How legal are Piedone’s descent in hospitals? Patients: “They quarrel, and we bring our package from home”

The scandal arising from the controls of the National Authority for Consumer Protection carried out in the kitchens of the hospitals in Bucharest and the country is far from over. This morning, the Minister of Health, Alexandru Rafila, explained, with the law in hand, why the actions of the inspectors are considered illegal. ANPC, on the other hand, also invokes the law. In the middle, in a great legislative vacuum, patients who are alarm signal are caught: in general, the food is of poor quality, and the patients are often forced to bring home package. And all patients also come with solutions. This, while the state institutions are more busy to argue than to look for and find a solution.

In recent days, ANPC has organized a series of controls in the kitchens of several hospitals in Bucharest and the country, applying sanctions and fines. Expired foods, dirty refrigerators, portions of food smaller than should have been discovered, walls with fallen plaster, used udds, dust and misery.

The news did not fall well in the yard of the Ministry of Health, which subordinates hundreds over 300 hospitals and has reacted quickly. But not as we would have expected, namely to take measures to prevent these situations. What did they do instead? They transmitted a press release during Monday, which accused ANPC of illegally acting. Two laws were brought into question.

“The Ministry of Health is the authority empowered by Law 95/2006 through the State Sanitary Inspection, to carry out the official control in the field of public health. According to the provisions of the Emergency Ordinance no. 97/2001, the Ministry of Health, the Ministry of Agriculture and Rural Development and ANPC can carry out controls in the field of food only if a common legal framework is issued, respectively, at an order level between the mentioned institutions involved in the control of the food ”is shown in the statement. Without a word about how the problem will actually solve.

In response, ANPC argues that hospitals are not exempted from consumer protection regulations and also invoke the legislation. “According to the provisions of the Government Ordinance no. 21/1992 on consumer protection, more precisely Art. 1, the state (…) has the obligation to protect citizens as consumers. Thus, the unrestricted access to products and services, the complete information about their essential characteristics and the defense of the rights and interests of consumers, is ensured, including in the face of incorrect practices. Also, the provisions of this normative act apply to all types of commercialization of products (new, used or reconditioned) and services for consumers ”, the ANPC representatives transmitted.

The ANPC also said that the consumer definition also includes patients in hospitals, so that the sanitary units cannot be exempted from the regulations in force. “Article 2, point 2 of the same ordinance defines the consumer as any natural person or group of natural persons acting in their commercial, industrial, production, artisan or liberal and specifying that the hospital units are not exempted from the application of this framework. “

Alexandru Rafila accuse Piedone of abuse and propaganda

In this context, on Tuesday morning, during a press conference, Minister Rafila resumed the explanations. “According to the Ordinance 97 of June 21, 2001 … there it writes very clearly that these controls are possible by common order concluded by the Ministry of Health, ANPC and ANSVSA if it wishes. I am also eager to provide good conditions in hospitals and to know that in the vast majority of hospitals in Romania the conditions are good, and the control that the ANPC can do refers exclusively to food and refers exclusively to a situation where it concludes A partnership agreement, and our invitation remains open ”, the official said.

Specifically, Minister Rafila accuses ANPC of acting one, without consulting with the ministry, without inviting him to controls, without notifying him of their start. Moreover, the minister accused Cristian Popescu Piedone of abuse and propaganda. “The purpose of these checks does not think it is propagandistic in nature I think it must refer to the safety of the patient and to ensure a correct diet. This is our point of view, a professional, legal, assumed and I think that Mr. Piedone can do this and various internal orders given by the president of the ANPC cannot constitute a law ”, said the minister.

Hospital manager: “We do not enter the hospital with street boots”

And the managers of the hospitals “ironed” by ANPC inspectors reacted.

Cătălin Cîrstoiu, the director of the Bucharest University Emergency Hospital, said on the social networks that the institution should verify the economic operators and not the hospitals.

“Today, a smoke with windows enters stormy using the back gate of the University Hospital, to take a “parcel” to the hospital kitchen. What was the “parcel”? It was ANPC … and Mr. Cristian Popescu – Piedone. After a stormy visit, as in the “acceleration” of George Topârceanu, Mr. Piedone called me and congratulated me on how we prepare the food, for its appearance, for equipment, infrastructure and cleaning “reported Cătălin Cîrstoiu. The manager, however, made other clarifications, expressing his dissatisfaction with this control. “It is an epidemiological alert established by the Order of the Minister of Health – so the ANPC respects this, we do not enter, as we want, in the street boots. Any control has a legal basis, as long as it does not have it, even congratulated as a hospital, we have little to discuss. ANPC controls economic operators, or the hospital is a sanitary unit, it is not an economic operator. Moreover, I think it is a legal limit of competence, as the laws say and MS ”.

Vasile Barbu, president of the National Association for Patient Protection, commented on the statement stating that “I do not think the inspectors contaminated patients, doctors or cooks. They may have contaminated only with the scarecrow, let’s say, they have to do their job. “

In the kitchens of many hospitals it is sad!

What would the solution be? A compromise between the state institutions that should no longer show their muscles between them but, on the contrary, should collaborate, explained for “Adevărul”, Vasile Barbu. “Those from the Sanitary Inspection beat their controls. I mean, I don’t do the right thing. I do not do their job, I do not go to the kitchens too much ”, the patient told us.

“I had a meeting a year ago at ANPC, related to the condition of the kitchens and the quality of the food. There were also representatives from the Ministry of Health and the Sanitary Inspection. And, at the peak, the latter were the most fierce. That the ANPC has to carry out controls, but they. But they did nothing ”, said Vasile Barbu.

He recognizes that the association he runs has monitored the situation in hospitals itself, following the complaints and notifications from the hospitalized patients.

“I have found, over time, in the kitchens of the hospitals with sprouted potatoes, which are toxic if you eat them, shuttles that smelled altered meat. We found canned preparations that do not cover the food needs of a sick person. I found canned canned foods. There are hospitals without dietitians, who do not offer patients personalized food, depending on the condition they suffer. ”

Vasile Barbu said that the food prepared in certain hospitals is under any criticism. “As an aspect, as a taste and is left by patients on the plate. There are many hospitals with almost non -functional kitchens, where there are damaged, worn utensils, with inadequate refrigerators, cheerful cheerful, they do not have adequate storage spaces or a well -developed reception system. “

The patient said that he cannot agree with the position of the ministry as long as the authorized institutions do not do their job. “Why so far the sanitary inspection, which the Ministry of Health invokes, has not made controls? Last year I asked for a record of controls and I received nothing. Let’s see a list too … to show us every year how many controls did the kitchens. I was glad that ANPC did such controls. I always wanted them. “

“The ministry feels with the bite on the hat and made an arrogance” “

The Ministry of Health, continues Vasile Barbu, is in a true conflict of interest, which is why he would not have to react otherwise than he does: through the scandal. “The Ministry of Health is in a conflict of interest because it is a holder of great hospitals. But we should leave the dispute aside, there are some legislative regulations, and the ministry should act as if they did not own these hospitals. That is, objective in the interests of patients ”.

These legislative regulations referred to by Vasile Barbu could allow the ANPC a greater freedom of action. “Because we cannot say you do controls only in parts and commercial spaces. No, they must be done even in hospitals, because food and hospitals are made. I find it arrogant to tell this thing. “

The patient believes that the Ministry of Health should have another position, a much more cooperative position, “Because until now he has done nothing in this regard, nothing tangible. “

Crisis solutions: legislative regulations and cooperation of institutions

The representative of the patients in Romania considers that in order to solve this problem the state institutions should collaborate as a whole. To complement each other.

“Both the sanitary inspection and the ANPC should carry out controls throughout the circuit, from supply to food. Also, ANSVSA should participate in these checks, because certain foods can be contaminated. And the Ministry of Health must regulate the National Authority for Health Quality Management that has procedures and protocols after which it accredits the hospitals. The hotel regime and food, along with the other curative and diagnostic medical services, should be a priority for authorizing a health unit. I also believe that the directions of public health should inspect the hospitals, because they also have a role in controlling the circuits and the functional structure of the hospital ”, considers Barbu.

Patient: “Do you have no money to hold a kitchen? Externalize the service ”

Radu Gănescu, the president of the Association of Chronic Patients, believes that, indeed, there is a legislative vacuum that should be regulated. “When there are no regulations and the norms and laws are not well known, such discussions and such controversial situations appear. And something has to be done in this regard, “he said for” Truth “.

But another solution, much faster and easy to put into practice, would be the outsourcing of the services that provide food to patients. “If the hospital cannot cover the costs of its own kitchen with everything it involves, from food supply to equipment and employees, then the service should be outsourced. What happened in many hospitals. Many of them closed their kitchens and contracted catering companies. And the food is much more diversified, covering a wide range of needs of PacienţiloR ”, explains Radu Gănescu. QOtherwise, in order to drain their money and so few, the hospitals will continue to be in the situation of reducing the portions of food and using raw material of poor quality “And they will continue to serve people with boiled potatoes ”, COnchis Radu Gănescu.