Public Offer Agreement for the Provision of Medical Care within the Framework of the Guaranteed Volume of Free Medical Care and Compulsory Social Health Insurance

Limited Liability Partnership “Center of Hematology”, Business Identification Number (BIN) 151040023516, hereinafter referred to as the “Healthcare Entity”, licensed to perform medical activities under License No. 22023535 dated December 9, 2022, represented by General Director Irina Alekseevna Pivovarova, acting on the basis of the Charter, hereby expresses its intention to enter into an agreement with any adult natural person, hereinafter referred to as the “Patient”, for the provision of medical care within the framework of the Guaranteed Volume of Free Medical Care (GVFMC) and Compulsory Social Health Insurance (CSHI), pursuant to Articles 196 and 200 of the Code of the Republic of Kazakhstan “On the Health of the People and the Healthcare System”, and on the terms and conditions of this public offer (hereinafter — the Agreement) as follows:

1. Subject of the Agreement

1.1 This Agreement is a public offer and is posted on the official website of the Healthcare Entity at https://hemcenter.kz/ The provisions of Article 387 of the Civil Code of the Republic of Kazakhstan (Public Agreement) apply hereto. The terms and conditions of this Agreement are identical for all Patients. In accordance with paragraph 3 of Article 396 of the Civil Code of the Republic of Kazakhstan, by accepting the terms below, any individual shall be deemed to have accepted this offer and become a Patient. Pursuant to Article 389 of the Civil Code of the Republic of Kazakhstan, this Agreement must be accepted by the Patient in full, without any conditions, exceptions, or reservations.

1.2 Full and unconditional acceptance (acceptance) of the terms of this Agreement, posted on the website https://hemcenter.kz/ , and the date of its conclusion shall be the date on which the Patient signs the Informed Voluntary Consent for the Provision of Medical Services, including inpatient treatment and the processing of personal data, the form of which is provided by the Healthcare Entity prior to the receipt of medical services.

1.3 By signing the Informed Voluntary Consent for the Provision of Medical Services, the Patient confirms that they have read, understood, and fully agree with the contents of this Agreement.

1.4 A mandatory precondition for the provision of medical services is the Patient’s Consent to the collection and processing of personal medical data, which the Patient provides by signing the respective form presented by the Healthcare Entity prior to the receipt of medical services.

1.5 This Agreement is concluded for an indefinite period.

1.6 The provision of medical services to minors shall be carried out only in the presence of their legal representatives or other authorized persons acting on the basis of a duly notarized power of attorney.

1.7 Admission of a Patient without prior appointment is possible only by agreement with the reception (registry). All conversations with call-center operators are recorded.

1.8 The Patient acknowledges that the medical treatment provided by the Healthcare Entity cannot guarantee a specific outcome, since various complications may occur during or after treatment, both in the short and long term. The Patient also acknowledges that medical technologies used cannot completely eliminate the risk of side effects or complications due to individual biological characteristics.

1.9 Upon application for medical services, the Patient confirms and warrants that they:

• possess complete and accurate information required for the conclusion of this Agreement and consent to receive medical services;
• confirm their legal capacity and competence;
• confirm the accuracy of their personal data and bear full responsibility for its correctness;
• are aware of the age requirements (minimum age of 18 years);
• are informed of the possibility of receiving free medical care under GVFMC and CSHI programs;
• are aware that failure to follow medical recommendations may adversely affect their health.

1.10 Within the framework of GVFMC and CSHI, the Healthcare Entity shall: provide medical care (pre-medical, qualified, specialized, day-patient, rehabilitation, and palliative) in accordance with the laws of the Republic of Kazakhstan; ensure timely prescription of medication therapy.

1.11 The Patient shall follow the recommendations of medical specialists, including taking prescribed medications and using medical devices as instructed.

1.12 The relationship between the Healthcare Entity and the Patient shall be governed by the legislation of the Republic of Kazakhstan and this Agreement.

1.13 The Patient consents to the processing of their personal data and medical records within healthcare information systems.

2. Terms and Procedure for the Provision of Services

2.1 Medical services shall be provided in accordance with the Healthcare Entity’s professional profile and its valid state license.

2.2 Services shall be rendered by prior appointment made through: the official website of the Healthcare Entity: https://hemcenter.kz/; the call-center at +7 777 079 3165; or in person at the reception desk of the medical division or branches of the Healthcare Entity at the following addresses:

• Republic of Kazakhstan, Astana, 4B Kenesary St., Tel: +7 771 900 08 64, +7 777 532 6515
• Karaganda, 17 S. Seifullin Ave., 2nd floor, Tel: +7 747 095 5650
• Ust-Kamenogorsk, 5 Serikbayev St., Bldg. 1, 2nd floor, Tel: +7 747 095 5650

The Healthcare Entity also provides services under this Agreement in other medical organizations having appropriate contracts (including co-execution agreements) with the Healthcare Entity for the provision of medical care within the GVFMC and CSHI frameworks.

2.3 The Healthcare Entity shall provide services under this Agreement during working days and hours established by its administration and communicated to the Patient.

2.4 Within the GVFMC and CSHI frameworks, the Healthcare Entity shall provide medical services to the Patient in accordance with the legislation of the Republic of Kazakhstan.

2.5 During scheduled hospitalization, the Patient shall be examined by a physician no later than 30 minutes after admission.

2.6 During emergency admission, the Patient shall be examined immediately upon arrival.

2.7 The Healthcare Entity ensures 24-hour medical supervision, all necessary diagnostic tests and treatment, including on weekends and public holidays.

2.8 The Healthcare Entity guarantees the Patient’s rights to receive free medicines and medical supplies at the inpatient level, as well as to be treated with dignity and respect for their cultural and personal values during the process of obtaining such medical assistance.

3. Rights and Obligations of the Parties

3.1. The Healthcare Entity shall:

• ensure compliance with the Code of Ethics for Medical and Pharmaceutical Workers of the Republic of Kazakhstan, approved by Order No. ҚР ДСМ-319/2020 of the Ministry of Health dated December 23, 2020;
• provide medical services under this Agreement in a timely and proper manner, ensuring the delivery of healthcare in accordance with the Entity’s license, certificates, and applicable legislation of the Republic of Kazakhstan;
• use methods of prevention, diagnosis, treatment, medical technologies, medicines, immunobiological preparations, and disinfectants approved for use under the legislation of the Republic of Kazakhstan;
• provide the Patient, in a clear and accessible form, with information including:
• internal rules and procedures of the healthcare facility;
• brief details about the types and methods of treatment, dosages, frequency, duration and procedures for taking prescribed medicines, possible consequences and side effects, and recommendations for medicine storage at home;
• names, qualifications, and certifications of healthcare professionals who will provide medical services;
• provide emergency medical care in cases where the Patient presents with urgent conditions (e.g., fever, hypertension, or other emergencies), including calling an ambulance if necessary;
• create appropriate conditions for Patients, including:
• clearly marked premises and signage, internal navigation system (where possible), availability of drinking water, and hygienically equipped restrooms;
• provide adequate inpatient conditions, including proper care, nutrition, drinking water, bedding, tableware, and appropriately equipped sanitary facilities;
• display informational materials such as posters or boards describing patients’ rights and available diagnostic and therapeutic services;
• ensure coordination and continuity of care with other healthcare organizations;
• issue to the Patient test results, certificates, sick leave sheets, and extracts from outpatient or inpatient medical records as prescribed by law;
• fulfill its obligations to provide medical services using its own specialists and/or personnel of other medical organizations having contractual relationships with the Healthcare Entity;
• determine the duration of treatment, dosage regimen, and use of medical devices according to the Patient’s medical condition;
• monitor and control the Patient’s adherence to diagnostic, treatment, and rehabilitation plans, as well as medication compliance;
• discharge the Patient in cases of gross violations of medical prescriptions and recommendations (e.g., non-compliance with treatment regimen, unauthorized departure from inpatient facility, alcohol or drug intoxication, abusive behavior toward medical staff or other patients, etc.);
• refer or transfer the Patient to other medical organizations when indicated;
• provide additional paid medical services beyond the GVFMC and CSHI programs, at the expense of the Patient, organizations, voluntary health insurance systems, or other lawful sources.

3.2. The Patient shall have the right to:

• choose or replace their attending physician or healthcare organization;
• receive qualified and specialized medical care from the moment of admission;
• obtain accessible information about:
• their state of health, including examination results;
• the presence of disease, diagnosis, and prognosis;
• treatment methods and associated risks;
• possible alternatives and consequences of medical interventions;
• results of treatment performed;
• give informed written consent for invasive procedures, transfusions, and the processing of personal data;
• be informed of their rights and obligations, the scope and cost of chargeable services, and procedures for obtaining them;
• obtain additional medical services beyond the GVFMC and CSHI programs at their own expense or through other lawful sources;
• be treated with dignity and respect for their cultural and personal values during diagnosis, treatment, and provision of free medicines and medical supplies;
• receive detailed information about prescribed medicines;
• receive pain relief to the extent permitted by current medical technologies and request a medical consultation or board review;
• claim compensation for harm caused by improper prescription or use of medicines, medical devices, or equipment in accordance with the laws of the Republic of Kazakhstan;
• receive medical care based solely on medical criteria, without discrimination;
• be informed of the full name and professional status of those providing medical services;
• receive an explanation of the reasons for discharge, transfer, or refusal of medical care;
• refuse medical treatment in the prescribed form, with written confirmation to be included in the medical record;
• receive documents certifying temporary disability (sick leave certificate or note) during illness;
• in case of poor-quality medical services or drug provision, the Patient may:
• contact the Internal Control (Patient Support) Service of the Healthcare Entity;
• involve independent or public experts for an external review;
• submit a complaint to the Territorial Department of the Committee for Medical and Pharmaceutical Control of the Ministry of Health of the Republic of Kazakhstan;
• appeal against actions or omissions of medical staff to higher authorities or in court;

3.3. The Patient shall:

• take measures to preserve and improve their health, including maintaining a healthy lifestyle and refraining from harmful habits;
• follow the diet, physical activity regimen, rest schedule, and visitation frequency recommended by the doctor;
• strictly comply with all medical prescriptions and treatment regimens to ensure treatment effectiveness;
• inform the physician before treatment of any past diseases, allergic reactions, previous treatments, or other relevant medical information;
• promptly notify medical personnel of:
  • any changes in health status during diagnosis or treatment;
  • intolerance or allergic reactions to any medicines;
  • alcohol abuse, smoking, or drug use;
  • other medications being taken;
  • conditions of medicine storage at home and expiration dates;
• comply with the terms of this Agreement, follow all recommendations and prescriptions, and inform the Healthcare Entity of any circumstances preventing compliance;
• refrain from actions that violate the rights of other patients;
• show respect and tact in interactions with medical personnel;
• observe internal regulations and treat the property of the Healthcare Entity with care;
• cooperate with medical personnel in the process of receiving healthcare;
• present an identity document or that of a legal representative upon admission.

4. Confidentiality

4.1 The Healthcare Entity shall maintain the confidentiality of all information concerning the Patient’s request for medical assistance, health status, diagnosis, and any other data obtained during examination and treatment (medical secrecy).

4.2 Disclosure of medical secrecy to third parties, including officials, shall be permitted only with the Patient’s or legal representative’s written consent, in the interest of the Patient’s examination and treatment.

4.3 The Healthcare Entity guarantees that the collection and processing of the Patient’s personal data are carried out in compliance with the principles of confidentiality and data protection as required by the legislation of the Republic of Kazakhstan.

4.4 Disclosure of medical secrecy without the Patient’s or legal representative’s consent shall be permitted only for the purpose of treating a Patient who is unable to express their will due to their condition, or in other cases provided by law.

5. Dispute Resolution

5.1 Any disputes or disagreements arising under this Agreement shall be resolved through pre-trial (claim-based) settlement. The Party receiving a written claim shall respond within 10 business days of receipt.

5.2 If no agreement is reached, disputes shall be resolved in accordance with the legislation of the Republic of Kazakhstan.

6. Term and Termination of the Agreement

6.1 This Public Offer Agreement is executed in the state (Kazakh) and Russian languages. It shall enter into force upon the Patient’s signing of the Informed Voluntary Consent for the Provision of Medical Services, which constitutes the Patient’s full and unconditional acceptance (acceptance) of the terms and conditions of this Agreement. The Agreement shall remain in effect until its termination.

6.2 This Agreement shall be deemed terminated in the following cases:

• upon the liquidation of the Healthcare Entity;
• upon the death of the Patient;
• by mutual written consent of the Parties (detachment/discharge);
• upon the revocation or loss by the Healthcare Entity of its license to perform medical activities.

7. Miscellaneous Provisions

7.1 For all matters not expressly covered by this Agreement, the Parties shall be governed by the legislation of the Republic of Kazakhstan.

8. Annex

8.1 Annex No. 1 — Informed Voluntary Consent for the Provision of Medical Services, including Inpatient Treatment, and for the Processing of Personal Data.

9. Details of the Parties

9.1. Patient Details: Shall be deemed to include the information indicated in the referral issued by the attending physician and provided by the Patient in accordance with paragraph 3.2 of this Agreement.

9.2. Healthcare Entity:

Limited Liability Partnership “Center of Hematology”

Republic of Kazakhstan, Astana, Saryarka District, 4B Kenesary Street, Unit 3

BIN: 151040023516

E-mail: info@hemcenter.kz