"Henry Dunant" Hospital: The amendment of "shame" and the "gift" to "HEMITHEA" SA

In this case also, the Greek government has acted as ... "hare", speeding up developments and made sure to guarantee, not the rights of Greek public and patients, but the interests of a private, in whose favor has legislated an amendment. By this amendment made sure that the private can via an auction to acquire not only the building but also the operation license and the mark of the hospital.

Because, as it seems, the issue for Piraeus Bank, (which according to press articles seems that owns "HEMITHEA SA"), was not just to satisfy its demands for the loans to the "Henry Dunant", but to take possession of it as a whole, together with intangible assets.

The debate in the House on September 18, 2014, when the Minister of Health, Mr. Voridis, introduced the amendment in question, (which although late, urgently passed in the bill for the exploration and exploitation of hydrocarbons), is revealing.

The parliamentary spokesman of SYRIZA, Thodoris Dritsas, reading between the lines of the amendment, addressing Mr. Voridis said: "So now we know the successful bidder. There must not be many."

"No, we do not know him. Why do you say that? How can we know him? We do not know that. I do not know him, though. You can you know something more. But I do not know him", replied the Minister of Health, which was "saved" by the bell of the Chairman of the House.

Read from the Parliamentary Papers, the placements of Voridis and Dritsas:

MAVROUDIS VORIDIS (Minister of Health): Thank you, Mr President.

Ladies and gentlemen of my colleagues, I asked to speak in support of an amendment that has been tabled by the side of the Ministry of Health and configures a specific issue. Allow me to briefly explain which is the specific issue which is regulated and why is filed late. I will also explain the reasons for the urgency, required by the late submission.

(At this point, Presidential Seat is occupied by the First Vice President of the Parliament Mr. JOHN TRAGAKIS)

The amendment adjusts the following matter. There is the auctioning of a specific asset or rather of unity of assets and this auction follows the procedure laid down in Article 1022 of the Civil Code, i.e. as qualifying asset. Here, the amendment adjusts the fact that along with the auctioned assets transferred also the official operation license.

There have been court decisions. There is a decision of the First Instance Court of Athens, that believes that is indeed so. The truth is that this is logical because when a module of assets is transferred, this module is arranged in a certain way to serve a specific purpose. This purpose cannot be served, unless is also transferred the administrative operating license, because otherwise is no longer a module arranged for economic purposes. The assets should be considered as individual assets.

So, what is done here is just that we (even though there have been court decisions that accept the argument put forward here, in order to avoid any possible dispute, and to facilitate standard procedures for the transfer of official operation license), regulate this very purpose .

So, what do we say? We say that when a specific asset goes to auction, by Article 1022 of the Civil Code, together with the assets is transferred the official operation license, with a procedural manner that is defined with the amendment.

This is the setting. I repeat; this makes perfect sense. It serves the economic purpose and therefore I think that poses no problem, on the contrary it removes potential issues. The amendment so far, accepts this legislative direction.

Why urgently? The answer here is as follows. What really this amendment, sets? What this amendment has in mind? It has in mind the auctioning of assets of "HENRY DUNANT" Hospital, which is next Wednesday on 24 September. The assets of HENRY DUNANT will go to auction, being curtailed after seizure imposed on the requirements of Piraeus Bank. Piraeus Bank has initiated the process of auctioning.

I repeat that this is a module, which preserves the operation of HENRY DUNANT, jobs and all. One of the ways to preserve all that is obviously the individual, who decided in the auction to get this module, to have the ability to operate the hospital, otherwise it will not be served the social and economic purpose of this procedure.

Why late? Late, because while my view is that it can be adjusted in a bill of the Treasury, there is an issue here. If this setting is not unambiguous, may this abeyance to be a deterrent to being awarded a contract.

The successful bidder worried about whether ultimately the license will be transferred or not, and so this may be a deterrent to the expression of interest and to ensure the continuity of "HENRY DUNANT" by any successful bidder in the auction.

So the delay was for this reason. There is a need to vote on the amendment, because ahead of us there is the specific auction. The need for regulation is specific.

For this propose, Mr President, ladies and gentlemen, we suggest to accept this amendment.

Thank you very much.

THEODORE DRITSAS: Mr. President, can I ask the minister something?

CHAIRED (John Tragakis): Ask, because he might leave now.

THEODORE DRITSAS: Mr. Minister, I would like, -because obviously you will leave and will not stay with us-, to ask you two questions. My first question was answered already, ie how many cases will be regulated by this amendment. Obviously, only one and you mentioned it. I do not think there will be another.

My second question is this: As far as I know, it is a different thing to establish a building intended for health care facility, a clinic, a hospital with equipment etc. and other thing is the license for its operation.

MAVROUDIS (MAKIS) VORIDIS (Minister of Health): Well, you are absolutely right.

THEODORE DRITSAS: licensing of operation requires certain conditions that must be fulfilled.

With this automatic transfer of the license, whichever bidder businessman takes the hospital will also take the operation license, perhaps without fulfilling the conditions.

And then, if you want to check him, he will plead that "I took the operation licence by law and no one can challenge it" How can this be set?

MAVROUDIS (MAKIS) VORIDIS (Minister of Health): I would like to answer, Mr. President.

CHAIRED (John Tragakis): Please, answer Mr. Minister, because it really is interesting question.

MAVROUDIS (MAKIS) VORIDIS (Minister of Health): Thank you, Mr President.

The truth is, I repeat, that the concept of urgency is associated with the certain case. But the amendment is general. And allow me to tell you that it is rational setting.

I do not know if in the future there will be some such auctioning process, which will be done for a module of assets, the assets of a business. It may be in the future.

So, I consider absolutely logical, in order the auction to make sense, that should be accompanied by official operation license, otherwise what to do with an arranged module without an operation license? This is therefore quite obvious.

So, although, indeed, we have in mind a particular auction, - absolutely true and I did say that -, but on the other hand the amendment sets an issue in a general way.

You rightly raised a concern, which on my own omission was not covered.

The operation license is transferred under the strict condition that the new entity, the successful bidder, will meet the requirements of Articles 2 and 3 of Presidential Decree 247/1991, regulating those that must be met.

So the successful bidder must fulfill the requirements of Presidential Decree to operate a private clinic. Must be issued a declaratory act of the administration otherwise the process cannot be completed.

THEODORE DRITSAS: So we already know the successful bidder. There must not be many.

MAVROUDIS (MAKIS) VORIDIS (Minister of Health): No, we do not know him. Why do you say that? How can we know him? We do not know that. I do not know him, though. You can you know something more. But I do not know him.

(At this point striking the bell end of the airtime of Minister)

I conclude, Mr. President.

I know, therefore, that there is an auction process. Whoever comes knows that takes a private clinic and therefore knows that he should meet the conditions of the Presidential Decree. How the administration is certain about this? The successful bidder must come five days after the award of the notary act in the auction, notify the administration that is the successful bidder, the administration must check, within one month if there are indeed the requirements of Articles 2 and 3 and issue a declaratory act, by which verifies the transfer of the operation license.

Voting in favor of the amendment was presented as a measure for the operation of the "Henry Dunant" and the jobs of about 1,000 people working in the hospital.

Newsbomb.gr, with apocalyptic articles will bring to light all the information about the size of the scandal which is in full swing...