NATIONAL HEALTH FUND – DECISIONS
The President of UOKiK has issued two decisions stating that the National Health Fund
(NFZ) was discriminating its potential contractors. The challenged practices relate to
concluding agreements on magnetic resonance and computer tomography services. The
fines imposed on NFZ have totalled over PLN 361 thousand
[Warszawa, 10 January 2014] The National Health Fund is the only entity which has the
right to manage funds collected from health contributions. Providing health care services
to patients under the common health insurance system and getting the refund is possible
on condition that a contract with NFZ has been concluded. Due to the fact the National
Health Fund enjoys a monopoly on the market of state-funded health care services, in the
light of binding provisions it is not allowed to abuse its position to restrict competition.
The first of the issued decisions relates to practices of NFZ concerning the evaluation of
bids submitted by undertakings willing to provide magnetic resonance and computer
tomography services. The proceedings were instituted in April, 2013, following the
complaint of one of NFZ’s contractors. The Office challenged one criterion applied by NFZ
when evaluating bids of potential service providers, i.e. the number of magnetic resonance
and computer tomography (CT) treatments provided per year. Since the year 2011, these
undertakings who provided anually 5 thousand resonance and 2.5 thousand of CT
treatments, would score more points than other competitors. In the opinion of UOKiK, this
may discriminate a part of entities willing to enter the market of providing magnetic
resonance and computer tomography treatments as well as those entities operating on
strongly competitive markets, where they cannot reach the indicated threshold. On the
other hand, the practice of NFZ may put in a privileged position large entities providing
hospitalisation services as well as big health diagnostics units. Although it is not the only
applied criterion for evaluating bids, this can powerfully stop some undertakings from
providing services. For applying criteria which can prove discriminatory to some
potential contractors, the National Health Fund was imposed a fine amounting to PLN
181 318. Also, the President of UOKiK ordered to discontinue the anticompetitive
practices.
The second decision regards the practices applied by a regional branch office of NFZ. The
proceedings in this case were instituted following a complaint filed by one of contractors
in October, 2012. The Office looked into the bidding procedure for the provision of
magnetic resonance ambulatory tests held by Dolnośląski Oddział Wojewódzki Narodowego
Funduszu Zdrowia (NFZ’s unit in Dolnośląskie voivodeship), which revealed that the
number of points scored by particular undertakings had not actually corresponded with the
allocated funds. For example, one entity scored in the bidding 42.90 points and was given
approx. PLN 260 thousand, whereas another entity was given over PLN 940 thousand for
36.55 points.
UOKiK discovered that only 10% of funds was awarded based on points scored in the
tender. The remaining part, 90%, was earmarked in line with criteria, which were
previously unknown and not possible to predict based on the announcement. It was a real
challenge for bidders, the new ones in particular. This practice was discriminatory to
entities willing to enter the market and also favourable to the previous contractors of NFZ
– the previous cooperation with NFZ was within the pool of evaluation criteria. This way
practices
applied
by
the
monopolist
impeded
competition
between
medical
establishments. The contested prohibited practice, which lasted from the beginning of
2011 to August, 2012, consisted in division of funds which was not related to the points
scored in bidding and failure to inform in advance on the way the funds would be
disposed. For the abuse of a dominant position, the National Health Fund was imposed a
fine amounting to PLN 180 059.25.
The presented decisions are not final. NFZ may lodge an appeal against them.
These have already been subsequent decisions of the Office concerning the abuse of a
dominant market position by NFZ. For example, in 2009 the President of UOKiK stated that
the entity was treating its previous contractors in a favourable way by determining the
criteria for evalution of bids submitted by undertakings willing to provide health care
services. Then NFZ was imposed a fine exceeding PLN 1.14 mln. The decision was upheld
by higher instance courts. At present UOKiK is conducting 3 proceedings concerning the
conduct of NFZ.
Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Tel.: +48 22 827 28 92, 55 60 314
Fax: +48 22 826 11 86
E-mail: [email protected]