Result card

  • LEG13: Is Structured telephone support (STS) for adult patients with chronic heart failure subject to acquisition regulation?
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Is Structured telephone support (STS) for adult patients with chronic heart failure subject to acquisition regulation?

Authors: Ingrid Wilbacher, Valentina Prevolnik Rupel

Internal reviewers: Ingrid Rosian

(Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts.

Decision about which technology is provided?

If the provider of the telemonitoring by STS is a public organisation the acquisition control has to take place and is usually known and followed by the provider. For contracted parts within or connected with the STS telemonitoring the acquisition regulation could be relevant if a certain amount of costs (i.e. for software, for a company providing the whole package including structured telephone support) is reached. A bottom-up provision of structured telephone support using certain tools or a kind of subcontracted professional team should be aware of the existing acquisition legislation.

Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts {2}

For public services the Directive 2004/18/EC provides clear regulation for service exceeding an amount of € 162.000 or € 249.00 or € 6.242.000 (Art 7) for services not excluded from the regulation (Art 10, 11, 12, 18). Central purchasing bodies involvement is regulated within Art 11. Providing exploit public telecommunication networks or telecommunication services is excluded within Art 13. This Directive shall not apply to service concessions as defined in Article 1(4) (see Art 17). Article 44 regulates the choice of the participants and the follwoing articles regulate choice characteristics (personal, economic, suitability, pürofessional ability,quality, environment, operational certification, for the participating service contents or mechanisms (Art 45-52).

 

The Directive 2004/18/EC is possibly more detailed in respective/implemented national law. For Austria i.e. this would be the procurement law (Bundesvergabegesetz 2006) {26}

 

Important
Wilbacher I, Rupel V Result Card LEG13 In: Wilbacher I, Rupel V Legal aspects In: Jefferson T, Cerbo M, Vicari N [eds.]. Structured telephone support (STS) for adult patients with chronic heart failure [Core HTA], Agenas - Agenzia nazionale per i servizi sanitari regionali ; 2015. [cited 3 October 2022]. Available from: http://corehta.info/ViewCover.aspx?id=305

References