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good governance practices for the protection of human rights

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cause <strong>of</strong> <strong>the</strong> shortage <strong>of</strong> such services and <strong>the</strong> urgency <strong>of</strong> <strong>the</strong> patients’ needs. For<br />

example, <strong>the</strong> Foundation’s 2003 survey showed that <strong>the</strong> most frequent reason<br />

cited by patients <strong>for</strong> bribing was to avoid long waiting lists <strong>for</strong> surgery and to<br />

obtain a sickness certificate.<br />

The first government regulation on <strong>the</strong> management <strong>of</strong> waiting lists was adopted<br />

in 1998. It obliged hospitals to keep “waiting lists” and to register patients who<br />

qualified <strong>for</strong> <strong>the</strong>rapy, but could not be admitted immediately. However, <strong>the</strong> regulation<br />

did not establish rules <strong>for</strong> <strong>the</strong> management <strong>of</strong> lists. Responding to <strong>the</strong> need<br />

<strong>for</strong> greater transparency, <strong>the</strong> Task Force launched <strong>the</strong> pilot project “waiting lists<br />

<strong>for</strong> surgery,” which attempted to establish <strong>of</strong>ficial lists in cardiology departments.<br />

In 2002, <strong>the</strong> Task Force conducted and published a review <strong>of</strong> international practice<br />

in <strong>the</strong> management <strong>of</strong> specialized medical services and waiting lists. It also<br />

sent a questionnaire to 120 cardiology wards asking about <strong>the</strong>ir current <strong>practices</strong><br />

regarding waiting lists. About 40 per cent <strong>of</strong> clinics responded and 70 per cent<br />

<strong>of</strong> those stated that <strong>the</strong>y maintained <strong>of</strong>ficial waiting lists. A majority, 68 per cent,<br />

stated that lists were based on clear medical criteria, but only 23 per cent said<br />

that <strong>the</strong>se criteria were public and available to patients.<br />

The Task Force also increased dialogue with <strong>the</strong> Ministry <strong>of</strong> Health to contribute<br />

to <strong>the</strong> Government’s discussions on <strong>the</strong> amendment <strong>of</strong> <strong>the</strong> Health Management<br />

Organizations Act. Specifically, <strong>the</strong> Task Force proposed that <strong>the</strong> Act should lay<br />

down clear criteria <strong>for</strong> waiting lists, ensure <strong>the</strong> public’s right to access in<strong>for</strong>mation,<br />

and provide <strong>for</strong> citizen supervision <strong>of</strong> waiting times.<br />

In 2003, <strong>the</strong> Ministry established an advisory unit <strong>of</strong> experts, including members<br />

<strong>of</strong> <strong>the</strong> Task Force, to work on a system to administer <strong>the</strong> lists <strong>of</strong> patients waiting<br />

<strong>for</strong> specialized medical services. In 2004, <strong>the</strong> Task Force developed draft regulations<br />

regarding publicly available waiting lists <strong>for</strong> <strong>the</strong> rationed medical services,<br />

which were included in <strong>the</strong> Act on Health Care Institutions adopted by parliament.<br />

As a result <strong>of</strong> <strong>the</strong> legislative changes, providers funded by <strong>the</strong> National<br />

Health Fund are required to set up a register <strong>of</strong> waiting patients and to adopt<br />

transparent criteria <strong>for</strong> <strong>the</strong>ir management.<br />

Impact on <strong>human</strong> <strong>rights</strong> and challenges<br />

The work <strong>of</strong> <strong>the</strong> Task Force has raised public awareness about <strong>the</strong> detrimental<br />

consequences <strong>of</strong> bribery in <strong>the</strong> delivery <strong>of</strong> health services. It has also sparked<br />

debate within <strong>the</strong> medical community and is largely responsible <strong>for</strong> <strong>the</strong> Government<br />

adopting clear criteria <strong>for</strong> <strong>the</strong> management <strong>of</strong> waiting lists.<br />

The Task Force has continued its work and has developed a checklist to assess<br />

draft legislative changes in health-care laws in terms <strong>of</strong> <strong>the</strong>ir implications <strong>for</strong> corrupt<br />

<strong>practices</strong>. It also identified <strong>the</strong> areas in <strong>the</strong> government draft bill on publicly<br />

financed health care which might lead to corrupt <strong>practices</strong>. In 2005, <strong>the</strong> Task<br />

Force developed best procedures <strong>for</strong> filling managerial positions in <strong>the</strong> health<br />

service, especially <strong>the</strong> positions <strong>of</strong> heads <strong>of</strong> wards in clinics and hospitals. It is<br />

also developing criteria <strong>for</strong> fairly evaluating candidates <strong>for</strong> such posts.<br />

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