Rules and regulations of the clinic

ORGANIZATIONAL REGULATIONS OF MEDICAL ENTITIES

These rules and regulations constitute the organizational rules and regulations of the medical entity within the meaning of Art. 23 of the Law of April 15, 2011. On therapeutic activity (unified text, Journal of Laws of 2022, item 633, as amended) and defines the rules for performing therapeutic activity independently for each of the following Treatment Entities, i.e.:

1. Klinika Osipowicz & Turkowski Limited Liability Company, based in Warsaw;

2. hair transplantation and treatment clinic Limited liability company based in Warsaw.

§ 1

GENERAL PROVISIONS

(1) The healthcare providers covered by these Regulations are:

a. Klinika Osipowicz & Turkowski Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-716) at ul. Bartycka 24B lok. U1, NIP: 5213873364, REGON: 384091580, entered in the Register of Entrepreneurs kept by the District Court for the m. st. Warsaw, XIII Economic Department of the National Court Register under KRS number: 0000798762 (hereinafter referred to as the “First Treatment Entity”), registered in the Register of Entities Performing Medical Activities kept by the Mazovian Governor (W-14) under registration book number 000000214025.

b. Hair Transplantation and Treatment Clinic Limited Liability Company with its registered office in Warsaw (01-876) at ul. Zgrupowania AK “Żmija” 12, NIP: 1182228694, REGON: 38992776400000, entered in the register of entrepreneurs kept by the District Court for the city of Warsaw. Warsaw, XII Economic Department of the National Court Register under the KRS number : 0000921213 (hereinafter referred to as the “Second Medical Entity”), entered in the Register of Entities Performing Medical Activities kept by the Mazovian Governor (W-14) under the registration book number 000000245164.

The use of the term “Treatment Entity” hereafter shall each time mean any of the Entities indicated above. The use of the term “Treatment Entities” hereafter shall in each case mean each of the Entities indicated above.

(2) The First Medical Entity performs therapeutic activities of the type:

a. Outpatient health care services – activities are carried out within the framework of a medical establishment: Osipowicz & Turkowski Dermatology and Surgery, address: ul. Bartycka 24B lok. U1, 00-716 Warsaw, REGON: 384091580-00013;

b. Outpatient health care services – activities are carried out within the organizational unit of the medical establishment: Osipowicz & Turkowski Multispecialty Care, address: ul. Popularna 13, 02-473 Warsaw, REGON: 38409158000013;

c. hospital, stationary and round-the-clock health care services – activities are carried out within the organizational unit of the medical establishment: Multi-Profile Hospital, address: ul. Zgrupowania AK “Żmija” 12, 01-875 Warsaw, REGON: 38409158000020.

(3) The Second Medical Entity performs therapeutic activities of the type:

a. Outpatient health services – activities are carried out within the framework of a medical establishment: Hair Transplantation and Treatment Clinic Ltd. z o.o., address: ul. Zgrupowania AK “Żmija” 12, 01-876 Warsaw, REGON: 38992776400019;

b. Hospital, inpatient and round-the-clock health care services – activities are carried out within the framework of a medical establishment: Hair Transplantation and Treatment Hospital, address: ul. Zgrupowania AK “Żmija” 12, 01-876 Warsaw, REGON: 38992776400026.

(4) These regulations, in accordance with Art. 24 para. 1 of the Law specifies in particular:

a. rules for the performance of activities by Treatment Entities;

b. The course of the health care delivery process;

c. organization and tasks of individual units of Treatment Entities;

d. The manner of management of Medical Entities and their organizational units;

e. Conditions for mutual interaction of Treatment Entities and interaction with other entities performing treatment activities;

f. The amount of fees for providing health services;

g. The amount of fees for providing medical records.

(5) Treatment Entities shall operate on the basis of the Law and these Regulations, and shall comply with applicable laws, including in particular:

a. Law of December 5, 1996. On the professions of physician and dentist (unified text Journal of Laws of 2021, item 790, as amended);

b. Law of September 6, 2001. Pharmaceutical Law (unified text OJ 2021.1977, as amended);

c. Law of November 6, 2008. On Patients’ Rights and Patients’ Rights Ombudsman (unified text Dz.U. of 2020, item 849, as amended; hereinafter: “The Law on Patients’ Rights”);

d. Law of July 15, 2011. On the professions of nurse and midwife (unified text Journal of Laws 2022, item 633, as amended);

e. Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (hereinafter: “RODO”);

f. Health Minister’s order of April 6, 2020. On types, scope and models of medical records and the manner of their processing (Journal of Laws of 2020, item 666, as amended).

(6) These Regulations have been adopted by the managers of the Treatment Entities, which are, within the meaning of the Law of April 15, 2011. On therapeutic activity, the boards of both companies.

(7) These Regulations shall apply to all persons employed and/or cooperating with the Medical Entities, in particular persons providing health services in the course of the Medical Entities’ activities, regardless of the basis of employment or cooperation relationship, as well as patients of the Medical Entities.

(8) The phrases used in these Regulations shall mean:

a. “Law” – The Law on Therapeutic Activity (unified text, Journal of Laws of 2022, item 633, as amended);

b. “Manager” – the manager of a given Medical Entity as defined in the Act;

c. “Patient” – a person who requests or uses Health Services provided by Treatment Entities;

d. “Specialized Outpatient Clinic” or collectively “Specialized Outpatient Clinics” – an organizational unit of the Treatment Facilities in which Health Services are provided in accordance with the specialty of the organizational unit;

e. “Regulations” – these regulations;

f. “Health Benefit” or “Benefit” – activities aimed at preserving, saving, restoring or improving health, as well as other medical activities resulting from the treatment process or separate regulations governing their performance;

g. “Visit” – described in these Regulations, the time, form and place of the appointment for the provision of services by the Treatment Entity to the Patient, including an Electronic Visit;

h. “Electronic Visit” – a Visit, within the scope of the Benefit, provided by means of remote communication. In matters not specifically regulated for an Electronic Visit, those provisions of the Regulations that apply to the Visit shall be applied accordingly;

(9) Unless otherwise provided in the Regulations, the phrases: “medical records,” “factual guardian,” and “close relative” shall be interpreted in accordance with the meaning given to them by the Law and the Law on Patients’ Rights.

 

§ 2

GENERAL GOALS AND OBJECTIVES OF THE TREATMENT ENTITY

(1) The purpose of Treatment Entities is to carry out therapeutic activities consisting of:

a. Providing outpatient Health Services in the fields of trichology, dermatology and venereology, phlebology and vascular surgery, plastic surgery, gynecology, urology and orthopedics, as well as others in the scope resulting from the specialization of outpatient clinics operated by the Treatment Entities;

b. Providing inpatient Health Services in the fields of plastic surgery, urology, ENT, gynecology, general surgery, orthopedics;

c. health promotion;

d. Implementation of teaching and research tasks in conjunction with the provision of health services and health promotion.

(2) The primary tasks of the Treatment Entities include:

a. Providing Health Services in outpatient or inpatient settings, as appropriate, in the fields of trichology, dermatology and venereology, phlebology and vascular surgery, plastic surgery, gynecology, urology, and radiation therapy, as well as others to the extent arising from the specialties of the clinics conducted;

b. Undertaking activities in the field of prevention and health promotion;

c. Increasing the professional qualifications of medical personnel

d. Compliance with the principles of professional ethics and the rights of the Patient;

e. Conducting teaching (scientific) and research activities in conjunction with the provision of Health Services and health promotion;

f. patient education.

(3) Treatment Entities carry out their goals and objectives by providing medical care to patients in accordance with applicable regulations and standards. Treatment Entities warrant that:

a. services are provided by medical professionals with appropriate licenses and qualifications;

b. the premises of the Treatment Entities comply with all professional and sanitary requirements, are equipped with apparatus and other equipment marketed and used in accordance with applicable regulations, having the appropriate certificates, attestations obtained in accordance with the procedure provided for in the mandatory regulations, and current inspections performed by authorized entities.

(4) Treatment Entities may participate in the preparation of persons for the medical profession by organizing postgraduate internships, specialty training and other forms of in-service training.

(5) Treatment Entities may participate in research programs, in particular, they may participate in the conduct of clinical trials based on agreements concluded with sponsors, CROs and investigators and in accordance with the provisions of applicable law.

 

§ 3

TYPE OF THERAPEUTIC ACTIVITY AND SCOPE OF SERVICES PROVIDED BY MEDICAL ENTITIES

(1) The scope of Health Services provided by Treatment Entities includes activities aimed at preserving, saving, restoring or improving health, as well as other medical activities resulting from the treatment process or separate regulations governing their performance.

(2) Relevant Health Benefits shall be provided at the Treatment Facilities described in §1.2. and §1.3 above, Monday through Saturday, during the hours indicated on the website maintained for both Treatment Entities at www.klinikaotco.pl, in accordance with the established work schedule (schedule).

 

§ 4

ORGANIZATIONAL STRUCTURE AND MANAGEMENT OF THE MEDICAL ENTITY

1 The work of the Treatment Entities is managed by the Manager. The Manager manages the affairs of the Treatment Entities and represents them externally.

(2) The tasks of the Manager of the Treatment Entity include, in particular:

a. Organizing and directing the process of performing work by employees and associates of the Treatment Entities;

b. Ensuring the highest possible level of Health Services provided and respect for the rights of the Patient, among other things. by adopting Rules and Regulations and other internal acts in accordance with current needs, as well as taking care to improve the professional skills of employees and associates of the Treatment Entity;

c. Ensuring appropriate conditions for the maintenance and storage of medical records, as well as supervision of the maintenance and storage of medical records;

d. Ensuring the continuity of the work of the organizational units of the Treatment Facilities;

e. taking other actions as prescribed by law.

3 The following positions are in place at the Treatment Entities:

a. Operating theater coordinator and nurse coordinator – is responsible for organizing and directing the work of the operating theater and nursing staff;

b. Physician – provides Health Services in accordance with applicable medical standards, rules of professional ethics, applicable regulations and the utmost care;

c. Master of Pharmacy – is responsible for the organization and management of the pharmacy department;

d. Nurse Practitioner – provides nursing Health Services and performs other tasks in the field of outpatient health services in accordance with applicable medical standards, professional ethics, applicable regulations and the utmost care;

e. Epidemiological nurse – supervises the sanitary and hygienic condition of Treatment Entities. Oversee the operation of infection prevention standards and procedures and provide direct supervision of infection control of Treatment Entities and alarm agents.

f. Front Desk Clerk/Patient Attendant – performs administrative tasks of the day-to-day work of the front desk and is responsible for serving the Patient and his family;

g. Call center employee – performs tasks in the field of registration and service of Patients;

h. Facility coordinator – is a person who organizes, plans and controls the work of the team of a particular facility and coordinates patient services.

i. Physician assistant – a person who assists the doctor in: (I) administrative and office work, (II) preparation for treatments, (III) the organization of the workstation and the doctor’s office, (IV) participating in the treatments.

(4) In addition to the positions referred to in paragraph. 3 above, independent positions of an accountant and a human resources officer have been separated and are operating in the Medical Entity, which, in the scope of their work, report to the Manager.

 

§ 5

GENERAL PRINCIPLES OF PROVIDING HEALTH SERVICES

(1) Health care services are provided in the Treatment Facility or by means of electronic communication, i.e. among others. via data communications systems or other communications systems.

(2) The Treatment Entities shall organize the provision of Health Services with the assurance of proper availability and quality of the Services in the organizational units of the Treatment Entities in a manner that guarantees the most convenient form of use.

(3) Treatment Entities shall ensure the provision of Health Services with due diligence, in accordance with the indications of current medical knowledge, available methods and means and with respect for the rights of the Patient.

(4) Health services are provided by medical professionals with professional qualifications required by separate regulations, confirmed by appropriate documents.

(5) Treatment Entities shall provide, as part of the concluded contract, to the Patient used during the provision of the Service: medicinal products, medical devices, and facilities and equipment necessary for its provision. The Treatment Entities shall ensure that the materials, devices and equipment used during the provision of the Service have been marketed and are in the possession of the Treatment Entities in a lawful manner and are used in accordance with the relevant instructions. Treatment Entities shall be responsible for the condition of the equipment and facilities used during the provision of the Benefit.

(6) Health Services shall be provided to Patients in accordance with the rules of the Treatment Entities as further described in the Regulations.

(7) Health services shall be provided to Patients with respect to the principles of equal and fair access to them and in accordance with medical criteria.

(8) Health care services are provided on fixed dates after booking.

(9) The dates for the provision of Services shall be determined individually with the Patient, taking into account, among other things. order of applications, availability of personnel and the schedule adopted at the Treatment Entities for the provision of Health Services.

(10) At the registration desk of the Treatment Facility, in addition to booking a date for the provision of a Benefit, the Patient may obtain information on Health Services provided at the Treatment Facility, waiting time for the provision of a Benefit, price list, principles of payment and method of booking, principles of providing access to medical records, Patient’s rights and other matters in the scope of activity of the Treatment Facility.

(11) The payment of fees for Benefits shall not affect the established order and schedule of Health Services, except as described in paragraph (1). 12 below.

(12) The Patient shall make a reservation for a Provision in person at the registration desk of the relevant Treatment Facility, by telephone, or through the electronic registration platform provided by the Treatment Entities on their joint website and through the online platform knownlekarz.pl or booksy.com. Once the reservation has been made, the patient will receive confirmation of the reservation, in the form analogous to that used to make the reservation. In the case of the Health Benefits indicated in § 9 para. 3.b and para. 3.c of the Terms and Conditions, the reservation is made at the time of payment by the Patient of the deposit, and until then it is treated as a preliminary reservation, which means that without prior payment of the deposit the Treatment Entities are not obliged to perform the Service covered by the reservation. Each reservation requires confirmation by the Patient prior to the date of the Service in accordance with the rules described in the Regulations.

13. the presence of a legal representative/parent is required for minor patients during Health Services.

(14) In the case of patients who are under 16 years of age – the consent form for Health Care Services should be signed by the legal representative/parent of the minor patient. In justified cases provided by law, it may be necessary for both parents to give their consent.

15. in the case of patients who are 16 years of age or older – the consent form for the Health Service should be signed by the legal representative/parent of the minor patient. In justified cases provided by law, it may be necessary for both parents to give their consent.

16 Prior to the appointment, the Treatment Provider will attempt to contact the Patient by telephone to confirm the appointment. In addition, each time the Patient will receive an SMS message to the phone number or e-mail address indicated by the Patient with the date, time and address of the facility where the Service is to take place. In addition, the Treatment Provider sends a text message to the Patient asking him/her to either confirm or cancel his/her appointment on the date set by the Treatment Provider. Failure by the Patient to confirm the date of the Service during the telephone call or failure to send a return SMS message is tantamount to withdrawal by the Treatment Entity from the agreement concluded with the Patient for reasons attributable to the Patient and retention of the deposit, if paid.

(17) On the date agreed with the Patient for the provision of the Service, the Patient is obliged to report to the reception desk of the indicated Treatment Facility at least 15 minutes before the agreed time of the visit – in the case of the first visit, and at least 10 minutes before the agreed time of the visit – in the case of subsequent visits. If the Patient is late without informing the reception desk in advance, the Treatment Entity may refuse to provide the Service, withdrawing from the contract for reasons attributable to the Patient and retaining the deposit, or, at the choice of the Treatment Entity, perform the Service after serving all Patients on a given day who have an appointment with a given specialist

(18) In the case of a service, performed under local anesthesia, the Patient is required to report to the reception desk of the indicated Treatment Facility at least 45 minutes before the scheduled appointment time or at the time indicated by the patient’s supervisor or call center. If the Patient is late without informing the front desk, the Treatment Entity may refuse to provide the Service, withdrawing from the contract for reasons attributable to the Patient and retaining the deposit.

19 The Treatment Entity shall take all possible measures to eliminate possible inconveniences resulting from the necessity to wait longer for a Visit/Service than originally planned; however, such situations may arise from the fact that although Visits/Services are limited by indicative time limits, they sometimes last longer due to the necessity to provide proper health care to individual Patients.

(20) Unless the Patient is ushered into the office by a receptionist, he/she enters the office after being summoned by a doctor, nurse or physician’s assistant.

21 The patient enters the office alone, or with a third party as long as the doctor providing the Service agrees.

22 The personal data (name and surname) of the medical staff delegated to provide the Service shall be on the personal badges.

23 The Patient’s legal representative or actual guardian is required to remain in the Treatment Facility while the Patient is receiving the Service.

(24) Prior to the provision of the Service, the Patient or his/her legal representative shall be informed about the diagnosis, proposed and possible diagnostic and therapeutic methods, foreseeable consequences of their application or omission and prognosis, and moreover about the Service, the principles of its provision, possible consequences of its provision, including complications. The Patient or the Patient’s legal representative, and with the Patient’s consent, also any other person, shall have the right to be informed about the condition of the Patient’s health in an understandable manner at all times, including during the provision of the Service (if the nature of the Service allows it) and after it has been provided. On the basis of the information obtained prior to the Service, the Patient gives his/her informed consent in writing for the Provision of the Service in accordance with the model in force at the Treatment Entity. Prior to giving consent, the Patient shall have the right to additionally obtain all expected information and explanations related to the Service, in a form understandable to the Patient, and the possibility and fact of providing such information shall be further confirmed by the Patient in the signed form covering consent to the Service. Failure to give consent shall be tantamount to a refusal to provide the Service allowing the relevant Treatment Entity to withdraw from the contract concluded with the Patient through the fault of the Patient and to retain the deposit paid.

(25) Prior to the provision of a Service, the Patient shall make the following statements in writing on a form prepared by the Treatment Entity:

a. consent to provide the Benefit;

b. A statement on the authorization of a specific person to obtain information about the patient’s health or the lack of such authorization;

c. A statement about the authorization of a specific person to access the Patient’s medical records or the lack of such authorization;

d. information regarding the processing of personal data;

e. other documents required to provide the Benefit.

26 The Treatment Entity shall, whenever requested by the Patient, make the appropriate forms available to the Patient in advance. The waiting time is 30 working days. Templates of such documents are also provided to the Patient in the event of a written contract for the Provision. If the Agreement is concluded remotely, the relevant forms will be sent to the e-mail address indicated by the Patient.

§ 6

REFUSAL, MODIFICATION AND CANCELLATION OF HEALTH CARE SERVICES

(1) If the Patient is 10 minutes late, despite informing the reception desk in advance, the Treatment Provider may refuse to provide the Service and withdraw from the contract for reasons attributable to the Patient and entitles the Patient to retain the deposit or, at the choice of the Treatment Provider, to provide the Service, after serving all Patients scheduled to see the specialist on a given day and with the prior consent of the person providing the Service.

(2) The Treatment Entity informs, and the Patient acknowledges, that the time of the scheduled Visit/Health Service is approximate and may be subject to change or delay. In the event of the circumstances indicated above, the Patient accepts that the Treatment Entity does not provide any discounts for the arranged Visit/Service, and the Visit/Service is fully paid.

(3) The Treatment Entity shall promptly inform the Patient of its inability to provide the Service on the agreed date.

(4) Notwithstanding any other cases described in the Regulations, the Treatment Entity may refuse to provide a Health Service/Visit in the event that:

a. The Patient or the Patient’s legal representative will refuse to consent to the Provision of the Service according to the formula in effect at the Treatment Entity;

b. The patient is ineligible for the Benefit, as determined by the doctor or nurse;

c. The patient does not agree to sign the required consents;

d. The patient does not consent to taking pictures of the body area where the procedure is to be performed. These images will constitute medical records and may not be shared, published, or reproduced without written Patient Consent.

e. The Patient is in a condition that makes it impossible to provide the Service, e.g., under the influence of alcohol or narcotics or due to grossly poor hygienic condition (does not apply to situations of immediate danger to the Patient’s life or health);

f. The patient did not follow the doctor’s recommendations, such as failing to perform or submit for review in a timely manner the relevant diagnostic tests or additional consultations;

g. The patient has not paid for the Benefit, except when the contract indicates that payment will be made after the Benefit is provided;

h. The Treatment Entity is not able to verify the identity of the Patient on the basis of an identity document belonging to the Patient;

i. There were failures on the grounds of the Treatment Entity and in the Treatment Entity building, among other things. electricity, water, etc.

j. it is not possible to provide the Benefit for other reasons, including but not limited to. for sanitary and epidemiological reasons, including those related to the need to ensure adequate safety for the personnel of the Treatment Entity and other Patients.

k. The patient did not follow the instructions of the Treatment Provider’s staff as to the need to prepare in a certain way for the Visit/Health Service, including, in particular, performing the necessary tests.

l. The Patient has not made payment for the Visit/Health Service in accordance with the provisions of these Regulations.

(5) The necessity of refusal of the Treatment Entity to provide a Service, for the reasons indicated in paragraph (5). 4 allows the relevant Treatment Entity to withdraw from the contract concluded with the Patient through the fault of the Patient and retain the deposit paid.

(6) The treatment provider has the right to refuse 24 hours before the date of the scheduled Treatment to provide the Service, without giving reasons. Refusal to Provide the Service specified in the sentence above the deadline shall not entitle the Patient to claim a refund of the double deposit.

7 The Treatment Provider has the right to reschedule the Service/Visit three times in case of inability to provide the Service, of which it is obliged to inform the Patient no later than 2 hours before the scheduled date. Changing the date does not entitle the Patient to demand a refund of the deposit, nor can it be grounds for withdrawal from the contract.

(8) You may cancel or reschedule a reserved date for the provision of a Health Service, for whatever reason, one time 60 days before the scheduled date of its provision.

9. cancellation of the date of the Benefit or its change at a later date, i.e. within 60 days prior to the scheduled date of the Service, for reasons attributable to the Patient, entitles the relevant Treatment Entity to withdraw from the agreement concluded with the Patient due to the Patient’s fault and to retain the deposit paid and charge the contractual penalty indicated in § 9 par. 12.

(10) In the case of cancellation of a reserved date for the provision of a Benefit, the Patient shall be obliged to set a new date for the provision of the Benefit, in the manner specified herein, no later than 60 days from the date of cancellation. Failure by the Patient to book a new date for the provision of the Service within the period indicated in the sentence above shall be deemed a withdrawal from the contract due to the fault of the Patient and retention by the Treatment Entity of the deposit paid.

(11) In the case referred to in paragraph 7 above, the Treatment Entity shall set a new date falling no later than 180 days counted from the date of the previously set date of service.

 

§ 7

Qualification for the procedure

(1) The scope of examinations necessary for the provision of the agreed Service, each time is communicated to the patient 30 days before the scheduled procedure.

(2) The patient is obliged to perform the tests ordered during the consultation and send the results in a single message to the e-mail address: opiekunpacjenta@klinikaotco.pl, no later than 21 calendar days before the date of the planned procedure. In the event of failure to provide the Treatment Entity with a complete set of test results, the Treatment Entity shall have the right to withdraw from the agreement concluded with the Patient due to the Patient’s fault and retain the deposit paid and charge the contractual penalty specified in § 9 par. 12 below. In justified cases, the Clinic may set an individual date with the Patient for the transfer of tests.

(3) On the basis of the medical documentation provided, including the results of the tests ordered, the patient is qualified for surgery by doctors of various specialties, and in the case of procedures performed under general anesthesia also by an anesthesiologist.

(4) In cases of Services that require prior anesthesiological consultation, it is a condition for the Provider to provide the scheduled Service that the Patient undergoes such consultation no more than 14 days prior to the scheduled date of the Service. Failure to submit to the above. consultation is tantamount to withdrawal by the Treatment Entity from the contract concluded with the Patient for reasons attributable to the Patient and retention of the deposit paid.

 

§ 8

VISIT

(1) The Patient may register a Visit at the Treatment Entity of his/her choice as follows:

a. By telephone during the business hours of the respective Treatment Entity;

b. in person at the Treatment Entity during business hours excluding Sundays and public holidays;

c. via the online platform knownlekarz.pl, booksy.com and kliniki.pl.

(2) At the time of registering for an appointment at the Treatment Entity, you agree to accept the contents of these Terms and Conditions.

(3) When registering, the Patient shall be required to provide his/her data or the personal data of the minor to whom the Health Services are to be provided, i.e.:

a. name;

b. PESEL/date of birth;

c. residential address;

d. Contact phone number and/or email address.

(4) Failure by the Patient to provide the personal data referred to in the preceding paragraph may prevent the successful appointment of a Visit.

(5) In the case where the Patient is a person without full legal capacity – the registration of the appointment is carried out by his legal representative or a person authorized by the legal representative.

6 In the case of underage patients, the presence of a legal representative/parent is required during each Visit.

7. in the case of patients who are under 16 years of age – the consent form for Treatment should be signed by the legal representative/parent of the minor patient. In justified cases provided by law, it may be necessary for both parents to give their consent.

8. in the case of patients who are 16 years of age or older – the consent form for Treatment should be signed by both the minor patient and his/her legal representative/parent. In justified cases provided by law, it may be necessary for both parents to give their consent.

(9) Once the Parties have agreed on a date for registration of a Visit or an Electronic Visit, the Treatment Entity shall provide the Patient with confirmation of registration of the Visit:

a. in writing or orally – if there has been a personal registration, or

b. verbally as part of a telephone call to register an appointment or

c. in a text message sent to the phone number indicated for contact or

d. in an e-mail sent to the address indicated for contact.

(10) Confirmation of visit registration shall include at least the following:

a. The date and time of the Patient’s visit to the Treatment Entity;

b. address of the Treatment Entity;

c. the amount of the Deposit (if applicable);

d. The date and form of payment of the Deposit (if applicable);

e. Bank account number of the Treatment Entity for payment of the Deposit (if applicable);

f. information about the need to provide, at the request of the Service Provider, confirmation of payment of the Down Payment (if applicable);

g. a web address (link) that allows the patient to read the Terms and Conditions, or some other form of indication of the place where the Terms and Conditions can be read (e.g., at the front desk of the Treatment Provider when the Visit is/was booked in person).

(11) In the event that the Visit requires payment of a Deposit, the reservation of the date of the Visit shall be deemed made upon timely payment:

a. posting of the amount of the Deposit on the bank account of the Treatment Entity;

b. or presentation by the Patient of a confirmation of payment of the Deposit to the bank account number indicated by the Treatment Entity, if the amount paid has not been previously credited to a bank account belonging to the Treatment Entity.

(12) In the case of in-person registration, when payment of the Deposit is required, the amount of the Deposit may be paid by the Patient immediately after the appointment of the Visit or Electronic Visit at the facility of the Treatment Entity. Confirmation of payment of the Deposit by the Patient in such a situation (i.e., directly at the premises of the Treatment Entity) is the receipt given to the Patient. With the issuance of the receipt to the Patient, the payment of the Deposit as well as the registration of the appointment of the Visit or Electronic Visit itself is considered to have been made.

13 Failure by the Patient to pay the Deposit in a timely manner may result in cancellation of the appointment booking by the Treatment Entity.

(14) The Patient has the right to cancel the date of the Visit at no cost, and in case the Visit was paid with a Deposit, the Patient also has the right to request a refund of the paid Deposit only if the Patient informs the Service Provider of the cancellation no later than 14 (fourteen) working days before the agreed date of the Visit. Working days are considered to be Monday through Friday, which are not statutory holidays.

(15) Each time the Patient pays back the Deposit paid by the Patient, the Treatment Entity shall reduce it by the handling costs associated with the transfer, each time determined as of the date of the refund, in accordance with the table of fees of the bank in which the Treatment Entity has a bank account, i.e. By a minimum amount of 0.50 gr.

16 The Treatment Entity reserves the right to enforce unpaid dues through letter summons and debt collection.

(17) In order to effectively cancel a Visit or an Electronic Visit, the Patient agrees to inform the Treatment Entity by telephone or via e-mail sent to: kontakt@klinikaotco.pl.

18 The Visit may take place in person at the Treatment Facility and at another location agreed upon with the Patient or in the form of an Electronic Visit, where Health Services are provided by means of remote communication.

(19) On the date of the Visit agreed with the Patient, the Patient is obliged to report at the reception desk of the indicated Treatment Facility at least 15 minutes before the agreed time of the visit – in the case of the first visit, and at least 10 minutes before the agreed time of the visit – in the case of subsequent visits. If a Patient is late without informing the front desk in advance, the Treatment Entity may either refuse to provide the Service, withdrawing from the contract for reasons attributable to the Patient and retaining the deposit, or, at the Treatment Entity’s option, perform the Service at the end of the queue, after all Patients for the day have been served.

(20) In the case of a service, performed under local anesthesia, the Patient is required to report to the reception desk of the indicated Treatment Facility at least 45 minutes before the scheduled appointment time. If the Patient is late without informing the front desk, the Treatment Entity may refuse to provide the Service, withdrawing from the contract for reasons attributable to the Patient and retaining the deposit.

(21) In the case of an Electronic Visit, the Patient is required to log into the system or application used or recommended by the portal through which the Visit was made.

(22) Verification of the Patient’s identity within the framework of the Visit shall be carried out on the basis of a valid identity card, passport or other valid photo identification document containing data that allows identification of the Patient.

(23) Failure by the Patient to have his/her identity verified by the front desk employee of the Treatment Provider or the physician providing the Electronic Visit shall render the Visit impossible.

(24) The Patient acknowledges that failure or refusal to verify his/her identity will result in the denial of the Health Service and the necessity to pay the full value for the Service.

25 The Treatment Entity reserves the right to verify the patient’s identity before the start of each Visit.

26 The Treatment Entity is not responsible for the quality of the connection and other technical difficulties that may arise before or during the Electronic Visit.

(27) In the event that the Patient fails to appear at the Treatment Entity on the date specified within the registration of the Visit, the Treatment Entity shall retain the Deposit paid, subject to paragraph (2). 25 below. No refund of the Deposit is due to the need for the Treatment Entity to incur the costs of due preparation of the Patient’s place of visit, as well as the costs of prepared materials and medical personnel of the Treatment Entity, remaining on standby to provide health services despite the Patient’s non-appearance.

28 The next date of the Visit must meet a total of two conditions:

a. be set for a date falling no later than 30 days from the originally scheduled date of the Visit,

b. fall in the same calendar year.

(29) In the event that, for reasons attributable to the Treatment Entity, a Visit cannot be carried out within the previously agreed date of that Visit, the amount of the Deposit shall be refunded in full within 14 (fourteen) days from the date the Treatment Entity informs the Patient of the situation.

30. the provision of Art. 394 of the Civil Code.

 

§ 9

CONTRACTING AND THE PRINCIPLES OF PAYMENT FOR THE PROVISION OF SERVICES

1 The Treatment Entity shall provide Health Services on a fee-for-service basis.

(2) The basis for the provision of a Benefit is the agreement concluded by the Treatment Entity with the Patient or his/her legal representative prior to the provision of the Benefit.

(3) The contract giving rise to the provision of the Health Benefit shall be concluded upon:

a. in the case of Health Benefits, the price of which does not exceed PLN 3,000.00 – to make a reservation in accordance with the procedure described in the Regulations. In such a case, the contract is concluded verbally or by telephone or by means of electronic communication or through the online platform knownlekarz.pl, booksy.com and kliniki.pl;

b. in the case of outpatient Health Services, the price of which exceeds PLN 3,000.00 – at the time of payment of the deposit. Payment of the deposit is in such a case a condition for the contract to take effect;

c. in the case of hospital Health Benefits, regardless of their price – at the time of signing the contract, which is concluded in writing.

(4) In each of the cases described above, these Regulations are an integral part of the contract. The conclusion of the contract, regardless of its form, is tantamount to acceptance of the Regulations and an obligation to apply them.

(5) Subject to other provisions of the Regulations or other contractual provisions, the Patient shall be informed of the price of the Benefit prior to the conclusion of the contract for the provision of the Benefit. The price of the Benefit is determined on a case-by-case basis. The prices for a Service indicated in the price list for the provision of Services in effect at the Health Care Provider on the date of conclusion of the contract are only indicative prices for a given Service, unless otherwise specified in the content of the contract with the Patient concluded at least in writing. The current price list of Benefits is an integral part of the Regulations and is available on the website of the Treatment Entities (https://klinikaotco.pl) and at the offices of the Treatment Entities. Treatment Entities have the right to change the price list of Benefits at any time. A change in the price list does not require justification and is made by publishing a new price list, including on the website of the Treatment Entity. The patient is obliged to familiarize himself with the price list before concluding the contract.

6. the Patient shall be obliged to pay a deposit on the price of the Service in the amount of 20% of this price:

a. within 5 business days from the date of the initial reservation of the date for providing the Benefit (in cases referred to in paragraph 3.b above) or

b. within 5 working days from the date of conclusion of the agreement (in cases referred to in paragraph 3.c above).

The payment is made to the bank account number indicated by the Treatment Entity or at the reception desk of the Treatment Entity. In the case of payment by bank transfer, the Patient is obliged to send a confirmation of the transfer by the deadline mentioned above to the e-mail address: opiekunpacjenta@klinikaotco.pl.

(7) The payment of a deposit has the meaning that in the event of non-performance of the contract by one of the parties, the other party may, without setting a grace period, withdraw from the contract and keep the deposit received, and if he himself gave it, he may demand a sum twice as large. If the contract is executed, the deposit shall be credited to the remuneration of the Treatment Entity. In the event of termination of the contract, the deposit should be returned, and the obligation to pay the sum twice as much is dropped. The same applies if the non-performance of the contract is due to circumstances for which neither party is responsible or for which both parties are responsible. Incidents of non-performance of the contract by the Patient due to his fault are considered in particular but not exclusively: (i) cancellation of the Benefit by the Patient for reasons attributable to the Patient less than 30 days prior to the scheduled date of the Benefit; (ii) failure to confirm the date of the Provision under the terms and conditions described in the Terms and Conditions; (iii) refusal to consent to the Provision of the Service according to the formula in effect at the Treatment Entities; (iv) Patient’s failure to perform ordered tests and to comply with other medical recommendations; (v) Failure to pay the fee for the Benefit within the established timeframe; (vi) failure to appear at the Treatment Facility on the scheduled date of the Benefit, at the time specified in the Terms and Conditions or contract.

(8) The patient shall make payment for the Service before it is provided.

(9) In the case of Services whose price is higher than PLN 3,000.00, the Patient is obliged to pay the remaining (after deducting the amount of the deposit paid) amount of remuneration of the Treatment Entity according to the price established on the date of conclusion of the agreement, no later than 5 working days before the agreed date of providing the Service. Payment of the price may be made to the bank account number indicated by the Treatment Entity or at the reception desk of the Treatment Entity. In the case of payment by bank transfer, the Patient is obliged to send a confirmation of the transfer by the deadline mentioned above to the e-mail address: opiekunpacjenta@klinikaotco.pl. In the title of the message, the patient is required to include: name, name of the procedure, date of the planned procedure and address of the facility where the procedure is planned. Failure to pay the full price of the Service within the period specified in the contract shall be tantamount to withdrawal by the Treatment Entity from the contract concluded with the Patient for reasons attributable to the Patient and retention of the down payment or retention of a part of the remuneration corresponding to the amount of the down payment referred to in par. 7 above.

(10) The amount of the price of the Benefit may be changed in cases indicated in the contract, or in cases where the Patient’s health requires measures that have not been agreed upon in the implementation of the contract by the Parties. The price of the Benefit may be subject to change after the conclusion of the contract in the event of the need for additional consultations, diagnostic tests, medical procedures, both at the Treatment Entities and outside the Treatment Entities, in situations where the Patient’s health condition or the course of the Benefit requires such consultations, tests or procedures. Acceptance of their execution should be given by the Patient in advance, in writing, unless consent is not required under generally applicable laws, i.e. in particular, when the welfare of the Patient and the necessity to prevent the Patient from losing his life or suffering serious injury. The Patient shall not be entitled to reimbursement from the Treatment Entity for any costs incurred in connection with additional diagnostic tests necessary for the Patient’s final qualification for the Benefit (including negative qualification for the Benefit).

(11) Failure to accept the performance of additional consultations, examinations or procedures referred to above allows the relevant Treatment Entity to withdraw from the agreement concluded with the Patient through the fault of the Patient and to retain the deposit paid and to charge the contractual penalty indicated in § 9 par. 12.

(12) In cases of withdrawal from the contract described in the Regulations due to circumstances attributable to the Patient, the Treatment Entity shall have the right to additionally charge a contractual penalty in the amount of 20% of the remuneration agreed for the provision of the Service, as a contractual penalty for withdrawal, regardless of its rights to retain the deposit paid. In the event that the Patient pays before the date of the Provision of Services, the Treatment Entity shall be entitled to deduct the contractual penalty due from the remuneration received. An analogous entitlement is available to the Patient in cases of withdrawal from the contract due to circumstances on the part of the Treatment Entity, entitling the Patient to demand a refund of the deposit in the double amount.

(13) Each time it is necessary to reimburse the Deposit paid by the Patient, the Treatment Entity shall reduce it by the handling costs associated with the transfer, each time determined as of the date of reimbursement, in accordance with the table of fees of the bank in which the Treatment Entity has a bank account, i.e. By a minimum amount of 0.50 gr.

14 The Treatment Provider shall document the performance of the Service with a bill or invoice, in accordance with the relevant regulations.

15 The Treatment Entity reserves the right to enforce unpaid dues through a letter request for payment.

 

§ 10

TREATMENT PACKAGES

1 Treatment Entities offer Treatment Packages for selected treatments.

(2) The list of treatments and the price list of Treatment Packages is available at the Reception of each Treatment Entity as well as on the website.

(3) The Treatment Entity reserves the right to change the price list for Treatment Packages.

(4) The Treatment Package may be used exclusively by the Patient who purchased it, and only he or she may carry out treatments under the Treatment Package.

(5) Each Treatment Package has a specific expiration date, determined each time on the date of purchase of the Treatment Package.

(6) Upon expiration of the Treatment Package, the Treatment Entity reserves the right to refuse to perform the treatment.

7 The Treatment Package is not refundable or exchangeable for cash.

(8) Reservation of the date of the treatment, which the Treatment Package holder intends to use, may take place in person at the Treatment Facility, by telephone, or by e-mail.

(9) When making a reservation, please inform the Reception that billing for the treatment will be based on the previously purchased Treatment Package.

10. the Patient is obliged to cancel the reservation of a procedure performed under the purchased Treatment Package no later than 48 h before the appointment. Cancellation at a later date or failure to appear, is tantamount to use of the procedure by the patient. This cannot be the basis for any claim by the Package holder against the Treatment Entity in this regard.

(11) When purchasing a Treatment Package, the buyer declares that he has read and accepts these Terms and Conditions in their entirety.

 

§ 11

PROMOTIONS

1 Treatment Entities for their patients may organize promotions.

(2) The Treatment Entities reserve the right to change the promotion, as well as to extend or shorten the duration of the promotion.

(3) The promotion may be canceled by the Treatment Entity at any time in the same form in which it was announced, with the proviso that the cancellation shall be ineffective against persons who have previously participated in the promotion.

4 Participants in the promotion may be individuals:

a. having full legal capacity, and in cases provided by generally applicable laws, also natural persons with limited legal capacity,

b. Being consumers within the meaning of Art. 221 of the Act of April 23, 1964 Civil Code (Journal of Laws of 2022, item 1360, as amended).

(5) The detailed rules of the promotion include, in particular, the following information: duration of the promotion, type of promotion, subject of the promotion, conditions for participation in the promotion, promotional prices.

(6) The subject of the promotion may be the services provided by the Treatment Entities in the course of their activities and goods and products for retail sale offered by the Treatment Entities.

(7) The services covered by the promotion shall be performed in accordance with the rules for the performance of services at the Treatment Entity.

8 The offer that is the subject of the promotion shall not be combined with other promotions and discounts offered by the Treatment Entity, unless the terms and conditions of a particular promotion state otherwise.

(9) Staff of Treatment Entities shall not be obliged to inform patients about current promotions and to grant patients a discount or other gratification related to the subject of the promotion in question, without the patient’s explicit reference to the promotion in question.

 

§ 12

FIRST MEDICAL ENTITY – ORGANIZATIONAL UNITS OF MEDICAL INSTITUTIONS, PLACES OF PROVIDING HEALTH SERVICES

(1) The following organizational units operate within the Medical Facilities of the First Medical Entity, providing health services at the locations indicated below:

a. Osipowicz & Turkowski Dermatology and Surgery Treatment Facility:

i. OT.CO Warsaw, address: ul. Bartycka 24B/U1, 00-716 Warsaw;

ii. Osipowicz & Turkowski Multispecialty Care, address: ul. Popularna 13, 02-473 Warsaw;

iii. Outpatient Clinic, address: ul. AK “Żmija” grouping 12, 01-875 Warsaw;

iv. OT.CO consulting – Września, address: ul. B. Smidowicz 9B, 62-300 Września;

v. OT.CO consulting – Gdansk, address: ul. Stara Stocznia 2/2, 80-862 Gdańsk;

vi. OT.CO consulting – Katowice, address: ul. Obroki 68, 40-833 Katowice;

vii. OT.CO consulting – Wągrowiec, address: ul. Rgielska 5, 62-100 Wągrowiec;

viii. OT.CO consulting – Poznań, address: ul. Strzeszyńska 96, 60-479 Poznań.

b. Treatment Facility Multi-profile Hospital, address: ul. AK “Żmija” grouping 12, 01-875 Warsaw.

 

§ 13

FIRST THERAPEUTIC ENTITY – ORGANIZATIONAL UNITS OF OSIPOWICZ & TURKOWSKI DERMATOLOGY & CHI RURGY TREATMENT FACILITY AND THEIR TASKS

1. Within the Osipowicz & Turkowski Dermatology and Surgery Treatment Facility there are the following Organizational Cells (Specialty Clinics): venereology (1202), vascular surgery (1530), dermatology (1200), plastic surgery (1550), gynecology (1452), health promotion (9700), andrology (1034), ENT (1610), general surgery (1500), neurology (1220), surgery (9450), urology (1640), proctology (1506), physiotherapy laboratory (1310), radiation therapy laboratory (7230), anesthesiology outpatient clinic (1670), blood collection centers (8502 and 7110), vaccination center (9600), other laboratories (cardiac echo, ecg, exercise testing) (7998), ophthalmology outpatient clinic (1600), obstetrics-gynecology (1450), endocrinology (1030), orthopedics (1580), allergology (1010), allergology for children (1011), ultrasound laboratory (7210).

(2) In order to ensure the proper functioning of the Treatment Facility and the continuity and regularity of the provision of Health Services, the Specialty Clinics of the Treatment Facility, performing the tasks assigned to them, cooperate with each other.

(3) In the Organizational Units of the Treatment Facility, the following Health Services are provided in particular:

1. providing individual advice and consultation;

2. performing diagnostic tests;

3. adjudication and opinion on the patient’s condition;

4. to indicate further treatment on the basis of diagnostic tests performed and to refer the Patient to specialist consultations, and if the goal of treatment cannot be achieved in an outpatient setting, to refer the Patient to hospital, rehabilitation or spa treatment;

5. adjudication of the Patient’s temporary inability to work;

6. forecasting and organizing preventive and therapeutic activities;

7. organizing and conducting health education in the specialties represented;

8. interaction with other health care organizational units, organizations and associations;

9. other tasks assigned by the Manager.

(4) Health services in the Specialized Laboratories are provided in accordance with the established schedule. The schedule includes the name of the Patient, the type of Benefit, the scheduled date of provision, and the composition of the medical staff delegated to provide the Benefit. In particularly justified cases, as far as the organizational capacity of the Specialized Clinic allows, the Patient may have an emergency medical visit.

5. the premises of the Specialized Counseling Centers meet all sanitary-epidemiological requirements specified in separate regulations.

 

§ 14

FIRST MEDICAL ENTITY – ORGANIZATIONAL UNITS OF THE MEDICAL ESTABLISHMENT MULTIPROFILE HOSPITAL AND THEIR TASKS

(1) The following Organizational Cells operate within the Treatment Facility of the Multi-profile Hospital:

a. one-day treatment unit (4670);

b. operating theater (4910);

c. hospital pharmacy department (4924).

(2) In the Organizational Units of the Treatment Facility, the following Health Services are provided in particular:

a. Medical consultation – qualification for treatments and issuance of referrals and recommendations;

b. Performing procedures requiring hospital treatment;

(3) The work of the branch is managed by the director of the Department. medical.

(4) The work of the operating theatre is managed by the Operating Theatre Coordinator.

5 The work of the hospital pharmacy department is headed by a master of pharmacy.

(6) Health services within the Multi-Profile Hospital are provided in accordance with the schedule established by the Operating Theatre Coordinator. The schedule includes the name of the Patient, the type of Benefit, the scheduled date of provision, and the composition of the medical staff delegated to provide the Benefit. In particularly justified cases, as far as the organizational capacity of the Hospital allows, the Patient may have an emergency medical visit.

(7) The patient wishing to perform the procedure is referred to the appropriate clinic, where he/she is given a specialist consultation, on the basis of which the doctor – operator issues a referral for the procedure and gives additional preoperative recommendations. The patient is obliged to comply with these recommendations. Based on the issued referral, the patient agrees on a date for the procedure and enters into a contract. For procedures requiring anesthesia, the Patient is additionally required to have an anesthesiology consultation no more than 7 days before the scheduled surgery. The patient is obliged to appear for treatment on the date specified in the contract. An additional pre-treatment consultation is conducted on the day of the procedure. After the procedure, the patient receives post-surgical recommendations, including a referral for post-surgical consultation.

 

§ 15

SECOND MEDICAL ENTITY – ORGANIZATIONAL UNITS OF MEDICAL INSTITUTIONS, PLACES OF PROVIDING HEALTH SERVICES

(1) The following organizational units operate within the Medical Facilities of the Second Medical Entity, providing health services at the locations indicated below:

a. Treatment Facility Hair Transplantation and Treatment Clinic, address: ul. AK “Żmija” grouping 12, 01-875 Warsaw;

b. Treatment Facility Hair Transplantation and Treatment Hospital, address: ul. AK “Żmija” grouping 12, 01-875 Warsaw.

 

§ 16

SECOND MEDICAL ENTITY – ORGANIZATIONAL UNITS OF THE MEDICAL ESTABLISHMENT OF THE HAIR TRANSPLANTATION AND TREATMENT CLINIC AND THEIR TASKS

(1) The following Organizational Cells (Specialty Clinics) operate within the Hair Transplantation and Treatment Clinic: venereology (1202), dermatology (1200), plastic surgery (1550).

(2) In order to ensure the proper functioning of the Treatment Facility and the continuity and regularity of the provision of Health Services, the Specialty Clinics of the Treatment Facility, performing the tasks assigned to them, cooperate with each other.

(3) In the Organizational Units of the Treatment Facility, the following Health Services are provided in particular:

a. Providing individual advice and consultation;

b. performing diagnostic tests;

c. Adjudication and opinion on the patient’s condition;

d. indicating further treatment on the basis of diagnostic tests performed and referring the Patient to specialist consultations, and if the goal of treatment cannot be achieved in an outpatient setting, referring the Patient to hospital, rehabilitation or spa treatment;

e. Declaring the Patient’s temporary inability to work;

f. Forecasting and organizing preventive and therapeutic activities;

g. Organizing and conducting health education in the specialties represented;

h. Interaction with other health care organizational units, organizations and associations;

i. other tasks assigned by the Manager.

(4) The work of the various Specialty Laboratories of the Treatment Facility is managed by the Clinic Coordinator.

(5) Health services in the Specialized Laboratories shall be provided in accordance with the schedule established by the Manager or the Director designated by him. The schedule includes the name of the Patient, the type of Benefit, the scheduled date of provision, and the composition of the medical staff delegated to provide the Benefit. In particularly justified cases, as far as the organizational capacity of the Specialized Clinic allows, the Patient may have an emergency medical visit.

6. the premises of the Specialized Clinics meet all sanitary and epidemiological requirements, as specified in separate regulations.

 

§ 17

SECOND TREATMENT ENTITY – ORGANIZATIONAL UNITS OF THE TREATMENT FACILITY HAIR TRANSPLANTATION AND TREATMENT HOSPITAL AND THEIR TASKS

(1) The following Organizational Cells operate within the Treatment Facility of the Hair Transplantation and Treatment Hospital:

a. one-day treatment unit (4670);

b. operating theater (4910);

c. hospital pharmacy department (4924).

(2) In the Organizational Units of the Treatment Facility, the following Health Services are provided in particular:

a. Medical consultation – qualification for treatments and issuance of referrals and recommendations;

b. Performing procedures requiring hospital treatment;

(3) The work of the one-day treatment unit shall be headed by the director of the Department of Health. medical.

(4) The work of the operating theatre is managed by the Operating Theatre Coordinator.

5 The work of the hospital pharmacy department is headed by a master of pharmacy.

(6) Health services within the Multi-Profile Hospital shall be provided in accordance with the schedule established by the Operating Theatre Coordinator. The schedule includes the name of the Patient, the type of Benefit, the scheduled date of provision, and the composition of the medical staff delegated to provide the Benefit. In particularly justified cases, as far as the organizational capacity of the Hospital allows, the Patient may have an emergency medical visit.

(7) A patient wishing to have the procedure performed is referred to the appropriate clinic, where he/she receives a specialist consultation, on the basis of which the doctor – operator issues a referral for the procedure and gives additional preoperative recommendations. The patient is obliged to comply with these recommendations. Based on the issued referral, the patient agrees on a date for the procedure and enters into a contract. For procedures requiring anesthesia, the patient is additionally required to have an anesthesiology consultation no more than 7 days before the scheduled surgery. The patient is obliged to appear for treatment on the date specified in the contract. An additional pre-surgery consultation is conducted on the day of the procedure. After the procedure, the patient receives post-surgical recommendations, including a referral for post-surgical consultation.

 

§ 18

MAINTENANCE AND STORAGE OF MEDICAL RECORDS

(1) Treatment Entities shall maintain and store medical records in accordance with the rules set forth in the law, in particular the Law on Patients’ Rights. Treatment Entities shall provide measures to keep medical records confidential, as well as to protect them from destruction and access by unwanted persons.

(2) Persons providing Health Care Services, as well as other employees and associates of Health Care Entities, shall keep medical records on an ongoing basis with due diligence.

(3) Treatment Entities shall keep medical records for a period of 20 years, counting from the end of the calendar year in which the last entry was made, except:

a. medical records in the case of death of a Patient due to bodily injury or poisoning, which shall be kept for a period of 30 years, counting from the end of the calendar year in which the death occurred;

b. medical records containing the data necessary to monitor the fate of blood and its components, which are kept for a period of 30 years, counting from the end of the calendar year in which the last entry was made;

c. X-ray images stored outside the patient’s medical records, which are kept for a period of 10 years, starting from the end of the calendar year in which the image was taken;

d. test referrals or doctor’s orders, which are kept for a period of time:

– 5 years, counting from the end of the calendar year in which the Health Service that is the subject of the physician’s referral or order was provided;

– 2 years, counting from the end of the calendar year in which the referral was issued – in case the Health Service has not been provided due to the Patient’s failure to report within the established time limit, unless the Patient has collected the referral;

e. Medical records on children under the age of 2, which are kept for 22 years.

(4) After the expiration of the periods mentioned in paragraph. 3 above, Treatment Entities shall destroy medical records in a manner that makes it impossible to identify the Patient to whom they pertained. Medical records intended for destruction may be released to the Patient, his legal representative or a person authorized by the Patient.

(5) After the expiration of the periods referred to in paragraph. 3 above, to handle medical records that are archival material within the meaning of the Law of July 14, 1983. on the national archival resource and archives, the relevant provisions of this law shall apply.

 

§ 19

SHARING OF MEDICAL RECORDS

1 Treatment Entities shall make medical records available:

1. patient;

2. the Patient’s legal representative;

3. a person authorized by the Patient.

(2) After the death of the Patient, the medical records shall be made available to the person authorized by the Patient during his life or to the person who was his legal representative at the time of the Patient’s death. Medical records are also made available to a loved one, unless the release is opposed by another loved one or opposed by the patient during his or her lifetime.

(3) In addition to the persons listed in paragraph. 1 and 2 above, medical records shall also be made available:

1. entities providing Health Services, if the documentation is necessary to ensure the continuity of Health Services;

2. public authorities, including the Ombudsman for Patients’ Rights, the National Health Fund, bodies of the self-government of medical professions and consultants in health care, as well as the Ombudsman for Patients’ Rights of the Psychiatric Hospital, to the extent necessary for these entities to perform their tasks, in particular, supervision and control;

3. entities referred to in Art. 119 para. 1 and 2 of the Law on Medical Activities, i.e. entities commissioned by the Minister of Health to carry out the inspection to the extent necessary to carry out the inspection;

4. the Medical Research Agency within the scope of the Law of February 21, 2019. About the Medical Research Agency;

5. to the minister in charge of health, courts, including disciplinary courts, prosecutors, forensic doctors and ombudsmen of professional responsibility, in connection with the proceedings;

6. authorized under separate laws to bodies and institutions, if the examination was conducted at their request;

7. disability authorities and disability assessment teams, in connection with their proceedings;

8. entities that maintain records of medical services, to the extent necessary to maintain the records;

9. insurance companies, with the consent of the Patient;

10. to medical commissions subordinate to the minister in charge of internal affairs, military medical commissions and medical commissions of the Internal Security Agency or the Intelligence Agency, subordinate to the heads of the relevant Agencies;

11. medical practitioners, in connection with the conduct of a procedure for evaluating a health care provider under the provisions on accreditation in health care or a procedure for obtaining other quality certificates, to the extent necessary for their conduct;

12. the provincial commission for adjudication of medical events, within the scope of its proceedings;

13. heirs in the scope of the ongoing proceedings before the provincial commission for adjudication of medical events;

14. persons performing inspection activities under the Law of April 28, 2011. On the health care information system, to the extent necessary to carry them out;

(4) Medical records may also be made available to a university or research institute for use for scientific purposes, without disclosing the name and other identifying information of the subject.

(5) A request for medical records can only be made in writing. The request in written form can be submitted at the reception desk of the Treatment Entity, by mail to the address of the Treatment Entity, or by e-mail. A model application is attached as Appendix 2 to these Regulations.

(6) Medical records shall be made available to an authorized person without undue delay, in a manner that ensures confidentiality and protection of personal data.

(7) Treatment Entities may refuse to provide access to medical records if an unauthorized person requests it. Refusal to provide access to medical records is done in writing and requires justification. The same applies if the release of medical records is not possible.

8 Medical records shall be made available:

1. for inspection, either at the place where the Health Services are provided, excluding emergency medical actions, or at the premises of the entity providing the Health Services, with provision for the Patient or other authorized persons to take notes or photographs;

2. by making an extract, copy, copy or printout thereof;

3. by issuance of the original against acknowledgement of receipt and subject to return after use, at the request of public authorities or courts of law, and also in the event that delay in issuance of the documentation could cause danger to the life or health of the Patient. In the case referred to above, the Treatment Entity shall make and leave at the Treatment Entity a certified copy or photocopies of such documentation, unless this is not possible, in particular due to a threat to the Patient’s life or health;

4. on a computerized data carrier.

(9) X-rays taken on film shall be made available to authorized persons against receipt and subject to return after use.

(10) Medical records maintained in paper form may be made available by making a copy in the form of a digital reproduction (scan) and transmitted via electronic communication or on a computer data carrier, at the request of the Patient or other authorized bodies or entities.

(11) Treatment Entities shall maintain a list regarding the medical records provided in accordance with the requirements set forth in the Law on Patients’ Rights.

 

§ 20

FEES FOR SHARING MEDICAL RECORDS

(1) Treatment Entities shall provide access to medical records in the manner indicated in § 16 par. 8 and paragraph. 10 chargeable. The fee is determined in accordance with the price list for providing medical records in effect at the Medical Entities on the date of the request for records. The price list for providing medical records is published on the website of the Medical Entities. The patient is informed in each case of the total fee for providing medical records before the service is performed.

(2) The fees referred to in paragraph. 1, shall not be charged in the case of release of medical records:

a. To the patient or his legal representative for the first time in the requested scope and manner referred to in § 16 par. 8 and paragraph. 10 Regulations;

b. in connection with proceedings before the provincial commission for adjudication of medical events.

 

§ 21

MUTUAL COOPERATION OF MEDICAL ENTITIES AND COOPERATION WITH OTHER ENTITIES

(1) In order to ensure the correct diagnosis, treatment and care of Patients and the continuity of the provision of Health Services, Treatment Entities shall cooperate with each other and with other entities performing medical activities on the basis of separate contracts.

(2) The interaction referred to in paragraph. 1 above, may consist in particular of:

a. To provide Patients with Health Services to the extent not covered by Medical Entities, such as medical transportation, performance of specialized diagnostic tests and others;

b. Providing patients with specialized consultations in areas not covered by the activities of Treatment Entities;

c. Provision of medical consultations by physicians performing work for Medical Entities on behalf of other entities.

(3) The rules of cooperation with other entities, including the rules of transfer of medical records in order to maintain the continuity of the provision of Health Services, shall be governed by the provisions of contracts concluded with these entities.

(4) In cases of danger to the life or health of the patient, Treatment Entities shall undertake cooperation with other treatment providers according to the criterion of quality and timeliness of the required procedure.

 

§ 22

PATIENT RIGHTS AND RESPONSIBILITIES

(1) A patient receiving Health Services provided by Treatment Entities shall have the rights provided by law, in particular the Law on Patients’ Rights.

(2) The list of patient rights is available for inspection at the registration of Treatment Entities.

(3) The patient undertakes to comply with the Regulations and all internal acts of the Treatment Entities.

(4) In particular, the patient shall:

a. respect for property owned by Treatment Entities;

b. respect the rights of third parties residing on the premises of the Treatment Entities (Patients and employees and associates of the Treatment Entities);

c. comply with the prohibition on entering the premises where Health Services are provided or other premises marked with a prohibition sign;

d. Maintain cleanliness on the premises of the Treatment Facility and other facilities belonging to the Treatment Entities;

e. Cultural behavior on the premises of the Treatment Facility and other facilities belonging to the Treatment Entities.

(5) Patients are prohibited from consuming alcohol, using narcotic drugs, and smoking tobacco products and electronic cigarettes on the premises of the Treatment Facility and other facilities of the Treatment Entities.

(6) If the Patient’s culpable actions result in damage to the property of the Treatment Entity, the Patient may be charged with the cost of repair.

(7) Treatment Entities shall not be responsible for items owned by Patients left in checkrooms, lockers or rooms of Treatment Entities.

 

§ 23

PERSONAL DATA PROTECTION

(1) The controller of the personal data processed shall be the First Treatment Entity and the Second Treatment Entity, respectively, to the extent that each of these Entities processes data in connection with its operations.

2 Treatment Entities have appointed Data Protection Officers. The Data Protection Officer is responsible for all matters related to the Treatment Entity’s processing of personal data. In matters concerning the manner or scope of processing of personal data in the course of the activities of the Treatment Entities, or your rights in connection therewith, you may contact the Data Protection Officers by letter to the address at ul. Bartycka 24B/U1, 00-716 Warsaw or by e-mail to: rodo@klnikaotco.pl.

(3) Treatment Entities shall process personal data in order to comply with legal obligations incumbent on them in connection with the provision of Health Services, performance of concluded contracts, and otherwise Treatment Entities shall process personal data only on the basis of previously granted consent, to the extent and for the purpose specified in the content of such consent, i.e. For the following purposes:

a. Reservation of the date for the provision of the Health Benefit (Article 6(1)(b) of the RODO in connection with. with the Law on Patients’ Rights and the Law on Medical Activities), which applies to the data provided in the reservation form (identification data). The aforementioned. The data is kept by the Treatment Entities for the period from the sending of the reservation form until the Provision of the Service, and if the Provision of the Service does not take place, for up to 30 days from the scheduled date of the Provision of the Service;

b. the conclusion and performance of the contract for the provision of Health Services (Article 6(1)(b) of the RODO and Article 9(2)(h) of the RODO in connection with the Act of December 5, 1996 on the professions of physician and dentist, the Act on patient rights, the Act on therapeutic activity, et al.), which applies to ordinary data (name, surname, date of birth, PESEL, gender designation, type, series and number of identity document, residential address, e-mail, telephone number, data including name, surname, telephone number, address of residence of next of kin, name and surname and address of residence of legal representative) and sensitive data (health data, genetic data; Treatment Entities may also process data revealing racial or ethnic origin, revealing religious beliefs, concerning the place of work or data on family status). The aforementioned data are kept for the archiving period of medical records indicated in Article 29 of the Law on Patients’ Rights, i.e. generally for 20 years;

c. realization of the Patient’s rights (Article 6(1)(c) of the RODO and Article 9(2)(c) and (h) of the RODO in connection with the Patient’s Rights Act, et al.), which concerns health information and the maintenance, archiving and access to medical records. The aforementioned data are kept for the archiving period of medical records indicated in Article 29 of the Patients’ Rights Act, i.e. in principle for 20 years;

d. performance of the contract for delivery of the newsletter “Newsletter” via https://klinikaotco.pl (Article 6(1)(b) of the DPA), which applies to ordinary data (e-mail). The aforementioned. data are stored for the period of performance of the contract for the provision of the newsletter “Newsletter”;

e. Fulfillment of legal obligations incumbent on Treatment Entities (Article 6(1)(c) of the DPA), among others. resulting from the tax law;

f. To fulfill the legitimate interests of the Treatment Entities (Article 6(1)(f) of the DPA), including but not limited to:

– transfer of data to the payment operator in connection with the provision to the Medical Entity of the service of making available the infrastructure for handling payments over the Internet, handling and settlement of payments made by Patients over the Internet using payment instruments, verification of the due performance of contracts concluded with the Medical Entity, in particular, ensuring the protection of the interests of payers in connection with complaints submitted by them;

– to analyze the quality of services provided by the Treatment Entity by addressing questionnaires requesting information (for the duration of the contract and one year after its execution);

– To establish, assert or defend against claims (for the duration of the proceedings and the period of the statute of limitations for claims);

– marketing, i.e. to offer services provided by the Treatment Entity.

(4) Treatment Entities shall keep personal data confidential and secure them from unauthorized access by third parties in accordance with the principles set forth in applicable regulations.

(5) Personal data is collected when ordering services or purchasing products from https://klinikaotco.pl, using the services offered by the Treatment Entities or cooperating with the Treatment Entities, as well as when communicating with the Treatment Entities or its representatives.

6 Personal data may be processed by automated means and will not be profiled.

(7) Recipients of personal data are employees and associates of the Treatment Entity, i.e. persons with whom the Treatment Entity cooperates for the purpose of performing professional duties, external service providers, i.e. entities whose services are used by the Treatment Entity for data processing, e.g. providers of ICT or payment services, including Krajowy Integrator Płatności S.A. based in Poznań (operator of Tpay), and other independent recipients, i.e. entities processing data on behalf of the Treatment Entity on the basis of a contract of entrustment of personal data processing, institutions authorized to control the activities of the Treatment Entity or entities entitled to obtain personal data on the basis of separate regulations.

8 Personal data may be transferred outside the European Economic Area on the basis of standard contractual clauses (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en) or Privacy Shield certification (https://www.privacyshield.gov/EU-US-Framework).

(9) The person whose data is processed by the Treatment Entities shall have the following rights:

a. access to personal data concerning it, rectification (correction), completion if incomplete, deletion or restriction of processing, data portability, and receipt of a copy of the data;

b. to object to the processing;

c. file a complaint with the President of the Office for Personal Data Protection against the Treatment Entity if it believes that the processing of data violates the law;

d. where processing is based on consent, withdrawal of consent to the processing of personal data (withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal).

(10) Where the processing of personal data is based on consent, the provision of data is voluntary. However, refusal to provide consent to process personal data may result in a refusal to provide a service or take another action. Provision of data is mandatory if the basis for processing is a provision of law or a contract between the parties.

 

§ 24

VIDEO SURVEILLANCE

(1) In order to increase the safety of Patients, employees and associates of Medical Entities and other persons residing in the area of Medical Entities, as well as to increase the protection of the property located there, pursuant to Art. 6 paragraph. 1 lit. (e) RODO (processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller) and Art. 6 paragraph. 1 lit. (f) RODO (processing is necessary for the purposes of legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject̨ requiring protection of personal data), the public premises of the Treatment Entities are covered by permanent video monitoring.

(2) Video surveillance covers entrances to and exits from the Treatment Facilities, passageways (corridors), reception/waiting area, as well as doctors’ offices.

(3) Personal data in the form of an image and the time and place of the event are recorded by surveillance cameras, which record images continuously. Only the image is registered and recorded. Access monitoring records the entries and exits of authorized persons.

4. personal data from the monitoring are stored for a period of 14 days

(5) The Treatment Entity shall secure and make personal data available only to the relevant authorities authorized under the relevant laws, such as the police, the prosecutor’s office or the court. In addition to these entities, the recipients of personal data may be employees and associates of the Treatment Entity. The Treatment Entity does not share personal data with other recipients.

(6) Personal data processed in connection with the use of video surveillance will not be transferred to a third country (outside the European Economic Area) or to an international organization. They will also not be processed by automated means and will not be profiled.

(7) Anyone affected by personal data processed in connection with the use of video surveillance shall be entitled to the rights referred to in § 20 paragraph. 9 and 10 of the Regulations.

(8) The provision of personal data in the form of an image and the time and place of the event is voluntary, but necessary for technical reasons to stay on the premises of the Treatment Facility. There are signs at the Treatment Facility indicating that the facility is monitored.

 

§ 25

PROCEDURE FOR FILING COMPLAINTS OR REQUESTS

(1) The Patient shall have the right to file a complaint or motions regarding the manner in which he/she was provided with the Health Service or the performance by the Treatment Entities of other obligations incumbent on the Treatment Entity.

(2) Complaints or requests may be submitted in writing by sending it to: ul. Bartycka 24B/U1, 00-716 Warsaw or by e-mail to reklamacje@klinikaotco.pl.

(3) Complaints or requests should indicate the Patient’s contact information, in particular name and surname, correspondence or e-mail address, the subject of the complaint or request and the reasons for it, as well as the allegations and requests of the Patient. Complaints or applications that do not contain the above data will not be processed.

(4) The Treatment Entity shall consider the complaint or application within 45 working days from the date of receipt of the data indicated in paragraph (4). 3 above. The response will be provided in a form appropriate to the form in which the complaint or request was submitted.

(5) Notwithstanding the above, the Patient shall be obliged to appear at the facility of the Treatment Entity a second time on the date indicated by the given Treatment Entity, in order to enable the Treatment Entity’s staff to verify the objections raised by the Patient, if, in the opinion of the Treatment Entity, such visit proves necessary in a given case for the purpose of assessing the validity of the reported complaint or request.

(6) In case of the Patient’s failure to appear at the appointment specified in paragraph (1). 5 above, a new date for the next visit will be agreed once. Failure of the patient to appear at the next visit (the second visit) is tantamount to the closure of the process of consideration of the complaint or application submitted by the patient and its lack of consideration.

(7) For the smooth processing of the complaint or application, the visit should be carried out within 2 (two) months from the date of receipt of the complaint or application. After this deadline, the complaint or application will not be processed.

(8) In the case of a Health Benefit provided in the form of a procedure, the visit shall be made to the operator’s physician who performed the procedure and shall be free of charge.

(9) A complaint or application will not be considered if the Patient:

a. survived the scheduled treatment without giving a reason;

b. stopped attending scheduled medical appointments without giving a reason;

c. He did not follow medical advice;

d. does not attend follow-up appointments as prescribed by the doctor;

e. independently makes adjustments to the services provided;

f. withheld information affecting the course and effect of the benefit;

g. suffered an accident that resulted in damage to the treated areas;

(10) Each time the Patient is obliged to try to resolve the dispute amicably.

 

§ 26

FINAL PROVISIONS

1 The Regulations were given to the Treatment Entities by the Managers.

(2) The Treatment Entities reserve the right to amend the Regulations. Amendments shall be made by the Manager in writing by publishing the new Regulations on the website of the Treatment Entities and in any other place where the amended version of the Regulations was available.

(3) In matters not regulated in the Regulations, the provisions of applicable Polish law shall apply, in particular the Act on medical activity and the Act on patient’s rights.

(4) Persons providing Health Care Services at Health Care Providers, including its staff, as well as Patients and persons accompanying Patients, are obliged to familiarize themselves with the Regulations and comply with their provisions.

(5) The Regulations shall be made known to Patients by making an extract of the Regulations available, at the request of the Patient, at the reception desk of the Treatment Entities, in e-amil correspondence with the Patient, as well as on the website.

6 The Regulations shall be made known to all employees and associates of the Treatment Entities.

7 The Regulations shall come into force on the date of publication.

8 Part of the Regulations is a diagram of the organizational structure of the Treatment Entities – Appendix No. 1. organizational chart of the First and Second Treatment Entities;