Supreme Court abolishs 3-euro payment for hospital patients' escorts

The court ruled after the indictment handed down by the Kosovo Institute for Justice (IKD) against the Ministry of Health.

The Supreme Court has declared it illegal and abolished Article 4 of appendix 3 and 5 of the Entrance 4 of Administrative Guide No. 03,2024 Co-paid for Health Services.

The IKD has filed indictments at the Supreme Court of Kosovo, countering the legality of the above provisions through which the payment of 3 euros was determined every day for hospital stay for the patient's accompanying person over the age of 15.

In her reasoning, the plaintiff had stressed that the Law No.04/L-125 for Health defines co-paid as a financial means paid for health care services by those who exploit them, while the accompanying person cannot be considered users of health services because he is not subject to medical treatment and does not benefit diagnostic, therapeutic or rehabilitation services.

The Supreme Court, following the administration of evidence and review of constitutional and legal provisions, has estimated that contested provisions do not have sufficient legal grounds and that the notion of “co-paid has been illegally expanded through them.

In the act, the Supreme Court stresses that co-paid can be imposed only on those who are direct beneficiaries of a health service. According to the Court's assessment, the accompanying person does not meet this criterion, since his presence in the health institution is related to the patient's support rather than to receiving health services.

The Supreme Court has also estimated that the Ministry of Health, through Administrative Guide No. 03,2024, has exceeded the legal authorisation granted by the Law on Health, creating a new financial obligation without clear legal basis, contrary to the principle of legality.

“Theness of associated persons violates citizens' rights to equal and effective access to health care, especially given the actual practice in public health institutions, where the presence of family often presents a real need for patient support during hospitalisation. The Supreme Court has found that sublegal acts should be in accordance with the law and cannot create new categories of taxing or financial obligations that are not pre-lawed by”, the Supreme Court's announcement said.