Securing the loan agreement of an entity conducting private medical activity in Poland by means of an assignment of receivables from a contract with the Narodowy Fundusz Zdrowia (National Health Fund)
DOI:
https://doi.org/10.35774/app2021.04.079Keywords:
the loan agreement of an entity, private medical activity, means of an assignment of receivablesAbstract
The subject of this article is an analysis of the possibility of securing a loan agreement of an entity conducting non-public medical activity in Poland by means of the assignment of receivables under the contract with the National Health Fund. The author of this publication focused on considering whether, in the light of the law, non-public entities conducting medical activity in Poland may secure their debts incurred for medical activity under contracts with the National Health Fund in agreements with banks. Is it possible, despite the fact that it is not possible for a non-public entity conducting medical activity in Poland to assign the contract for the provision of healthcare services to the bank, to guarantee the bank an effective collection of receivables from the National Health Fund, which are due to private hospitals for healthcare services provided.
References
Zimna, T. Changing service providers, [in:] Concluding healthcare provision agreements. ABC 1 (2007).
Act of 27 August 2004 on health services financed through public funds (Dz.U. 2018, item 1510, as amended).
Kowalska-Mańkowska, I. Art. 155, [in:] Act on health services financed through public funds. Commentary, issue III. Wolters Kluwer Polska, 2018.
The Banking Law of 29 August 1997 (Dz.U. 2018, item 2187, as amended). The Civil Code of 23 April 1964 (Dz.U. 2018, item 1025, as amended).
The Judgement of the Court of Appeals in Warsaw of 28 August 2014, sygn. akt VI ACa 1768/13.
Załucki, M. (ed.), the Civil Code. Commentary, Warsaw 2019; E. Gniewek, P. Machnikowski (ed.), The Civil Code. Commentary. Issue 8, Warsaw 2017.
https://www.iczmp.edu.pl/wp-content/uploads/2015/02/12-Z8-Istotne-postanowienia-umowy-przelewu-nazabezpieczenie.pdf (15.11.2020).
Judgement of Supreme Court of 8 March 2005, sygn. akt IV CK 628/04, OSG 2006, No 2, item 13; M. Załucki (ed.), Civil Code. Commentary, Warsaw 2019.
Resolution of the Supreme Court of 19 September 1997, III CZP 45/97; E. Gniewek, P. Machnikowski (ed.), Civil
Code. Commentary. Issue 8, Warsaw 2017.