KosovaMed wins the decision of the Health Inspectorate
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1 year ago
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The KosovaMed company has emerged victorious against a decision of the Health Inspectorate, which, as they say, without legal basis, tried to stop us from their legal activity.

Full notification:

I inform you that, today, I accepted the Decision of the Complaints Commission, which confirms the fact that the Health Inspectors did not have the right to stop the work of KosovaMed and that now everything is clear to everyone. KosovaMed is a company that always works within the law and regulations of the Republic of Kosovo.

Finally, I want to inform you that KosovaMed is developing every day more and more, to provide the highest quality services to all customers, in accordance with the highest international standards.

I inform you that today, on 23.01.2024, we have received the Decision from the Complaints Commission, which APPROVED the Complaint of KosovaMed Healthcare LLC and CANCELLED the Decision of the Health Inspectorate, regarding the activity of KosovaMed Healthcare LLC in the related Public Framework Contract with the Municipality of Drenas.

To make you aware of the facts and circumstances of the case, see below a brief chronological summary.

  1. On 18.06.2021, EO KosovaMed Healthcare LLC and the Municipality of Drenas, concluded the Framework Public Contract, no. 611-21-2552-2-1-1/C430 (Home and ambulatory social health care for the citizens of the Municipality of Drenas), in accordance with the criteria established in the Tender Conditions.
  • On 11.10.2023, the Health Inspectorate, namely Inspector Nysret Kuleta and Inspector Hikmete Blakqori, visit the HCMF-Drenas, where they "record" that some health professionals employed by KosovaMed are working at the HCMF-Drenas and that this is " illegal" because KosovaMed is not equipped with a license from the Ministry of Health and orders KKMF-Drenas to suspend the Public Framework Contract, until KosovaMed Healthcare LLC is equipped with a license from the Ministry of Health.
  • Regarding this visit, the Health Inspectorate issues a Decision (protocol number 05-2227 dated 27.10.2023), through which it prohibits the activity of KosovaMed and forces it to pay a fine of EUR 10,000, for reasons of "exercising the activity without a license".
  • After accepting this Decision, KosovaMed submits a Complaint against the aforementioned Decision of the Health Inspectorate, arguing that the activity that KosovaMed performs under the Public Framework Contract with the Municipality of Drenas is not a health activity and does not need to be licensed by the Ministry of Health related to this activity, because such activity is considered only as a type of "mediation" between health professionals employed in KosovaMed and KKMF-Drenas.
  • During the time that the entire procedure was taking place and the Decision of the Health Inspectorate was not yet in full force due to the fact that the Appeal suspends the execution, according to the Law on General Administrative Procedure, public officials, including the Director of KKMF-Drenas, the Health Inspectorate, and UD The Chief Inspector of the Health Inspectorate, exerted tremendous pressure to execute the Decision.
  • Also, the UD Chief Inspector of the Health Inspectorate, being aware of the effect of the suspension of the execution of the Decision of the Health Inspectorate, on 15.11.2023 sends an official email to the Municipality of Drenas, forcing them once again not to continue with the implementation of the Contract Public Framework and remain suspended works. In this email, the official in question unnecessarily included the Kosovo Police and used the sentence "The Health Inspectorate is closely monitoring the implementation of the Decision", increasing the pressure on the municipal officials of the Municipality of Drenas, not to act according to the Law, but to act according to the illegal Decision of the Health Inspectorate.
  • On 15.11.2023, the Director of KosovaMed returns an email to the UD Chief Inspector of the Health Inspectorate, arguing the facts also stated in the complaint and the fact that the Decision of the Health Inspectorate is not enforceable, due to the fact that the Complaint was submitted and that no there is a legal basis to interrupt or suspend the activity according to the Public Framework Contract.
  • Despite KosovaMed's arguments that the Decision is not enforceable, some portals started a lynching campaign against KosovaMed, because this Company is operating without a license.
  • Meanwhile, on 23.01.2024, the Commission for the Review of Complaints, finally, issued the Decision to APPROVE the COMPLAINT of KosovaMed and the CANCELLATION of the Decision of the Health Inspectorate.

(Attached Decisions of the Second Level Commission).

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