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Publication
Merger law reform in Australia: What next after the Exposure Draft?
As expected, the Australian Commonwealth Treasury released an exposure draft for the proposed new Australian merger regime on 24 July 2024.
Healthcare in Türkiye is primarily governed by the Fundamental Law on Healthcare Services No. 3359, and regulations concerning healthcare delivery are enforced by the Ministry of Health (MoH) and its subsidiaries (the Directorate of Healthcare Services, the Directorate of Emergency Healthcare Services, the Directorate of Amelioration of Health, the Directorate of Health Surveys and the Directorate of Health Investments). Through a large network of public healthcare institutions, the state acts as the principal healthcare provider. These include public hospitals, training and research hospitals, university hospitals and clinics run by local authorities.
Patients may also be able to obtain health services from private hospitals, private services provided by university hospitals, polyclinics, and doctors working independently. Notably, the rate of preference for the private sector is on the rise. However, regardless of whether they belong to the public or the private sector, all of these entities are regulated and controlled by the MoH.
While the majority of the Turkish population (the active population, retirees, and their dependents) are covered by Social Security Insurance (SSI), only a minority of the population benefits from private insurance. SSI health insurance covers almost every treatment option performed in public healthcare institutions, except for those that are not seen as essential for the insured person's health, such as cosmetic procedures. The SSI also covers emergency services provided to insured individuals in private healthcare institutions.
The implementation of the e-Pulse (e-Nabız), a personal health record system, in 2015 was the most significant step in the digitalization of healthcare services in Türkiye. The legal basis governing the system is Personal Health Data Regulation No. 30808 and the Circular No. 2016/6 of the MoH. According to the Circular, the primary goal of e-Pulse is to ensure citizens the right to access and manage their personal health records in accordance with the Turkish Constitution’s Article 20. Within this scope, e-Pulse enables individuals, healthcare professionals, or authorized third parties to access the patient’s health information and medical background. Individuals could also request that their health data be amended or deleted from the system.
Medical tourism and health tourism are generally defined as traveling from one location to another to obtain health-related services. According to the American Journal of Medicine, Türkiye is one of the top 10 medical and health tourism destinations in the world. Affordability and safety are the primary forces propelling Türkiye to the forefront of global markets for health tourism services. The Law on the Method of Execution of Medicine and Medical Sciences No. 1219, the Fundamental Law on Healthcare Services No. 3359, the Regulation Regarding International Medical Tourism and Tourist Health (Health Regulation), and their secondary regulations and bilateral agreements govern medical services and health tourism matters in Türkiye.
According to Article 1 of the Health Regulation, the aim is to establish the minimum standard rules for health services provided at the international level, as well as to authorize the health institutions and intermediary institutions that will operate and to regulate the procedures and principles governing these healthcare activities. The Health Regulation also governs the standard licenses that a company must have in order to provide international health tourism services. These licenses have their own set of criteria and requirements that companies must follow in order to obtain them.
The Regulation on the Provision of Remote Health Services, which serves the provision of health services independent of place and geography based on modern technology, has been effective in Türkiye as of February 2022. The Regulation sets forth the procedures and principles regarding the provision of remote health services regardless of location, as well as, the supervision of health facilities.
According to the Regulation, health facilities that aim to provide distance health services must obtain a distance health service activity permit from the Ministry. Services such as examination, medical observation, counseling, psychosocial support services, e-prescription and e-report issuance can be provided remotely to the extent that distance service provision is appropriate. Furthermore, certain surgical operation services may be provided remotely if the Ministry's permission is obtained and the technological conditions are suitable.
Publication
As expected, the Australian Commonwealth Treasury released an exposure draft for the proposed new Australian merger regime on 24 July 2024.
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