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The Supreme Court repeals an instruction that forced companions of patients at UCCK to pay a fee

2026-05-13 16:37:24, Kosova & Bota CNA

The Supreme Court repeals an instruction that forced companions of patients at

The Supreme Court has annulled as illegal an administrative instruction of the Ministry of Health, which forced the companions of patients at Kosovo's largest public hospital to pay a fee of 3 euros to stay with them.

In a media release on Wednesday, the court said that the Ministry, through this instruction in 2024, had exceeded the legal authorization granted by the Health Law, creating a new financial obligation without a clear legal basis, and in violation of the principle of legality.

The decision comes after a lawsuit filed by the non-governmental organization, the Kosovo Law Institute (KLI), against the Ministry of Health.

The KLI challenged in court the legality of the provisions of the administrative instruction through which a payment of 3 euros was determined for each day of hospital stay for each companion of patients over the age of 15.

In the complaint, the KLI argued that the Law on Health defines co-payment as a financial instrument paid for healthcare services by persons who use those services, while the accompanying person cannot be considered a user of healthcare services, as he is not subject to medical treatment and does not benefit from diagnostic, therapeutic or rehabilitation services.

The Supreme Court said that, after reviewing the evidence and constitutional and legal provisions, it has concluded that the contested provisions do not have a sufficient legal basis and that they have unduly expanded the notion of "co-payment".

The court ruled that co-payments can only be imposed on persons who are direct beneficiaries of a health service, and not on patients' companions.

"According to the Court's assessment, the accompanying person does not meet this criterion, as his presence in the health institution is related to supporting the patient and not to receiving health services," the decision states.

Many Kosovars are forced to accompany their sick relatives during their hospital stay, as the healthcare system continues to face pressure due to limited resources and the emigration of medical staff.

The Ministry's decision to add this now-repealed instruction had made their lives even more difficult.

Several citizens whom Radio Free Europe spoke to in late February complained about the double burden of care and payment at the University Clinical Center of Kosovo (UCK).

On average, around 300 nurses leave Kosovo each year, mainly to European Union countries, in search of higher salaries and better working conditions.

This phenomenon is also present in regional hospitals in Kosovo.

Ai ka kufizuar kapacitetet e sistemit dhe ka rritur barrën mbi stafin e mbetur, por, në mënyrë indirekte, edhe mbi familjarët e pacientëve./REL