OREANDA-NEWS. September 17, 2010. The Federal Antimonopoly Service (FAS Russia) found that the Government of the Zabaikalye region violated Part 1 Article 15 of the Federal Law “On Protection of Competition”. The Zabaikalye Government restricted access of “No.107 Clinic” Federal State Unitary Health Care Institution of the Federal Medical-and Biological Agency (further on referred to as No.107 Clinic) to the market of medical services rendered as part of the 2010 Programme of State Guarantees for Providing Free Medical Care to the Citizens of the Russian Federation in the Zabaikalye region, reported the press-centre of FAS Russia.

Earlier No.107 Clinic, which provides medical services to the residents of the Krasnokamensk district, filed a request to the Government of the Zabaikalye region to include the Clinic in the list of economic entities participating in the regional programme of mandatory medical insurance. The Government of the Zabaikalye region dismissed the request of No.107 Clinic. According to the Government of the Zabaikalye region, within the regional system for mandatory medical insurance in 2010 the standards and types of medical care for residents of the Krasnokamensk district, the Zabaikalye region, are fully provided by state and municipal health care institutions – “No.4 Regional Hospital” and “Central District Health Centre”. Therefore, there is no need to No.107 Clinic to participate in the regional programme of mandatory medical insurance.

Investigating the case, the FAS Russia’s Commission has found that such actions of the Government of the Zabaikalye region not only infringe legitimate rights of No.107 Clinic to participate in 2010 regional programme of mandatory medical insurance, but also restrict the civil right to choose a medical institution, where citizens can be given free medical assistance.

By including private medical institutions in the list of medical institutions, operating within the system of mandatory medical insurance, on the basis of their business legal structure, the Government of the Zabaikalye region violated the existing law, in particular, Article of the Federal Law “On Protection of Competition”.

The Standard Rules for mandatory medical insurance approved by the Director of the Federal Mandatory Medical Insurance Fund also specify general requirements to the Rules for mandatory medical insurance, to be approved by executive bodies of the constituent territories of the Russian Federation. Under Clause 5.1, medical care within the system of mandatory medical insurance is provided by medical institutions of any type of ownership that have an appropriate license.

Any regional programme of mandatory medical insurance contains a list of types of medical services and their scope, that are funded through mandatory medical insurance, the list of medical institutions operating within the system of mandatory medical insurance and the procedures for providing medical care by these institutions.

Thus, under the existing law, any medical organization of any type of ownership that possesses an appropriate license can be included in the system of mandatory medical insurance.

Antimonopoly enforcement practice on the market of medical services shows that actions of some authorities of the constituent territories of the Russian Federation and Regional Mandatory Medical Insurance Funds result in restricting competition and raising unreasonable barriers for private medical institutions entering the market in question.

Such actions of government officials are administratively liable under Article 14.9 of the Code of the Russian Federation on Administrative Violations (imposing fines upon officials).

In 2009 FAS Russia’s efforts helped eliminate violations in the field of mandatory medical insurance in the Amur and Sverdlovsk regions and the Republic of Buryatia.