European Health and Social Equity Federation (EHSEF) is available to assist foreign nationals in Italy.
Key Points on the Situation in Lombardy:
- National Health Service Obligations:
According to Italian law (Law No. 833/1978, Article 2), the National Health Service (NHS) is responsible for ensuring the diagnosis and treatment of illnesses, regardless of their cause, nature, or duration. The NHS must also protect the health of the elderly to prevent and remove conditions that may lead to their marginalization. - Family Responsibility and Legal Implications:
The Italian Constitution (Article 23) states that no personal or financial obligation can be imposed without legal backing. This implies that families of non-self-sufficient patients are not legally required to provide healthcare services to their relatives. However, emotional and material support is vital and expected within familial relationships. - Violations by Lombardy Region:
The Lombardy Region has been acting contrary to national laws by pressuring relatives of non-self-sufficient patients to accept their discharge from hospitals and care facilities, thereby transferring the responsibility for continuous care onto the family.- Consequences of Accepting Discharge: Relatives who accept the discharge bear full responsibility for the patient’s care, facing potential legal and financial burdens.
- Contracts with Nursing Homes (Rsa): Families may be forced into onerous contracts, including high fees and large deposits, with provisions that allow nursing homes to unilaterally increase charges or discharge patients.
- Failure of Local Health Agencies: Local health agencies (ATS and Asst) fail to guarantee the necessary health and social care services required by non-self-sufficient patients, as mandated by state laws.
- Protective Measures Against Discharge:
Relatives can oppose hospital discharges to avoid assuming the care responsibilities. The opposition should be formalized through a letter, which is crucial to avoid signing any documents that could lead to financial and legal liabilities. - Financial Assistance and ISEE Application:
Municipalities are required to assist with the costs of care in nursing homes for patients who cannot afford it, as per the ISEE (Indicator of Economic Situation). However, many municipalities do not correctly apply these regulations, often imposing more stringent conditions than those set by national law. - Role of Legal Guardians:
Family members are advised to request the appointment of a legal guardian for non-self-sufficient relatives to protect their interests and avoid the appointment of an unrelated person by the healthcare institution. - Criminal Complaint Filed:
Due to the ongoing and severe violations of patient rights in Lombardy, a criminal complaint was filed with all the region’s Prosecutors on November 15, 2019. Families are encouraged to report any breaches of their relatives’ rights to the relevant authorities.
For further assistance, contact the European Health and Social Equity Federation (EHSEF) infp@ehsef.eu.
