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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 />
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