Monopol: Rift Minister Latifi does not give up expensive insulin

The Health Ministry (MSH) has already decided to continue the monopoly on supplies with expensive Insulin, thereby eventually eliminating the renowned American Insulin producer “Eli Lily” from the race.

In the 7 million tender announced in 2020, which has not yet received an epilogue, due to the failure of the Procureing Organisation (OSHP), but O'S surveillance expert. The EPS has recommended that the tender in question be turned into re-evaluation, thus adopting the complaint company “Pharma Leader”, which was about 400 thousand euros cheaper than other companies' bids that have been in the race.

In this tender respectively, demand on technical, or professional opportunities, score 9.1 and 9.2, more precisely point 2 for companies wanting to apply in this procurement process are required to have: “Autoriism for Marketing in Kosovo with the required specification of the product, if there are no recorded parallels in Kosovo, it is valid 02/2014 Administrative Guide and to testify to the copy of the certificate of Marking in an EU country (as evidence the product circulates in the EU).

But in this year's new tender announced on March 22nd, worth about 2.8m euros, the MSH Procurement Office has removed from the 02/2014 Administrative Guide file and for evidence ʹ the copy of the Certificate of Marketing in an EU country, reports “Front Online”.

Removing administrative instruction as the criterion of the tender file is considered a harmful process that could lead to expensive Insulin supply. Such an act even conflicts with legislation in power.

The Law on Products and Medical Equipment Article 16, points out, respectively, that Health Minister regulates simplifying procedures for registration and import of medical products and equipment that do not have parallels authorised in the Republic of Kosovo in a sub-law act in accordance with this law.

Likewise, civil society representatives, until on the other official side of the Ministry of Health, continue to insist on protecting legitimacy, until the same in the preliminary tender sets other criteria, until the latest tender on other criteria.

 “Front Online” It has also been contacted by representatives of the company “Pharma Leader”, who are denied participation in this procurement process, as the MSH Procurement Office is not implementing the administrative laws and guidelines that are in place.

This is a scandal in our case. The administrative guidance 02/2014 has been implemented several times and the same, also has been the criterion of many tender files, but in the last case, more precisely in the tender for supply with the Procuration Office has removed it deliberately by trying to prevent us from participating in this procurement process with the renowned American producer” says in the company's response “Pharma Leader<x>.

According to them, legal interpretations are being conducted according to the will of the Health Ministry's Procuration Office officials. Furthermore, representatives of this company have indicated that international institutions have announced the scandal, but also the most important institutions in the country.

Using different criteria can have a favorable effect

Diana Metushi from the KDI Institute says that given that Kosovo is an extremely small and not attractive market for suppliers/gharmacotics, as well as given that Law No. 04/L -190 P THREE AND PISE MEDIINAL envisions up to 210 days of equipment with Marketing authorisation, while a procurement procedure is open 20-40 days in the case of non-compliance products, the same law provides relief procedures that are arranged with administrative guidelines.

According to her, the Administrative Guide 02/2014 in addition to helping save monopolies, increasing competition also affects lower prices, as evidenced in the past, regulates the liter deadlines, and increases the possibility of public savings and meeting other supply needs in support of public health.

“Let's not forget that in Kosovo still a very large portion of the drugs are missing from public entities, and although legally the government should secure them, they are still covered by patients. So every saving cent can be used to ease citizen financial burdens and provide health services in line with legal requirements. Given that the tender base is the same, tenders in question would have to have the same criteria, especially since there was no preliminary complaint in the legality of the UA 02/2014 which is still in force, with the goal of creating supply opportunities and saving public money”, Metushi said.

According to her, the use of different criteria for similar procurements is unfortunately a highly expressed phenomenon in Kosovo, which in many cases may have a favourable impact on certain suppliers, and this not only on the health field.

Furthermore, Diana Metushi from KDI says that any breaking of monopoly has been a joy and achievement for the citizen of Kosovo since it has resulted in rational exploitation of money than the Kosovo payers.

In the question of whether through changing the NSH criteria she's trying to save the monopoly she didn't want to comment directly.

I cannot comment whether the MSH wants to save or restore the monopoly, but I can recommend that the MSH, except the UA in power, engage in additional mechanisms to facilitate business participation in the public market, always providing tools for quality management” has further said Metushi.

 Patients can still be without Insulin

As a result of procuring the preliminary process in the Procuring Organization, many patients during the following year had been forced to buy Insulates themselves, since the same had been missing from public institutions in the country.

And that could happen this year because of complaints that economic operators have faced this procurement process. “

This whole situation has been developed by the Health Ministry Procurement Office, where the same people set different criteria for same procurement processes. What's happening is a real scandal.

The prosecution should deal with this opportunity to save citizens, but also save the state budget” say portal sources “Front”.

MSH doesn't show why it changed the tender file criteria

Kosovo media, has asked the Health Ministry for more detailed information on why it has come to changing the tender file criteria compared to that of 2020, where the criteria have been administrative instruction 02/2014. But despite direct questions, this answer has not been given at all.

“related to your questions and the question in question, (if in tender procedures should apply to initial criteria or criteria defined by Law No. 04/L-190 for Products and Medical Equipment, the Health Ministry has asked for legal opinion by legal experts, to address the issue of criteria that the MSH-led drugs should have Marketing authorisation or should be allowed alternative purchases under the Administrative Guide ( 02/2014 for simplification and registration of the import of medical products which do not have parallels recorded in the Republic of Kosovo and opinion by legal experts is: All drugs that are broken off in the Kosovo market should have Marketing Authority (if they do not submit to one of the legal exceptions), so the terms of the tender file in principle are in the function of implementing the Law on Products and Medicines. Marketing's unannounced vessels are allowed to be sold and cracked into the market exclusively if they don't have registered parallals in the market, but for specific cases and those of physical persons who rule out demand based on a doctor's prescription and diagnosis designated by a medical center, in cases where the product described by the doctor does not have Marking Authority in Kosovo” in response to the MSH media office.

The 7 million tender flow which is being “flin” on OSHP

On December 14, 2020, three companies had applied the cases. Company “The PHARMA LEADER” for the tear I had applied at the price of 1,097,467,36, for tear II, has not applied at all, as long as it applied at the price of 4,109,006,12. Company “LEGO” in this tear procurement process I applied at the price of 1,165,730,88, for tear II at 876,782.40, and for tear III at the price of 4,579,144,12. Until the next economic operator “M I had applied at the price of 1,144,726,72, for Tear II applied at the price of 913,315, as long as it applied at the price of 4,456,908,24. Based on the tender opening process, it is seen that the company “P HARMA LEADER”, which in our country brings the insulin of the American manufacturer “Eli Lily”, had offered at the price of about 400 thousand euros cheaper than the other operators that have been in the race, but the Ministry's procurement recommended the most expensive operator, “Meditch”. /Full text in Front/