The constant prescription of drugs to subjects who do not remember having used the specific products and the purchase of the same from pharmacies located in places far from the residence of the patients, have led the Court of Auditors, in the case under review, to adhere to the accusatory thesis supported by an investigation by the NAS with an affirmation of the existence of an objective non-necessity of health care expenditure. Doctors who act under an agreement with the ASL for the performance of their activity in favor of the patients of the National Health Service, continuously carry out an activity in favor of the Public Administration, with inclusion in the organization of the same and with particular obligations and constraints aimed at ensuring the compliance of the activity with the general needs for which it is preordained. In other words, the service relationship also takes the form outside of an organic or public employment relationship, when the subject acts as a longa manus of the public administration, inserting himself into its organizational structure and therefore being subject to the rules, directives and controls of the public administration. (Lawyer Ennio Grassini – www.dirittosanitario.
DoctorNews – 4 November 2009 – Year 7, Number 183
