Doubts connected with investigation of payment for services in emergencies resolved by Court decision

The possibility to apply for payment for services performed in emergency by medical centers having contract with National Health Fund on the basis of article 19 section 4 of the Act on healthcare services financed from public funds.

On 29 September 2016. The District Court in Katowice resolved so far contentious issue whether Article. 19 section 4 of the Act on healthcare services financed from public funds admit entitled to claim from the National Health Fund to pay for services provided to patients in emergencies merely medical institutions who do not have any contracts with an the National Health Fund or the demand that may occur the hospitals associated with NFZ contract, but coming payment for services provided in emergencies beyond contractually agreed range.Above doubt it was related to the wording the quoted normalization, the literal sound indicating a grant of the right to seek payment for services provided in states of emergency, only the medical facilities who do not have any contract with the NFZ.

District Court hearing the case in the second instance resolved these doubts indicating that the provision in emergencies is a statutory responsibility of the provider of an absolute character and the cost of benefits, which the agreement did not provide because of its nature or exhaustion of its limit in any case may not impose or a medical facility nor a patient. These judgment resolved the dispute between the healthcare provider and the National Health Fund unambiguously stating that the fact of having an agreement by the medical establishment does not exclude the possibility of it to pay for services provided to patients in emergencies outside the specified scope of it.