All the pecuniary cuts and penalties applied to private hospitals and medical centres for the past 10 years by the SGK (Social Security Institution) can be reclaimed back.
WITH RESPECT TO THE COURT DECISION WHICH WE HAVE PRESENTED BELOW; ALL PENALTIES AND PECUNIARY DEDUCTIONS THAT HAVE BEEN IMPOSED BY THE SGK CAN BE RECLAIMED BACK…! WE CAN ALSO PROVIDE EXAMPLES OF SUCH COURT DECISIONS TO ANYONE WHO GETS IN CONTACT WITH US.
COURT DECISION EXAMPLE: “…. SUSPENSION OF THE ACTS OF SGK VIA INTERIM INJUNCTION, continuation of the payment process for the payments entitled by the claimant who has requested for interim injunction (reclaiming the amount that has been deducted by the SGK)…”
Most of the health services in Turkey are offered to our valued citizens by the esteemed Private Health Institutions and Organisations;
The cost for the health services which you offer to the SGK members are covered by SGK and in order to claim those payments from the respective institution, we all know that a ‘Private Health Service Purchase Agreement’ must be signed between the relevant Private Health Institution and SGK.
In the event of determination of acts that are contrary to the above stated agreement, with accordance to the articles of the agreement, SGK gains the right to fine the Private Health Institutions in various amounts or similarly to deduct various amounts with respect to their progress payments.
Unfortunately the majority of fines imposed by SGK against the Private Health Institutions or the deductions that are made by them from the relevant invoices, are all preformed unilaterally by SGK without further investigation and research. As a result, Health Institutions are subjected to financial and commercial difficulties with respect to these exorbitant and high penalties.
Health Institutions who believe that the pecuniary cuts and fines imposed by SGK are unfair, they can seek legal remedies in order to acquire their rights. The majority of the lawsuits filed in this way are won.
However the Health Institutions when they become aware of such unfair deductions and penalties, in order to reclaim back the respective payments, they have to first request from the court to grant INTERIM INJUNCTION IN ORDER TO SUSPEND THE UNFAIR ACTS OF THE SGK and when such INJUNCTION is been granted by the court, SGK will not be allowed temporary to charge any penalty or make any deductions from the related Health Institution until the lawsuit is finalised.
You might ask this question: WHAT ABOUT THE PRIVATE HEALTH INSTITUTIONS THAT HAVE NOT FILED A LAWSUIT TO RECLAIM THEIR PECUNIARY RIGHTS (SUBJECT to JUSTIFIED ENTITLEMENT FOR SUCH RECLAIM) AGAINST PENALTIES AND DEDUCTIONS THAT HAVE BEEN APPLIED BY SGK FOR THE PAST 10 YEARS, CAN SUCH HEALTH INSTITUTIONS RECLAIM THEIR MONEY BACK FROM SGK?
THE ANSWER IS YES; YOU CAN RECLAIM ALL YOUR PECUNIARY RIGHTS THAT HAVE BEEN DEDUCTED DUE TO THE PENALTIES AND CUTS IMPOSED BY SGK, IN A SHORT PERIOD OF TIME WITHOUT EVEN INVOLVING WITH LONG LITIGATION PROCESSES.
HOW? I SHALL EXPLAIN AS FOLLOWS:
If we look at the latest PRECAUTIONARY MEASURE (INTERIM INJUNCTION) DECISION PROVIDED BELOW WHICH WE HAVE OBTAINED FROM THE COURT, WE CAN CLEARLY OBSERVE THAT;
1) First of all, according to the Article 17 of the Contract, THE COMPETENT COURTS WITH RELATION TO OBTAINING PRECAUTIONARY MEASURE DECISIONS AGAINST SGK, ARE COURTS IN ANKARA, IF SUCH DECISIONS ARE OBTAINED FROM LAWSUITS FILED IN COURTS OF OTHER CITIES, SGK WILL NOT ACCEPT THOSE PRECAUTIONARY MEASURES. WE WOULD LIKE TO DRAW YOUR ATTENTION TO THIS ISSUE, SGK WILL ONLY ACCEPT INTERIM INJUNCTION DECISIONS THAT HAVE BEEN GRANTED BY COURTS STATED IN THE CONTRACT SINCE THEY ARE THE ONE WHO ARE COMPETENT AND AUTHORISED.
2) The time lapse period for the Health Institutions is normally 5 years during which they are entitled to reclaim their money back from SGK due to the relative penalties and deductions. However judicial remedy route will be available for penalties and deductions that have been incurred for the last 10 years.
IF YOU THINK AND BELIEVE THAT THE PENALTIES AND DEDUCTIONS THAT HAVE BEEN IMPOSED ON YOU BY SGK ARE UNFAIR AND AND THAT YOU ARE ENTITLED TO RECLAIM THEM BACK, THEN THERE IS NOTHING TO BE AFRAID OF OR TO REFRAIN FROM FILING A LAWSUIT AGANIST SGK.
All SGK officials state that “ If you think that you are right, then file a lawsuit and seek your rights through legal remedies”. This is to say: “Please do not refrain from acting respectively, by thinking to yourself that anyhow we are facing with this issue everyday and so if we file lawsuits frequently regarding this matter then SGK might exacerbate and impose further and heavier penalties on us”. We are living in a state which has law and therefore everyone is free to seek their rights.
To summarise this matter; ALL THE PENALTIES AND DEDUCTIONS THAT HAVE BEEN IMPOSED ON YOU BY SGK FOR THE PAST 10 YEARS, IN ORDER TO RECLAIM THE TOTAL AMOUNT BACK, YOU MUST FIRSTLY APPLY FOR AN INTERIM INJUNCTION AND OBTAIN THE PRECAUTIONARY MEASURE DECISION FROM THE COURT AND THEN;
OUR HONOURABLE COURTS IN ANKARA SUBJECT TO SUCH AN APPLICATION (FILING A LAWSUIT FOR INTERIM INJUNCTION), WILL DECIDE TO GRANT PRECAUTIONARY MEASURE IN EXCHANGE FOR 10% OR 15% GUARANTEE (WITH RESPECT TO THE AMOUNT YOU HAVE FILED A LAWSUIT ACCORDINGLY) IN THE CASE OF YOU LOSING THE LAWSUIT. HOWEVER IF YOU WIN, THEN ALL THE AMOUNT CHARGED FROM THE PENALTIES AND DEDUCTIONS PLUS THIS GUARANTEE WILL BE RETURNED BACK TO YOU.
PRECEDENT COURT DECISIONS ARE AS FOLLOWS;
“…Upon the APPROVAL of the request for interim injunction, the defendant with respect to the issue in dispute which is the Directorate of Social Security Institution and the Ankara Kocatepe Provincial Directorate of Social Security, according to the cuts that have been imposed by the defendant which amounts to……………… TL, such acts of the defendant should be SUSPENDED WITH THE INTERIM INJUUCTION in exchange of 15% guarantee from the above stated amount which sums up to …………… TL, more over the payment process of the pecuniary rights entitled by the claimant shall be continued (refund of the amount that has been deducted from the claimant)….”
In pursuance of the precautionary measure granted by the court, our honourable SGK is obliged to refund back all the deductions that has been made by them previously to the relevant Health Institution. However if a lawsuit is filed by SGK in a way of appeal to the injunction granted, and if the Health Institution turns out to have obtained the injunction unfairly, then SGK will be able to recover all the money it has paid to the Health Institution (Since Health Institutions mostly win such cases, the possibility of SGK recovering the payments at the end of the trial is very rare.)
AS A RESULT, all Private Hospitals and Private Medical Centres that are located in Turkey (RETROSPECTIVELY FOR THE LAST 10 YEARS) CAN RECLAIM BACK THEIR MONEY due to all the deductions and penalties that have been imposed on them by SGK in accordance with the PRECAUTIONARY MEASURE THAT WILL BE GRANTED TO THEM BY THE COURTS OF ANKARA.
I am gratified to have shared this information with all our respectful clients and other interested parties.
PAR HUKUK LAW FIRM Atty. Selahattin PAR 0533 467 40 19