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Dental clinics are suing the FSMС over payment for anaesthesia

Submitted by Вера Александрова on

Dental clinics in Kazakhstan and the Social Health Insurance Fund (SHIF) have entered into a legal dispute over the payment of anaesthesia services during dental treatment.

According to ORDA, in 2023 the Supreme Audit Chamber (SAC) conducted an audit of the SHIF and its branches, which revealed that dental clinics were receiving payment for anaesthesia as a separate service. The SAC then deemed that the costs of anaesthetics should be included in the cost of treatment.

Lawyer Danilkhan Shagatayev, representing the interests of dentists in court, stated that the SHIF is now demanding the return of overpaid funds for anaesthesia. According to him, funding for these services has been completely halted this year.

“Now everyone is awaiting the outcome of our case in Astana, because we are among the first to enter the legal battle. The court’s decision could directly affect the quality of dental care provided to ordinary citizens,” Shagatayev reported.

He noted that, according to the fund’s logic, dentists will no longer be able to claim payment for anaesthesia.

“The Fund throws up its hands and refers to the SAC, which points the finger at the Ministry of Health. In turn, during the court hearing, a representative of the Ministry of Health explained from his own experience that without anaesthesia, he could not endure dental treatment. If an adult cannot bear it, how can children endure the pain?” the lawyer questioned.

Danilkhan Shagatayev also emphasised that during the audit, the auditors did not involve dentists or experts, and the SHIF did not attempt to challenge the SAC’s findings in court. 

“Now the Fund and its branches are engaged in reclaiming previously paid funds for anaesthesia. The amounts demanded are simply astronomical,” the lawyer added.