MEDICAL DEVICE PUBLIC TENDERS IN GREECE FOLLOWING THE ESTABLISHMENT OF THE PRICE INDEX OBSERBATORY

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CONTENTS

Legalization of Public Expenditure BEFORE the Price Index

Legalization of Public Expenditure AFTER the Price Index

Approvals & Audits of Payment Orders by the State Council

Ι. Historical Data on Greek Public Tenders (2010-2013)

ΙΙ. A Few Remarks

HISTORICAL DATA ON GREEK PUBLIC TENDERS 2010-2013

Before the Price Index

AFTER the Price Index (Law 3846/2010 Αrt.24 & Law 3867/2010 Αrt.27)

Law 3984/2011 Αrt.66 par.28

Law 4025/2011 Αrt.44 par.3

Law 4174/2013 Αrt..69

Law 4052/2012 Αrt.14 par.9 Ν. 4118/2013 Α4 παρ.3

Legalization of Public Expenditure under the condition prices have been harmonized with the lowest prices of local market and

approved by the PPHS (Public Tenders’ Program in Health Services)

Law 3867/2010 A27: Legalization of expenses from 1.1.2005 to 28.6.2010

From 3.3.2011 to 2.11.2011

From 28.6.2010 to 2.3.2011

From 3.11.2011 to 1.3.2012

From 7.2.2013 to 26.7.2013

From 2.3.2012 to 6.2.2013

PUBLIC EXPENDITURE APPROVALS AND COURT OF AUDITS

Court of Audits 61/2012

“The latest extent of legal provision (Art.66 § 28 Law 3984/2011) is much wider than the scope of the prior one (Art. 27 § 9 Law 3867/2010) ... Thus, it is unjustified the repetition of the same illegal procedures and practices aimed to cover Art. 27 § 9 of Law 3867/2010 on behalf of the Public Hospitals.... The provisions of Article 66 § 28 Law3984/2004 are contrary to rules of law overlying legislative power and cannot legitimize costs mandated by audited payment orders even if they satisfy the conditions of its implementation…”

Ε

Court of Audits (Plenary) June 20th 2012 (relevant majority)

“According to provision Art. 66 of Law 3984/2011 § 28 there is no attempt to reverse the legal rules applicable in the EU and national law and governing the award of procedures of their supplies. This provision is excellent ... Serves the ultimate and overriding public interest .... given that payment is foreseen only for those of the above costs aligned with the market’s lowest prices, regardless of the price at which the relevant purchases were assigned and therefore, it is about a compromise settlement of economic disputes between hospitals and their suppliers, with advantageous for these conditions…”

Court of Audits 24/2013 revocation of Decision no. 12/2013 (IV Section)

“Not authorized costs related supplies on direct awards of medical products ,medicines and services for which no

prices are recorded in the Price Index (material’s cases with accompanying equipment?) but in this case the Administration body acted not with the intention of circumventing the existing provisions but to mistakenly defense of the public health good…” (!)

A FEW REMARKS

Where to focus…. What we notice…

Επίπεδο 3

Επίπεδο 4

Overregulation

Deficit in Public Hospitals Infrastructure. PC Systems? Logistics? Consignment of goods…

Lack of knowledge of the public procurement market system? Supplier Registry? Price Index Database…

Lack of coordination between the public bodies? Control mechanisms?

Late Payments! As already known, payments take place only following Legislative Regulations…

Operations

The Law

Supplier incapacity

Monitoring

Planning