SYRIZA and PASOK filed an objection of unconstitutionality on article 65 of the psychiatric reform bill which provides for the possibility of strengthening public structures of the NHS by invoking the services of private doctors and providers to address needs that may endanger public health.
The article also specifies the sanctions in the event that private doctors refuse to support the NHS in such cases of risk to public health, i.e. termination of their contract with EOPYY and prohibition of their access to the Electronic Prescribing System. He stated that the objection of unconstitutionality is also supported by the New Left
“The sanctions provided for by the bill in the event that private doctors refuse, as they have a constitutional right to do, the invitation to participate in emergency calls ultimately do not affect the doctors but the patients and especially the vulnerable social groups and the lower income strata,” he said the SYRIZA rapporteur Andreas Panagiotopoulos and called on the government to withdraw the said article, because “it is absurd, it is unconstitutional, it is beyond all medical ethics, it insults the scientific world of the country”.
SYRIZA’s parliamentary representative Dionysis Kalamatianos said that his party is filing an objection of unconstitutionality for article 65 of the bill and in particular regarding the sanction it provides for doctors who are excluded from access to the electronic prescription system. The objection, as he pointed out, is also submitted in view of the recommendation of the scientific service of the Parliament.
PASOK’s parliamentary representative Dimitris Manzios said that his party is filing an objection of unconstitutionality for article 65 of the bill because the provision suffers, as politically incorrect and above all as legally incorrect and completely contrary to the spirit and letter of the Constitution on four different grounds and four provisions thereof. Mr. Mantzios informed that PASOK’s KO is submitting a request for a roll-call vote on the principle of the bill, on article 29 “Establishment of a legal entity under private law with the name “National Organization for the Prevention and Treatment of Addictions” – Integration of structures, units, services and OKANA and KETHEA programs – Integration of other public addiction treatment units”, of article 51 “Appointment of a National Coordinator for the Treatment of Addictions – Replacement of par. 1 of article 49 of Law 4139/2013” and of article 65 “Strengthening of public health structures by private providers and private doctors to deal with needs that may endanger public health- Authorizing provision – Amendment of article 56 and replacement of par. 11 of article 71 of law 4931/2022” of the bill.
The Scientific Service states in its report that critical, in terms of the proposed regulation for the strengthening of public health structures by private providers and private doctors, is the control:
a. if the situation that has been created is an exceptional and extraordinary case or a case that goes back to permanent or even permanent needs, and which could have been prevented with timely and rational planning to cover the needs at the time,
b. how “absolutely necessary time” is defined and documented each time,
c. if, in fact, the proposed solution, which involves a limitation of rights, is the last resort to solve the problem and cure the corresponding public purpose,
d. whether adequate compensatory benefits are provided to the affected physicians, and
e. if the imposition of the administrative sanction is proportional to the violation (e.g., if the sanction will be concurrent with the breached obligation of the private physician to provide services in the NHS structure or if it will extend beyond it).
“Regardless of whether the imposition of the above obligation is deemed to be in accordance with the Constitution or not, special mention must be made of the establishment, in this case, of a sanction for the refusal of a private doctor to provide his services, which consists in blocking access in the Electronic Prescribing System (ESP) of IDIKA SA.
In addition to the issues raised by the proposed regulation regarding the infringement of the principle of freedom of contract, the sanction in question links, in a way that does not seem to be consistent with the framework of the relevant constitutional regulations, the protection of public health (Article 21 par. 3 of the Constitution) with the right of patients to choose their doctor within the framework of the principle of patient autonomy, as a fundamental principle of health law, which goes back to the protection of human value (article 2 par. 1 of the Constitution) and the operation of the social security system (article 22 par. 5 of the Constitution). After all, the exclusion of a doctor – and consequently of his patients, who are harmed by this exclusion, preferably – from Electronic Prescribing (which implies substantial financial and other benefits for those insured in the social security system) does not even have relevance to the violation by the doctor of his obligation to provide services to the NHS structures”, the Scientific Service of the Parliament points out.
Health Minister Adonis Georgiadis has estimated that the measure will not need to be implemented and therefore it will not be necessary to issue the specific Ministerial Decision. However, he has made it clear that he will not withdraw the article. Last Friday he also informed the committee members that private doctors have already responded to support hospitals in areas such as Kos and Xanthi. He has also estimated that with the new policy of incentives, with the new policy for barren areas, with the increased money that will be given to doctors to go to these areas, the result will be much better in about four months, when the new announcement will be made in September and the ministry will be able to see how many will be appointed from December onwards to permanent positions.
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