11.03.2021 Healthcare and Pharmacology Public law

Cuesta Law Office advised healthcare providers with the public procurement announced by the Estonian Health Insurance Fund

Britta Oltjer, a sworn attorney of Cuesta Law Office, acted as legal advisor to Dr. Kai Noor Silmakabinet and OÜ Silmakirurgia in the procurement of medical insurance contracts for the EHIF in preparing, compiling, and communicating with the EHIF. The companies operating under the Silmalaser brand have the longest experience and are the largest performers of laser procedures in Estonia, offering patients a variety of modern eye surgery procedures. The Estonian Health Insurance Fund (EHIF) announced a public procurement for concluding contracts for financing medical treatment for the very first time only in 2018. Prior to that, the EHIF entered into all treatment financing agreements on the basis of the Health Insurance Act. The public procurement was carried out as a procedure for social and special services, which enabled the contracting authority to design the conditions of the public procurement more freely compared to the usual open procurement procedure. The public procurement carried out in 2018 led to numerous disputes and a lot of media fuss. New procurements for concluding contracts for financing medical treatment were announced by the EHIF in the summer of 2020. The EHIF asked the tenderers for proposals before conducting the procurements, and also organized a briefing to introduce the procurement conditions. Unlike the procurement of 2018, this time different procurements were carried out for different specialties. Furthermore, there were significantly fewer disputes this time around, and many of them ended in mutual compromise. In order to succeed, you have to practice and learn from your own experience as well as from past mistakes.