Admissibility of Claims of Independent Public Healthcare Facilities against the National Health Fund for Reimbursement of Expenses Incurred Through the Execution of the So Called Lex 203 Act

Abstract

The article deals with the legal basis for enforcement of claims by independent public healthcare facilities against the National Health Fund (NFZ) due to the execution of the act of 22 December 2000 on changing the law on the negotiation system of controlling the increase of average salary paid by entrepreneurs and on changing selected acts and the act on healthcare facilities (J.L. of 2001, No. 5, it. 45). The act, known as Lex 203 Act, introduced a pay increase for workers of public healthcare facilities without naming the sources of funding. The author makes an assumption that several liability for the execution of the act rests upon the aforesaid facilities and the NFZ, and the liability of the latter is restricted to the assets that remain after the health benefits guaranteed by the Constitution have been provided.