Protection of healthcare facilities against adverse measures, suspensions, forfeiture and administrative disputes
Suspension, forfeiture, revocation or denial measures may have a significant impact on the activity of a healthcare facility, the continuity of services, relations with the Regional Health Service and the economic sustainability of the business. In such cases, it is necessary to promptly assess the content of the measure, the grounds relied upon by the administration, the procedure followed, the deadlines for responding and the documentation useful to support the facility’s position.
The legal framework distinguishes between the different levels of the system: healthcare authorisation, institutional accreditation and the contractual relationship with the Regional Health Service. Article 8-quater of Legislative Decree 502/1992 governs institutional accreditation, while Article 8-quinquies concerns contractual agreements with accredited providers. The defence strategy must therefore be built by identifying which title or relationship has been affected by the measure.
In Sicily, Regional Decree No. 741 of 4 July 2023 updated the rules on the authorisation and accreditation of public and private healthcare facilities. The decree also regulates the consequences of non-compliance: for private accredited facilities, in certain cases, it provides for suspension of accreditation, compliance plans and, in the event of failure to comply or continuing non-compliance, forfeiture of institutional accreditation.
Avv. Vecce assists healthcare facilities, outpatient clinics, laboratories, specialist centres and companies in the sector in assessing adverse measures, preparing observations and submissions, managing the dialogue with the administration and handling disputes before the competent authorities.
Activities covered
Why it matters
Responding within the deadlines
Measures, notices of commencement of proceedings and objections require an immediate review of the deadlines for observations, additional documents or challenges.
Protecting continuity
Suspensions, forfeiture or revocations may affect healthcare activity, relations with the Regional Health Service and the facility’s economic balance.
Challenging the grounds
It is necessary to verify whether the administration correctly assessed the requirements, documents, findings, compliance plan and the facility’s position.
Choosing the correct forum
Not every issue requires an immediate court challenge. In some cases, it is preferable to act within the administrative procedure; in others, judicial protection must be activated.
FAQ
What should be done when a notice of commencement of proceedings is received?
It should be reviewed immediately to understand which measure the administration intends to adopt, which facts are being challenged, which deadlines have been granted and which documents may be produced. This stage is decisive because it allows the facility to intervene before the final measure is issued.
What is the difference between suspension, forfeiture and revocation?
In general terms, suspension temporarily affects the effectiveness of the title or relationship; forfeiture follows the loss or failure to maintain requirements, or failure to comply with a compliance plan; revocation affects the measure for reasons provided by the applicable rules or due to relevant subsequent circumstances. The precise classification depends on the measure served and on the applicable legislation.
Does non-compliance always lead to loss of accreditation?
No. Regional rules may provide for compliance plans, suspensions and further checks before forfeiture. In Sicily, Regional Decree No. 741/2023 provides, for several cases of non-compliance by private accredited facilities, for the request of a compliance plan and, in the event of failure to implement it or continuing non-compliance, for suspension or forfeiture of institutional accreditation.
Is it useful to submit observations before filing a challenge?
Yes, when the procedure is still pending. Observations may clarify facts, produce documents, challenge findings, propose a compliance plan or demonstrate that the requirements are still met. In many cases, the administrative phase is decisive to avoid or limit the final measure.
When is access to the case file needed?
It is needed when the facility must review inspection reports, checklists, investigation reports, opinions, internal communications or documents on which the measure is based. Access to the case file makes it possible to assess the defence strategy and any judicial challenge more accurately.
Can the dispute also concern economic issues?
Yes. Disputes may concern recoveries, reductions, non-payment, budget overruns, interpretation of agreements or remuneration of services. The contractual relationship with accredited providers is governed by Article 8-quinquies of Legislative Decree 502/1992. 502/1992.
Does filing a challenge automatically suspend the effects of the measure?
No. Suspension of the effects requires, where the legal requirements are met, a specific request for interim relief before the competent court. It must be assessed in light of urgency, the harm to the facility and the merits of the arguments.
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