Any patient who has been forced to pay for his hospital treatment because he limit of the hospital has been reached has the right to claim against the NHIF for the damages caused to him, including a claim for compensation for delay and compensation for default. This is because, against the obligation for health insurance, the law obliges the NHIF to pay the hospital the medical assistance.
The fund can not be released from liability on the grounds that the patient could have received medical treatment at another medical facility free of charge, because in Art. 4 of the Health Insurance Act stipulated that "Compulsory health insurance guarantees free access of insured persons to medical assistance through a set of health activities, as well as a free choice of contractor who has concluded a contract with a regional health insurance fund. "And" The right of choice shall be valid throughout the territory of the country and shall not be restricted by geographical and / or administrative grounds. "
The fund can not be dismissed with the argument that there are not enough funds, because according to Art. 81 of the LPA, "The fact that the debtor does not have the funds to fulfill the obligation, does not release him from liability."
The fund can not be exempted from liability by referring to a normative act because the Rules for allocation and the limits of the hospitals themselves are determined by a decision of the Supervisory Board of the NHIF.
CPRH will provide legal assistance to any patient wishing to file such a claim.