Society and the health of the elderly – a perspective from medical and health law

This paper delves into the healthcare provisions for the elderly, characterised by different legal sources, the intermingling of cross-sectoral issues, and, in general, the need for a special position and special protection of the elderly within society. By applying the normative, comparative, and axiological methods, we attempt to elucidate the position of the elderly, primarily focusing on care services. The paper commences by scrutinising legal regulations governing healthcare that refer to the position of the elderly. The question arises whether there is an organised service in terms of structure and personnel, and whether there are specialised institutions and communication services catering to the specific needs of the elderly. According to the type and extent of services, healthcare and eldercare necessitate special considerations and impose distinctive requirements. This includes services not only related to severe illnesses and terminal conditions but also rehabilitation, spa treatment, etc. Given that the right to healthcare derives from the right to health insurance, which can be either public or private, a dedicated section of the paper will explore the participation of private health insurance funds in providing health services to the elderly. Consequently, the aim of this research is to highlight the vulnerability of the elderly population, which necessitates legal protection facilitated through cross-sectoral cooperation.