Romanian Constitutional Court Says State Not Compelled To Compensate Pvt Emergency Medical Services

The Constitutional Court was notified about an exception of unconstitutionality of articles 91, 94 and 95 of Law no. 95/2006 regarding healthcare reform. The exception was raised by Ramnicu Valcea-based emergency medical services provider SC Uman Serv SRL in High Court of Justice case no. 473/46/2008.

The author of the exception argued that public medical emergency services (provided by county and Bucharest ambulance services, as well as other services under the authority of local and county administrations, and financed from the state budget) represented unfair competition to private emergency services providers, and therefore breach European Community law.

The Constitutional Court stated the principle does not apply to public institutions set up by public authorities to carry out non-commercial activities or provide a non-patrimonial public service.

The Court added that, despite private emergency service providers not being allowed to sign contracts with national health insurance houses, in order to receive public money as compensation for their services, their freedom to carry out an economic activity is not restricted.

The Constitutional Court rejected the raised exception, a decision appreciated by the Health Ministry.

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