Free medical assistance is granted to women living in Poland permanently, who were granted subsidiary protection during childbirth and puerperium, as well as to their newborn children.
The President of the National Health Fund (NFZ) admitted, in the course of self-examination, a complaint prepared by us against his own decision charging the costs of childbirth, postpartum care and neonatal care for a newborn of a woman who stayed in Poland on the basis of subsidiary protection (decision of April 29, 2021, No. 786/07/2021/KL).
The foreigner was granted protection in Poland over 10 years ago. In accordance with legal regulations, she had the right to use healthcare during pregnancy, childbirth and the postpartum period, regardless the insurance she had (Article 2 sec. 4 letter B of the Act on healthcare services). Nevertheless, the President of the National Health Fund initiated proceedings to charge her with the costs of hospital stay during childbirth and puerperium and with the costs of caring for the newborn. The President of the National Health Fund determined that during this period the woman was not insured with ZUS. In the opinion of the authority, this was a sufficient basis to charge her with high costs of medical care for her financial capability.
The woman, with the help of a lawyer from the Association for Legal Intervention, made a complaint against the decision of the President of the National Health Fund. The complaint emphasized that the law entitled her to free medical care as she was pregnant, lived permanently in Poland and was granted subsidiary protection.
The President of the National Health Fund agreed with the position presented in the complaint, repealed his earlier decision and discontinued the procedure completely. Thus, the President of the National Health Fund decided that free medical assistance is available to women living in Poland permanently who were granted subsidiary protection during childbirth and puerperium, as well as to their newborn children.