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A resident of Almaty has reported being asked to pay the full amount upfront for a doctor's appointment at a private clinic, sparking concerns about the legality of such demands and how to recover funds if a clinic refuses a refund.

The Rationale Behind Upfront Payments

The reader who contacted the editorial office explained that a private clinic requested a 100% advance payment for a consultation. The clinic justified this policy by stating that the doctor only sees patients once a week. They argued that if a patient cancels at the last minute, it deprives other patients of the opportunity to see the specialist. The clinic suggested that a full upfront payment would make patients think twice before canceling for non-essential reasons.

While the clinic promised a full refund if the patient could not make the appointment, specific details regarding this were not provided.

Is a 100% Upfront Payment Legal?

According to Svetlana Romanovskaya, Chairperson of the Board of the Kazakhstan Consumers' League, private medical centers, as businesses, can set their own terms, especially for highly sought-after specialists whose appointments are booked months in advance.

"Typically, a clinic's website will post an offer agreement detailing the terms of service, including payment conditions. If a person signs it, they agree. This condition might apply to a specific specialist, not all doctors," she added.

However, Romanovskaya emphasized that a company cannot legally demand 100% upfront payment for a service that has not yet been rendered. She stated that even if a clinic informs patients about such terms beforehand, it does not override legal requirements, specifically Article 8-1 of the Law "On Protection of Consumer Rights," which governs such situations.

"Any company can only request a maximum of 30 percent of the service cost as an advance payment. While a clinic might promise a refund, this practice violates consumer rights," Romanovskaya clarified.

She also raised concerns about the discrepancy between the services rendered and promises made. "If a medical institution takes a 100% upfront payment, it's usually stipulated that it won't be refunded if the person doesn't show up for the appointment. There's a contradiction here between the action taken and the promise made," she noted.

Refunds and Deductions: What Are the Rules?

Companies are permitted to retain only 30% of the service cost, provided they can substantiate the expenses incurred. Consumers have the right to request these justifications. If no valid reasons are provided, they can demand a full refund, citing Article 8-1 of the Law "On Protection of Consumer Rights."

Even if a patient cancels an appointment just 20 minutes before the scheduled time, they are entitled to a refund of at least 70% of the cost, according to the expert.

If an organization, in this case, a clinic, refuses to issue a refund, individuals can file a complaint with the city's Department of Trade and Consumer Rights Protection, contact the Consumers' League, or initiate legal action themselves.

What Evidence Should Be Retained?

Svetlana Romanovskaya advises against relying solely on verbal agreements with clinic administrators. To build a case for legal proceedings, she recommends preserving the following evidence:

Romanovskaya stressed that the phone number used for communication should belong to the clinic itself, or to the legal entity or individual entrepreneur to whom the patient is transferring funds. She warned that if a patient pays a private manager and that employee is later dismissed, it becomes significantly harder to establish a link between the payment and the clinic.

"It is best to deal with a legal entity, as they have a greater capacity to compensate for material and moral damages," she shared. She also noted that correspondence and screenshots can be further notarized if necessary.

Previously, it was reported that Kazakhstan plans to develop an AI-based system to reduce doctor queues by automating the filling of initial consultation cards and other medical documentation.

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