Clinics and outpatient clinics

Public or private? The rules for 'accrediting' healthcare facilities

Out of approximately 30,000 facilities, 58% have an agreement with the SSN: residential care (85.1%), rehabilitation (78.4%) and outpatient specialisation (59.7%) stand out

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

The issue of the relationship between the public and private sectors in healthcare has always been very hot and divisive. According to many observers, a 'creeping privatisation' of Italian healthcare is underway, which some understand as an increased use of paid services and others as a more intrusive presence of the accredited private sector in the provision of healthcare services.

Accreditation tenders postponed

Although out of time, the annual law for the market and competition 2023 was approved, which in Article 36 suspends until 31 December 2026 the contested new regulations for the accreditation and conclusion of contracts with the National Health Service of private facilities, introduced by the Draghi government (Art. 15 Law 118/22).

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That rule provided for the regions to put out to tender, periodically, the provision of new services and those already accredited, according to their own needs for planning and rationalisation of the network. It will be the State-Regions Conference that will review the matter of accreditation by the set date.

The two trade associations (the Aiop for for-profit hospitals and the Aris for religious hospitals) had even asked for the article to be repealed, arguing that the Bolkestein directive explicitly excluded healthcare services from its scope of application (Article 2f directive 2006/123). Currently, the agreements between the SSN and private individuals are, in fact, open-ended.

Public and private healthcare in the health service

The entanglements between public and private healthcare are numerous, solid and long-standing. They date back at least to the 1940s and 1950s. The SSN, established in 1978, in fact implemented the system of 'conventioning' with the private sector (Art. 25 Law 833/78) established in 1943 by the Inam - the largest mutualist organisation - and in its first year of existence extended its services to all citizens (Law 33/80). The Inam only had its own specialist outpatient clinics (857 in 1978, which have now become, in some cases, community homes) and for everything else it relied on contracts with public hospital bodies or private companies (nursing homes, laboratories) and freelance professionals (general practitioners and specialists).

According to data from the Ministry of Health, in 2023 out of 29,386 healthcare facilities, 17,042 (58%) are private accredited and prevail over the public in various areas: residential care (85.1%), rehabilitation (78.4%), semi-residential (72.8%) and specialist outpatient care (59.7%). In 2024, public expenditure on private contracted care reached EUR 28.7 billion.

Accreditation added value of private facilities

The value of a nursing home lies in its accreditation, which certifies the quality of its services and allows it to provide services on behalf of the National Health Service. Currently, many private facilities do not include the value of accreditation in their balance sheets and extraordinary acquisitions. Although they are aware of the importance of intangible resources, companies in the health sector in Italy seldom bring out their value. At present, many private facilities do not include the value of accreditation in their balance sheets and extraordinary acquisition transactions. The value of accreditation is often included in the value of goodwill, despite the fact that this is not in line with accounting principles.

In a few cases, and mainly in the private hospital sector, the value of accreditation is found in the balance sheets, weighing between 35% and 40% of the value of non-current assets. Possessing institutional accreditation, and thus entering into contracts with the SSR, is fundamental for the economic sustainability of private healthcare facilities. The funding of CoCs from the SSN is currently linked to institutional accreditation. Accreditation is therefore a strategic resource with its own value.

The healthcare quasi-market

Moreover, accreditation represents the real link in the quasi-market in healthcare. Legislative Decree No 229/99 (so-called reform ter of the NHS), adding Articles 8 bis / ter /quater /quinquies, clearly and distinctly regulated the institutes of authorisation for the construction of structures and the exercise of health and social-health activities, institutional accreditation, and contractual agreements, thus making explicit three distinct levels of the relationship between the public and private sectors in healthcare. These are often semantically confused in a (sensu latu) meaning of accreditation, but only the institutional one (strictu sensu), is the most relevant, since it fulfils a necessary purpose for the healthcare quasi-market, introduced with the reform of the SSN in 1992 (reform bis Legislative Decree nos. 502/92 and 517/93) to function:

- A quasi-marketplace hinged on the distinction between the consumer functions of the recipient of the final good/service who is given the right to choose between health care and service providers;

- Production, owned by public health companies (ASL, AO, AOU, IRCCS), private or non-profit (Nursing Homes and Classified Hospitals), competing with each other to win the preference of citizens/ patients, providing services;

- Commissioning of the service (ownership), exercised by the sole party responsible for planning supply and negotiating the 'prices' of services, i.e. the public body. That is, in a decentralised system such as the Italian NHS, more properly the Regions.

The evidently favourable value of the accredited structure makes palpable the resistance produced by the owners to favour the opening of a confrontation ( tenders ) between the structures as desired by the repeatedly procrastinated legislative intervention.

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