federation sided with the mother of the disabled child. The judicial board for civil cases of the Armed Forces of the Russian Federation canceled the appeal ruling of the legal counsel for civil cases of the regional court. The decision of the trial court was upheld.
