Lucilla Vazza
New stop by the Consulta on excessive spending constraints and "in detail" dictated to the Regions by national law. With sentence no. 99 filed yesterday, the Constitutional Court upheld the appeal raised by the Veneto Region regarding law 244/2007 (the 2008 Budget Law), already contested by the regional administration in other appeals.
This time, the constraints regarding the destination of the sums allocated for building renovation and technological modernization in health care, a matter in competition between the State and the Regions, have ended up in discussion. Under the lens of the Consulta, in particular, the constraints for spending aimed at strengthening the coma awakening units, intensive care and the purchase of spectrometers for newborn screening, a matter too specific for the state legislator and for this reason judged illegitimate on the basis of articles 117 and 119 of the Constitution. The provision that binds the Region in the construction of residential structures and equipment for palliative care and for the chronically ill is also illegitimate. Also in this case, the interference of the national law in the regional field had been excessive. On the other hand, the constitutionality doubts of Governor Galan on the principle of loyal collaboration were not accepted.
State legislation in the health sector is also the subject of another ruling filed yesterday by the Constitutional Court (judgment no. 94), which in this case rejected the request for illegitimacy. At issue was article 1, paragraph 796, letter o), of the Finance law for 2007 (law 296/06).
The doubts had been raised by the Tar of Lazio and Puglia, Lecce section, on the rates of services in accredited private health facilities. The clarification to the administrative judges had been requested by numerous private health facilities accredited with the Puglia Region.
The contested article of the 2007 Budget law updates the tariffs of the agreements and provides that accredited private individuals apply a discount of 2% on the specialist services provided on behalf of the NHS compared to the amounts indicated in the ministerial decree of 22 July 1996, and of 20% on the amounts foreseen for outpatient diagnostics. Territorial agreements are already in place on the matter, therefore the Consulta has sent back to the sender the doubts on the unequal treatment and the possible hypothesis of damage to health.
Il Sole 24 Ore of 03/04/2009 p. 34
AF
