RA Armed Forces Pensioner’s Claim for Positive Obligation by the Government
12:14, April 1, 2014 | News, Own news | Prohibition of Discrimination, Rights of Soldiers/Recruits | Armed ForcesThe RA Law on Social Security of Servicemen and Members of their Families dated October 27, 1998 provides for free of charge medical services for servicemen and their family members, i.e. the State must cover the expenses incurred by medical institutions. Under this law, numerous pensioners of Armed Forces and family members of servicemen received medical services under the auspices of the State, amounting to 897 persons in 2013.
However, Order № 2082-A of December 21, 2010 by the RA Minister of Healthcare placed some restrictions on reimbursement for certain medical services for servicemen and their family members. Some types of surgeries are no longer reimbursed.
The sub-legislative act in question makes the basis for the refusal by the RA Ministry of Healthcare and Ministry of Defense to reimburse the expenses related to the surgery of Edvard Hakhverdyan, a RA Armed Forces pensioner’s family member.
Note that in October, 2011, Edvard Hakhverdyan underwent a surgery on his heart at the State Medical University after Mkhitar Heratsi. Without getting any reimbursement for its expenses (1,860,000 AMD), on June 13, the University filed a lawsuit against E. Hakhverdyan at the RA Lori Region Court of General Jurisdiction claiming for damages.
Upon receiving similar replies from both the RA Ministry of Defense and Ministry of Healthcare, with reference to the mentioned Order of the RA Minister of Healthcare, on March 7, 2013 E. Hakhverdyan brought a suit against the RA Government and RA Ministry of Healthcare at the RA Administrative Court requiring to declare void (partially) the RA Government Decree № 318-N and the Decree № 2082-A of the Ministry of Healthcare to the effect of failure to prescribe and provide for the free of charge health care under the Law on Social Security of Servicemen and Members of their Families.
The RA Administrative Court refused to consider this application, and appealing at higher instances proved useless, since no court of law admitted it.
Guided by the RA Government Decree of July 25, 2013 providing for state reimbursement of all medical services related to prosthetic heart valves and cardiac pacemaker implantation for military servants, on December 10, 2013, E. Hakhverdyan again applied to the RA Ministry of Defense to reverse the denial of G. Tepelyan, Head of the Military and Medical Directorate of the RA Armed Forces, and reimburse the expenditures incurred by the Yerevan State Medical University after Mkhitar Heratsi.
However, the pensioner again received a negative reply featuring that in particular, the RA Ministry of Defense was not liable for reimbursing the costs of services delivered at non-departmental medical institutions. The letter also stated that in case of a relevant authorization from the RA Ministry of Finance, the Military and Medical Directorate of the RA Armed Forces would be able to sign purchase contracts on heart surgeries and to compensate the expenses of the applicant’s surgery to the extent specified by the relevant reimbursement program.
Thus, the RA Ministry of Defense discriminates against E. Hakhverdyan in its decrees by failing to reimburse the expenses of the medical institution to restore his health as prescribed by law. Thus, the State fails to fulfill its positive obligations by depriving E. Hakhverdyan form any opportunities to exercise his right provided by law.
Arayik Zalyan, HCA Vanadzor lawyer, acting as E. Hakhverdyan’s representative applied to the RA Government on March 26, 2014 to pass a favorable administrative act on reimbursing the Yerevan State University after Mkhitar Heratsi.
A favorable administrative act was passed by the Government after the assassination attempt against Paruyr Hayrikyan, presidential candidate of 2013 elections, as the State undertook to cover all his health care expenses. It is noteworthy that the State was not bound by any legal regulation or a sub-legislative act and only showed its good will.
As for E. Hakhverdyan, apart from his legal right for reimbursement, he also served for many years in the RA armed forces and is retired now. However, the RA Ministry of Defense and Ministry of Healthcare prevent him from exercising his right by their discriminatory treatment.