Health Ministry indictments called for abolishing 3 euro fee for patients' associates

Kosovo's Institute for Justice has handed over indictments to the Supreme Court of the Republic of Kosovo on Thursday, through which it has called for abolishing certain Administrative Guidance provisions No. 03,2024 Co-paid for Health Services.

The indictment specifically disputes the 4th point of Addix 3 and 5th point of this Administrative Entrance, which envisions the obligation to pay 3 euros per day for hospital stay for the patient's accompanying person over the age of 15.

The indictment reportedly considers these provisions illegal, as through an act of sublaw a new tax category that finds no basis in the Law on Health. According to this law, co - paying is directly related to the exploitation of a health service by the patient. While the accompanying person is not a beneficiary of any medical service, he is not subject to treatment, diagnosis or clinical procedures, and as a result, he cannot be considered “users of health services” in the sense of law.

Specifically, the IKD in the indictment, among other things, points out that “in the absence of a clear provision in the law that recognises the escort's position as “health service”, the ministry has no legal basis to qualify it as an object of co-paid through a sublaw. As a result, the plaintiff considers that the 4th point of Addix 3 and 5th article of Administrative Guide Administrative Guide to this indictment are illegal, because the wording at these points exceeds the authorisation given by the law, extending the concept of “Health Service” beyond what is specifically defined by the Law on Sanitation.

In this direction, the plaintiff considers that a sublegal act cannot create new categories of tax that are not based on primary law, especially when they influence the exercise of citizens' fundamental rights. In this case, material bases are also lacking to view the guide's attitude as a service, and also the necessary judicial connection between the fee and a health event offered by the public institution to that person. ”

Moreover, The IKD also mentioned in the indictment the public response of the Kosovo Clinical and University Hospital Service (SHSKUK) through which the latter has clarified that this payment is not applied to the patient, but is related to the exploitation of areas and hospital resources by persons who are not patients.

In that sense, The IKD considers that the ministry has exceeded its competencies, extending through the legal act the concept of “health service” beyond what is clearly defined in primary law.

The IKD has filed this indictment in the quality of the defender of broad public interest, in line with the Law on Administrative Conflicts. In the indictment, The IKD has estimated that the 3-euro daily fee for escorts violates citizens' rights and creates additional financial burdens for families, especially in a health system where the escort's presence is often a real necessity, since, reportedly in the indictment, in the current practice, family attitude beyond visiting hours is not a free choice but a real need to provide basic support to patients. /Periscopi/