The draft amendment to the Act on the prevention and management of infections and infectious diseases in humans provides for forks of payments from the new Protection Vaccination Compensation Fund (FKSO) for adverse reactions listed in the Summary of Product Characteristics.
Compensation benefits are to be granted to persons who will require hospitalisation of not less than one year as a result of adverse vaccine effects. 14 days. Other rules will apply after an anaphylactic shock, which, as the justification states, “although it is a rapidly reversible condition, is a serious side effect”.
If you require observation in the hospital emergency department or emergency room, the Fund will pay you 3,000 PLN. For hospitalisation associated with an anaphylactic shock lasting below two weeks he'll get 10,000 PLN.
The amount of payment for hospital stay associated with other adverse reactions depends on the length of stay in the hospital. If it lasts 14 to 30 days, the patient will get 10,000 PLN to 20,000 PLN, 31–50 days: 21–35,000 PLN, 51–70 days: 36–50,000 PLN, 71–90 days: 51–65,000 PLN, 91–120 days: 66–89,000 PLN, a above 120 days: 100,000 PLN.
If you must undergo general anaesthesia, the benefit is increased by 15,000 PLN, if you have another treatment or method of treating or diagnosing an increased risk – o 5,000 PLN, if you need care in the ICU for at least 7 days – o 10,000 PLN and o 20,000, when your stay at the OIT lasts longer than 30 days.
The compensatory benefit shall also include reimbursement of the costs of further treatment or rehabilitation after completion of observation or hospitalisation, but not more than 10,000 PLN, and the total amount of the benefit may not exceed 100,000 PLN.
The payment of the compensation benefit will be made on the basis of a decision by the Ombudsman and the payment will be decided by a substantive analysis of the FKSO benefit team operating at the RPP.
Finally, the compensation benefits will also be covered by compulsory protective vaccination of children and adolescents to 19. one year of age and optional vaccination in an epidemic situation organised by national authorities and financed by the state budget, such as measles vaccination or Covid-19 and vaccinations introduced in an epidemic state. The benefit will also apply if the vaccination is carried out with a vaccine other than that purchased by the Ministry of Health.
Author: Bartosz Nawrot
Legal consultant associated with the law firm Russell Bedford Poland 2018.