The court noted the differences in social security and healthcare systems.
The Grand Chamber of the Eurasian Economic Court (EAEU) concluded that the member countries, including Russia, are not obligated to automatically issue compulsory health insurance (CHI) policies for the families of labor migrants. This clarification is contained in the court's decision, as reported by "Vedomosti".
According to the court, the Treaty on the Establishment of the EAEU clearly distinguishes between social security and the right to receive medical services, treating them as separate categories. The right to medical assistance for workers and their families is specified in a special provision – paragraph 4 of Article 98 of the treaty, as well as in Annex No. 30, which is dedicated to medical assistance.
The court indicated that these special provisions define the conditions, scope, and procedure for providing medical assistance. They do not mention the automatic application of compulsory health insurance systems for the family members of workers unless otherwise provided by national laws or international agreements of the member states.
In a separate opinion from one of the judges, it was noted that this position is explained by the differences in social security and health insurance models among EAEU countries. Compulsory health insurance in these states has different legal foundations – from the budget-insurance model in Russia to mixed systems or even the complete absence of such in some countries. The regulation of these mechanisms remains the responsibility of each state.
Nevertheless, emergency medical assistance is guaranteed to all family members of labor migrants who are on the territory of the union countries. The judge added that CHI funds can be used to reimburse expenses for medical services provided to insured individuals; however, this does not imply automatic receipt of policies.
On January 27, Kyrgyzstan submitted a request to the EAEU Court for clarification of the conditions of the EAEU Treaty, stating that Russia is not fulfilling the agreement regarding labor migrants. A representative of Kyrgyzstan noted that the existing agreement implies access for the family members of labor migrants to compulsory health insurance.
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