Equal terms of payments for medical facilities in life threatening situations? A judgment by the Court!

As a result of an appeal filed by Duraj & Reck i Partnerzy Law Firm, District Court in Katowice delivered a judgment in a controversial case regarding financing medical facilities for saving lives. In a judgment of 29th of October 2016 (IV Ca 555/16) the Court denied arguments presented by Polish National Health Fund  and ruled whether article 19 paragraph 4 of The Act on Publicly Funded Healthcare Benefits gives right to demand payment for providing medical services to patients in life threatening conditions from National Health Fund only to medical facilities not bind by any contracts with the Fund, or if hospitals contracted by the Fund are able to demand such payments as well, if they provide the services in life threatening cases not covered by the contract.

During the judicial proceding, Duraj & Reck i Partnerzy Law Firm noted that medical staff are not only bound by the Act on Publicly Funded Healthcare Benefits, but by the Act on the Profesions of Doctors and Dentist as well. Acts mentioned above oblige all of the medical facilities to provide medical services in life threatening situations irrespective of the fact, whether they are bound by a contract with National Health Fund or not. However, it would be inadmissible to expect that a hospital would be obliged to cover all of the costs of such services by itself, solely because it was not contracted by the National Health Fund in such case.

As a result of an appeal filed by Duraj & Reck i Partnerzy Law Firm and its opinion defended in the court, judgment pronounced by the District Court disperses all doubts and lets medical facilities focus on saving lives and health of their patients.