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The president returned to the parliament the amendments to the law for the reform of health
President Klaus Iohannis sent to the Parliament on Friday for re-examination the law regarding the approval of the emergency ordnance of the government no.79/2016 for the amendment and completion of law no.95/2006 regarding the reform in the health system.
‘The consequences which are generated under the criterion of integrity and quality of the managerial act in the health system demand the analysis by the parliament of all these legislative interventions so much as the Senate (which rejected OUG no.79/2016) and the Deputies’ Chamber (who approved with amendments OUG no.79/2016) expressed during the debates in the parliament different approaches which materialised through the adoption of substantially different forms as regards the norm contents of the law under approval’ the request says.
Moreover, the law under approval brings the compatibility between the position of manager and the activities developed at the request of central authorities or local authorities. In the absence of legal instructions which would clarify the nature of the requested activities such as the type of public authority and the domain where they operate, the text is unclear, generating judicial uncertainty and subjective implementation.
‘Similarly, through article p.7 and 12 the provisions of law no.95/2006 regarding the conflict of interests are annulled for the managers of ambulance services, namely of public hospitals. When referring to the effects of these annulments, we consider that they have as consequence the worsening of the quality of the Romanian health system, being against the interest of the patients.
Practically, by the annulment of the conflict of interests for the managers already mentioned from OUG no79/2016, the only text which regulated the conflict of interests for this category of personnel is annulled. In this sense, we observe the fact that by the joint analysis of law no.16/2003 and law.no.176/2010, of OUG no.79/2016 and the law under approval the result is that the possibility that the managers who ensure the leadership of the county ambulance and the Bucuresti-Ilfov Ambulance Service as well as of public hospitals cannot be sanctioned for conflict of interests.
The fact that by law no.176/2010 the obligation is kept of wealth statements and interest statements which must be presented by people with leadership positions and control positions in education institutions and public health system, this does not mean that in the absence of a law text, the possibility to sanction this category of personnel for conflict of interests. Moreover, by comparison to the notion of public servant in the sense of the criminal law, the notion of public servant in law no.161/2003 is more restricted, by referring to the people who have a public position, whose statute is regulated by law no.188/1999 as well as by other special laws’ the request says.
The request also says that ‘ art.14 in the law, line 7 of art.185 says that’ in clinical hospitals, the position of medical manager, research manager, head of medical department, head of medical compartment, head of laboratory, had of medical service and head of medical office is occupied by a university professor nominated as a result of a competition or examination organised by the senate of the medical education institution’. Taking into consideration the fact that clinical hospitals operate under the auspices of the ministry of health (which approves the functional structure, the payments and the budget of the clinical hospital by its financial attributes) or is under the auspices of the local public authorities, the organisation of the competition for the leadership positions by another authority (the senate of the medical education institution) which is subordinate to the ministry of education (without financial attributes or the approval of the structure of the public hospital/clinical hospital) is non-functional.At the same time, there is no certainty that at the level of the medical schools can be guaranteed that a sufficient number of professors could be found to ensure the operation of competitions and examinations for the medical leadership positions in existing hospitals at national level’.