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In brief

On 18 March 2022, the National Agency for Regional Health Services (Agenas) published a notice to collect proposals for public-private partnerships aimed at awarding the concession for the design, implementation and management of the national platform for telemedicine provided for by the “Health” mission of the National Recovery and Resilience Plan.


Key takeaways

  • According to the notice, partnership proposals can be submitted by qualified economic operators having the technical and professional qualifications provided for by law no later than 18 May 2022.
  • The main objective of the platform is to reduce the differences among regions and create a fundamental level of interoperability aimed at ensuring common standards for telemedicine services developed by each region, enhancing what is already available at the local level and completing the service portfolio.
  • To ensure greater supervision over the award of the platform, Agenas signed a protocol with the National Anti-Corruption Authority (ANAC) with the purpose of verifying that the tender documentation complies with the applicable regulation and identifying clauses and conditions suitable for preventing criminal infiltration attempts. In this regard, the ANAC will monitor the legitimacy of: (i) the tender notice or the invitation letter in the case of negotiated procedures; (ii) the tender rules; (iii) the tender specifications; (iv) the draft contract; (v) the contract entered into by the parties; (vi) the decisions appointing commissioners and members of the evaluation committee; (vii) the exclusion and awarding decisions; (viii) the tender minutes; and (ix) the minutes excluding abnormally low offers.
Author

Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.

Author

Riccardo Ovidi is an Associate in Baker McKenzie Rome office.

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