Opening of private facilities: Exception on authorizations. The surprise in the Decree Law on Public Administration. Article “Il Sole 24 Ore Health”

What seems to be a way to simplify the administrative authorization procedures for the construction of new private locations onto the territory, it is instead a measure that can turn around the planning, liberalizing out right initiatives in the private health care market.

The reference is to Article 27, paragraph 2, of Legislative Decree 90/2014 (SEE), which deletes the paragraph 3 of art. 8 of Legislative Decree n. 502/92, published below, which states as a necessary condition for the realization of social and health agencies, the release from the Region of the certificate of compatibility of the project, related to the overall requirements and the geographical location of the structure to be built , depending on the presence of similar activities in the region. The paragraph indicates that the certificate is essential for municipalities to issue the building permit.

This way, by applying the prediction of Decree 90, it would liberalize the construction of facilities, making the regional programming unnecessary, also in contradiction with the measure authorizing the exercise of the activity.

In essence, it would leave the freedom to build where you want, even without the certainty to carry on the business, subject to approval based on structural, technological and organizational requirements and on the compatibility with the overall needs and the distribution of existing facilities.

This is a choice that could serve as a premise in these conditions, even after a change of path in the process of accreditation that today follow the authorization process.

Below art. 3 of Legislative Decree 502/92 (repealed by Decree-Law no. 90/2014):

1. For the construction of health facilities and health and social acquires the City, in the exercise of its powers in relation to authorizations and concessions in art. 4 of the Decree-Law of 5 October 1993 398 converted, with amendments, by Law of 4 December 1993, n. 493, as amended, the verification of compatibility of the region’s project. This verification is made in relation to the overall requirements and the geographical location of the facilities present within the region, in order to better ensure the accessibility services and enhance the priority areas of settlement of new facilties.