Legal accessibility
4. Milestone
The Legal Accessibility project along the Hungarian borders was launched in 2016 by the CESCI, and it will continue in two areas in 2019:
The aim of the 2019 project is to continue in the footsteps of the previous initiatives and to continue the work based on the knowledge gained from the three previous Legal Accessibility Projects and the EU’s experience, and to ensure Hungarian presence in the EU discourse.
The final report on the fourth milestone can be downloaded here, by clicking on the cover.
Ensuring patient rights through cross-border patient mobility
Within the framework of the third Legal Accessibility project, we have made progress on issues that
are important for the enforcement of patients’ rights. The Hungarian healthcare system faces a number of problems, and from this point of view the importance of cross-border cooperation is negligible. However, in two aspects, the issue will soon become acute.
By the end of 2019, building upon the results of the 2018 project, we will develop specific legal solutions to successfully address this problem. The project includes the following activities:
We also want to involve external experts in the tasks mentioned above.
The study prepared in the frames of this subproject can be downloaded by clocking on the picture below (in Hungarian).
Results of the subproject were summarized in the following points. Click on the text for details.
Within the framework of the third legal accessibility project, we have made a progress on issues that are important for the enforcement of patients’ rights, based on which, this year we focused on the institutional and legal environment. The subproject aimed to draft concrete, textual legal proposals for bilateral solutions and elaborate a guideline supporting their implementation in the field of ambulance services and healthcare with the involvement of the competent actors, in order to manage the increasing cross-boreder patient flow, and to improve the quality of care in the border areas lacking functions. To this end we:
According to the 2018 analysis of national situation, four publicly funded Hungarian healthcare institutions, located along the border section and identified as being highly involved in cross-border cooperation, were tested within the frames of an interview method. The criteria for selecting the service providers were the following ones:
The following institutions were involved in the interviews: the Vaszary Kolos Hospital (in Hungarian-Slovak relation), the Mohácsi City Hospital (in Hungarian-Croatian relation), the Albert Szent-Györgyi Health Center of the University of Szeged, the UNI-MED Szeged Healtcare Ltd. that assures the full-range paid healthcare services (in Hungarian-Romanian and in Hungarian-Serbian relation), as well as the Zala County Szent Rafael Hospital (in Hungarian-Slovenian relation). During the interviews with the institutions, their experience with cross-border health services and the issues of resources that support their participation in cooperation were explored.
The interviews were based on a pre-developed standard set of questions based on the experience of the third milestone national survey. Two interviews were conducted at the Albert Szent-Györgyi Health Center of the University of Szeged, regarding that an economic company specially established for that purpose, UNI-MED Szeged Healtcare Ltd. assures a full-range paid outpatient and inpatient healthcare services.
The conclusion of the interviews were summarized and examined within the framework of a multi-approach benchmark, hereby giving an overall picture on the development potentials of cross-border patient mobility.
The second interactive seminar on cross-border ambulance services was held on 30September in Budapest, in which local experts and experts from the neighbouring EU Members States discussed the frameworks of long-term cooperation based on the Austrian-Czech good practice.
We invited to the seminar the regionally (i.e. borderlands’) competent leaders of the ambulance services and the representatives of the competent ministries and state institutions of domestic and neighbouring countries.
Participants of the seminar:
In order to gather experiences about the well-functioning Austrian-Czech practice and to demonstrate the advantages of service sharing to professional representatives, a two-day long study tour to Lower Austria was organised. Participants travelled by minibus to St. Pölten where they visited the coordination centre of Notruf 144 Niederösterreich, the University Hospital of St. Pölten, as well as the ambulance station and disaster management centre of the Red Cross and interviewed the local professionals. In addition, they met with the experts of NÖGUS, responsible for coordinating local and cross-border cooperation.
Participants:
A senior expert invited by CESCI thoroughly analysed the institutional and legal background of cross-border patient care then, reviewed and introduced the mechanisms of publicly financed patient care, which are theoretically appropriate for financing cross-border healthcare cooperation, as well as the reality of their application in light of the recent Gov. Decision No. 1798/2019. (XII. 23.).
Considering the related international, bilateral and national legistlative environment of healthcare and regional development, a proposal was made for an interstate agreement enhancing cross-border patient care; as well as for cross-border movements of ambulance, capitalizing also the experiences of seminar and the study tour.
Finally, a guide was made for the organisation of cross-border patient mobility based on the practical handbook of the Institute of International Sociology of Gorizia.
The seminar was opened by Dr. Gábor Csató, Director General of the National Ambulance Service of Hungary who highlighted the importance of cross-border cooperation. Then Gyula Ocskay, Secretary General of CESCI presented the Legal Accessibility initiative giving the framework of this project. After him, Enikő Hüse-Nyerges, project manager, and dr Tamás Balogh, expert of CESCI, introduced the past and recent activities and results of the sub-project on ambulance services. They spoke about the overall study and proposals on the Hungarian legal and administrative framework of cross-border EMS elaborated in 2017 and about the legislative proposal for cross-border movement of ambulances which is elaborated by now.
Following the introduction of the participants, Susanne Ottendorfer and Siegfried Weinert, representatives of the “Notruf NÖ”, presented the cooperation model between Lower Austria and the Czech Republic. They spoke about the history, the legal and administrative frames, and the practical details of the cooperation. The states, which have a cooperation agreement for mass disasters since 2000, signed a state treaty in 2016 in order to improve the availability of emergency healthcare in the border regions. The basic principle is that the patient should be transferred as fast as possible to the closest and adequate healthcare institution independently from their nationality, the EMS unit and the location of the hospital. Based on the state treaty, cooperation agreements were elaborated and signed which clarify the details of the cooperation including the language use, the communication and cooperation protocols or the transfer of drugs across the border.
Regarding the practical side of the cooperation, the speakers introduced the core element: a web application providing information exchange and communication between the coordinating centres. On the one hand, the application is able to localise each active EMS units around the place of deployment and makes it possible to ask for intervention from the other side of the border through only a couple of clicks. On the other hand, real-time communication is provided through the internal chat function. The application itself is quite simple, it was developed with a minimal budget and it is transferable within a reasonable time to other border regions.
At the end, the speakers pointed out the fact that the launch of the cross-border cooperation has resulted in an improved quality of life and cost efficiency in the border regions. They also drew the attention to the fact that it is enough to mutually approve each other’s national regulation: there is no need for legal derogation (simalrly as in case of the ECBM). At the end of the section, the participants had the opportunity to ask questions from the speakers, like questions about solving of practical problems, financing and institutional agreements.
After lunch break, the representatives of participating countries were able to share their opinions on the different aspects of potential cooperation during the interactive section in the afternoon:
Besides, in case of Slovakia, it was emerged that they regularly make analysis about the optimisation of the number and location of ambulance stations, the next one of which could also be made by considering the capacities on the Hungarian side.
In the end of the seminar, in order to enhance cooperation Gyula Ocskay offered the help of CESCI in organising bilateral professional meetings and a study tour to Lower Austria with the aim that the participants may understand the Austrian-Czech good practice.
The first agenda item of the study tour was the visit of the coordination centre of the Notruf 144 Niederösterreich. The Chief Executive Officer of the organization, Christof Constantin Chwojka, greeted the delegation and gave his support for the cooperation in the future. After that, Siegfried Weinert and Christian Legler staff members for planning, preparing and managing the cross-border cooperation initiatives took the floor. They introduced the details of the structure and operation of the Notruf 144, including the coordination mechanisms concerning the EMS and further healthcare services, as well as, the background infrastructure together with the applied technical solutions. The participants had the opportunity to get an insight into the routine of the dispatchers; in addition, the participants could see the practice of cross-border cooperation through simulation of the on-line application for dispatchers in operation.
The application automates and formalises cross-border assistance with the help of a data sheet. The system offers three possibilities to determine the subject of assistance from the Czech point of view:
After that, the dispatcher should choose the professional classification of the case from a list (respiratory arrest, allergy, etc.), however the groups of diseases/types of services are different on the two sides of the border. The parties decided to keep their own (national) classifications, and adding their groups to the jointly developed, more comprehensive categories instead of harmonisation. Introduction about this is provided to all the dispatchers. Apart from the dropdown menu, the dispatcher can add a more detailed description of the case. Beside that, the location of the case must be added on the data sheet.
After filling in all the required fields of the data sheet, a list of nearby Austrian and Czech rescue units appear with their types (ALS, BLS), and their distance from the case, both in kilometres and in times. The dispatcher chooses the most competent rescue unit(s) – according to his/her opinion – and sends the request for cooperation.
The application sends the request to the receiver in the filler’s language, which is translated with the help of Google Translate. The receiver can accept or deny the request with a click (one by one in a case of requesting more rescue units). If the request is accepted, the chat function opens which provides real-time communication between the dispatchers of both sides. The application automatically translates the text to the receiver’s language with the help of Google Translate.
On the Austrian side, these are the dispatchers and the supervisor who are allowed to ask for cross-border assistance if an adequate number of national rescue unit is not available on the Austrian side.
In the case of cross-border assistance, the rescue unit is always in contact with its own coordination centre via radio (the Austrian network reaches to Brno) or mobile phone. The dispatchers of the two sides continuously communicate with each other on chat. The rescue unit determines if the patient should be taken to hospital according to its inner protocol, while the two dispatchers choose the nearest suitable hospital together.
In case of cross-border action, each rescue unit works according to its national regulation (medical license, usage of distinguishing signs, etc.) and professional protocol, which is mutually respected by the parties. In practice, it means that a Czech doctor does not need a chamber membership and permission or the driver and the vehicle also do not need any extra permission to use the distinctive signs on the other side of the border.
The participants raised several technical questions, as a result of which the previously indistinct aspects were clarified.
The second day started in the University Clinic of St. Pölten, where Mag. Dr. Bernhard Kadlec commercial director shortly introduced the hospital, then he showed the emergency and supporting departments to the participants. The university hospital offers high quality care, especially in the field of cardiology and neurology. They accept 500 000 out-patient per year in 18 departments. In addition, they operate their own, digitally-based logistic centre which provides several hospitals in the region with equipment and medication on a daily basis.
In the remaining part of the morning, Elke Ledl, Head of the Lower-Austrian Healthacross Initiative aiming to enhance cross-border cooperation in the field of healthcare introduced their first INTERREG-V project implemented with the participation of Gmünd and České Velenice, which grounded the current widespread cooperation of the Lower-Austrian and the Czech provinces as a result of a 13-year long cooperation. Finally, she spoke about the initiatives launched together with Slovakia and Hungary. She highlighted that beside the political will to cooperate, the information of citizens are also crucial in order to eliminate the mental border which exists in their daily routine.
As last agenda items, the group visited the Red Cross EMS station in St. Pölten, then the disaster and logistic centre in Münchendorf, where Michael Sartori held a short briefing on their activity of the group, the relating infrastructure and tools. In Austria, 90% of the emergency medical services are provided by the Red Cross.
As an overall conclusion, it was conceived, that the Austrian healthcare institutional system is substantially more decentralised than the Hungarian one, in which the institutions have a significant freedom of decision within the well-based provincial framework. This might limit the applicability of the model in Hungary.
Based on the presented hospital and ambulance station, the applied healthcare devices and equipment, treatments and protocols are highly similar to the Hungarian ones. However, there are substantial differences in technologies applied in the case of supporting functions, and in the employee- and patient-friendliness, as well as cost- and time-effective organisation of services. In this regard, the Austrian system can certainly be considered as a good example.
The Austrian-Czech cooperation is exemplary, concerning both of its aims, as well the simplicity and transparency of its operation. Of course, there are questions to be clarified on bilateral level, but it can be said that it would worth adapting this model in Hungary and the neighbouring states.
Considering the available legal and institutional frames, the most favourable and most advantageous tool for cross-border healthcare cooperation in Hungary is the health card to be introduced based on bilateral cooperation agreements, according to the rules of the EU patient care regime which is limited to the geograpfic territory and service providers of the cooperation. Its functionality conforms to the functionality of the form E112 in every other respect.
The interest articulation and aims of the current Hungarian governmental health policy do not generally consider the advantages that may be come from cross-border healthcare cooperation, as a result of which the exploitation of these advantages are realistically not expected.
Bodies responsible for the planning of healthcare system have not collected regular, automatically structured data on cross-border healthcare services since 14 years. Thus, it would be crucial to display the cross-border aspects in the data collection to ground the structure change imposed by Gov. Decision 1798/2019. (XII. 23.). The National Health Insurance of Hungary (NEAK) is already capable of producing some part of the necessary data. However, these set of data are currently not produced on a regular basis, but based on individual, ad hoc requests, which require significant amounts of extra work. It causes workload that can be reduced if these types of data processing become the default functions of NEAK’s database.
Cross-border healthcare cooperation lies in the competency of minimum two large sectors: regional development and healthcare (foreign affairs and transportation are also attached to this). Thus, any successful cooperation and action can only be established with the close cooperation of at least these two sectors. In light of this, interstate agreements should be made according to the following legislations:
Valid Hungarian healthcare acts are familiar with the term of cross-border healthcare service but these attach a meaning to it which is irrelevant in respect of regional (real cross-border) cooperation. Even with this, we don’t find it necessary to modify the concept of cross-border healthcare services according to paragraph 5/B. of legislation No. LXXXIII/1997. Instead, the introduction of the concept of “service offered in the framework of cross-border healthcare cooperation” with an adequate content would be an appropriate solution.
Goals of cooperation of the involved parties, within the frames of healthcare, as well as rescue/ambulance segment of cross-border cooperation can be effectively achieved if the framework of their harmonised action is as little spontaneous as possible. In this field, significant achievements can be reached by long-term commitments. Within the field of cross-border cooperation, typical instruments for this are the framework agreements and the administrative/implementing agreements – with framework filling character – concluded on the basis thereof, as well as (in the case of legal relationships which are not covered by social security schemes) service contracts between healthcare institutions and their patients. Within the frame of the project, the following suggestions were prepared in this regard:
In order to create cooperation between cross-border healthcare services and healthcare providers practical questions should be clarified:
want to create/develop cooperation, furthermore:
This requires the consideration of the following circumstances in any cases:
In favour of smooth cooperation, contacting with governmental partners and planners of the neighbouring states in cross-border healthcare cooperation is nearly as important as the other factors mentioned above.
* The Slovenian participants were unable to attend the seminar due to time conflict.
** On the basis of the results of the aptitude test, one contract template sample, possible to use widely, was developed instead of 4 institution-specific contracts.
In this case, the scope of healthcare cooperation can be divided into two major areas.
In case of ambulance services, it would be necessary to continue the discussions, launched within the frame of the project, at bi- and/or multilateral level. As a result of the previous events, the next professional meeting, which is expected to take place in February of 2020, is being organized by the Healthcare State Secretary of the Ministry of Human Capacities, the Ministry of Foreign Affairs and Trade, and by the National Ambulance Service (NAS) with the competent authorities of two neighbouring countries, Austria and Slovakia. The meeting will focus on a potential state treaty based on the Austrian-Czech best practice, which is under revision by the legal staff of the National Ambulance Service. To the invitation of the Ministry of Human Capacities and the NAS, CESCI takes part in the further work as facilitatator of the discussions.
However, it would also worth countinuing to maintain and to strengthen the relationships with the other neighbouring EU member states. This could be implemented by bilateral meetings and/or multilateral consultations, similar to previous ones (e.g. seminar).
Regarding patient mobility across the Hungarian borders, cooperation is currently less advanced, because of the complexity of the topic and the structural problems of the sector in Hungary.
However, within the framework of the project, preparation of the cooperation on a professional level was carried out, which might be continued by reviewing the cross-border aspects of the policy area, as well as launching consultations with the neighbouring countries by the competent actors, mainly on national level. With the appropriate intentions, a suitable framework could be provided by the upcoming transformation process to be implemented according to the Government Decree 1798/2019. (XII. 23.).
Last, but not least, it is important to maintain and to strengthen both topics in the cross-border cooperation discourse also at the level of the European Union. Among others, the DG REGIO initiatives or platforms, such as the EUREGHA forum, bringing together local and regional stakeholders of the cross-border healthcare cooperation, offer possibilities for it.
Exploring the legal background of cross-border developments in public procurement
One of the most frequently mentioned problems in the EGTCs consultation during the 2018 project was the conduct of public procurement procedures related to cross-border projects.
In order to solve these issues, we will analyse the current legal framework within the 2019 Legal Accessibility Project, make a textual recommendation in order to eliminate the lack of legal harmonization, and compile a handbook on public procurement procedures for cross-border projects.
The study prepared in the frames of this subproject can be downloaded by clicking on the picture below (in Hungarian).
Results of the subproject were summarized in the following points. Click on the text for details.
In the course of project 2018, one of the recurring topics during consultations with EGTCs was the complex implementation of public procurement procedure connected to cross-border projects. First, it was problematic that a Hungarian based EGTC could publish a call according to the public procurement law of the neighbouring country. Second, it was emerged that how each item should have purchased in case of integrated projects. It mainly caused problems in developments, which needed investments on both sides of the border.
Concerning the complexity of this topic, first, general legal framework was analysed on a basic level in the course of the current project, to settle raising questions. A proposal was formulated to eliminate the lack of harmonisation of law, and a guide was made to help the public procurement procedure of cross-border projects.
No special conciliations and conferences were held in the topic of the subproject yet. It was only processed by a legal expert on the mentioned basic level, who rated the available legislations of member countries that could come into question and of third countries, as well. The expert prepared a formulation of amendments and a guide, too.
During the work, in favour of transparency, we analysed the related provisions of all countries that could come into question, even if large leeways could be noticed in the regulation system of certain countries (see third countries), mainly because they were lacking of the EU membership.
We divided the professional work into the following subtasks:
During the harmonisation of law, one starting point of the policy of the European Union was to establish real internal market on public markets to provide equal opportunity, equal and non-discrimination treatment, fair competition and transparency for economic operators. Although, at the latest modernisation review of directives in 2014, the better usage of public procurements to support common economic and social (strategic, sustainability, innovative) aims, the increase of the efficiency of public expenditure, as well as to promote small and medium-sized enterprises to take part in public procurements were already an important aspect.
However, the development of the new directives’ contents were affected by the previously effective Directive 2004/18/EK that implicitly allowed common cross-border public procurement, there is still a significant legal and practical problem for contracting authorities to buy from central purchasing bodies of other member states or award public procurement contracts together. Because of this, new regulations on common cross-border public procurement were established, which facilitated cooperation between contracting authorities, the conditions of cross-border requisition of central purchasing bodies was named and a public procurement law applicable in cases of common cross-border procedures was made including regulation applicable in cases of legal remedy for the contracting authorities of different member states, furthermore, it was made possible to establish common organisations based on national or EU law.
In relation to the analytical methodology of the study, it should be noted, that the regulation of Directive (Classic Directive) 2014/24/EU and Directive (Public Service Directive) 2014/25/EU on public procurement are basically the same, therefore, they both can be applied to all public procurement contracting authorities, thus in the followings, only the provisions of classic directive were examined. Finally, public procurement regulations were not included in Concession Directive 2014/23/EU, which doesn’t mean that – in light of the evolution of directive – there is no place for such procurements and for their directive regulation below in the case of concession procurement objects.
Requirements formulated by directives were adapted into public procurement norms through member state laws and implementing legislations. It is worth mentioning that not all member states meet the deadline of 18 April 2016, thus in December 2017 the European Commission initiated an infringement procedure against four member states. Among them, Austria fulfilled its obligation in 2018 and Slovenia in 2019.
The transposition of directive regulations can cause different solutions in each member state in some cases, with the feeling of overregulation (e.g. the Hungarian public procurement regulation is a considerably complex, multilevel and detailed standard with a stronger approach to centralisation and control.) However, new directives from 2014 can be considered as gap fillers and they generally promoted the cases of cross-border cooperation and joint developments of member countries from the perspective of procurement.
In this final report we don’t discuss the public procurement rights of third countries more thoroughly. It is enough to mention, that these regulations are understandably did not or just partly harmonised with the EU law in respect of their guiding principles towards joint procurements with other countries are not discuss cross-border aspects.
The defining source of domestic public procurement law is statutory, which currently effective and repeatedly modified code is Legislation CXLIII/2015 (henceforward: PPA), which is the fourth PPA since the regime change. The implementing regulations (and other joint legislations) of PPA regulate details and specific rules of public procurements.
The Second Part of PPA is valid for public procurements and public procurement procedures that reach the EU limit, while the Third Part includes public procurement regulations that are below the EU limit but reach or exceed national limits.
National limits are determined annually in PPA.
Transposition of the directive rules into the procurement rules of the EU member states, neighbouring with Hungary, shows that these member states generally followed the normative text of the directive, i.e. they typically did not create new rules. Particular provision of the Slovak law deserves a highlight which allows “contracting authorities” to take advantage of these cross-border procurements if the applicable legislation is in accordance with the legally binding acts of the EU. In our view, a similar approach could be followed by the relevant third countries in their “approximating legislation”, i.e. harmonising their public procurement rules with the members state rules, hence the relevant EU law could be designated as the applicable law.
In light of the above, we suggest a quick revision of the substantive differences that are unnecessary and interfere with or complicate the appropriate emergence of directive regulation.
Due to the complexity and codification nature of the proposed amendments, the study – because of the nature of its basic principle – is limited to indicate the regulatory anomalies. We recommend the implementation of a separate project for drafting textual legislative proposals.
The aim of this guide is twofold: on one hand, it provides a comprehensible, practical assistance to public procurement procedures; on the other hand, it maps the most important topics and cross-border cases that does not create an obvious situation, which makes cross-border cooperation harder and where current regulatory situations are incomplete. Whithin this, the guide gives an overview on the related provisions of the Hungarian Public Procurement Law to the investigative steps of procurement needs, by taking into consideration the most important questions of preparing and conducting public procurement procedure, as well as the phase of contracting and fulfilment of the agreement.
The key principles identified by the study, which need to be taken into particular account during the public procurement procedure in the case of the EGTCs established by Hungarian participants, are the following ones:
A “problem map” was formulated during the investigation of the legal environment of public procurement procedures related to cross-border projects of the EGTCs, which have raised the need for
Completion of indicators (Fourth milestone)
* The Slovenian participants were unable to attend the seminar due to time conflict.
** On the basis of the results of the aptitude test, one contract template sample, possible to use widely, was developed instead of 4 institution-specific contracts.
The project was funded by the Ministry of Justice.
The project documents and the conclusions and recommendations contained therein do not necessarily reflect the official position of the Promoter.