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The services have not been performed, but the dialysis concessionaire has received more than 115 million ALL payments

2022-05-04 08:47:13Investigim SHKRUAR NGA REDAKSIA VOX
The services have not been performed, but the dialysis concessionaire has
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The dialysis concessionaire has received 115 million ALL for outstanding services.

The concessionaire company has managed to benefit payments for dialysis service in two regions of the country, Korça and Elbasan for periods when the service in the regions in question did not exist, according to an audit conducted by the Supreme State Audit (KLSH) in the Insurance Fund. Compulsory Health Care (FSDKSH).

The benefit of the payment was made possible thanks to a final decision taken by the Administrative Court of Appeal.

The dispute between DIFKSH and the concessionaire is related to the date of commencement of payment for dialysis centers in the regions of Korça and Elbasan, where the Fund has implemented as the commencement date of payment, dates officially notified by MSHMS, for commencement of activity in each of the centers, respectively for the Region of Elbasan on 27.03.2017 and for the Region of Korça on 21.04.2017.

The Concessionaire claimed that the payments should start from November 1, 2016 (according to the concession contract), despite the fact that the service did not exist: that is, for the period 01.11.2016-27.03.2017 for the Region of Elbasan and 01.11.2016 -21.04. 2017 for the Korça region.

The concessionaire company has argued its claim with the fact that the delays in the operation of dialysis centers for the Korça and Elbasan regions are related to the delay in clarifying the construction permits and claiming responsibility for these delays on the part of the contracting authority.

DIFKSH claims that it was not aware of the existence of the court decision and did not participate in the development of the court case conducted in the first instance and on appeal and that it became aware only when the other party started the application of compulsory execution procedures.

Invoices issued by the concessionaire that are the subject of the court decision do not include service provision, as the dialysis service centers in Elbasan and Korça were not operational during the billing period. The lack of service is also ascertained by the official correspondence between the parties, when the concessionaire announces the start of service only in 2017.

Article 3.8.1 of the concession contract states that “… To remove any doubt, the start date of the concession will start only at the moment when the last health center will start providing the service, regardless of the fact that the service may have started in other centers before this date ”.”.

The tax invoices subject to trial have not been accepted by the Regional Directorates of the Fund and are not signed, while the Concessionaire has invoiced DIFKSH, although through the relevant documents mentioned above has been unable to provide service in the regions and according to the respective periods, as there were neither the means nor the facilities to provide the service.

Dialysis service, during the time that the concessionaire has billed, has been provided by public hospitals with budget funds allocated to them and the payment of these bills has led to dual use of budget funds for the same patients, where in the case of funds billed by the concessionaire , the service is not provided at all.

Thus, the steps for resolving the dispute amicably under the dialysis concession contract have not been exhausted and at the same time the invoices submitted by the concessionaire to the competent courts at the time of invoicing have not been challenged.

On the other hand, the contracting authority, the Ministry of Health and the contracting authority of the contract (FSDKSH) were aware of the problems created and did not take appropriate measures to address them in time and by not reacting in the form specified in the concession contract. and financing.

As a result, budget funds were received for incomplete service and referred to point 10.1 of the financing contract where it was stated that “The cases when after the payment to the concessionaire it is confirmed that the claimed services have not been performed constitute economic damage to the Fund. In these cases the concessionaire will pay the full value of the damage found. The return of the value of the damage is made immediately by the concessionaire himself or deducted from subsequent payments until the amount is completed. ”

Based on the above provision, DIFKSH should have taken measures to recover the amount that the concessionaire has benefited for services it has not provided.

The Dialysis Service was granted a concession in early 2016, for 10 years. The winner was DiaVita worth ALL 8.6 billion. According to the contract with the government, DiaVita would provide dialysis service in 5 centers near hospitals, respectively in Lezha, Shkodra, Korca, Vlora and Elbasan. In June 2019, the hemodialysis concession was sold by Dia Vita to Diaverum International AB. This transaction was not approved at that time by the Competition Authority. The decision made public by the Competition Authority at the time underlined that the reason why the authorization for the realization of the concentration was not given is the non-fulfillment of the conditions required by law. According to the Competition, the law sanctions two criteria, the first of which is the benefit of control and the second is the turnover it must have in the previous financial year. Both of these must exist simultaneously, they are cumulative. The second condition related to turnover is not met by the purchasing company as in 2018 its turnover was zero.

 

 


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