Postępowanie odwoławcze w trybie art. 154 ustawy o świadczeniach opieki zdrowotnej finansowanych ze środków publicznych jako szczególne postępowanie administracyjne
Appeal proceedings in the procedure of article 154 of Health Care Benefits Act financed by public funds in particular administrative proceedings

Summary/Abstract: The text discusses legal regulations concerning appeal proceedings against the authorities of the National Health Fund which were issued in the proceedings of concluding a contract for providing health care benefits. Article 154 of the Health Care Benefits Act financed by public resources constitutes a standard basis for appeal proceedings. It has been found out that the present practice of the National Health Fund authorities consists in hearing these appeals in the procedure of general administrative proceedings employing the regulations of the Code of administrative proceedings. Presented essential doubts which appear in the article 154 interpretation process of the abovementioned act may suggest that they are lex specialis in relation to the Code of administrative proceedings (lex generalis). Therefore, the procedure they regulate is the basis for particular administrative proceedings. It is believed that it is necessary to take into consideration regulation interpretation, in accordance with the directives of derivative concept of law interpretation as well as system and functional directives. Because of the aims expressed by the legislator, it results in an approach in which in the proceedings in question the regulations of article 154 of the abovementioned act are applied. The norms expressed in the Code of administrative proceedings in accordance with ratio legis of the detailed act are only used in unregulated cases. Therefore, the present practice of conducting general administrative proceedings does not take into consideration the aims of the detailed act as well as its regulations contained in article 154.

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