Recourse in the event of inadequate payment of contributions
Enterprises that provide healthcare outside the public health service must register and pay contributions to NPE for the healthcare personnel that undertake work on behalf of the enterprise. If this is not done, the enterprise may risk having to pay any compensation paid as well as associated costs.
The duty to register and pay contributions is governed by Section 8 (1) of the act on compensation in the event of patient injuries (Patient Injury Act). Failure to register or pay contributions to NPE is punishable by fines or imprisonment for a term not exceeding three months, see third paragraph of the same provision. Such measures may also be employed if incorrect information is given in order to avoid paying contributions in full.
Pursuant to Section 4(3) of the Patient Injury Act, recourse may be taken against anyone who has failed to pay contributions. In the event that a patient injury claim is approved for an injury caused in an enterprise that has failed to pay contributions, NPE may claim back the costs associated with the administration of the claim for compensation. This means that both the compensation amount paid out and the costs for administration of the claim may be claimed as recourse from the person responsible for the enterprise, see Section 6(3) of the Regulations on the scope of and mandatory contributions for those providing healthcare outside of the public health and social care service under the Patient Injury Act.
If an enterprise pays contributions for previous years in arrears, they will be covered for any future claims for injuries relating to the years concerned. Nevertheless, if a claim has already been made, there may be grounds to claim recourse for the claim regardless of whether the outstanding contributions are paid in arrears.
NPE has claimed recourse in a number of cases. We will continually raise such claims in cases where we receive patient injury claims for which the injuring enterprise has failed to pay contributions for the year during which the injury took place. If the recourse claim is not settled, the claim will be sent to the Norwegian National Collection Agency for collection.