People in homelessness crisis and the right to health care services. Ombudsman intervenes

The Ombudsman for Human Rights (Ombudsman) has taken up the case of a Polish citizen, a person in crisis of homelessness, whose health deteriorated during his stay in Germany. The man lost consciousness and underwent intensive care and surgical treatment in a Berlin hospital. Due to the language barrier, he was unable to receive adequate treatment in Germany. Further specialized treatment, including neurological treatment, neurological rehabilitation and presumably psychiatric treatment, which can only take place in Poland, is necessary to save his health, possibly also to preserve his life. The patient - through his neurosurgeon - has requested a decision confirming his right to health care services, in accordance with Article 54 of the Law on Health Care Services Financed from Public Funds.

The mayor denied him the right to health care benefits in Poland, prompting the RPO to appeal to the Local Government Appeals Board (SKO).

The RPO argued that the applicant has no residence in Germany or German health insurance, which means that the Mayor's decision was unjustified. The authority did not take into account evidence of the applicant's permanent residence in Poland and his difficult living situation. The SKO agreed with the RPO's position, overturned the Mayor's decision and confirmed the applicant's right to publicly funded health benefits for 90 days from June 16, 2024. The decision took into account the constitutional right to health care and human dignity.

On July 25, 2024, the Local Government Board of Appeals revoked the appealed decision in its entirety and confirmed the applicant's right to publicly funded health care benefits from June 16, 2024 for a period of 90 days. The decision is final.

Source: RPO