The Health Policy and Mother and Child Departments of the Ministry of Health deliver health programmes under Article 48 of the Act of 27 August, 2004 on healthcare services financed from public funds (Journal of Laws of 2008, item 164, item 1027, as amended). The selection of the programme contractors is performed under the provisions of the Ordinance of the Minister of Health of 11 March, 2010 on the performance of works on development and delivery of the health programmes (Journal of Laws No. 4, item 32). These provisions provide no opportunity to conduct the activities of corruptive nature and constitute the effective corruption preventing tool.
According to § 4(1) of the Rules and Regulations of Work of the Contest Committee constituting Appendix 2 to this Ordinance, at the time of assessment of a given bid, the following person is excluded from works of the Contest Committee:
- Person being in the composition of the statutory authorities or acting as a manager at the bidder in the healthcare facility, to which a given bid refers or acting as the representative of the bidder of this facility;
- Person being a spouse, relative or akin by affinity in direct line, relative up to fourth degree , akin up to second degree of the person being in the composition of the statutory authorities or performing the managerial function at the bidder’s in the healthcare facility or acts as the representative of any of these persons;
- Person related to any person being in the composition of the statutory authorities or performing the managerial function at the bidder’s in the healthcare facility to which the bid refers or acts as the representative or any of these persons as a guardian or carer;
- Person being the employee of the healthcare facility bidder, to which the bid refers, employed under the employment contract, assignment, appointment or civil law agreement;
- Person participating in drawing-up of the bid documentation of any of the bidders.
The members of the Contest Committee are obliged, when performing their duties, to maintain impartiality and confidentiality of data and information contained in the bids. Each time, prior to assessment of the bids, the members of the Committee are obliged to sign declaration of impartiality and confidentiality with regard to each assessed bid, upon familiarizing with the list of bidders.
The key determinants of reliable, professional and credible delivery of tasks assigned to the Ministry of Health are its employees. Due to the above, it is of a key importance that the employees of the Ministry have the opportunity to gain necessary knowledge and access to applicable materials, so as building their ethical and anti-corruption sensitivity.
An internship in the Anti-corruption Activities Monitoring Division of the Department of Supervision, Control and Complaints of the Ministry of Health is a part of the preparatory service. This organizational unit is responsible, among others, for coordination and monitoring of the programmes or projects delivery in the area of tackling corruption in healthcare sector, effectiveness analysis of the applied anti-corruption practices and cooperation with public institutions and social organizations in the scope of tackling corruption in healthcare. During this internship the employees are familiarized with legal status regarding corruption as well as anti-corruption activities taken by the Ministry of Health.
In addition, all employees of the Ministry of Health are obliged to provide a written statement confirming that they familiarized themselves with the content of the Ordinance no. 70 of the President of the Council of Ministers of 6 October, 2011 on guidelines for complying with the civil service rules and on the ethical rules of the civil service corps (Polish Monitor No. 93, item 953).
Moreover, Intranet of the Minister of Health (internal informational site) publishes the Anti-corruption guidebook for the officers and Recommendations for anti-corruption proceedings in applying the public procurement procedure – both publications were drawn-up by the Central Anti-Corruption Bureau and aim at providing indispensable knowledge to public sector employees.
The Ministry of Health appointed also the ethics consultant performing the following duties:
- consulting and providing information in the scope of rules of proceeding and ethics;
- analysis and monitoring of the ethical rules and standards in force to provide their effective application;
- initiating and analyzing the new legal acts, rules and standards in the field of ethics;
- conducting informational and educational activities among the employees on ethical issues and corruption tackling;
- supporting, opinioning and initiating the actions on counteracting and preventing corruption in the office;
- continuous cooperation with the other consultants and information exchange;
- analyzing best practices and performing comparative analyses with the other organizations.
The employees of the Ministry of Health participate in various trainings dedicated to among others: ethics of the officers, anti-corruption restrictions in the offices, effectiveness and efficacy in the public sector, managerial supervision, delivery of public procurements organized by the external entities, including international entities – on 3 March, 2011 three employees of the Ministry of Health participated in the EHFCN Workshop – How to combat fraud with analytics. The workshop was organized by the European Healthcare Fraud and Corruption Network, the only European organization involved in counteracting corruption in healthcare, member of which is the Ministry of Health.
The official website of the Ministry of Health contains a Tackling the Corruption tab displaying the materials of anti-corruption nature and information on the activities of the Ministry in this scope.
All information on the events bearing the features of corruption may be reported at the following email address: firstname.lastname@example.org
In addition, to ensure due transparency, all employees of the Ministry of Health at the position of main specialist and above submit property statements.
The health service providers are selected under Article 15a(6) of the Act on Healthcare services financed from public funds. Pursuant to the Ordinance of the Minister of Health of 27 October, 2009 on performing the tender contest for the delivery of highly-specialized services financed from the state budget (Journal of Laws No. 183, item 1435), issued under the said Act, the service providers, with which the minister of health concludes the contracts for the delivery of highly-specialized services, are selected by means of the tender contest. The mode of announcing and conducting the contest is specified by the said ordinance. The contest consists in two stages:
I stage – verification and classification of the submitted bids;
II stage – negotiations with the classified bidders on the price and number of highly-specialized services.
The contest is carried-out by the contest committee appointed by the minister of health. The members of the committee may not be the person, who:
- is in the composition of the statutory authorities or acts as the manager at the bidder or as the representative of the bidder;
- is a spouse of the bidder or its relative or akin in direct or side line up to second degree;
- remains under the guard, care or tutelage of the bidder;
- remains in a legal or factual relation with the bidder which may arise justified doubts as to its impartiality or its spouse or a life partner remains in such relation in the area of selection of the providers of highly-specialized services covered by the bid submitted by this bidder.
In the case of occurrence of circumstances referred to above, the minister of health excludes such committee member and orders repeating of the procedure in the amended composition of the committee.