Samodzielny publiczny zakład opieki zdrowotnej a status przedsiębiorcy i komercyjne udzielanie świadczeń zdrowotnych.
Independent public health care facilities vs. entrepreneurial status and commercial provision of health care services

Summary/Abstract: In terms of the health care system in Poland considerable controversy arises over the issue of providing healthcare services by public health institutions (medical entities in the form of independent public health care facilities) on a purely commercial basis. The solution of this problem is further complicated by not always precise wording used in the legislation pertinent to the subject matter. A detailed analysis of the pertinent legal regulations, supplemented by the official position of the Minister of Health, leads to the conclusion that the possibility of public health care facilities providing healthcare services on a fully or partially paid basis is significantly restricted. In fact this possibility is limited to four specific cases: 1) the patient does not have a referral, 2) a stay in a residential treatment center, or any other similar institution, 3) the provision of benefits beyond the basket of so-called. guaranteed services, and 4) the patient is not entitled to benefits financed from public funds. Apart from the aforementioned situations public healthcare facilities are prohibited in general from providing paid medical services, which, according to the authors, constitutes an unjustified restriction of the therapeutic activity of those entities.

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