Year XVI -Issue. 07 - 2000

 

 

 

 

 

Amedeo Pavone

Undersigned on March 9th 2000, by governments and medical union trades, the new collective agreement for the discipline of the general medicine physicians, at the end of June 2000 has not be yet issued on the Official Bulletin so that to make it possible to view it by the technical bodies of the Regions and ASL in order to study the concrete application. The matter is not that the three-year agreement cannot be applied for the effective three years of its duration, since the convention was undersigned after as far three years of negotiations and starting from 1/1/1998, if the publication will still delayed, it will end going on force few weeks before its expiring, foreseen on December 31st 2000. Naturally, meanwhile there will be the interested physicians that will have already retired, there'll be new norms that will be introduced just the day of the final expiring, there will balances for the due payments according to the new agreement that this point will be paid to inheritors. Don't mention then the "preliminary declaration ". Three pages of purposes summarized in as far as 29 commas and paragraphs, talking about reorganization of the Service, integration of the figure of the physician into the organization, valorisation of his work, continuity, globality, emergency, programmed assistance and so many other things that must be put in act when the Norm to enforce them will not exist anymore since it has already expired. In a civil country all that would not have any meaning. Usually agreements all over the world have a starting date (few or much) later than the stipulation date, but never before. At the most it can be done an act of indemnity for the bygone, but never dictate conditions that must be respected in a date before the stipulation of the agreement. But in Italy our politicians discovered the institution of the prorogatio that in fact allows delaying infinitively situations that fit them. But to whom would it fit this situation of steady illegitimacy that allow stipulating economic agreements that has only a retroactive value for services already performed? Surely not to physicians that, living this contractual uncertainty situation, only draw damage. Neither to physicians that aspire to enter and that do not know which norms they will refer to in order to be put in the classification list. Don't remember that the national health system involves the whole Italian population; inclusive resident immigrates or registered by police. The same for the physicians that after graduating cannot practice their profession for the citizens assisted by the Service (the whole population) but by accessing to the Convention. But what does the agreement, born dead, foresees for the access to the classification list? Even here the agreement foresees an entire page with 9 paragraphs of bureaucratic norms for submitting the application, and other two with 25 commas for the evaluation of the qualifications and other page with 8 paragraphs about the incompatibility and other two pages with as far as 15 paragraphs about the optimum ratio that cannot go below a physician per 1000 inhabitants. If all that were not enough, it's important to know that this Convention in force from 1/1/98 and expiring on 31/12/2000, foresees the submitting of the application for the admittance in the classification list for the following year within January 31st. That means that the first physicians that can submit the application by this new Disposal must do it within January 31st 2001 to access the classification list, worthy for the year 2002, by performing disposals expired two years before. In return for, the agreement foresees the possibility to constitute in cooperatives, as it occurs for the food stores and maybe also to adhere to the cooperative consortia where surely there'll be some union officers or some politicians, skilled in cooperatives, seated in the armchair waiting for the physicians that will want to adhere to the initiative. What remains of the professional freedom of the physician in an agreement that goes on walking down step by step, is unknown. Surely all that does not occur for a lawyer, an engineer, an architect, a commercial law expert, an accountant, a surveyor, a biologist and so on, that to practice their profession have only the duty to be enrolled in their professional order. Evidently the other professional orders have not abdicated their prerogatives to safeguard their own rights. On the other side, in an as far as 161 pages agreement, we could find so many other goodies, but what we want to underline is the fact that these conventions are becoming a kind of Summa Ideologica wherein is transferred a set of theoretical principles about the health assistance that have nothing to do with the normal work relationship of a general medicine physician. At the end there must be a simple three-parties economic agreement where there's a client that applies for a professional physician that works in his studio lying over a relationship, that for the Ministry of Health is of Convention, while for the Finance Ministry is a professional one, for whom there's a third payer that must pay the service in name of and on account of a client, by fixing, on agreement, the fees of services. But it would be too much simple: I believe that in Italy, if the orchestra does not change, the music will be always the same.

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Amedeo Pavone