Definition of the "Health Benefit Basket" in Poland
Transcription
Definition of the "Health Benefit Basket" in Poland
Definition of the "Health Benefit Basket" in Poland Author(s): Adam Kozierkiewicz, Wojciech TrÄ…bka, Artur Romaszewski, Krzysztof Gajda and Dariusz Gilewski Reviewed work(s): Source: The European Journal of Health Economics, Vol. 6, Supplement (Dec., 2005), pp. S58S65 Published by: Springer Stable URL: http://www.jstor.org/stable/20069429 . Accessed: 14/07/2012 07:07 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . Springer is collaborating with JSTOR to digitize, preserve and extend access to The European Journal of Health Economics. http://www.jstor.org Original Papers Eur J Health Econom 2005 [Suppl 1] 6:58-65 Adam Kozierkiewicz Wojciech Trqbka Artur Romaszewski Dariusz Gilewski Krzysztof Gajda Institute of Public Health, Medical College, Jagiellonian University, Crakow, Poland DO110.1007/S10198-005-0320-3 Published online: 29 October 2005 ? Springer Medizin Verlag 2005 Definition Benefit care of the health Fundamentals form system care Health in Poland of various sibility remains but sectors, patients, gions when the 1990s the respon sically it is carried and were framework health general in founded by Article 68 of the Constitution states that: health their with economic to right regardless of shall status, access equal a has (a) Everyone care, (b) Citizens, 1997 which be provided care services fi to health nanced from the public funds by the pub lic authorities; the conditions are pe of services (c) Public laws, propriate to provide obliged to children, vices the sco and to be detailed in the ap are authorities care health special ser dis women, pregnant abled persons, and the elderly, (d) Public authorities are ic diseases and obliged to counter epidem potentially health prevent outcomes threatening of on reform redefining introducing ba the of the state role mechanisms, and management. institutions insurance activi their ty by virtue of the Law of Universal Health Insurance of 1997, with amendments from 1998. This established 16Regional Health Insurance (Sickness) Funds along with the Health Insurance formed men, Fund workers" at which operated to the Law cording Health surance, health care Funds covered workers, (army and workers) railway Funds sign families, In Health contracts with Health Regional (ad voivodships particular ministrative regions) populated by 1-6mil After inhabitants. 2000 there were no degradation. legal barriers to the Health Funds extend Prior to 1989 the Polish health care sys tem fell under a public integrated model, ing their zens were sometimes called ged gradually over was government er and the its Soviet for named the major "Semashko" time. both model, and ideologist, In this chan the system insur the principle via of services, provider health facilities owned and administered by regional representatives (Voivods, "Governors"). in a given area was ical presence equipment. The determined or absence The of the government country benefit of specialists had basket by the phys begun I EurJHealth Econom Suppl 1 2005 and to re activities free to other to choose regions. the Health Citi Fund focused and quality on relations" "proper own in their Still rather the Social-Democratic In regions. Government initiated a centralization of the system by merging all Health Funds into a unified universal National Health Fund (NHF) 16 with of branches. regional recentralization 2 years technical there 2005 and with Insurance twice, lasted substan and problems the period from were six Ministers re-written process system burdened the Health pletely tervention The the of and was ings. During level. Ac areas. in adjacent were providers tial police their interregional of Universal institutions. "uni for so-called with 2001 of universal commenced they preserving 1 re neighboring certain Health Funds began persons however, On in some except absorbing and decentral freedom, the 1999 January process focused quasimarket individual health lion environmental as the early the ized responsibility the as system 1980s, albeit rather slowly. Until the end of greater care S58 care the health tem. Most of in Poland Basket" out principally by the social security sys aspects the'Health of shortcom 2001 was Act one until of Health, com after of the Constitutional in the Tribunal. One of the reasons given by the Tribunal in declaring the tions an the and to which services" is entitled person insurance "condi concerning of scope insured health was law unconstitutional lack of definition under the law. irrespective of their place of living. Health had Funds become autonomous organiza tional and property institutions, but they still remained public and managed funds collected through under premiums the su pervision of a public "boards," with the principle aim of providing insofar as their budget allowed the best health care to all in sured In persons in their reality, however, competition region. there between Health was little Funds for Regulation of the benefit basket are There ments various scope required for defining conditions legal the acts and of services docu entitlement. and In im of regulations the most are those based most and portant general are the Constitution. More upon specific the hierarchy the laws ratified by Parliament President, which regulate certain and the areas of Abstract social life and low include and institutions, health The activities. obligations to laws of public and provide to persons benefits listed be ? Social organs rules ensure various in need: for social insurance Health ance scheme citizens of Polish tion and zdrowotnej k?w 2135). Labor code cine Penal both and occupational law which relations regulates which als regarding protection health areas, authorities 179, poz. ? Road eases (Ustawa mental r. health 1982, zm.io) ? Laws 122, poz. poz.1384 (Usta w wychowaniu r. o tawa, niu ushig Dz. U r. Nr 6 December Nr 241, poz. 99, poz. Dz. and Dz. 58 z 2003 Nr mise so-called assessment the govern are by nature and legal fundamental while their able waiting issue to some extend it times of Health on accept for health services. Keywords Health practical benefit Health prin National regulations/ plans Health priorities Poland health programs services application. and there obligatory, administrative noncompliance. there are additional for health to individ available and mechanisms Both are establish a list law and a pro The second although sued from the Ministry and scope in the isbeing dealtwith legallyby regulations is dele regulating the in part by defining an institution to establish technology laws contain of services laws and The sanctions In addition to for acts, legal documents most one the only referring of important discussed of services alogue here these is a cat "contracted (so-called are purchased by the products") which 25 (Ustawa, Ratown U. Nr are The to catalogues appendices the procurement in the documentation 113, poz. services 920) which (Us r. o swiadcze in need. regulate the of the na care of purchasing procedures medycznego, 2073 ?raz z 2003 and functioning financing tional rescue and system ed to persons of these gal nature. i 1231, z p?zn. system 2002, ratownictwa January Dz.U drogowym, r. poz.515 z p?zn.zm.). solved NHF. Pa?stwowym Medycznym, 1207, z p?zn. zm.13) (Ustawa, 1997, r. o Poland's Union. The first to the benefit basket which are not of le and alkoholizmowi, ictwie 20 ruchu ciples trzezwosci 147, poz. problems-which. on the rescue July 2001, problem was of specific exclusions decrees 1143), law and, second, to the European users that 26 October (Ustawa, przeciwdzialaniu U. z 2002 r. Nr regulates in 2004, changed first the verdict of the Con insurance accession the uals in Poland. The underlying logic of the legislative process in Poland provides 2001, Dz. U. Nr 111, psychicznego, z 535, zm.), drug (Usta poz. p?zn. wa, 24 April 1997, r. o przeciwdziala niu narkomanii, Dz. U. z 2003 r.Nr r. o code which and ab stitutionalTribunal invalidatingthe existing 1842). traffic conditions zdrowia 198 iNr for two reasons: health to gations regulations/decrees on a technical level both r. o ochronie 1994, abuse public policy. The situation iNr 959 the lacked an effect on has rights and obligations of public roads Many i zakazeni zakaznych 126 z 2001 19 August r. 128, poz. 96, poz. largely theoretical stract and therefore 2003, basket" has for years among to be has tended remains open, dis z, 6 September Nr r.Nr Nr of "health benefit hotly debated Polishpublic,but until recentlythe debate care of Polish Dz. U Gajda in Poland The subject the regulates 13 January (Ustawa, 1175 OT2LZz 2004 and against as infectious such r. o chorobach alcohol which Tr?bka Krzysztof Abstract 557, z 90, poz. are under who o cudzoziemcach, coping with specific problematic 24, poz. Basket" the obligations regulate p?zn.zm), karny U. Nr Wojciech Romaszewski Definition of the "Health Benefit been be of public authorities and individu z (Usta 1997, r.-Kodeks Dz. in nr 21 z jednoliry, Dz.U. pracy-tekst z 27 1998 r. poz.94 (Ustawa, p?zn.zm; r., June 1997, o shizbie medycyny pracy Dz.U. Nr 96 poz.593). wa, DariuszGilewski crimes foreigners residents and ach, Dz.U. on Law medi employers employees, mea the health protection cluding are sures that to employers obliged r. 26 Kodeks 1974, June pay (Ustawa, Laws 137, zm.9). p?zn. ? Artur rights and obligations of non-Polish tween ? January Kozierkiewicz ubez the issues regulates con treatment of persons and wykonawczy, 210 z 2004 Nr Adam (Usta systemie Dz. U. Nr of committing 6 wa, ? Springer Medizin Verlag 2005 code which victed 27 Au occu o spolecznych, 887 z p?zn. zm.). of crime opieki ze srod Dz.U. publicznych, poz. ? large propor residents, finansowanych r. poz. piecze? regulates (Ustawa, long-term r. o swiadczeniach 2004, gust a and of noncitizens, short- _ law which insur and obligatory some 99% that covers the universal for both and nonactive 1998, 2005 [Suppl 1] 6:58-65 0198-005-0320-3 DO110.1007/sl coverage groups, active 13October Eur J Health Econom establishes security population pationally wa, -. law which security provid health services and goods within the universal health in surance in the between providers, included "products" are catalogues contracts vice The system. then the NHF to be provided the subject and the of ser to the "ben eficiaries." O Table 1 presents a list of laws and de crees which determine the benefit basket in each of the existing subsystems. The I EurJ Health Econom Suppll -2005 I S59 Original Papers level of detail in defining the scope of the to which benefits are entitled, persons dif fers in the Acts. It isworth noting that in case each states the Act is entitled who (covered) to a certain kind of protection and what it is, sometimes protection so and the circumstances defining tions under which ent purposes we al condi can differentiate three and institutions lev els of explicitness of definitions in the ben efit basket: and, pliance Local (re regulations. are for governments responsible on their territories. Laws activities with gional) establish supervises and practical applications. crees cannot exceed is understood as Explicit: That which providing specific medical procedures immunization for and actions (e.g., those mentioned B), namely hepatitis in the law or regulation ? care area of health have beneficiaries _ That Implicit: care that health ally ment gener some is provided, etc. efficient, ministries "benefit times with additional formulation as all necessary, With ? of Sejm and basket" define various issuing regulations of the parts some in more are determined benefits de tail and some others in less detail, which means that the level of explicitness of defin ing the benefit basket ranges from implicit to explicit. a rule, As (decrees) regulations aremore detailed in the benefits definition than laws, and the than the Constitution. se of the most sal Insurance are more laws specific in the ca However, prominent the Act Law, the Univer Act, the ben encloses efits definition on all three levels of detail. Obligations of the public authorities derived from the legal regulations are financed amount diture from public to 70% of the health total Private in Poland. which sources, products process was not ting general conditions established, which (es of contracting take places ? associations representing The diture) is mainly insurance private supplemental role of private and quasi-insurance. no benefit expenditure, be discussed; the only regards can basket exception discussed tional medicine, As viders catalogues between of the services. in certain dy S60 in Poland. is the The central legislative government, I EurJ Health Econom Suppl 1 2005 care is a wide sometimes area, and o 1990 (Ustawa ubezpiecze i ich rodzin, z p?zn.zm.) decrees. is a pri which medicine, system, to according of employers, arrangements Mental health abuse Infectious tion and on vided ?i substance disorders diseases, covering services, sub preven partly pro basis. mandatory Prisoners suf and problems. treatment a abuse, for persons from mental fering stance _ and benefits comprising and foreigners centers, covering residing all necessary interventions in for persons with limited freedom. Q Table 2 describes the kind of document that regulates the benefit basket in each subsystem and the level of precision in de termining the basket, which refers to the distinctions mentioned care Health to it and which, below. in defining supreme areas of health law and law precise, 3 the most above (1 the least precise). it isdifficult to define which actions belong is occupa the benefit basket Parliament ? medical rity. For Roles of partners -. system. The are later placed the NHF and the pro insurance health from insurance funded closed Definitions of the benefit basket payment out-of-pocket related chasing health services and goods within the universal functions insurance grudnia insur health services and often prevention covering some forms of care. health outpatient re Rescue benefits system, comprising on national from regulations sulting rescue services. and rescue system are timated as 30% of the total health expen with minor social of prepaid catalogues professionals. as to the procure appendices published ment in the process of pur documentation farmers' vately the mo social social by is a which OECD definitions, often in the form NHF protectorate and with participation of providers re the 10,000 but here Occupational was under system. it contains regulated and formalized in 2005 although documen system, than concept 20 in the rolnik?w spolecznym z i998r. Nr 7 poz.25 Dz.U. to exist the list of of defining until recently, a formalized of set process The "products" in contracts expen expenditure surance. insurance niu (so-called In some of the Acts included inO Table 1 of its role z dnia ing legal provisions. The NHF defines catalogues of services are which purchased "products") institution insurance that im the health by in health universal plements mandatory cause ance, chambers upper law and Procurement Social wider ed to health protection. The Sejm drafts laws thatmust be approved by the Senate and signed by the President. The Govern (e.g., primary mentions which the regu re system, insurance lated decrees. the Constitution, adopts its provisions dedicat with others, among session and (lower of Parliament), care) ? i.e., a joint presented tation belongs to this system, which is not a legal act but is discussed here be Regulations/de the area determined the government insurance lated by health establish their ministries. health Social regards to the benefit basket, theNational Senate to which rights of Assembly, Semiexplicit: That which outlines a certain each Acts individual areas: lowing by the specific law, and they are issued by ? re regulations in Q Table 1 are aggregated here into fol mechanisms, regulations/decrees respective the acteristics; legal principles while their their garding the benefit basket and their char com and agencies land with its adminis through tration public For pres it is available. specting (in theory) a subsidiary principle, regulates the activities of both individuals bo re tional classification cation for Health to social for example, the present study, the OECD secu Classifi (International Func Accounts-Health tions) was used to define boundaries of the health care system. Q Table 2 presents areas/subsystems of health care Social health insurance system func in Po Most health ered within tem, which detail. After jor changes services the social we and health therefore are deliv goods insurance sys discuss debate lengthy in the law and in 1997 in more two ma and 2003 Table 1 List of documents 1. Health law insurance Decree on dental Decree on basic and supplementary pharmaceuticals on pharmaceuticals ill for chronically Decree care Explicit Semiexplicit + + + - + - + - Decree on prevention + - Decree + - Decree on prevention services, school medicine on medical good and materials Decree on medical + Decree on spa therapy services on highly specialized procedures Decree Services services 2. Mental health 3. Social 4. Farmers social 5. Penal vices excluded tions gery law with rescue system services law law Decree on prevention measures for employees Decree on prevention measures for self-employed 12. Occupational law medicine Decree on occupational medicine in defense + services + in internal affairs medicine on occupational + in penitentiary medicine on occupational in National medicine diseases provided it that Moreover, and Railways + The as of employees with Regula On the basis of these reg previously legal presented the so-called defines are that purchased ca of health catalogue a number of parts/ includes The in Q presented of catalogue in a uniformed Table services way to various set of appendices tracts with various immunizations that person in accordance products" products insured services the NHF chapters, of treatment these provisions lished immunization was services unless "contracted re law groups but 3. is not pub as a rather models of con It of providers. is published in electronic form usually in law on obligatory Decree the means the costs abroad 1408/71/EC. ulations services 14. Road traffic of these law, which of an in the scheme. on va tas by Parliament. reimburse incurred were services on obligatory gen of nervus treatment list of to the ratified not tion on occupational full diagnostics are and others Decree and treatment also according toArticle 25 of theAct, theNHF does or Decree sur treatment illness, but and A appended must be code 13. Infectious vac cosmetic stimulation diagnostics treatment. law 10. Rescue Decree list of ser te disorders, hyperbaric chamber in SM 9. National Decree accommodation injury, operations change Pa cov in the compulsory for malformation, law 8. Law on foreigners Decree must and plastic package, it is not necessary when gus, 11.Labor funds. homes the guaranteed pub such as vaccina basket, included of epilepsy abuse public from service not which is a negative There lic health code 7. Drugs separate at re at the or prosecutor, by themselves. statements court nursing residing er the cost of food and measures insurance abuse required medical other of for a driv expertise the public cover not obtained tients decree 6. Alcohol and from does as reimbursement of certificates quest are covered der Missing basket cination on rehabilitation Decree financed such services, of law insurance funds, the benefit services ing license or forensic law protection care the cost documentation procurement health some + + benefits transportation Implicit 16 of the Act on to Article According the benefit basket and its level of explicitness determining drivers health tests of October the year the preceding year of contracting. Q Table 3 was developed of an official of the publication an of a prod and presents aggregate of NHF internal doc list from a variety on a basis NHF and the Law re services was 210, in 2004 adopted health insurance 2004, pos. the beneficiaries, surance the entire vices. from rights, range Publicly into 22 different laws replace (Letter i.e., EU the gained of available citizens right health services categories, of existing no. law with in to access care ser are divided for example, agnostic tests ry diagnostic, Issue the new 2135). Under funded resources public to ca on health of 27/08/2004 funded di tection, prevention early detection pulsory laborato medical including at health pro services aimed of diseases of diseases, vaccinations, re, outpatient specialist tient care. The Minister eral legal obligations and including primary services, of Health for issuing injuries, com health and has uct uments. payment parts inpa sev form the regula logic the way of products in which and monitoring nomencla it is used purposes. for Some are in the of the catalogue published and are of legal acts and appendices into contractual rewritten for conditions, ca tions partially forming the benefit basket. These are specified inO Table 1. The ture reflects example, dentistry, spas, and medical prod ucts (including orthopedic) while others are developed fully by the NHF experts. EurJHealth Econom Suppl 1 2005 I S61 Original Papers Table2 Benefit basket and an explicitness 1 least precise, 3 most precise) in distinguished of its description areas (L Jaw,R regulation, A nonlegal Social Social Occupa Rescue Mental health insurance tional system health insurance system medicine system document, Infectious Prisoners, diseases foreign and ers under substance state care abuse L R A HC.1 Services HC.1.1 curative Inpatient Basic medical L R A L R A L R A L R A 3 3 1 - 2-3 1 - - 1 - - 3 care and 1 - services diagnostic HC.1.3.3 L R A care HC.1.3 Outpatient HC.1.3.2 2 care HC.1.2 Day cases of curative HC.1.3.1 L R A care of curative care Outpatient dental All other specialized 2 3 3 2-3 care health HC.1.3.9 All other curative care HC.1.4 Services outpatient of curative home 2 care HC.2 Services HC.2.1 of rehabilitative care - - rehabilitative care 1 1 2 3 1 - 3 Inpatient HC.2.2 Day cases of rehabilitative ___ - ___ ___ ___ i 1 1 care HC.2.3 Outpatient care HC.2.4 Services rehabilitative 1 of rehabilitative care home HC.3 Services of long-term care nursing HC.3.1 Inpatient long-term care nursing HC.3.2 Day cases of long-term nursing care HC.3.3 home Long-term nursing care: care HC.4 Ancillary care services HC.4.1 Clinical Patient and emergency 2-3 laboratory HC.4.2 Diagnostic HC.4.3 to health 1 imaging transport 2 2 2 3 - 2 rescue HC.4.9 All other miscellaneous services HC.5 Medical goods dispensed to outpatients HC.5.1 Pharmaceuticals and medical HC.5.1.1 S62 nondurables Prescribed medicines I EurJ Health Econom Suppl 1 2005 2 3 - 2 - Table2 (continued) Benefit basket and an explicitness 7 least precise, 3 most precise) of its description areas (L law, R regulation, A nonlegal in distinguished Social Social Occupa Rescue Mental health insurance tional system health insurance system medicine system document, Infectious Prisoners, diseases and foreign ers under substance state care abuse L R A HC.5.2 Therapeutic medical durables HC.5.2.1 Glasses devices L R A L R A L R A L R A L R A L R A and and vision prod 2 3 and 2 3 ucts HC.5.2.2 Orthopedic other devices prosthetics aids 2 3 HC.5.2.4 Medicotechnical 2 3 2 3 HC.5.2.3 Hearing devices, incl. wheelchairs HC.5.2.9 All other miscellaneous medical durables HC.6 Prevention and public health services HC.6.1 Maternal HC.6.2 School and child health 2 2 3 2-3 services 2 2 3 2-3 2 health HC.6.3 Prevention of communicable 12 3 of 1 2 3 3 3 diseases HC.6.4 Prevention noncommunicable diseases HC.6.5 Occupational 1 2 care health - HC.6.9 All other miscellaneous health public Other services dations oblige theNHF to finance it, as in schemes the case of infectious A number of laws the other regulate teristics of the remaining are that schemes they usually rely on public funds and imple ment social and public policy in delivering services and to various goods population private funds, for example, tionalmedicine which obliges employers to certain provide ees. The special kind to of services regulations often employ on focus underprivileged populations, such as the mentally ill and alcohol and drugs addicts, to make sons them. available who necessary would It is interesting otherwise to note services not to per regulations regarding ben health efits to which various groups in Poland The range of available fits is clearly quite wide, and the justifica varied. for are also entitlements respective in both However, public and pro fessional opinion there is no such a thing as the "benefit basket" in Poland [1].This is also frequently the reason adduced to explain why the health system works so poorly. of the functions specified in these special reg system fit basket a way basket and professionals There is no systematic in research appeal clearly for the provision for different of a bene reasons: strong many pa patients demand more which necessary, ered bene this area, but the different parties in the receive that many trative benefit rights, make benefits This study presents the legal and adminis tions occupa their to se have claimed that the lack of explicit listing of Discussion are entitled. groups. Some of the schemes obligatorily engage cure sche mes providing services and goods to Polish inhabitants (seeQ Table 1 ).General charac tients who feel lost in the system see in the envisioned diseases. then under places physicians to and perform prescribe cov services that are not eventually ex the On the other hand, payer. by pressure plicit formulation in the insurance controversies medical of "products" system creates and criticism procedures purchased substantial because some are omitted. In 1999-2000 theMinistry of Health and Social Welfare publicly expressed its to the development commitment of a de fined basic benefit basket. This propos al was hotly disputed at the time, with a number of groups because it was often the concept opposing seen as a way of lim EurJ Health Econom Suppl 1 -2005 I S63 Original Papers Table 3 care Primary Outpatient care, surgical Outpatient care, medical SHAcategory Characteristics HC.6.2, HC.6.3 and internal medicine Provided by general practitioners, specialists. pediatricians, nurses Contains also school and midwives. The care is supported by general-practitioner nurse activity HC.1.3.3 Contains approx. HC.1.3.3 Contains consultation and HC.6.1, diagnostic care, diagnostics care, general Hospital HC.4.2 Contains HC1.1 Contains 50 invasive (surgical) procedures services tests that must 22 imaging Contains nuclear medicine care, oncological HC.1.1, HC.1.2 Contains chemotherapy care, nononcological HC.1.1, HC.1.2 Contains for nononcological chemotherapy and day care provided therapies, (with invasive surgical therapy) HC.1.1, HC.1.2 nuclear care-radiology, a set of with together cost separately care cases; both hospital (conservative care physicians by outpatient care physicians, at their own them by financed procedures and medical provided of outpatient be provided 1400 different approx. procedure) Hospital and short HC.1.3.1, diagnostics Outpatient by SHA categories by National Health Fund with classification Categories of "contracted products'' purchased description, valid for 2005 or without with hospitalization medicine Hospital care and day care in hospital both of neoplasm, therapy Hospital in hospital therapy Dentistry, children Dentistry, general women pregnant Dentistry, Contains approx. 40 procedures available to children HC.1.3.2 Contains approx. 70 procedures available to all insurers HC.1.3.2 Contains services that are available Contains rehabilitative both services contracted Separately in inpatient Contains rescue and emergency HC.1.2 Contains approx. and substance Psychiatric abuse HC.1.1, HC.1.3.3, therapy Contains services HC.2.1, HC.2.2, Contains rehabilitation HC.2.3, HC.2.4 classified of settings), (a category services, air and ground both services, mainly in day care provided etc.) therapy, provided in spas by psychiatrists, in all kind of settings care Contains HC.3.1, HC.3.2, provided and physiotherapists, by physicians long- term nursing care and hospices, care, but also palliative in all kinds of settings HC.6.4 promotion services in all kinds of settings HC.3.3 Health oxygen available HC.1.2 Rehabilitation Long-term transportation 20 not otherwise (incl. hemodialysis, women manner and ambulatory HC.4.3 services both (up to 18 years) only for free to pregnant and treatment B), provided (e.g., hepatitis HC.1.3.2 SpasHC.2.1, HC.2.3 Emergency cases Contains prevention and early detection programs made was for noncommunicable diseases and prevention iting available health care and thus saving money. The debate prompted theMinistry to seek outside consultants' ject was aimed ing the range in the form assistance advice. at The consultation "verifying of services and purchased of pro arrang by the Health Funds" regarding determination of the range of guaranteed services, the so called basic benefit basket, with specifica tion and terms of their provision [2].The formulated vices were range and expected of ser description to serve as the basis for the Health Funds in drafting contracts with service ed to serve S64 providers. as a tool for It was also performance I EurJ Health Econom Suppl 1-2005 ment of particular Sickness Funds, by the Health Insurance Supervisory Of fice and theMinistry of Health. In January 2004 the Polish Constitu tional Tribunal announced its finding (Trybunal orzeczenie, Konstytucyjny 7 Jan uary 2004, r. (Sygn. Akt K 14/03) that the existing health law was insurance sufficient the precision may scope expect of services from tional health system asmentioned Constitution ("Conditions and the na in the scope of intend services will be detailed in the appropri assess ate law," Paragraph 62). The Government i year approx. a new to prepare the new In formulating ferent were possibilities was tain a list of medical are in the performed considered dif law many considered. the that suggestion was uncon stitutional because it failed to define with that beneficiaries given law to fulfill this requirement. law One con should procedures which This system. unrealistic, idea es however, pecially because of the short period avail able for drafting the law. There were strong must voices distinguish se services charge to the effect within that are the that some clearly between provided system fully and those one tho free of that must be paid for either partially or in full by made was the patients. This differentiation a group of assembled by experts by the Minister also cept a of make cal the would assessments technology interventions of medi in the participate on inclusion process and decision-making exclusion and establishment which institution, special [3]. The con of Health considered of the in the interventions benefit basket for universal health insur ance. because Finally, was there no pre vailing opinion as to the final role of the assessment technology not established. it was institution, the Minister However, of Health was required by stipulations in the last paragraph of the insurance law to "undertake zational whose structure, to make health medical to to establish efforts technology with procedures, which procedures, by chasing in insurance an organi task would be assessment of special were regard to pur Fund." subject Certain changes law, namely attachment the of a list of excluded procedures, together with a promise to establish an institution of health the legal and Constitutional Corresponding Adam solved assessment, technology controversy between Parliament Tribunal. author Kozierkiewicz Jagiellonian University Crakow, Poland Medical College, e-mail: [email protected] Acknowledgements The results presented here are based on the Benefits and Service Costs in projecf'Health is funded by Europe-HealthBASKET" which the European Commission within the Sixth Framework Research Programme (grant no. SP21 -CT-2004-501588). References 1. Golinowska S, Kozierkiewicz A, Sowada C (2004) Poza_dane kierunki zmiany systemu ochrony zdro wia w Polsce. Miedzy racjonowaniem i racjonaliza 2. cja,.CASE,Warsaw 2004 Banta D, Chapman S (ed) (2002) Standard of health services purposed in the national health in surance system. TNO prevention and health. Min istryof Health 3. Wbdarczyk (ed) Zesp?t ds. Systemowych Przeksz tafcen w Ochronie Zdrowia (2004) Propozycje zmi an w polskim systemie zdrowotnym. Ministry of Health, Warsaw EurJ Health Econom SuppM-2005 I S65