Moldova's Government Rejects PAS Bill on Patient Compensation

The Government rejects the PAS MPs’ draft bill on patient compensation

The Government does not support, in its current form, the draft law providing for the establishment of an out-of-court mechanism to compensate patients for harm suffered as a result of medical treatment. The Government considers that the initiative contains legal and institutional shortcomings, and that the proposed financial mechanism is not sufficiently substantiated.

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The Government’s opinion concerns the draft bill drawn up by PAS MPs Adrian Belîi and Ana Oglindă, which provides for the creation of a Compensation Fund, administered by the National Health Insurance Company (CNAM), and a specialised Commission to examine patients’ claims.

One of the main objections relates to the establishment of a College of Healthcare Professionals, which would be responsible for authorising the practice of medical and pharmaceutical professions. The Government points out that the College’s remit is not sufficiently clearly delineated from the remit of the National Council for Health Evaluation and Accreditation, which could lead to overlaps and parallel administrative procedures.

Another issue highlighted concerns the administration of the Compensation Fund by the National Health Insurance Fund (CNAM). The Government warns of the risk of a conflict of interest, as the institution both funds and contracts medical services, whilst the draft bill also assigns it the management of funds earmarked for compensation. Guarantees of independence and the separation of functions are required.

At the same time, the opinion notes the lack of a sufficient financial and actuarial assessment and the risk that unclear regulations may encourage defensive medicine, with doctors avoiding complex or high-risk cases.

It should be noted that the draft bill drawn up by MPs Adrian Belîi and Ana Oglindă provides for the out-of-court award of compensation for harm suffered by patients as a result of medical treatment, without the need to prove the doctor’s fault. The mechanism involves the creation of a Compensation Fund, administered by the National Health Insurance Fund (CNAM), financed through compulsory contributions from healthcare providers.

This story was translated with the assistance of artificial intelligence.The translation was also reviewed by the Logos Press editorial team.

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