The petitioner shall: Ministry of Health of the Slovak Republic
Name of the petition:
Petitions for a declaration of further public interest for the conclusion of a cooperation agreement on the establishment and operation of mobile procurement points for the diagnosis of infectious respiratory disease COVID-19
Text: By petitioning, we ask that the call should not be addressed exclusively to cities above 5000 inhabitants, with the restriction that one provider can have only 1 MOM in the city or city district of the city.
It's quare: No.
Number of persons supporting the petition: 100 who supported the petition electronically
Date of delivery: 24.02.2021
Date of equipment: 01.04.2021
Equipment: § 5 (6) of Law No 85/1990 Coll. on petition law in the wording of subsequent regulations " not evaluated
Reason for equipment:
On 24.02.2021, the Ministry of Health of the Slovak Republic (hereinafter referred to as the Ministry of Health of the Slovak Republic) received a referral from the Office of the Government of the Slovak Republic (hereinafter referred to as the Ministry of Health of the Slovak Republic) by letter dated 22.02.2021, on the ground of material competence for the equipment in documentary form, the submission dated 16.02.2021 was marked as --Petitions for a declaration of further public interest for the conclusion of a cooperation agreement on the establishment and operation of mobile demand points for the diagnosis of infectious respiratory disease COVID 19 addressed to the ÚV SR. This submission was signed by a person designated to represent a public authority (hereinafter referred to as "the representative') and accompanied by a document containing the name, surname, address of the stay, the municipality of residence and the e-mail address of 100 persons who supported that submission on the e-mail portal at which the submission was published.
The petitioners, as described in this petition, request that a further public proposal be made for the conclusion of a cooperation agreement on the establishment and operation of mobile purchasing points and that the call be made not exclusively for cities above 5000 inhabitants. In view of the fact that the petition is in the nature of the application, MZ SR is obliged to make a petition within the meaning of § 5 (6) of the Act on petition law, pursuant to which: ((6) Where it appears from the content of the petition that the petition cannot be dealt with pursuant to paragraph 5, the public authority competent to handle the petition containing the application or proposal shall assess its content and send a written reply, together with a statement of reasons, to the representative within the time limit referred to in paragraph 5'.
The issue, which is the petitioner of the petition, namely the establishment of mobile points of delivery (hereinafter referred to as "MOM") and the conclusion of contracts with MZ SR, was factually assessed by the organizational units of MZ SR, namely the Crisis Coordination Centre and the Department of Law. MZ SR submitted the following reply with justification to the representative within the legal deadline.
MZ SR had an open call for the operation of MOM for two weeks, thanks to which it created 746 pick-ups and 25 pick-ups were opened by order, together with a minimum test capacity (i.e. 250 pick-ups, 6 days a week) of almost 1.2 million tests per week. However, many demand points test well beyond this minimum framework as they are motivated by additional funding. From the above we believe that MZ SR created sufficient capacity for citizens of the Slovak Republic who needed access to antigen tests to go to work or for business purposes and citizens who felt symptoms and needed to be tested. However, it is not possible for MZ SR to operationally announce calls for regions included in the IV. level of warning (black districts) which need higher procurement capacity as this situation changes every week.
The terms of the call were:
- In any city or any part of the city with more than 5 000 inhabitants, for a city with fewer inhabitants, the effectiveness of spending in terms of the load of the MOM in our view would not be met; and
- A single provider cannot establish more than one MOM located in one and the same city or district of the city, the aim was to avoid misuse of funds by one healthcare provider to motivate them to expand the geolocation of MOM.
We add that in addition to the MOM established by the Ministry of Health, hospitals of their employees and patients, schools of their employees and children or parents (according to the age of the child) through the Ministry of Education, Science, Research and Sport of the Slovak Republic and companies above 250 employees are also eligible for testing through the Ministry of Economy of the Slovak Republic. These purchases also increase the total procurement capacity, which is financially supported by the State and relieves municipalities. In conclusion, it is also necessary to stress that the MOM is an outpatient health care facility under Paragraph 7 (3) (a). a) Point 6 of Act No. 578/2004 Coll. on Health Care Providers, Health Care Workers, Health Organisations and on the Amendment of Certain Acts, as amended (hereinafter: Act No. 578/2004) Z. z. z. Þ ), which is not necessarily a condition for its establishment (and therefore for the provision of testing capacities) to announce the call of MZ SR. A natural or legal person may set up an MOM if he fulfils the statutory conditions within the meaning of Paragraph 12 (18) of Law No 578/2004 Z. z. z.
By sending a written reply to the representative, the Ministry considers the petition to be provided in accordance with Paragraph 5 (6) of the petition law.
Place: Bratislava– Date:6 April 2021