Doctors and dentists

Fair compensation: a necessary step to rebalance tariffs

The fees of professionals in a freelance relationship with corporations, such as insurance companies, are underestimated compared to the real value of the services

3' min read

3' min read

The need to apply fair remuneration for doctors working in freelance relationships and with capital health companies, which can have several benefits, especially in terms of congruous payments of social security contributions, was urged by the Freelance Associations, including Amolp, at the birth of the bill presented by Senator Stefani, promoter of the Bill to extend fair remuneration to all professional relationships

Equal compensation already planned in the past but not realised

In addition to income security, the sustainability of the social security system, equal treatment, fair contributions, quality of healthcare and the attractiveness of the medical profession are among the most important aspects.

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The proposed parliamentary initiative on fair compensation for services rendered by professionals had already become law, No. 49, on 21 April 2023, which was intended to increase their protection in relations with companies that, by nature, size or turnover, are considered to be strong contractors and are therefore capable of determining an imbalance in relations with the individual professional. In particular, the law defined as fair the remuneration that complies with specific ministerial parameters and intervened on the scope of application of the existing discipline, extending it both with regard to the professionals concerned, among whom are included the practitioners of non-ordering professions, and with regard to the client, which is also extended to all companies that employ more than 50 employees or invoice more than 10 million euros, and regulating the nullity of clauses that provide for a remuneration for the professional that is lower than the parameters. It also provided that the professional Orders and Colleges must adopt deontological provisions to sanction professionals who violate the provisions on fair compensation . Some Orders have begun to adapt their codes of conduct to the legislative provisions.

Only some professions have become active

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The first to leave were engineers. They were followed by industrial experts and surveyors. Among the last were lawyers and accountants. The ranking points are to have the professionals themselves comply with the criteria and measures, and the need to inform the client of the cost due in a transparent manner.

In the health sector, some professions have become active, such as nurses, the prevention and rehabilitation categories, and psychologists, who despite not having a specific rule in their code emphasise the principle of proportionality between intervention and compensation, and veterinarians. Physicians, on the other hand, appear to be in difficulty. In fact, the sector has experienced difficult conditions. In the past, there has been discussion on the establishment of national ordinarial minimum fee scales. On minimum fees there is a brief digression: they were abolished in 2007 by the Bersani law.

But immediately the individuals, who previously had to comply with them, were free to negotiate fees at prices that were often so low that after a while the minimum fee scales were rehabilitated, both by Law 27/2012, which admitted fees proportionate to the work performed for lawyers, and by EU ruling 532/2015, which admitted the option of member states to leave codified fees to protect performance.

Criticism manifested on several fronts

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The judiciary, by law, often sends medical and dental associations requests for opinions on whether an expert's fee should be considered congruous. Individual medical practitioners then ask for opinions when they come into conflict with patients on the price of a service, for instance because of a different assessment of the practitioner's intangible contribution. A critical issue, that of downward fees that has existed for some time, which has been arrived at by a series of ploys such as inadequate fees disguised under the misleading guise of large amounts of services.

Undervalued medical profession

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The 'stringent' fees give pause for thought on another important aspect: the idea that the health profession, of doctors and dentists in particular, can be equated with any commercial activity. A correct regulation could, on the other hand, also determine an important step towards regulating and improving the contractual relations between doctors and dentists and insurance companies, which are currently all too often characterised by fees that are decidedly underestimated in relation to the real value of the services provided.

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