Is the hospital responsible for providing basic hygiene products like sanitary pads and tampons? There is an answer from the Ministry of Health

He points out that menstruation is a natural part of life, the importance of which in the perspective of health, including public health, is increasing over the years. This should be reflected in the public authorities' approach to this issue. And every menstruating person should have the right to be treated with dignity and feel safe during this period.

Unfortunately, the lack of sanitary pads, personal hygiene products and ignorance combined with stereotypes and stigma, push many of them into menstrual poverty. Menstruating women sometimes have limited access to hygiene products and sanitation needed during menstruation, particularly due to their more difficult living situation, but also - menstrual education.

In a letter to the MZ, the Ombudsman points out that menstruation should be qualified as a health problem with physical, psychological and social dimensions, which should be looked at from the perspective of the course of life - from the time before the first menstruation to the period after menopause.

Menstrual health requires that menstruating people have access to information and education on the subject, as well as the menstrual products they need and safe and dignified places to change and dispose of hygiene products, and competent and compassionate medical assistance and health care when needed.

The Ombudsman stresses that the demand formulated by the Ombudsman in a letter to the Minister of Finance that all hygiene items used during menstruation be subjected to the same VAT rate (5%) awaits consideration.

Menstruating people have the right to live in an environment where menstruation is seen as something positive and healthy, not something to be ashamed of.

The Ombudsman is asking the two ministries to take steps to increase the availability of hygiene products and places that guarantee the convenience of using and disposing of them in educational institutions and medical entities, as well as measures to strengthen public awareness of the menstrual process and contribute to building an educational environment that supports menstruating women.

Response from Wojciech Konieczny, Secretary of State at the Ministry of Health

The Ministry of Health wishes to inform that, in accordance with Article 6 of the Act of November 6, 2008 on Patient Rights and Patient Ombudsman (Journal of Laws of 2024, item 581), the patient has the right to health services that correspond to the requirements of current medical knowledge. In addition, health services should be provided with due diligence by medical entities in conditions that meet the requirements specified in separate regulations.

However, according to Article 15 (1) of the Law of August 27, 2004 on health care services financed from public funds (Journal of Laws of 2024, item 146), the patient, in medical entities providing services on a stationary and round-the-clock basis (including hospitals), in addition to health care services, the provider is obliged to provide accompanying services-that is, accommodation and food, and health care services in kind-that is, drugs and medical devices (aids).

The provider of such services is therefore responsible not only for the performance of necessary medical procedures, but also - especially in situations of emergency and urgent hospitalization - for providing patients with basic hygiene and nursing supplies. The hospital is obliged to provide them to the extent necessary and to the average standard generally required in relations of the type in question. Thus, unless the patient has provided himself with such items, the hospital is obliged to provide them. This also applies to disposable menstrual items, such as, for example, sanitary pads, tampons.

I would also like to inform you that in accordance with the Law of May 20, 2010 on Medical Devices (Journal of Laws 2021, item 1565), menstrual products are not medical devices, and for the time being, the benefit of supplying patients with menstrual products during a hospital stay is not envisaged.

At the same time, I would like to inform you that the Minister of Health has sent a message to health care providers who have a contract with the National Health Fund for the provision of inpatient and 24-hour health care services (in hospitals). The communiqué is intended to remind healthcare providers of the aforementioned information regarding patient rights in providing appropriate hygiene measures including menstrual measures.

Source: RPO