The draft law on the creation of a new Centralized Center to Manage Medication Procurement initiated by the Ministry of Health, would have, according to the NAC, a lot of loopholes and corruption risks, claims.

According to the source, the project could soon be discussed in the Government. Its authors propose to organize all auctions in this field through this center and its establishment would be one of the main measures to ensure transparency and clarity in the procurement of medication.

However, an expertise, carried out by the NAC, shows that the document contains several "gaps and loopholes that will lead to insufficient implementation of the processes by the Centralized Center for Medication Procurement".

Additionally, the project provides that the Center will charge a fee of 0.5% of contracts, concluded by the medical institutions. The money would accrue into a special account and will be used to cover the Center's expenses related to its activities.

However, this provision is abusive, given that, according to the source, the Constitutional Court had previously declared unconstitutional the regulation, which provided for the right of the Medicines and Medical Devices Agency (institution that presently deals with procurement of medication) to charge 0.2% commission of the contract value from the winner of the tender.

The overall conclusion of the NAC report points out that adopting the draft law in the proposed wording, in the absence of corresponding amendments to the legislative framework that would expressly lay down the sanctions for breaches of the provisions, could result in project implementation difficulties and hinder calling to account the entities concerned.

The expert report can be seen here.

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