Family physicians' salary cuts at the Constitutional Court
According to İHA news, the amendments to the Family Medicine Contract and Payment Regulation, publicly known as the "Sigma formula regulation" and which came into force on November 1, 2024, were submitted to the Constitutional Court for review.
In the lawsuit filed by the Hekimsen Union, the regulation in question was requested to be annulled on the grounds that it was unlawful and unconstitutional.
"MANY ARTICLES ARE UNCONSTITUTIONAL"Following Hekimsen's application, the Council of State, which heard the case, ruled that several articles in the regulation violated the Constitution and sent the case to the Constitutional Court. The articles referred to the court cover deductions and penalties imposed on family physicians and family health workers based on circumstances beyond their control.
Some of the key points raised in Hekimsen's legal objection include non-renewal of contracts for failure to meet screening and monitoring targets; termination of a physician's contract by a governor's decision following disciplinary action; salary deductions for patients who refuse to see a doctor; reductions in wages due to missed shifts; external factors such as patients choosing other healthcare institutions reducing incentive payments; and the impact of subjective criteria such as patient satisfaction and rational medication use on wages. Similarly, the grounds for appeal include cuts for family health workers based on criteria such as shift hours, patient satisfaction, and referral rates.
A lawsuit was filed against the Ministry of Health, requesting an application to the Constitutional Court, arguing that some authorization statements in the Family Medicine Law No. 5258 and Law No. 209 were lacking in legal clarity.
The Council of State stated that the legal provisions underlying the regulations in question may be unconstitutional and that the Constitutional Court should first rule on their annulment. Therefore, it emphasized that any requests for stays of execution or annulment will be decided based on the Constitutional Court's decision.
*The visuals of the news were served by İHA.
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