I have a PESEL number, but the medical facility, in order to provide me with free medical services, looks for a border stamp in my passport. How can I prove that I am subject to the protection of the special act?

The special act grants the right to medical care to citizens of Ukraine whose stay in the territory of the Republic of Poland is considered legal pursuant to Art. 2 clause 1 of the special act – this provision refers to Ukrainian citizens who legally entered the territory of the Republic of Poland in the period from February 24, 2022 and declare their intention to stay on the territory of the Republic of Poland. One of the methods of verifying whether a citizen of Ukraine meets the conditions for the protection provided for in the special act is to check the date of his entry into the territory of the Republic of Poland, i.e. the date indicated in the stamp confirming entry into the territory of the Republic of Poland, stamped in the foreigner’s passport. In the absence of such a stamp, other verification methods should be sought.

According to the announcement of the National Health Fund, the entitlement to medical services for persons entitled under the special act is verified on the basis of, i.e., a special PESEL number issued to citizens of Ukraine.

Confirmation that the foreigner has been granted PESEL under the special act, i.e. by granting a special status under the “UKR” record, is sufficient to recognize that the foreigner is entitled to benefits provided for in the special act, including the right to medical care. This is due to the fact that the PESEL number under the special act is only given to citizens of Ukraine whose stay in the territory of the Republic of Poland is considered legal pursuant to Article 2 clause 1 of the special act, i.e. the same to which the special act gives the right to medical care. Details can be found on the NFZ website, in particular in the announcement Number 2: https://www.nfz.gov.pl/aktualnosci/aktualnosci-centrali/pomoc-dla-obywateli-ukrainy-zagwarantowana-w-specustawie-o-czym-musza-wiedziec-swiadczeniodawcy,8157.html .

This is also confirmed, inter alia, by Office of the Capital City of Warsaw on the website: https://warszawa19115.pl/-/legalizacja-pobytu-w-polsce-dla-obywateli-ukrainy : Citizens of Ukraine who previously had a PESEL number, and are subject to the definition of a special act, must also re-apply for a PESEL under the special act. This will make it possible to grant a special status to a foreigner with the record “UKR”, thanks to which such a person will be taken into account by institutions that provide benefits under the special act.

This means that healthcare services should be provided to people who have a PESEL number assigned under the special act. The special act itself does not make the right to medical care in Poland conditional on a foreigner having a stamp in his passport confirming the date of his entry into the territory of the Republic of Poland. In order to clarify this matter, it is recommended to contact the management of the medical facility that refused healthcare services, and, if necessary, with the Patient’s Rights Ombudsman and the National Health Fund, reporting the situation.