The RA Administrative Court Recognized the Regulations of the 2 Decrees of the RA Minister of Healthcare Dated 2020 Defining the Oversight for the patients with COVID-19, Provision of Medical Assistance and Services Respectively Annul and Illegal

The RA Administrative Court recognized the regulations of the 2 decrees adopted by the RA Minister of Healthcare defining the oversight over the patients with COVID-19 disease, provision of medical assistance and medical services respectively anul.

On January 4 of 2022, the RA Administrative Court adopted a decision to partially satisfy the application of Arusyak Hayrapetyan against the RA Ministry of Healthcare.

By the decree of the Court, the points 5 and 6 respectively of the decree N 1239, dated 10.04.2020 of the RA Minister of Healthcare (supplemented by decree N 1638-A) on confirming the measures of carrying out the selection process of the COVID-19 patients according to the level of severity, the oversight of the COVID-19 patients, the list of medical companies providing medical support and services were recognized annul by the court, as well points 1 and 2 respectively of the RA Minister of Healthcare decree number 1606-A on organizing the provision of medical support and serviced to the patients with COVID-19 under outpatient conditions were recognized illegal.

By applying to Court, A. Hayrapteyan stated, that by the edition of June 16 of 2020 made to the  RA Minister of Healthcare Decree Number 1239-Ա of, dated 10.04.2020, the points 5 and 6 did not allow hospitalization of the patients, in case the latter had blood oxygen saturation Sp02≤93%, respiratory rate> 22 / min, blood oxygen saturation Sp02≤93%,  instead, the latter were taken to urban polyclinic, where proper medical support was not provided.

As a result, her father, being tested positive for the Covid-19 did not get proper medical support and accordingly the latter died.

Moreover, the Applicant stated, that according to another order confirmed by the RA Minister of Healthcare decree number 1606 dated 21.05.2020, the provisions 1 and 2, enacted as of June 16 of 2020, did not define a concrete deadline for Covid-19 testing in case of detecting a suspicious case of Covid-19 disease. As a result, the father of the Applicant was tested for Covid-19 only on June 19 of 2020 under the conditions, when the ambulance call was made on June 16 and the patient was hospitalized on June 23, which led to irreversible consequences.

The Court recorded that the disputable legal acts were evaluated by the respondent as independent acts, therefore the disputed provisions cannot be adopted and be put in action in a line with the order prescribed by the RA legislation for the sub-legislative normative acts.

The Court also recorded that the order defining the examination of the draft normative legal acts and their official publication order respectively before adoption, which is obligatory for the legal enforcement of the relevant legislative normative act in line with Article 23 of the RA Law on “Normative Legal Acts” were violated.

As for the objections presented by the Respondent, that the disputed decrees were not adopted by the defined procedure taking into account their urgency, the Court concluded that the latter are groundless.

The Court then mentioned that its objective was to clarify the legal outcomes for the failure to adopt the disputed decrees and for the failure of their application in a line with the procedures defined for the normative legal acts.

The Court detected, that disputable provisions of Decree N 1239-A defined strict hospitalization requirements for the patients, to which the father of the applicant did not meet, and covid testing of the mentioned patient was carried out in a line with the order defined by the RA Minister of Healthcare Decree number 1606-Ա, which did not define a deadline for examination, as a result of which the father of A. Hayrapetyan was not hospitalized in the outcomes of the application of those norms. Conditioned by the above mentioned, the Court detected that the disputable regulations related to the legal interests of the applicant.

As for the justification of the regulations, the Court recorded that, since the disputed provisions were not adopted and entered into force in a line with the law, the issue of its justification becomes meaningless.

According to the decision of the Court, the above mentioned decrees adopted by the RA Minister of Healthcare defined such conditions and order, which created a number of obstacles for the treatment and provision of medical service to the patients with Covid-19 disease leading to irreversible consequences, as in the given case.

The lawyers of the Protection of Rights without Borders NGO represented the interests of Arusyak Hayrapetyan at the RA Administrative Court.