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While there is clarity of central government ownership of most hospitals, for the minority<br />

regions where the municipalities are intended to have an ownership role, the draft law below<br />

suggests joint ownership given the reality that the central government should have an<br />

ownership responsibility for these hospitals as it ultimately carries the performance and<br />

financial risks (if this is not what is intended then amend this section to give full ownership to<br />

these municipalities).<br />

Addition of role of Minister of Health and roles for MOH in monitoring and other areas.<br />

Addition of requirement to have a statement of service performance and to report on this- also<br />

provision for service agreements with clarity on services to be provided (quantities and<br />

standards) and reporting on these with access to the reports by the public and interest<br />

groups.<br />

Other modifications to broaden the principally commercial focus of the Public Enterprise Law<br />

including addition of requirements to comply with service requirements from the MOH and a<br />

provision for the MOH to act if there is significant service or financial failures.<br />

Matters to consider<br />

In assessing the potential use of the modified framework for Public Sector Enterprises the following<br />

matters should be considered:<br />

How well is this framework working now for Public Enterprises? Are there problems that<br />

could be addressed in the provisions specially tailored for the Health Sector Public<br />

Enterprises?<br />

Will there be a large enough pool of qualified people to fulfil the role of directors on boards?<br />

Do the provisions below appropriately allocate the roles and responsibilities of the Minister of<br />

Finance and the Minister of Health and their ministries? The Minister of Finance‟s role relates<br />

to the ownership interests and the Minister of Health‟s role to ownership and purchase<br />

(service provision) interests. In some countries these ministers can operate effectively but will<br />

this be less likely in Kosovo if these portfolios are allocated to ministers from different parties?<br />

If this is an issue then the provisions below could be much more detailed about the respective<br />

roles.<br />

The allocation of roles and responsibilities to municipalities needs to be carefully considered.<br />

Some provisions have been included as examples below but these need further development.<br />

The law is designed so that the municipalities are specially named and presumably they are<br />

the ones relating to the minority areas where some transfer of responsibility is required by<br />

obligations on the government. This note does not discuss the suitability of these roles and<br />

responsibilities and they need to be designed carefully as this is a very difficult area of policy<br />

development.<br />

Are the arrangements proposed below suitable for the minority areas and compliant with the<br />

government‟s obligations in relation to these areas?<br />

Will hospitals be able to manage the increased freedoms and requirements; are there<br />

sufficient controls under law on asset and debt management and sufficient controls potentially<br />

in practice; what capabilities have to be developed; how long will it take to develop these<br />

capabilities?<br />

Related to this, what are the risks of the changes and how can they be managed?<br />

Can the MOH develop its service specification and monitoring role which is a different sort<br />

role to the one it has now? How long will this take? The draft provisions focus on the MOH<br />

role rather than trying to anticipate the role of the Health Insurance Fund as this is not entirely<br />

clear, some years away and the law can be amended later on to accommodate this.<br />

33

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