Turkey has introduced regulations outlining principles and
procedures for financial arrangements between health care service
providers ("Service Providers") and the
Social Security Institution
("Institution"), including supplementary
arrangements. In particular, the new requirements for the
agreements or protocols aims to provide high quality and accessible
health care service, in line with common medical rules.
The Regulation on Drafting and Concluding Social Security
Institution's Medical Services Purchase Agreements/Protocols
("Regulation") was published in Official
Gazette number 29665 on 26 March 2016, entering into effect on the
Key aspects introduced by the Regulation include:
The Institution must draft
agreements/protocols, except for certain stated exceptions.
Agreements/protocols become valid
once the following has been obtained:
Approval by the Institution.
Approval by the competent public
The Institution chooses the Service
Provider to purchase health care services from and determines rules
regarding such purchase.
Agreements/protocols must include
provisions requiring the Service Provider to act pursuant to
relevant confidentiality legislation regarding information about
persons and the Institution.
Transferring operational rights
(including leasing) will be deemed to be a transfer of operations.
The transferor and transferee will be jointly and severally liable
for the debt owed to the Institution.
Agreements/protocols cannot be
shorter than six months.
Any agreement/protocol concluded after 26 March 2016 must comply
with the Regulation's provisions. The Regulation does not apply
to agreements/protocols which are already in force.
Please see this link for the full text of the Regulation
(only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter
produced by Moroğlu Arseven.
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