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Georgiev, Todorov & Co. Successful for Sofia Hospital in Dispute with Bulgarian National Health Insurance Fund

Georgiev, Todorov & Co. Successful for Sofia Hospital in Dispute with Bulgarian National Health Insurance Fund

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Georgiev, Todorov & Co. has successfully represented Sofia's Acibadem City Clinic Multidisciplinary Hospital for Active Treatment Tokuda EAD in a claim against Bulgaria's National Health Insurance Fund for payment for medical care provided by the hospital to health-insured persons above the limits set by the NHIF.

According to Georgiev, Todorov & Co., on July 15, 2020 the Appellate Court annulled the lower court's decision and "ordered the NHIF to pay MHAT Tokuda the due remuneration for hospital medical care provided on clinical paths, medical and ambulatory procedures over the monetary limit set for April, November, and December 2016, as well as for the period March-December 2017, along with the statutory interest until the final payment of the amount."

"The court’s decisive reasoning centers on the Constitution of the Republic of Bulgaria and the Health Act," the firm reports, "according to which the formation and implementation of a health policy is an obligation of the state, and the inviolable right of every Bulgarian citizen to affordable medical care in compliance with the principles of timeliness, sufficiency, and quality of the medical care."

Finally, Georgiev, Todorov & Co. reported, "according to Appellate Court – Sofia, it is inadmissible, through the use of the sovereign position of a state body – NHIF, and as a result of lack of proper planning of the expected costs, to limit the rights of citizens guaranteed by law for access to timely and quality medical care in a medical institution chosen by them. The hospital owes provision of medical care to all health-insured persons, who have requested it regardless of whether the set limits have been reached or not. Any different interpretation and application of the law would lead to unclear and in any case negative consequences for the health of patients, as the timeliness of medical care is a clearly defined guarantee of good healthcare in all relevant regulations."

The firm's team was led by Managing Partner Ivan Todorov, Attorney Maria Derelieva, and Junior Attorney Margarita Ivanova.

Bulgaria Knowledge Partner

Schoenherr is a leading full-service law firm providing local and international companies stellar advice that is straight to the point. With 15 offices and 4 country desks Schoenherr has a firm footprint in Central and Eastern Europe. Our lawyers are recognised leaders in their specialised areas and have a track record of getting deals done with a can-do, solution-oriented approach. Quality, flexibility, innovation and practical problem-solving in complex commercial mandates are at the core of our philosophy.

Firm's website: www.schoenherr.eu

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