Current regulations do not provide for the possibility of covering the costs of safe transport to Poland for citizens who were in a sudden health situation outside the European Union. As a result, people who have had an accident or had to undergo surgery during their stay abroad cannot count on the support of public institutions in the field of medical transport to the country. The costs of such transport often exceed their financial capabilities, which raises questions about the scope of the duties of the state in providing access to healthcare also in such cases.
Ombudsman prof. Marcin Wiącek got involved in the matter of Polish tourists, which after surgery in Egypt could not return to the country with sanitary transport. The Ombudsman turned to the National Health Fund asking if it is possible to finance the patient's return to Poland. NFZ replied that the current regulations do not provide for this option.
The spokesman also sent a query to the Ministry of Foreign Affairs whether the consular services took action in this matter. The Consular Department of the Ministry of Foreign Affairs explained that health care and sanitary transport are responsible for the Minister of Health, and the consul has no competence in this regard. Financial assistance from the consulate is limited to support when purchasing a return ticket.
System deficiencies in the regulations
The case of a Polish citizen shows that the Polish legal system lacks instruments enabling the cost of sanitary transport for people who require urgent medical assistance outside the EU, EFTA and Great Britain. The regulations do not take into account such situations, despite the fact that they occur in practice, especially in the case of sudden random events, such as life -saving operations or serious injuries during stay abroad.
As a result, people who participate in financing health services in Poland, and during temporary stay abroad have suffered, remain without the support of public institutions in terms of the costs of safe return to the country. Deputy RPO Adam Krzywoń turned to the Minister of Health Jolanta Sobierańska-Grendy with a request to refer to the problem.
The position of the Ministry of Health
In response to the intervention of the RPO, Jerzy Szafranowicz, Undersecretary of State at the Ministry of Health, confirmed that the explanations of the National Health Fund fully reflect the applicable legal status. The ministry does not agree with the suggestion that the lack of public financing of medical transport for citizens requiring urgent treatment abroad should be treated as a violation of state obligations towards citizens.
The ministry emphasizes that such a state obligation cannot be derived from the provisions of the Constitution or international standards. He points out that the widespread practice when traveling outside the EU, EFTA and Great Britain is to buy appropriate medical insurance policies, which also include the costs of medical transport to the country if necessary.
The Ministry of Health indicates that there is no justification for the state to take over all health risks related to foreign trips of citizens, because this would involve the burden of the costs of all citizens, including those who do not travel abroad or protect themselves by buying insurance policies.
Competences of the Consulate and the Ministry of Health
The Consular Department of the Ministry of Foreign Affairs explained that the Consul of the Republic of Poland has no right to organize sanitary transport or covering health care costs for citizens outside the country. Financial support from the consulate is limited to help when purchasing a return ticket, while issues related to medical transport remain the responsibility of the Minister of Health.
The case of the Polish tourist in Egypt shows that the current system does not provide sudden support when a citizen requires urgent medical assistance and safe return to the country. In practice, these people must rely on their own funds or purchased insurance policies that cover the costs of medical transport.
