It should also be noted that the most recent call for a diagnostic imaging service was in 2017. Therefore, it cannot be considered that a long time has passed since the last call for a diagnostic imaging service, if you consider that it is a service that requires extensive investment. It is also important to note in this context that Iceland Health has not rejected contracts with any party that has offered the comprehensive diagnostic imaging services that users need.

Preparations for the current tender offer have been ongoing for a considerable period of time and have included the development of a strategy for imaging services under the auspices of the Ministry of Health and the cost analysis of the service. The current tender offer is set to be completed in the coming weeks and new contracts will take effect on 1 January 2025.

The objective of new contracts is to ensure the competence of service providers and that they have the ability to provide the public with comprehensive and good quality imaging services. The objective has also been to ensure the efficiency of the service and counteract the high cost growth that has characterized imaging services.

The conclusion of the Board of Appeal does not relate to this new procedure, but only to the previous arrangement. The matter is basically whether or not certain healthcare services contracted by the Icelandic Health Insurance are subject to a procedure for tendering. The Iceland Health believes that a general procedure for tendering can be an effective method for contracting certain healthcare services. It is on the other hand extremely important that the Iceland Health has the choice of when this method is used and when other selection procedures are used in order to establish contracts for healthcare services.

The Act on Health Insurance provides a clear choice of procurement method, namely whether to tender services or to contract for them on another basis. The conclusion of the Board of Appeal contradicts these clear provisions of the Act on Health Insurance. If the conclusion of the Board of Appeal is legally correct and has comparable effects on other aspects of health care contracts, it is clear that it will have a large impact on contracts for health care and thus on the health system as a whole.

In the opinion of the Iceland Health, the reasons and arguments for overturning the legal basis on which the institution has operated in this way would need to be much clearer. It is therefore imperative to obtain a clear conclusion in this case and, no less, to obtain clearer evidence of its value to healthcare in general.

The Iceland Health considers the finding of the Board of Appeal that the institution should be fined to be irrational in light of the fact that the institution has already started the procedure for the award of the award of diagnostic imaging services. The purpose of administrative fines under the law on public procurement is to help parties to conduct their procurement properly as soon as possible. The Iceland Health has already started the procedure for the award of the award of diagnostic imaging services and therefore there is no need to determine a fine to help with that decision.

In light of the significance of the case, the Iceland Health thinks it is obvious that it will be necessary to obtain the opinion of the courts on the important issues that the ruling includes and will begin preparing it already.