This study is divided in three parts which intend to meet the following targets: Primarily to provide theoretical approaches toward the concept of equality in the healthcare. In the theoretical treatment of the concept of equality in health care the authors are cautious while making the difference between equality and justice; between equality in levels of health or health care and equity in financing etc. Secondly target it to assess the concept implemented in our legislation and make an overall assessment of whether this legal framework is comprehensive and convenient for the realization of the right to health care enshrined in the Constitution. The Albanian legislation stipulates that health care in the Republic of Albania is guided by very important principles. These principles embody the Constitution predictions from the formal point of view, primarily when declaring the right to health care as a key right of the individual, as well as when guaranteeing the equal rights based on non-discrimination. Thirdly to determine some of the specific areas of the legislation, which have to be improved and completed. After the analysis make in this paper, we found the need for some theoretical and practical improvements, which are reflected in the conclusions.