The authorities of Tatarstan appealed to the Constitutional Court with a request to remove from the regions the authority to provide medicines to residents with orphan diseases. Due to the lack of money for these purposes in the budgets of the constituent entities, patients complain to the local authorities in the courts.
The State Council of Tatarstan adopted a resolution to appeal to the Constitutional Court with a request to check the constitutionality of a number of articles of the law “On the Fundamentals of Protecting the Health of Citizens,” which impose obligations on regional budgets to provide medicines to citizens with rare (orphan) diseases. The request states that the right to life and health care is subject to state protection; the powers of the constituent entities of the Russian Federation (defined by the law “On the General Principles of the Organization of Public Power”) do not have such an obligation, writes Kommersant.
In this regard, legislators believe that the requirements of the law “On the Fundamentals of Health Protection” lead to a violation of the constitutional principle of delimitation of jurisdiction and powers between government bodies and constituent entities of the Russian Federation.
According to the State Council of Tatarstan, the republic’s budget expenditures on the purchase of drugs for the treatment of orphan diseases exceed 1 billion rubles. in year. In total, since the beginning of 2019, assistance has been provided to 384 patients. Moreover, in some cases, the cost of annual treatment can reach “tens, or even hundreds of millions of rubles,” and the amount of subventions from the federal budget turns out to be insufficient. All this leads “to the dependence of the patient’s life and its quality on the policies of a particular entity and the expectation of one form or another of federal support,” the appeal states.