ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
certain categories of patients according to their actual needs, which resulted in the opening of a
number of ex officio cases related to this issue213. There is also the issue of drugs not registered
and not available in Bosnia and Herzegovina.
It is important to point out that on 15 August 2019 Ombudspersons of Bosnia and Herzegovina
sent an initiative to the National Assembly of the Republika Srpska to amend the Law on Health
Insurance 214 in part related to the status of mandatory insured persons. During their investigation215
Ombudspersons realized that a person older than 65 cannot gain the status of an insured person,
that is, cannot get the insurance coverage under the provisions of the Law on Health Insurance if
they do not have a pension, but they are the owners of a certain land plot. Being frail and old, they
cannot carry out agricultural activities and therefore are unable to get coverage in the category of
farmers, and at the same time cannot be insured as social protection beneficiaries since they own
the land. In 2019 the National Assembly of Republika Srpska adopted the Law on Amendments
to the Law on Health Insurnace of Republika Srpska 216 where Article 10a was added whereby
under Item 3 persons older than 65 are covered by health insurance mandatorily in which way the
Ombudsman's initiative was implemented.
Example: 217 Ombudsman processed a complaint in which the Health Insurance Fund of the
Republika Srpska was identified as a responsible regarding the violation of the rights arising from
the health insurance, which is reflected in the non-reimbursement of the costs of the micro TESE
procedure. He alleges that the East Sarajevo Branch of the Fund reached a decision rejecting his
request for reimbursement of the mentioned costs. Deciding on the appeal, the second-instance
body annulled the first-instance decision and returned the case for a new procedure. In the repeated
procedure, the East Sarajevo Branch of the Fund in their decision no.: 15/053-8-174-1 / 19 dated
11 July 2019 decided negatively again. The complainant timely filed a complaint with the Director
of the Fund. The Ombudsman requested a statement from the responsible party. In its statement,
the Fund claimed that the procedure is still ongoing, because the expert opinion of the University
Clinical Center of Republika Srpska has been requested, and that after receiving a response from
the said institution, it will decide on the complainant's request. The complainant later informed the
Ombudsman that the Fund had passed a decision on the appeal approving his request for
reimbursement of costs, thus successfully concluding the proceedings.
Example: 218 The complainant contacted the Institution as she was suffering from adrenal cancer
and needed the drug Mitaton (lysodren) for treatment, which is not on the List of Essential
Medicines for the treatment of her condition. She states that she underwent surgery of a tumor on
the adrenal gland, and it was established that she needed the mentioned medicine for therapy,
which is not available in Bosnia and Herzegovina. The complainant considers that the said
medicine should be available from the Health Insurance and Reinsurance Institute of the
Federation of Bosnia and Herzegovina (Solidarity Fund) and points out that she applied to the
Health Insurance and Reinsurance Institute of the Federation of Bosnia and Herzegovina with a
Ž-SA-04-327/19
Official Gazette of Republika Srpska, no. 18/99, 51/01, 70/01, 51/03, 57/03, 17/08, 1/09 and 106/09.
215
Ž-BL-04-646/18
216
„Official Gazette of Republika Srpska“, no.: 94/19 dated 11 November 2019
217
Ž-BL-04-642/19
218
Ž-SA-04-154/19
213
214
57
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