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Czech Constitutional Court stamps out prohibitive spa financing rules
The Czech Constitutional court has scrapped a Health Ministry directive limiting the volume of medical spa care covered by health insurers, in a move designed to stem the significant losses being incurred by wellness facilities.
Czech spas have run into serious financial trouble in recent years due to the directive, introduced by then health minister Leo Heger in 2011, according to national media.
Medical spas had received CZK3bn ($150m, €109.4m, £90m) from health insurance funds in 2010, before slumping last year to CZK1.6bn ($80.5m, €58m, £48m).
The directive was designed to cut the duration of patients’ stays in medical spas and also reduced the number of diagnoses for which spa treatment was covered by public insurance.
Earlier this year, the new health minister Svatopluck Nemecek announced plans to change the system to be more favourable for both patients and spa operators.
The Constitutional court agreed that the ministerial directive was no substitute for legislation, which is required in accordance with the Czech constitution to alter health insurance regulation.
“Seeking a balance between spa care’s effectiveness and economic sustainability is a legitimate concern,” said judge-rapporteur Pavel Rychetský.
“To achieve this, it is necessary to consider not only medical, but also economic aspects, which amounts to political decision-making.”
The directive will become void from 2015, with a new piece of legislation to be passed in the interim.