Cancellation of Deductions Made to Private Hospitals by SGK Due to Covid

As it is known, covid-19, which affected the whole world, also had a significant impact on private health providers. The fact that the number of cases has reached very high levels all over the world has caused an intense demand in private hospitals as well as public hospitals. Hospitals, whose intensive care bed capacity was full due to these demands, started to serve by providing intensive care conditions in normal beds upon the recommendation of the Ministry of Health. Thanks to these services, many lives have been saved.

Both the Ministry of Health and our President say to private health providers at every opportunity that you cannot refuse any patient who comes to the emergency door of your hospital. Private health providers also try to take care of all the emergency patients who come to their door by complying with these calls.

Sgk has recently been interrupting the progress payments of private health providers by saying that it will not pay the other intensive care treatment fees, except for the number of intensive care beds, to private health providers who provide covid service. These cuts make it even more difficult for private health providers, who are already in economic difficulties due to the pandemic.

While private health providers have to comply with the instructions of the ministry of health on the one hand, on the other hand, they are exposed to the sanctions of the SSI for complying with the instructions of the ministry of health.

In our opinion, these sanctions by SGK are not legally appropriate. Because, in a period when all kinds of health services are gaining in value due to the pandemic occurring around the world, it is not fair to us not to pay the price of the intensive care service provided in normal rooms suitable for intensive care conditions, just because the intensive care capacity is limited on paper. As a matter of fact, similar deductions made to many private health providers in similar situations have been completely annulled by the lawsuits filed by us.

Therefore, we recommend the following to SSI and Private Healthcare Providers, which are both important elements of the health sector;

Before making similar deductions, SSI should send its inspectors to the relevant hospitals to inspect whether the intensive care service provided in the normal room complies with the standards, if the service conditions provided are suitable, not to make any deductions, and if the service conditions are not appropriate, in this case, the necessary sanctions are imposed according to the contract. We recommend the app.

For Private Healthcare Providers; First and foremost, we recommend them to request a temporary intensive care bed increase to the provincial health directorate, to object to the commissions before the SSI regarding the unjust deductions, and to take a precautionary decision before the deduction process is made before the court, in any case, without waiting for the result of the commission, and recommend these unlawful deductions.

SSI and Health Law Specialist
Lawyer Selahattin PAR