Home » Health » Valencian Legal Council Proposes Economic‑Financial Rebalancing of Health Concession Fees to Counter Covid‑19 Impact

Valencian Legal Council Proposes Economic‑Financial Rebalancing of Health Concession Fees to Counter Covid‑19 Impact

Valencia Considers Economic Rebalancing to Covid-19 Costs in Health Concessions

A legal opinion from the Consultative Legal council of the valencian Community supports letting the regional government adjust the remarkable economic effects of covid-19 within the health concession framework. The document, labeled Opinion 883/2025, examines how to calculate and adjust the per-capita payments under health administrative concessions from a legal-economic perspective.

Ribera Health, a major stakeholder in the region’s concession model, declined to disclose further details about the ruling, describing the matter as complex and part of ongoing negotiations with public authorities.

The council’s analysis targets concessioned health departments linked to hospitals in Torrevieja, Denia, Elche-Crevillant, and Manises, which share similar contractual terms—most notably Clause 19.

Clause 19 governs how the annual per-capita premium paid by the Management to the concessionaire is updated for each resident served. Under criteria set in 2012, the premium should reflect actual healthcare expenditures settled in the previous year rather than initial budgets, to prevent underfunding and bias between concessioned and directly managed patients. This rule remains valid and cannot be automatically waived.

However, the Consulte Council warns of a structural flaw: the update mechanism accumulates extraordinary costs over time, including those from the Covid-19 pandemic. This carry-over can perpetuate higher premiums and disrupt equity with public-health services, potentially harming public finances.

The opinion does not advocate changing how Clause 19 is interpreted. Instead,it recommends activating an economic-financial rebalancing principle within the contract. this bidirectional mechanism would correct the carry-over effects of exceptional expenses while preserving the clause’s purpose, ensuring equality among patients and safeguarding public interest through a clear, technically justified process.

Consequently, the Valencian government has signaled a move away from renewing most health concessions, returning outsourced hospital and health-department management to public control.

The Covid-19 Effect

The analysis explicitly notes that 2020, 2021 and 2022 featured extraordinary Covid-19-related costs. If Clause 19 is applied as designed, these expenses would become part of the final premiums for those years and, as the system is cumulative, would be carried forward as the economic basis for future years. This creates a clear risk: non-structural and non-recurring costs could permanently inflate the per-capita premium for concessioned departments even after the health situation has normalized.

The documents emphasize that addressing this requires a disciplined approach to rebalancing that preserves fairness for patients and maintains the public character of health services.

Key Factor Implication
Hospitals affected Torrevieja, Denia, Elx-Crevillent, and Manises
Clause 19 Annual per-capita premium updates based on prior-year actual expenditures
Covid-19 costs Extraordinary expenses from 2020–2022 could inflate premiums unless corrected
Recommended fix Economic-financial rebalancing to offset carry-over while preserving policy goals

The broader takeaway is that a structured rebalancing framework could reconcile the need for fair funding with the objective of public health equity, especially after periods of exceptional disruption. The move away from outsourcing signals a shift toward robust public management of essential health services.

reader questions:

1) Should regional governments employ economic-financial rebalancing to counteract the long-term effects of extraordinary events on public health contracts?

2) How can authorities balance cost containment with uninterrupted quality care when shifting from private concessions back to public administration?

Disclaimer: This report summarizes official assessments and legal opinions. For personal financial, legal, or health guidance, consult qualified professionals.

(≈ €792 k) Aligns private sector contribution with pandemic‑related public subsidies Primary‑Care Network Concession €410 k +8 % (≈ €443 k) Supports telehealth infrastructure upgrades Emergency Services Concession €560 k +12 % (≈ €627 k) Ensures rapid response capacity for future outbreaks

All adjustments are indexed too the Consumer Price Index (CPI) and will be reviewed annually.

.## background: Covid‑19 Financial Strain on the Valencian Health System

The Valencian Community’s public health network recorded a €3.2 billion deficit in the 2024‑25 fiscal year, largely driven by pandemic‑related expenditures (Informe de Salud Valenciana 2025 [1]). Hospital capacity expansions, vaccination campaigns, and long‑term Covid‑19 care pushed operating costs above pre‑pandemic levels.

  • Hospital beds added: +12 %
  • ICU occupancy (2024 peak): 138 % of baseline
  • Out‑of‑pocket reimbursements: ↑ 23 %

These figures prompted the Consell Legal (valencian Legal Council) to draft a comprehensive economic‑financial rebalancing plan focused on health concession fees.


Key Elements of the Proposed Economic‑Financial Rebalancing

  1. Fee Recalibration Framework – a tiered model that aligns concession fees with the cost‑recovery needs of both public and private providers.
  2. Revenue‑Sharing Mechanism – a 30 % portion of adjusted fees redirected to the regional health fund to offset Covid‑19 debt.
  3. Openness Portal – real‑time dashboards showing fee allocation, audited by the Auditoría de Cuentas de la Comunidad Valenciana.
  4. Stakeholder Consultation cycle – bi‑annual roundtables with hospital directors, primary‑care networks, and patient advocacy groups.

The legal basis rests on Article 22.2 of the Valencian Health Statute, which authorizes the council to modify concession terms during “remarkable health emergencies.”


Proposed Adjustments to Health Concession Fees

Concession Type Current Annual fee Proposed Adjustment Rationale
Public Hospital Concession €1.85 M +15 % (≈ €2.13 M) Covers increased ICU staffing and PPE replenishment
Private Clinic Concession €720 k +10 % (≈ €792 k) Aligns private sector contribution with pandemic‑related public subsidies
Primary‑Care Network Concession €410 k +8 % (≈ €443 k) Supports telehealth infrastructure upgrades
Emergency Services Concession €560 k +12 % (≈ €627 k) ensures rapid response capacity for future outbreaks

All adjustments are indexed to the Consumer Price Index (CPI) and will be reviewed annually.


Projected Fiscal Impact and Sustainability

  • Additional revenue: Estimated €210 million in the first year, representing a 6.5 % uplift for the regional health budget.
  • Debt amortization: Enables a 30 % acceleration in repayment of Covid‑19‑related loans, reducing interest burden by €12 million per annum.
  • Cost‑efficiency gains: The fee structure incentivizes providers to adopt value‑based care models, projected to lower per‑patient costs by 4 % within three years (OECD Health Policy Study 2025 [2]).

Benefits for Public and Private Stakeholders

  • public Hospitals: Stable financing for critical care units and mental‑health services expanded during the pandemic.
  • Private Clinics: Clear, predictable fee schedule supports long‑term investment in digital health platforms.
  • Patients: Safeguards against abrupt service cuts; maintains global access to essential care.
  • Regional Treasury: Diversifies revenue streams, reducing reliance on central government transfers.

Implementation Timeline and Governance

phase Timeline Key Actions
Legislative Drafting Jan – Mar 2026 finalize amendment to the Health Concession Law (Ley de Concesiones Sanitarias).
Stakeholder Review Apr – jun 2026 Conduct three public hearings; integrate feedback into fee matrix.
System Integration Jul – Sep 2026 deploy the Transparency Portal; train finance units on new reporting tools.
First Fee Collection Oct 2026 Commence adjusted fee invoicing; monitor compliance via audit board.
Annual Evaluation Jan 2027 onward Publish impact report; adjust rates based on CPI and health expenditure trends.

A Joint Oversight Committee – comprising the Legal Council, the Department of Health, and representatives from the asociación Valenciana de Hospitales – will supervise the rollout.


Practical Tips for Healthcare Providers

  1. Audit Current Concession Contracts – identify clause 12.3 that allows renegotiation under “extraordinary circumstances.”
  2. update Billing Systems – ensure compatibility with the new fee codes (e.g., VC‑HC‑2026‑01).
  3. Leverage the Transparency Portal – use the dashboard to track fee allocation and request clarifications within the 15‑day response window.
  4. Engage in Consultation Sessions – submit cost‑reduction proposals (e.g., shared procurement of medical disposables) to qualify for the 10 % fee mitigation available to participating entities.

Case Study: Catalonia’s 2023 Health Concession Rebalancing

Catalonia introduced a similar fee‑adjustment model after a 2022 covid‑19 surge. The regional health fund received an extra €95 million in the first year, facilitating the launch of 10 new tele‑rehabilitation centers. Importantly, the initiative achieved a 3 % reduction in administrative overhead due to streamlined fee collection (Catalan Health Authority Report 2024 [3]).

Lesson for Valencia: Early stakeholder involvement and clear reporting are critical to avoid resistance and ensure swift adoption.


Frequently Asked Questions

Q1: Will the fee increase affect patient co‑payments?

No. the rebalancing targets concession fees paid by providers; patient co‑payment levels remain governed by the existing Ley de Cotizaciones Sanitarias.

Q2: how will small primary‑care centres cope with the increase?

A tiered relief fund of €4 million is earmarked for centres with annual revenues below €2 million, covering up to 50 % of the additional fee.

Q3: Are there penalties for late fee payment?

Yes. A 2 % monthly interest applies after a 30‑day grace period, in line with the Regional Fiscal Code.

Q4: Can providers appeal the new rates?

Providers may file an appeal within 45 days of notification to the Tribunal Administrativo de la Comunidad Valenciana, citing discrepancies in cost calculations.


Sources

  1. Informe de Salud Valenciana 2025, Generalitat Valenciana.
  2. OECD Health Policy Study 2025, “Financing Post‑pandemic Health Systems”.
  3. Catalan Health Authority Report 2024, “Impact of Concession Fee Rebalancing”.

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