Helped a client to arrange an infirmary at enterprise, which was supposed to provide a daily medical examination of drivers

Who is the client?

• An enterprise had drivers for both cars and trucks;
• served an international food industry company;
• medical services were not the main type of activity.

How did the client formulate a task? What solution was suggested and why?

The client was interested in the licensing of activity of a number of medical workers, who would: 

• provide a daily medical examination of transport drivers (trucks for transportation of materials and products, buses transporting workers); 
• twenty-four hours service for providing emergency medical care in case of accidents (prior to the arrival of ambulances) and in case of application of employees;
• could potentially provide other medical services, for instance, a massage.

Providing such medical services to another enterprise would require an obtainment of a license for a medical institution, such as a medical center etc. Realization of such a project would require the client to expand a material and technical base, search for additional medical staff (a chief physician and medical doctors).

At the same time, our lawyers found that a structure of interaction between our client and a company, which they served, was based on outstaffing, and therefore, formally, medical services had to be provided to employees of our client.

For such situations, there is an optimal form of conducting a medical practice, namely a medical office without establishment of a medical institution, which was proposed by our lawyers.

What difficulties were in implementation of the decision made?

Since a form of information is standard, it is very important to correctly get a message of all the possible options of providing medical care, which a medical staff of our client was going to provide, to the licensing authority.

Line of thinking and approach to lawyer’s work in implementation of the decision

A work on this project included 3 directions:

• advising the client on the documents, which he must obtain on his own at a registered office of the enterprise;
• dialogue with the licensing authority for the best possible completion of the documents, which would allow to reflect all types of medical care necessary for the client;
• preparation of the final packet of documents on the basis of the intermediate documents provided by the client for submission to the Ministry of Health of Ukraine, taking into consideration recommendations of the licensing authority for filling.

What value did the client get? Why would he not have achieved that independently?

• Avoided the need to establish a medical institution, which, in turn, saved financial expenses on expanding staff and material and technical base;
• was able to prescribe all necessary medical services in the form, which the Ministry of Health of Ukraine understands and recognizes; consequently, their application was authorized by the Ministry.

Who should retain such services? In what cases?

• motor transport and other enterprises, which conduct a daily medical examination of drivers;
• enterprises, which have a nurse, a physician assistant, a physician or other medical worker, who provides medical care to employees of such enterprises, in staff.