"Monopolization" of hemodialysis

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Committee of payment for medical services did not allow the entrepreneur to participate in public procurement, without objective justification

At the meeting of the Council on combating corruption and the shadow economy under the National Chamber of Entrepreneurs of Kazakhstan "Atameken" was considered the question on the procedure for the procurement of goods, works and services on the example of LLP "Bios".

For 13 years the company provides medical services (dialysis) within the state guaranteed benefit package under the state order. However, as it was stated by the head of LLP Ermek Iskakov, Department of the Committee of payment for medical services of WKR refused admission of LLP "Bios" for participation in the distribution of state order in Uralsk. It was done without any objective grounds, in order to maintain a monopoly of medical services to another provider. We see a violation of the rights of LLP "Bios", mainly freedom of entrepreneurial activity. Department of the Committee on payment of medical services justified its refusal by the following arguments: LLP "Bios" does not have the agreement of intent on rendering of the state guaranteed volume of free medical care for the specific types / subtypes of medical activities, specified in the application for participation; the entrepreneur has provided false information on the physician-nephrologist V. Antonets, since, according to the competition committee Antonets is a chief physician in Aktobe and LLP "Bios" has applied for the provision of medical care in Uralsk.

However, the agreement of intentions is presented by the supplier only if the supplier is not able provide some types (subtypes) of medical activities specified in the application for participation. However, LLP "Bios" offered only one kind of medical activities: health care, which LLP can provide independently, without the help of third parties. As for the second reason for refusal, according to LLP "Bios", V. Antonets works in Aktobe and Uralsk, where there is a branch of LLP "Bios", and the combination of the posts in this situation is not forbidden by the labor legislation.

"Why did we go to the Western Kazakhstan region? Because there from year to year there was only one supplier, there was a monopoly. In our view, we are illegally removed from there. As we provided a transparent tender documents. We have 6 branches", - said Iskakov.

Deputy head of the Department of the Committee for payment of medical services of WKR Ainagul Davletchina commented on the situation. "Today, we have acts of inspection, carried out by the Ministry of Health and Social Development of the Republic of Kazakhstan, and the act of control, conducted by Financial Control Inspectorate at the request of LLP "Bios". No violations have been identified. The procedure was carried out legally, there rejections were justified", - she said.

"I have a question to the representatives of the Ministry of Health: how is such an enterprise is licensed? That is, there is a license, you do not dispute it, but dispute the company's participation in public procurement. If you think that it should not be allowed to public procurement, take away the license, then there will be no questions. You, on the one hand, recognize their right to work in this sub-sector, while at the same time you say that you have a claim to it ", - said the chairman of the Council Azat Peruashev.

To sum up on this point, Peruashev announced the resolution of the Council: "I recommend NCE to send an appeal to the Committee of Financial Control of the Ministry of Finance and the National Bureau of Anti-Corruption of WKR on the issue of the audit of the legitimacy of the actions of officials of the Department of the Committee of payment for medical services of WKR. And to send an appeal to the Prosecutor General’s Office to conduct audit of the Department of the Committee for payment for medical services of WKO for compliance with the rules of selecting a service provider to provide the guaranteed volume of free medical care".