Today we will talk about one of the most pressing problems for many: when parents and a child can be in the hospital. It’s one thing if you yourself are sick, but we perceive problems with the health of children differently, especially if hospitalization is necessary for treatment. Interests and rights of minors not only can, but are also obliged to protect their parents or in their absence:
- persons who officially formalized guardianship, trusteeship;
- who adopted a child left without the care of his blood mother and (or) father.
Let's figure it out:
- in what situations may parents be denied permission to be with them when their child is in the hospital;
- what is the basis for the rights of parents to seek not only visitation, but also stay together during treatment.
What to do if you are refused to go to the hospital with your child.
As in any case, when a person believes that his rights have been violated, he can appeal to higher authorities, starting with the chief physician of the medical institution where the child is hospitalized.
Based on your reasons for disagreeing with the decision made by the attending physician that the presence of parents is not necessary.
If the head of a medical organization refused to provide a place to sleep and eat for a relative of a child undergoing inpatient treatment, then you can make a statement orally, but preferably in writing.
leaving yourself a copy of the application with the incoming registration number for personal delivery or a receipt for sending by registered mail:
- to the Ministry of Health of the Russian Federation;
- to the insurance company that issued the compulsory medical insurance policy.
Complaint about the hospital. Sample. [13.94 KB]
Attention!
You can also seek help in solving problems that have arisen when parents are denied 24-hour stay with a sick child in the hospital:
- by calling the Roszdravnadzor Hotline for free on the observance of citizens' rights in the field of health care: 8 800 550 99 03;
- in electronic form by filling out a specially designated form on the official website of the Ministry of Health (www.rosminzdrav) in the “Public reception” section.
Nuances.
There are exceptions to every rule.
In the case of a child’s serious physical condition requiring treatment in intensive care units (ICU), parents and children are not hospitalized, which does not deprive them of the right to visit, stay in the hospital and, if desired, provide care.
You should not count on free food for relatives and provision of a place to sleep in such departments.
If a child is admitted to the hospital: 5 most important rights of parents
If a small patient is under 4 years old, then the parent is unconditionally obliged to provide a free bed and food - for such amenities the hospital receives full payment from the compulsory health insurance fund
Photo: Andrey KOPALOV
Recently, KP told the story of one of our employees, who faced unbearable conditions in the hospital, where she was admitted with her little son. Instead of a bed, my mother was given a couch upholstered in dermantine; there was no talk of free food, not to mention access to a proper shower.
What rights do parents and other relatives have if a child is admitted to the hospital, and how to act in practice to avoid problems or solve them with the least loss of time and nerves - we discussed the most important questions together with experts on healthcare and patients’ rights of the All-Russian Union insurers _ Let us remind you: now the insurance companies that issue us compulsory medical insurance (compulsory health insurance) policies are, by law, free medical advocates for patients.
1. In what cases can an adult go to the hospital with a child?
Part 3 of Article 51 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” directly answers this question You can quote it in the hospital emergency room:
“One of the parents, another family member or other legal representative is given the right to free joint stay with the child in a medical organization when providing medical care in an inpatient setting during the entire period of treatment, regardless of the child’s age.”
That is, an adult has the right to stay in the hospital, firstly, regardless of the child’s age - until the young patient becomes an adult (up to his 18th birthday). Secondly, you can go to the hospital with your child for the entire duration of treatment.
2. Which family members can be with the child in the hospital?
- As stated above, this can be one of the parents - dad or mom, or another family member. Based on the law, in addition to parents, family members also include grandparents, brothers and sisters and aunts and uncles of the child. “Other legal representatives” are the child’s adoptive parents, guardians or trustees.
3. What is required for an adult who goes to the hospital with a child?
“If a small patient is under 4 years old, then the parent is unconditionally obliged to provide a free bed and food - for such amenities the hospital receives full payment from the compulsory medical insurance fund,” explains expert of the All-Russian Union of Insurers Alexey Bereznikov . Moreover, a sleeping place means a separate normal bed with bed linen, and not a bare couch.
If the child is over 4 years old, then the mother or father is guaranteed a free bed and food, provided that there are medical indications for joint hospitalization (clause 4 of part 3 of article 80 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” ). That is, if the attending physician decides that a small patient really needs one of his parents to be with him around the clock.
“Alas, our legislation today does not have criteria for making such a decision,” warns the chairman of the National Agency for Patient Safety and Independent Medical Expertise, Doctor of Medical Sciences, expert of the All-Russian Union of Insurers, Alexey Starchenko. — Everything is left to the discretion of the attending physician. If he believes that your presence during the treatment of the child is not required (accordingly, this deprives you of the right to a free bed and food - you will have to pay for this from your wallet. - Author), then you can immediately write a statement to the head physician and present your arguments: why being together with your child is really necessary. For example, you can indicate that the child has hyperthermia (very high temperature), severe coughing attacks, therefore he needs to be nearby around the clock and, in accordance with the law, is entitled to a separate bed and free food.
ON A NOTE
Regional authorities have the right to expand medical guarantees for parents with children. In particular, it may be stipulated that free bed and food are provided unconditionally (that is, even if there are no medical indications for joint hospitalization) not until the child is 4, but, say, 5 or 6 years old. You can find out whether such conditions exist in your region from the insurance company that issued your compulsory medical insurance policy. Please note: regions have the right to expand the general rule about providing a free bed to the parent of a child under 4 years old, but cutting it down by reducing the child’s age, for example, to 2 years, is categorically not allowed, emphasizes Alexey Bereznikov.
4. What should you do if the hospital refuses to create normal conditions for you, contrary to the law?
In such cases, you can immediately signal to three authorities:
— to the hotline of the Ministry/department/health committee of your region;
— to the insurance company that issued the compulsory medical insurance policy (compulsory health insurance);
- to the prosecutor's office.
5. How is sick leave paid for a parent who is in the hospital with a child?
As explained by the Social Insurance Fund (this agency is responsible for paying for sick leave in our country), the period for payment of sick leave for child care depends on the age of the small patient.
— If the child is under 7 years old, then up to 60 calendar days of sick leave per year are paid (including both inpatient and outpatient treatment of the child, that is, both in the hospital and at home).
— If the child is from 7 to 15 years old, up to 15 calendar days are paid for each case of illness, but in total no more than 45 days per year.
— If the child is over 15 years old, then up to 7 calendar days are paid for each case and a maximum of 30 days per year.
These limits increase in the event of a child’s disability or severe illness (oncology, HIV, etc.).
Important : each of the parents has the right to use the limit separately: that is, the mother can serve 60 days a year with the baby on a paid ballot, and the father can serve the same amount. And if there are several children in a family, then the limit applies separately for each child.
EXPERT'S COMMENT
Parents should not take on the role of doctors, and the Ministry of Health needs to introduce clear rules for resolving important issues
“When a parent goes to the hospital with a child, at least three types of consequences arise,” says Alexey Starchenko, Chairman of the National Agency for Patient Safety and Independent Medical Expertise, Doctor of Medical Sciences, expert of the All-Russian Union of Insurers . — On the one hand, this is certainly a disciplinary factor for medical staff. On the other hand, parents can interfere with normal treatment and even cause harm without meaning to. For example, there is a known case when a mother came to the intensive care unit to see her son after a major operation, tried to feed him bypassing the gastric tube, and he died.
Therefore, when you find yourself in the hospital with your child, you must follow the doctors’ orders. And if you think that the doctor is doing something wrong, again contact professionals - other doctors or the medical insurance organization that issued you the compulsory medical insurance policy.
Finally, the third important point is that excessive activity and even care of a parent about their child while staying together in a general ward, unfortunately, can become a strong psychologically traumatic factor for other small patients, whom relatives visit much less often. You shouldn’t forget about this either - you need to try to behave reasonably, without causing moral harm to others in an effort to help your own child.
And I would also like to appeal to the Ministry of Health. Many conflict situations, including between parents and medical staff, arise due to the fact that today important issues are not regulated in regulations. Thus, there is still no order on the rules and conditions for access of relatives of patients to intensive care, on visiting infectious diseases departments of hospitals, on the criteria by which medical indications are determined for the joint stay of an adult in a hospital with a child. It is very important that representatives of the department pay attention to the development of such documents - their appearance will help avoid many disputes, unfounded attacks on doctors and unnecessary hassle for parents of sick children.
Paying for sick leave with a child.
Many are interested in the financial side of the issue, and where to get supporting documents to justify the reasons for absence from work, employed parents caring for an unhealthy child undergoing treatment.
In accordance with the procedure for issuing certificates of incapacity for work, approved by Order No. 624n of the Ministry of Health and Social Development, as amended on June 10, 2019.
One of the close relatives of a sick child, who was actually with him during treatment, has the right to receive a properly issued sick leave:
- for the entire period of treatment of the child - until the child turns 7 years old or until the child recognized as disabled comes of age;
- for up to 15 days if the child is 7-15 years old.
Extension of leave due to sick leave. [12.51 KB]
In case of particularly serious illnesses, the duration of sick leave can be extended based on the conclusion of a medical commission.
Temporary disability benefits in such cases are paid in accordance with Part 5 of Art. 6 Federal Law No. 255 “On compulsory social insurance in case of temporary disability and in connection with maternity”, as amended on December 27, 2018.
How is sick leave paid for a single mother: in case of illness of the child and in case of illness of the mother.
What if the child is older?
A parent will be able to stay in hospital with a child over four years old only if there are medical indications. According to Art. 51, no fee is charged from the parent for providing a bed and food. You can find out about the availability of rooms in which a parent can stay with a child by calling the hospital reception department. As a rule, such rooms are equipped with separate beds for mother and child, an individual bathroom, a refrigerator, a microwave oven, and a kettle.
Time frame
The lower limits of infancy are considered and defined by specialists in different ways:
- Some doctors believe that these age limits begin immediately at the moment the child is born and end at one year old. Moreover, within a large period of 12 months, a “sub-period” is distinguished when the baby is called a newborn.
- Other experts distinguish the first month of life as a separate stage; the baby during these 4 weeks is considered a newborn, and from the 5th week up to a year - an infant.
The behavior of a baby is strikingly different from how a newborn behaves. If the latter spends almost all the time in sleep, then the infant’s waking stages become more and more saturated with active activity. That is why, when determining at what age to count the period of infancy, experts come to the conclusion that it would be correct to start from the point of 4 weeks - the end of the newborn.
Such age limits conveniently distinguish the period of adaptive inactivity, which the newborn is mainly “occupied” with in the first 4 weeks, from the stage of active development and cognition of the child, which lasts 11 months.
- The beginning of the infancy period begins after the newborn turns one month old, that is, the newborn stage immediately ends.
- The period of infancy ends when the baby turns one year old.
- Psychologists, neurologists and pediatricians divide infancy into several important stages. Some of the specialists divide this period almost equally, by half-years, others by quarters, that is, 3 months.
During the first year of life, the baby develops at a colossal pace, and this applies to both the physiological, physical and psychological aspects. In the first six months, it’s as if the baby is preparing for “records”: his organs improve their functioning, the muscles gradually get rid of hypertonicity, the nervous system develops, and the muscles build up. Shortly before 6 months, babies begin to actively use their accumulated skills - they learn to roll over and then crawl, tirelessly communicate with adults and explore the world around them.
Choosing a doctor: Suprun answered the main questions
Currently in Russia, children are observed in a children's clinic until they turn 18 years old; after they turn 18, young men and women go under the supervision of an adult clinic. It is also worth noting that adolescents over 14 years of age can be seen not by a pediatrician, but by a teenage doctor. In this case, medical care can be provided to him at the first-aid post of the student clinic of this educational institution. Children begin to be observed in a children's clinic, often at their place of residence, almost from the first days of life. But this is not mandatory. Many local pediatricians are happy to “serve” children from their assigned territory until the latter transfer to an adult clinic. Dear readers!
The right to visit a patient in intensive care
Federal Law No. 323-FZ establishes that the patient has the right to visits from legal representatives, lawyers and other persons who protect the rights and interests of the citizen. The Russian Family Code, in turn, classifies his mother and father as representatives of a minor. They have the opportunity to enter into relations with any authorized persons and organizations.
A similar procedure is provided for the mother of a newborn placed in the department of pathology of newborns and premature babies. Appropriate conditions must be provided there to allow an adult to sit there.
If the administration of a medical institution denies the legal right to be present in the ward, the citizen can submit an application to the prosecutor's office. The prosecutor is authorized to submit a proposal to eliminate violations of legal requirements to the body or directly to the official.
Until what age do children go to the Children's Clinic?
Register Login. Mail replies. You have been diagnosed with Acute epididymo-orchitis, is it a terrible disease? Restoring vision after hypnosis or after a deep psychological analysis 1 bet.
Information on the transfer of children over 18 years of age under the supervision of an adult outpatient medical organization of the clinic.
I would like to know how legal it is to transfer a child aged 15 from a children's clinic to an adult clinic? In January, the eldest turned 15 and now we are registered in an adult clinic, they say that only children with health group 3 who have chronic diseases have the right to be treated in a children's hospital.
Do parents have the right to stay in a medical institution with their child?
According to paragraph 3 of Art. 51, as well as paragraph 4 of Art. 80 Federal Law No. 323, the legal representative of a patient under 18 years of age may stay free of charge in a medical organization when providing assistance to a minor. This rule applies throughout the entire time the teenager (child) is in the hospital.
As already noted, when the offspring reaches the age of fourteen, those responsible for his upbringing can be constantly in the ward only for medical reasons. The latter refers to conditions that impede the child’s ability to independently attend procedures, change clothes, eat, and take a shower.
If there is no evidence, then the parent also has the right to be with the baby, but the administration of the institution will refuse assistance in providing the adult with food and additional space.
Possible complications
Unfortunately, in our medical institutions there are not always conditions for being together, so only the attending physician can decide how many years children stay in the hospital with their parents.
If he believes that the treatment does not require your constant presence, then you are deprived of the right to free food and a place to sleep.
In this case, you can submit an application to the head physician, in which you will provide arguments confirming the need for you to be near the child.
For example, when a child has a high body temperature and constant coughing attacks, so he needs round-the-clock monitoring.
If the doctor accepts the arguments provided, then you will be provided with all the conditions required by law (bed and food) free of charge.
In the current 2021, private and commercial clinics can also provide the opportunity to stay with a child during inpatient treatment.
If 24-hour presence with the child is not possible, then medical workers can allow you to be with him during the day - from 8 am to 8 pm.
In this case, the parent is issued a temporary pass that will allow him to enter the department.
Where to go in case of refusal
Despite the doctors’ statements, at what age do children lie alone in the hospital, according to the law you have the right to insist on your own, since the law is on your side.
If the attending physician refuses, you can contact the head of the department or the head physician of the hospital.
If they also refused to stay with the child, you should contact the insurance company whose phone number is indicated on the medical policy.
You can also complain to the Department of Health or the Compulsory Medical Insurance Fund, which have departments to protect the rights of insured persons.
Write complaints to the head of the medical institution, the insurance company and the prosecutor's office. Describe in them all the violations committed against you, and also demand that you be informed in writing about the measures taken.
In such cases, it is recommended that complaints include a separate paragraph asking not to send the document to an institution that is interested in concealing the violations committed (to a hospital).
