Performing the economic activity by the medical subjects on the example of Polish law

First of all medical activity is based on health benefits which are guaranteed by the constitutional health care system. The above statement has legal consequences in the form of association with entity law and the obligations of the authorities. Healthcare Institutions Law implemented a solution, which assumes that a health benefit aims to preserve, save, restore or improve health. Furthermore the health benefits consist in any other activities related to the treatment or on the basis of a specific regulation.  The subjective activity is formalized and institutional. Healthcare Institutions Law designate entities which are authorized to perform medical activity: medical subjects and professional practices. It must be indicate that Healthcare Institutions Law implemented a solution which assumes that medical activity shall be considered as regulated economic activity. It means that this activity may be performed only on conditions regulated by law. Therefore in this case it may be taken as an example of restriction of liberty economic activity.  The Economic activity is based on production, services, building services, trade services, mining services and professional activity. The above must be gainful, organized and permanent. The foregoing mainly applies to economics science and must be interpret according to this field of science because law only has a secondary capacity towards economics events. Categorization of medical subject in the Healthcare Institutions Law is very problematic. Judical decisions of the Supreme Court emphasise that subject could be an entrepreneur if his activity is characterized as professional, profitable, rational and on his own account. In addition this activity must be continuous characterized by participation on the market. The last requirement relates to equivalent, mutual benefits which are chargeable and complied with multiple real and legal acts within the framework of economic relations. This matter is problematic in the case of basic medical subjects in Poland – „SPZOZ”. It has legal status, acting on his behalf and on his own account. Undoubtedly acting professional including the economically grounded matters. SPZOZ receive equivalent for services from payer or directly from patients. Despite of this facts legislator doesn’t decide to include this most important medical subjects to the category of entrepreneurs.