ELGA refusers do not get free tests in the pharmacy: The consumer protection association is now taking action against this.
As of this week, insured persons born before January 1, 2006 in Austria have five Covid-19 antigen tests to take away in pharmacies. But that does not apply to around 298,000 people who have unsubscribed from the electronic health record (ELGA) and thus also from e-medication. These people do not get free tests, they only have the option to get tested in the pharmacy or to buy the home tests themselves. According to the Ministry of Health, because it was “technically not feasible otherwise” in the short time. There was massive criticism of this.
Sample lawsuit in planning
The consumer protection association (VSV) does not want to accept this and started a collection campaign on Wednesday for those people who have unsubscribed from ELGA and who still want to have a self-test. A model lawsuit is planned, says Peter Kolba, former List Pilz member and founder of the VSV, in an interview with futurezone.
To do this, it is first necessary for a person to try to get the free tests in the pharmacy despite having logged out from ELGA, explains Kolba. If she does not receive this, she should purchase it. “The costs for this amount to around 58 euros,” says Kolba. The Austrian Health Insurance Fund (ÖGK) then uses the form to reclaim the costs for the five self-tests. If the ÖAK does not pay and the person subsequently receives a rejection notice, the next step can be taken to the social court.
Those who register for e-medication receive the free self-test in the pharmacy.
Discrimination and the Law
Until recently, the fact that the self-tests are not available for ELGA unsubscribers was a violation of the law. According to the law, there should be no disadvantages for people who have unsubscribed from ELGA, so they should not be discriminated against. But the government changed the Health Telematics Act by means of an initiative application and added new paragraphs that lift this ban on discrimination by the end of the year.
Administrative penalties would actually have been possible, but the paragraphs that provide for them have been repealed. Kolba considers the change in the law to be unlawful and unconstitutional. “We will check this in the course of the legal proceedings,” said Kolba. “And we will also apply to have this matter resolved by the Constitutional Court.”
Peter Kolba founded the VSV and thought about the collection campaign
Way to the social court
The SAAM also plans to make the form necessary for its members to reclaim the cost of the self-tests from the ÖGK available to all members. Those affected would then have to go to the social court themselves, because class action in this area is not possible. “But it is very easy to file a complaint with the social court. You don't have to be represented by a lawyer, you don't have to pay legal fees or court fees. Even if you lose the process, you don't have to pay anything, ”Kolba explains to futurezone.
In addition to the legal approach, the consumer advocate also considers the procedure for free antigen self-tests to be practically “crazy”. “It's crazy when all the experts say: test, test, test and then you want to save 300,000 people who have to buy it themselves.”
