Psychiatric reform: Objection of unconstitutionality rejected

The objection of unconstitutionality submitted by SYRIZA and PASOK against the article of the Ministry of Health “Strengthening of public health structures by private providers and private physicians to address needs that may endanger public health – Enabling provision – Amendment of article 56 and replacement of par. 11 of Article 71 of Law No. 4931/2022”. The article in question (Article 65) has been included in the bill on “completion of the psychiatric reform”. The objection was voted against by the opposition MPs.

This article stipulates that “private physicians employed in any employment relationship in health care units contracted with the National Organization for the Provision of Health Care Services (EOPYF) or who are themselves contracted with EOPYY, undertake through the aforementioned contracts the obligation to provide health care services to address needs that may endanger public health, if requested and only for the absolutely necessary time.

Such services shall be provided on a part-time basis, since the advertisements to fill the vacancies have been fruitless, and the expression of interest by private physicians to fill the vacancies has been fruitless.” It also stipulates that ‘if private providers or private doctors contracted with EOPYY refuse to provide services, their contract with EOPYY is terminated. In addition, private physicians who refuse to provide services in application of the above paragraphs, whether they are contracted with EOPYY or not, are denied access to the Electronic Prescription System (EPS) of the joint stock company called “Electronic Governance of Social Security” (EDIKA SA).”

“You of SYRIZA, PASOK, New Left, Plyris Liberty, KKE, you say that if there is no other solution, and if the notices have come out barren, private doctors should not go to support the system. We of the New Democracy vote if all conditions have been exhausted and no other solution has been found, then in this case, as the Constitution stipulates, the private work of free work is subordinated, for a limited period of time, and under certain conditions, to the superior good of universal access to public health for every citizen, “said the Minister of Health, Adonis Georgiades and added: “We here in New Democracy, as a genuine people’s party of this country, are the only party that defends the last poor fellow citizen, against all you hypocrites of the left who finally today, come here and defend private interests!”

The article is constitutional, refers to exceptional circumstances, will be in force for a limited time, respects the principle of proportionality, the health minister said and stressed: “But we are not constitutionalists here. We are parliamentarians. And in my political career, Mr Nikitiadis (PASOK MP), since I am talking about Kos, I want people to know that Mr Nikitiadis, for example, is leaving the people of Kos without a doctor! That is what he prefers with his vote today! Nikitiadis prefers the residents of the island of Kos not to find a doctor than not to oppose Georgiades! That’s how great a politician he is”!

The opposition opposes the decision

Earlier, PASOK parliamentary representative Dimitris Mantzos, elaborating on his party’s objection of unconstitutionality, said that the article introduced by the government impinges on the freedom of contract (Article 5 of the Constitution) and is not in line with the right of patients to choose their doctor, in the context of the protection of autonomy and the protection of human dignity (Article 2 of the Constitution) and the functioning of the Social Security system (Article 22 of the Constitution). He also said that depriving doctors of the electronic prescription system does not so much affect doctors, but affects the patients for whose benefit this system exists.

SYRIZA parliamentary spokesman Theofilos Xanthopoulos said that the understaffing of the NHS, which is a standing issue, is an alibi for the government to introduce an additional barrier. He also said that the sanction to ban private doctors from accessing the electronic prescription system has an essential beneficiary, the citizen who will not be able to benefit from this service.

The parliamentary representative of the New Democracy party, Thanos Pleyris, accused the opposition of hypocrisy. “During the pandemic your proposal was to requisition private doctors without paying them. You were telling the government that it was giving a gift to the clinics and private doctors who were giving them a bonus and you were asking for a bonus and without payment. And you come to say today unconstitutional a measure that the state withdraws from the right to a bonus and in absolutely exceptional circumstances, comes with a very specific framework to call them to support the system, “said Thanos Plevris.

Spartans parliamentary representative Ioannis Kontis said his party would support the objection of unconstitutionality. However, he wondered, clarifying that this is his personal position, why parties should side with the interest of private doctors today.

The president of the Electorate of Freedom, Zoe Konstantopoulou, accused the government of trying to hide its own responsibilities for the situation in the NHS today. “The citizens who live their daily lives in hospitals, as patients, as relatives of patients, nurses, doctors, auxiliary and other staff, know very well that you are not to blame for the abandonment of public health care because of some private doctors, who you want to requisition,” said the president of Eleftherias Eleftherias Eleftherias, adding that the right to requisition is not a general discretion of the state for forced labour. The requisition is acted upon when it comes to natural disasters and emergencies, she said.

Nikos Vrettos, the parliamentary representative of Victory Party, said the government continues to restrict constitutional rights of citizens and that the objections of unconstitutionality are both valid and substantial.

New Left parliamentary representative Nassos Iliopoulos said the government is making an abusive interpretation of the right to garnishment. “Here we are talking about fixed and permanent needs. You know that they are fixed and permanent needs and you baptize them as ‘extraordinary risks to public health’.” What is traditionally a public health risk is the policies of New Democracy,” he said.

Hellenic Solution parliamentary spokesman Konstantinos Boubas said the government clearly aims to privatize health care.

The parliamentary representative of the KKE, Thanasis Paphilis, denounced the strategy of privatization served by all parties that have governed. “It is EU policy and that is why you do not say a word,” the KKE parliamentary representative said.

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