Rejection

From analyses to physiotherapy: the TAR rejects public outpatient treatment fees

Appeals by private centres accredited with the National Health Service partially upheld: the Ministry of Health will have one year to revise the 'price list' by adjusting the nomenclator of essential levels of care

4' min read

4' min read

From blood tests to physiotherapy to radiology services to simple medical examinations: the price list of outpatient specialist services provided within the National Health Service must be redone. This is prescribed by the Lazio Region with an initial series of nine sentences, substantially overlapping, which partially uphold the appeals filed by hundreds of private facilities accredited with the National Health Service. And which decree the inadequacy of the rates set by the Ministry of Health last November after 20 years of waiting on the adjustment of the Essential Levels of Care (LEA).
The annulment of the Ministerial Decree - the Lazio Regional Administrative Court also ruled - will only take effect in a year's time, however, to avoid technical chaos, thus allowing the computer systems to be updated. Therefore, the starter for the new tariffs, which are all to be rewritten, slips to 22 September 2026.

The affair

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The Health-Mef decree 272 of 26 November 2024 updating tariffs immediately had a complicated life: the entry into force on 30 December 2024 had been 'stopped' on the same day due to the suspension by the Lazio Regional Administrative Court following the laboratories' appeal, but then revoked only the following day at the request of the State Attorney's Office. As early as 31 December last year, therefore, they had already started up again: from then on, the tariffs set by that decree that intervened by rewriting a 'price list' dating back to 1996 are operative, but with a great many stomach aches and a consequent flurry of appeals by private individuals..

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The judgment-type

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 Ruling no. 16381/25 of the Lazio Regional Administrative Court, among others issued on 22 September 2025, now stipulates that the Ministry of Health's Tariff is to be redone, as the associations were asking in chorus. Lawyer Antonella Blasi of the Forum Team Legal Healthcare explains: "Ithe TAR ruled that the tariff schedule is 'badly made' because no adequate preliminary investigation was conducted since the cost data that were taken as a basis are relative to 2015. Moreover, individual services were not taken into account but an overall assessment was made.".

What changesFrom a practical point of view, the current tariffs will still be in use for a year. "But it is clear," continues lawyer Blasi, "that the ministry must get to work immediately, referring to the current cost data and certainly not to the current regional tariffs, which by necessity cannot be current."The applause of the centres

In the meantime, the associations, starting with the Association of Private Hospitals (Aiop), are rejoicing: 'This is a great victory not so much for us but for the National Health Service, which, if it wants to survive, must ensure adequate rates on the one hand and adequately support contract renewals on the other,' warns president Gabriele Pelissero. He explains: 'You cannot provide adequate services to citizens if their cost is not recognised by the system, and it is essential to recognise the work done by remunerating it adequately,' he explains. However, Pelissero extends his hand to the ministry: 'We are willing to provide data and analyses because only if adequate tariffs and congruous remuneration mechanisms are achieved will it be possible to save the SSN, beyond slogans'. As for the postponement to 22 September 2026, for Valter Rufini, president of FederAnisap, 'it will make it possible to evaluate obsolete services, reorganise the economic part, and guarantee citizens fair healthcare with equal rules and rights for all'. 'We understand the technical requirements, because immediately changing the complex information system of pricing is impossible,' Pelissero admits. But one year is too long a period,' he warns. 'We will continue to work with these declared invalid tariffs, but then the 365 days will have to be recalculated in light of the new tariff schedule.

The Lombardy Model

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"The judging panel showed sensitivity and impeccable legal expertise, censuring a ministerial measure that lacked transparency, rigour and up-to-dateness," comments Uap president Mariastella Giorlandino. Which summarises the critical points noted by the Tar: lack of preliminary investigation, lack of motivation on the tariff choices with tariffs on average 25% lower than the Balduzzi nomenclature (2012), despite the fact that the regional tariffs of Veneto, Emilia Romagna and Lombardy are higher; non-representative sample of facilities, no clarity on the selection criteria, on the public/private nature nor on the cost data collected; obsolete data, use of data more than five years old, in violation of the regulatory provision for triennial updating; failure to comply with the Agenas guidelines (2022 and 2024); no verification of the technical-economic validity of the regional reference rate scales'. But 'we have not limited ourselves to contesting,' he explains. 'Uap has already delivered to the Ministry of Health and to the TAR a proposal for the revision of the rate card that asks to take into consideration the Lombardy nomenclator, which is already in force and well tested.

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