The Ministry of Health has issued a draft regulation on streamlining processes related to oncological treatment

The Ministry of Health has published a regulation on the oncological diagnostic and treatment card. Its aim is to simplify and streamline processes related to the treatment of oncological patients. It introduces changes to the current card template, allowing hospital doctors and doctors running health programs to issue the card already at the stage of suspected cancer, and not only after it has been confirmed. The new regulations will enter into force 14 days after the announcement, replacing the current template, which will remain in force until April 2025. The project will not affect micro-entrepreneurs or the area of ​​personal data protection. These changes are intended to ensure better communication and coordination in the diagnosis and treatment of cancer in Poland.

As we read in the justification of the Ministry of Health regarding the draft Regulation on the template of the oncological diagnostic and treatment card:

The draft regulation on the template of the oncological diagnostics and treatment card constitutes the implementation of the authorisation contained in Article 40 paragraph 5 of the Act of 9 March 2023 on the National Oncological Network (Journal of Laws of 2024, item 1208), hereinafter referred to as the "Act".

In accordance with this provision, the minister responsible for health issues shall determine, by way of a regulation, the template of the oncological diagnostic and treatment card , with the aim of ensuring the proper flow of information on the implementation of oncological diagnostics or oncological treatment.

The draft regulation specifies the template of the oncological diagnostics and treatment card. In relation to the currently applicable template of the oncological diagnostics and treatment card, contained in the regulation of the Minister of Health of 21 June 2027 on the template of the oncological diagnostics and treatment card (Journal of Laws, item 1250) issued on the basis of art. 32b section 5 of the Act on health care services financed from public funds (Journal of Laws of 2024, item 146, as amended), the draft template of this card introduces changes by enabling a physician providing hospital services and a physician providing services within the scope of health programs to issue a card , just like a physician providing outpatient specialist services and primary health care, i.e. for suspicion and confirmation, and not only for the confirmation of cancer (explanation 1 to the template of the card).

Apart from the above-mentioned change, the proposed template of the discussed card duplicates the currently applicable template. In Article 54, the Act indicates that the previous, previously cited regulation on the template of the oncological diagnostics and treatment card shall remain in force until the date of entry into force of the implementing provisions issued pursuant to Article 40 paragraph 5 of the Act, but no longer than for 24 months from the date of entry into force of the Act, i.e. until 19 April 2025.

It is proposed that the regulations in question enter into force after 14 days from the date of announcement.

The scope of the draft regulation is not covered by European Union law. The draft regulation does not require submission to the relevant bodies and institutions of the European Union, including the European Central Bank, for the purpose of obtaining an opinion, notification, consultation or agreement.

The regulation in question does not affect the activities of micro, small and medium-sized enterprises.

The draft regulation does not contain technical regulations within the meaning of the provisions of the Regulation of the Council of Ministers of 23 December 2002 on the functioning of the national system for notification of standards and legal acts (Journal of Laws, item 2039 and of 2004, item 597) and is therefore not subject to notification.

The draft regulation does not contain requirements imposed on service providers subject to notification referred to in Article 15(7) and Article 39(5) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ EU L 376, 27.12.2006, p. 36).

The draft regulation has no impact on the area of ​​personal data. Therefore, no impact assessment for the protection of personal data has been carried out, as referred to in Article 35 paragraph 1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU L 119, 4.5.2016, p. 1, as amended).

At the same time, it should be pointed out that it is not possible to take alternative measures to the draft regulation that would enable the intended objective to be achieved.

The entire document can be read here: https://legislacja.rcl.gov.pl/docs//516/12394950/13113058/13113059/dokument705797.pdf