The Bulgarian Hospital Association (BHA) sent an open letter to the European Commission and other institutions, expressing its position against the inclusion of private medical institutions within the scope of the Public Procurement Act (PPA). The letter is in connection with a decision by the European Commission to bring an action against Bulgaria before the Court of Justice of the European Union (CJEU) for violations of EU public procurement rules.
According to the BHA, private hospitals are not public law organizations, as they operate as commercial companies, assume financial risk, and receive funds from the NHIF for services rendered, rather than as a budget allocation. The association refers to the practice of the CJEU and a decision of the Supreme Administrative Court, which confirm this fact.
The inclusion of private hospitals in the PPA, according to the BHA, would lead to practical problems, such as delays in the supply of medicines and medical devices. The association emphasizes that this would be an interference with free economic initiative.
The BHA proposes alternative measures to ensure transparency, such as a centralized tender by the Ministry of Health for medical devices and a requirement for a minimum of three comparable offers, publicly announced. These measures could ensure transparency without imposing an inapplicable regime like the PPA.
The Bulgarian Medical Association expressed concern about the intention to make changes to the PPA affecting the status of private hospitals. The changes stipulate that private hospitals should purchase medicines after a procedure under the Public Procurement Act.