The State Disciplinary Commission determined that Vuk Kadic as director of the Health Insurance Fund (FZO), he exceeded his official authority when he signed contracts with foreign clinics without the consent of the Ministry of Health, for which he was terminated from his employment.
Kadić has the right to file a dispute against this decision before the Administrative Court within 20 days.
According to the decision that "Vijesti" had access to, the state disciplinary commission assessed that Kadić committed a serious breach of official duty under the Law on Civil Servants and State Employees - abuse of official position or exceeding authority in the service.
Explaining this decision, the chairwoman of the commission Diana Radulović It stated that Kadić, as a civil servant, acted beyond the limits set by law by concluding the contract, assessing that the conduct did not represent an isolated individual omission but a pattern of conduct. It claims that a more lenient measure would not achieve the purpose of punishment or prevention, nor would it be proportionate to the gravity of the violation committed.
Kadić, who has not yet officially received the decision, says that earlier announcements that the State Disciplinary Commission, as a body appointed by the Government, would succumb to political pressure and make a scandalous decision, putting political interests ahead of professional integrity, have come true. He announced that he will use all legal means and continue the fight in court, although regardless of the outcome of the court proceedings, he will not return to the position of director of the Health Insurance Fund.
Commission: Consent is explicitly required
The Commission rejected the proposal to hear the assistant directors of the Health Insurance Fund and the State Secretary of the Ministry of Health because the presentation of such evidence is not necessary for a proper and complete determination of the factual situation. They explained this by arguing that the subject of proof is not the question of whether these persons were aware of the existence of the contract and whether there was communication and consent “in a factual sense”, but whether there was consent as prescribed in Article 77 of the Law on Mandatory Health Insurance. This article provides that “for health services that cannot be provided by health service providers in Montenegro with whom the Fund has concluded contracts, the Fund shall directly conclude a contract with a health institution outside Montenegro, with the consent of the Ministry”.
In relation to the proposal to obtain a listing of telephone communications between the director of the Health Insurance Fund and representatives of the Ministry of Health, the minister, secretary and assistant to the Health Insurance Fund, the state disciplinary commission also rejected the proposal because, they considered, this evidence was not suitable to confirm the decisive facts in the proceedings.
"The mere fact that there was communication between the aforementioned persons, even if it were established, does not constitute evidence that the Ministry of Health gave consent within the meaning of Article 77 of the Law on Mandatory Health Insurance, nor could the content of the listing determine what was discussed, what the content of that communication was, and whether any consent was given on that occasion," the decision states.
The State Disciplinary Commission also did not accept the objection that the Board of Directors of the HIF is not authorized to initiate disciplinary proceedings. They claim that the Board of Directors has powers arising from the regulations governing the organization and work of the HIF, and as the body responsible for the legality of the institution's work, they are authorized to take measures to determine the responsibility of the person performing the function of director...
"In addition, the fact that the Board of Directors is not a classic head of a state body does not automatically mean that it is deprived of any authority in relation to the director of the Health Insurance Fund, because such an interpretation would lead to a legal vacuum in which the director of a separate legal entity with public authority would practically be exempt from disciplinary liability," the decision states.
The presented evidence, it is alleged, confirms that Kadić was aware of the existence of the obligation to obtain consent, which stems from the fact that he had previously requested and received such consent for certain contracts.
They also believe that the long-standing practice of concluding contracts cannot derogate from an explicit legal norm, nor does it constitute a basis for acting contrary to the regulation. They also conclude that it is particularly significant that the contracts “had financial consequences for the Health Insurance Fund, that is, for funds that represent public funds and are provided from the mandatory health insurance system”. They also did not accept the defense’s allegations that the absence of termination of the contracts or the fact that they are still in force constitutes evidence that there was no violation.
Kadić: Precedent in previous practice
In a statement to "Vijesti", Kadić said that this decision has set a precedent in previous practice and called on the State Disciplinary Commission to publish at least one decision from its previous practice in which, in comparable circumstances, such a measure was imposed.
"I do not want this story to be reduced to a question of function or job. Functions come and go, but professional results, expertise and personal integrity remain. Unlike the Minister of Health and the President of the Board of Directors, my professional credibility was built over years, long before I took up this position. I was not silent about anomalies and problems in the healthcare system even before 2020, and I will not be silent in the future, because it is a question of personal integrity, responsibility and attitude towards the public interest," said Kadić.
He assessed that a quality healthcare system cannot be built if those who manage it do not understand medicine and how healthcare works. The accidental Minister of Health and members of the Steering Board have shown that they have very limited knowledge in this area, but even greater responsibility lies with those who have entrusted them with the management of one of the most important systems in the country.
"It remains the obligation of all of us to defend the principle of legality and the right of every citizen to have their rights decided by independent and credible institutions, solely on the basis of law and facts, and not on political decisions made in advance. For this reason, I will use all legal means at my disposal and continue my legal fight before the competent courts. Not to return to the position of director, because I consider that chapter of my professional life to be over and I will not return to that position, regardless of the outcome of the court proceedings, but to prove that everything I have done since June 2022 was in accordance with the law and solely in the interests of the insured and public health," Kadić emphasized.
He says that he is proud of every day he spent at the helm of the Health Insurance Fund and of the results that he and the management at the time achieved in building a fairer and more efficient healthcare system.
"The truth can be temporarily suppressed, but it cannot be defeated. Functions can be taken away, but honor, expertise and professional integrity cannot. That is why I continue this fight calmly, resolutely and to the end, not for myself, but for the principle that the law and justice must be above political arbitrariness," said Kadić.
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