In line with the new Health Care Law (“Law“) which came into force on April 11, 2019, the Business Registers Agency (“BRA“) announced the establishment of a new Register of Health Care Institutions on October 11, 2020, after which the Health Care Institutions, both private and public owned, shall be obliged to harmonise with the Register of Health Care Institutions maintained by BRA.
Apart from this Register, the BRA shall also maintain the Uniform records of health care subjects, containing unified data regarding health care institutions and private practices on the territory of the Republic of Serbia.
The new Register of health care institutions will be an electronic, central, public database of health care institutions available to everyone on the BRA portal, which will facilitate to great extent access to data regarding health care institutions pertaining to business information, internal organisation and changes taking place within the health care institutions.
In accordance with Article 263 of the Law, the BRA is obliged to establish a new Register of health care institutions and officially transfer the data regarding health care institutions from the Commercial Courts’ Register, according to the last registered status, within 18 months from Law coming into force, i.e. until October 11, 2020.
Deadline for harmonisation for health care institutions
The procedure of harmonisation with the Register of Health Care Institutions will last three months, starting from October 11, 2020, to January 11, 2021. Within that period, the procedure shall be conducted without having to pay any fees to the BRA.
Applicants will be obliged to pay the fee of 4.900 RSD if the registration application for harmonisation is submitted after January 11, 2021.
Necessary documents
In accordance with Article 33. of the Rulebook on detailed contents of the Register of Health Care Institutions and documents required for registration, the following documentation must be submitted along with the registration application for harmonisation as originals or certified copies of originals:
- Valid memorandum of association, adopted by the founder, whereby the signature of a privately owned health care institution’s founder shall be certified in line with the law;
- The new article of association adopted by a privately owned health care institution founder i.e. the management board of a publicly owned health care institution;
- Approval of the relevant body for the new article of association of a publicly owned health care institution;
- Decision i.e. extract from the relevant institution’s act determining the weekly working schedule as well as start and end of working hours at a health care institution.
Obligation related to harmonisation of general acts of health care institutions
Publicly and privately owned health care institutions, as well as private practices, probably already harmonised their general acts, organisation and work with the provisions of the Law, taking into account that they were obliged to do so within 12 months from the Law coming into force, i.e. until April 11, 2020.
Even though no sanction is prescribed for health care institutions which have failed to fulfil this obligation, those who have not completed it within the prescribed deadline will certainly have to harmonise their general acts, organisation and work with the Law, before the process for harmonisation with the Register of health care institutions begins.
This article is to be considered as exclusively informative, with no intention to provide legal advice.
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By Milan Petrovic, Managing Partner, and Sara Necic, Senior Associate, PR Legal
