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Hospitals and Health Maintenance Organisations Accounting Law (Mental Health), 5785-2025

חוק התחשבנות בין בתי חולים לקופות חולים (בריאות הנפש), תשפ"ה-2025

Published: 2025-03-24Consolidated Hebrew text as of 2026-04-05 · Last amended 2026-03-31✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Definitions§

1.

In this Law –

"general hospital with a psychiatric inpatient service" – a general public hospital in which psychiatric inpatient services are provided, whether within the framework of a psychiatric ward or otherwise;

"unified hospital" – a general public hospital and a psychiatric hospital that the Ministers have declared to be a unified hospital under section 6;

"psychiatric hospital" – a hospital, other than a general public hospital, whose registration certificate includes beds for psychiatric inpatient care and which is one of the following:

(1)a government hospital, including a health corporation operating within its framework;
(2)a hospital owned by a health maintenance organisation;
(3)a hospital owned by a local authority, including a health corporation operating within its framework;
(4)a hospital that is a corporation that is a public institution as defined in section 9 of the Income Tax Ordinance [New Version];

"general public hospital" – as defined in the Hospitals and Health Maintenance Organisations Accounting Law for the Years 2026 to 2030 (Accounting for Health Services in General Public Hospitals), 5786-2026;

"individual accounting basis of a health maintenance organisation and a psychiatric institution" – the amount obtained by multiplying the accounting basis of a psychiatric institution by the annual proportionate share of the health maintenance organisation in the occupancy of psychiatric institutions;

"accounting basis of a general hospital with a psychiatric inpatient service" – an amount as set out in paragraph (1) or (2), as the case may be, and in respect of a psychiatric institution of a health maintenance organisation – an amount as set out when calculated in accordance with paragraph (3):

(1)the total of the following two amounts:
(a)the amount obtained by adding together the products of each of the tariffs for psychiatric inpatient services in the hospital, other than the tariff for psychiatric day-hospitalisation service, multiplied by each of the following:
(1)the number of beds in the hospital designated for the psychiatric inpatient service to which the tariff relates, other than psychiatric day-hospitalisation service;
(2)the accounting coefficient for general hospitals with a psychiatric inpatient service;
(3)365 days;
(b)the amount obtained by adding together the products of each of the tariffs for psychiatric day-hospitalisation services in the hospital, multiplied by each of the following:
(1)the number of beds in the hospital designated for the psychiatric inpatient service that is the psychiatric day-hospitalisation service, to which the tariff relates;
(2)the accounting coefficient for general hospitals with a psychiatric inpatient service;
(3)252 days;
(2)in respect of a general hospital with a psychiatric inpatient service whose accounting basis for the year 2025, as calculated in respect of it under paragraph (1) in relation to beds designated for psychiatric inpatient care that existed in the year 2023, is higher by a rate exceeding 8% of the accounting settlement amount for the year 2023 of the hospital – the amount obtained by adding together the following two amounts:
(a)the accounting basis of the hospital under paragraph (1), as calculated only in relation to the number of beds designated for psychiatric inpatient service that were added to its registration certificate in the year 2024 or thereafter, and also in relation to the number of beds designated for psychiatric inpatient service that were added during the year 2023, multiplied by the number of days that elapsed from the beginning of the year 2023 until the date of opening of the bed, divided by 365;
(b)the accounting settlement amount for the year 2023 of the hospital;
(3)in respect of a psychiatric institution of a health maintenance organisation – the total amount as set out in paragraph (1) or (2), as the case may be, multiplied by the ratio of inpatient days in a psychiatric institution of a health maintenance organisation in the year 2023;

"accounting basis of a unified hospital" – the total of all of the following:

(1)the amount obtained by adding the accounting basis of the general hospital with a psychiatric inpatient service to the accounting basis of the psychiatric hospital, as if they had not been unified in the year preceding the date of unification, plus the accounting bases as aforesaid as calculated only in relation to the number of beds designated for psychiatric inpatient service that were added to their registration certificates in the year preceding the date of unification;
(2)the amount obtained by adding together the products of each of the tariffs for psychiatric inpatient services in the unified hospital, other than the tariff for psychiatric day-hospitalisation service, multiplied by each of the following:
(a)the number of beds in the unified hospital designated for the psychiatric inpatient service to which the tariff relates, other than psychiatric day-hospitalisation service, that were added from the date of unification;
(b)the accounting coefficient for unified hospitals;
(c)365 days;
(3)the amount obtained from the product of the tariffs for psychiatric day-hospitalisation services in a unified hospital, multiplied by each of the following:
(a)the number of beds in the unified hospital designated for the psychiatric inpatient service that is the psychiatric day-hospitalisation service to which the tariff relates, that were added from the date of unification;
(b)the accounting coefficient for unified hospitals;
(c)252 days;

"accounting basis of a psychiatric hospital" – an amount as set out in paragraph (1) or (2), as the case may be, and in respect of a psychiatric institution of a health maintenance organisation – an amount as set out when calculated in accordance with paragraph (3):

(1)the total of the following two amounts:
(a)the amount obtained by adding together the products of each of the tariffs for psychiatric inpatient services in a psychiatric hospital, other than the tariff for psychiatric day-hospitalisation service, multiplied by each of the following:
(1)the number of beds in the hospital designated for the psychiatric inpatient service to which the tariff relates, other than psychiatric day-hospitalisation service;
(2)the accounting coefficient for psychiatric hospitals;
(3)365 days;
(b)the amount obtained by adding together the products of each of the tariffs for psychiatric day-hospitalisation services in a psychiatric hospital, multiplied by each of the following:
(1)the number of beds in the hospital designated for the psychiatric inpatient service that is the psychiatric day-hospitalisation service, to which the tariff relates;
(2)the accounting coefficient for psychiatric hospitals;
(3)252 days;
(2)in respect of a psychiatric hospital whose accounting basis for the year 2025, as calculated in respect of it under paragraph (1), in relation to beds designated for psychiatric inpatient care that existed in the year 2023, is higher by a rate exceeding 8% of the accounting settlement amount for the year 2023 of the hospital – the amount obtained by adding together the following two amounts:
(a)the accounting basis of the hospital under paragraph (1), as calculated only in relation to the number of beds designated for psychiatric inpatient service that were added to its registration certificate in the year 2024 or thereafter, and also in relation to the number of beds designated for psychiatric inpatient service that were added during the year 2023, multiplied by the number of days that elapsed from the beginning of the year 2023 until the date of opening of the bed, divided by 365;
(b)the accounting settlement amount for the year 2023 of the hospital;
(3)in respect of a psychiatric institution of a health maintenance organisation – the total amount as set out in paragraph (1) or (2), as the case may be, multiplied by the ratio of inpatient days in a psychiatric institution of a health maintenance organisation in the year 2023;

"accounting basis of a psychiatric institution" – the accounting basis of a psychiatric hospital, the accounting basis of a general hospital with a psychiatric inpatient service, or the accounting basis of a unified hospital, as the case may be;

"National Health Insurance Law" – the National Health Insurance Law, 5754-1994;

"Budget Foundations Law" – the Budget Foundations Law, 5745-1985;

"Price Supervision Law" – the Commodities and Services Price Supervision Law, 5756-1996;

"annual proportionate share of a health maintenance organisation in the occupancy of psychiatric institutions" – the ratio between the following two:

(1)all psychiatric inpatient days of all types of the insured members of the health maintenance organisation in all psychiatric institutions, in a period of 12 months that ended on 30 June in the year preceding the accounting year, multiplied by the tariffs for each type of inpatient care as aforesaid;
(2)all psychiatric inpatient days of all types of the insured members of all health maintenance organisations in all psychiatric institutions in the said period, multiplied by the tariffs for each type of inpatient care as aforesaid;

for the purposes of this definition, the psychiatric inpatient days in psychiatric institutions of patients entitled to a rehabilitation programme and the psychiatric inpatient days of insured members of a health maintenance organisation in the psychiatric institutions of the health maintenance organisation shall not be counted among all inpatient days;

"ratio of inpatient days in a psychiatric institution of a health maintenance organisation in the year 2023" – the ratio between the following two:

(1)the psychiatric inpatient days of all types in the year 2023 in the psychiatric institutions of a health maintenance organisation, of insured members of health maintenance organisations other than the health maintenance organisation to which the institutions belong, multiplied by the tariffs for each type of inpatient care as aforesaid;
(2)the psychiatric inpatient days of all types in the year 2023 in the psychiatric institutions of a health maintenance organisation, of insured members of all health maintenance organisations, multiplied by the tariffs for each type of inpatient care as aforesaid;

"psychiatric institution" – a psychiatric hospital, a general hospital with a psychiatric inpatient service, or a unified hospital;

"psychiatric institution of a health maintenance organisation" – including a psychiatric institution in respect of which the health maintenance organisation has received a holding permit under section 29 of the National Health Insurance Law;

"date of unification" – the date specified in the Ministers' declaration under section 6 in respect of a unified hospital;

"patient entitled to a rehabilitation programme" – an insured member of a health maintenance organisation who is entitled to a rehabilitation programme under section 3 of the Community Mental Health Rehabilitation Law, 5760-2000, that includes a housing service as set out in the Schedule to that Law, after the lapse of ten inpatient days from the date of the decision of a rehabilitation committee under that Law on entitlement to the rehabilitation programme;

"the Director" – the Director General of the Ministry of Health;

"number of beds designated for psychiatric inpatient service" – the number of inpatient beds in a psychiatric institution designated for psychiatric inpatient service in accordance with the registration certificate of that institution, and in respect of beds added to the said registration certificate in the year 2025 or thereafter – only if they were added in accordance with the multi-year bed plan;

"accounting coefficient for general hospitals with a psychiatric inpatient service" – 95%, or a rate set by the Ministers as set out in section 4(b) or (c);

"accounting coefficient for unified hospitals" – 95%, or a rate set by the Ministers as set out in section 4(b) or (c);

"accounting coefficient for psychiatric hospitals" – 95%, or a rate set by the Ministers as set out in section 4(b) or (c);

"accounting settlement amount for the year 2023", in respect of a psychiatric institution – the total psychiatric inpatient days of all types of the insured members of all health maintenance organisations in the year 2023 in the psychiatric institution, multiplied by the tariffs for psychiatric inpatient service for each type of inpatient care as aforesaid, excluding the inpatient days of patients entitled to a rehabilitation programme;

"hospital network" – several hospitals that are owned, directly or indirectly, by a single entity, including psychiatric institutions of a health maintenance organisation and government hospitals;

"capitation rate", of a health maintenance organisation – the rate of the share of a health maintenance organisation out of the amount for distribution determined by the National Insurance Institute under the provisions of sections 17 and 18 of the National Health Insurance Law, including its share as aforesaid in the field of psychiatric inpatient services;

"psychiatric inpatient service" – in accordance with the type of service, the type of ward and the type of psychiatric institution, and including a psychiatric home-hospitalisation service;

"psychiatric home-hospitalisation service" – intensive psychiatric treatment provided as an alternative to hospitalisation in the patient's home, in accordance with instructions and rules set by the Director and published on the website of the Ministry of Health;

"health corporation" – as defined in section 21 of the Budget Foundations Law, even if it operates within the framework of a hospital owned by a local authority;

"multi-year bed plan" – the plan for the addition of psychiatric inpatient beds for the years 2023 to 2028, published on the website of the Ministry of Health, and any future plan for the allocation of beds as aforesaid that shall be agreed upon by the Ministers and published on the website of the Ministry of Health;

"registration certificate" – the registration certificate of a hospital under the Public Health Ordinance, 1940;

"Ministry of Health fee schedule" – the list of tariffs for inpatient care and ambulatory and differential services published by the Ministry of Health on its website, reflecting the tariffs as updated from time to time pursuant to Orders made under section 12 of the Price Supervision Law;

"tariffs for psychiatric inpatient services" – the tariffs for psychiatric inpatient services updated in the Ministry of Health fee schedule;

"monthly payment" – the payment that each health maintenance organisation must pay monthly to each psychiatric institution in accordance with the provisions of section 2(a);

"the Ministers" – the Minister of Finance and the Minister of Health.

Calculation of the Monthly Payment of a Health Maintenance Organisation to a Psychiatric Institution for Psychiatric Inpatient Services§

2.
(a)A health maintenance organisation shall pay to each psychiatric institution for psychiatric inpatient services, on a monthly basis, one-twelfth of the individual accounting basis of the health maintenance organisation and the psychiatric institution.
(b)Notwithstanding the provisions of subsection (a) and section 3, in respect of a psychiatric institution that forms part of a hospital network, the following provisions shall apply:
(1)the Director General of the hospital network (hereinafter – the network director) may submit to the Ministers, by 15 January of each year, and in the year 2025 – by the end of two weeks from the day of commencement of this Law, a request to instruct the health maintenance organisations to pay the total of all monthly payments that they are required to pay in that year to the psychiatric institutions in the network under subsection (a), in a different distribution among those institutions as shall be detailed in the request, for reasons to be set out therein; the Ministers may grant the request, in whole or in part, and update the payments accordingly, if they find that the different distribution will not adversely affect the provision of psychiatric inpatient services by the psychiatric institutions in the network;
(2)in addition to the provisions of paragraph (1), the network director may decide, in respect of a particular year, that a part of the total of all monthly payments that each health maintenance organisation is required to pay for that year under subsection (a), at a rate not exceeding 1.9%, shall not be allocated directly to the psychiatric institutions of the network but shall be transferred as a lump sum to the network;
(3)where the network director has so decided as set out in paragraph (2), all of the following shall apply:
(a)the network director shall notify the Ministers or the person they have authorised under section 5 thereof, by 15 January of each year, and in the year 2025 – by the end of two weeks from the day of commencement of this Law;
(b)each health maintenance organisation shall deduct from each monthly payment it transfers to each psychiatric institution in the network for that year the rate decided upon by the network director as aforesaid, and shall transfer monthly the deducted amount to the network;
(c)the network director shall distribute the amounts transferred as set out in sub-paragraph (b) to the psychiatric institutions in the network by the end of that year.

Dates of Transfer of the Monthly Payment from a Health Maintenance Organisation to a Psychiatric Institution§

3.
(a)A health maintenance organisation shall transfer to a psychiatric institution the monthly payment in accordance with the provisions of section 2 and in accordance with the particulars notified by the Ministers as set out in section 5, no later than 60 days from the first day of each month in which it received from the psychiatric institution a billing notice as well as a report that shall include information on all of the following: the number of the health maintenance organisation's insured members who were hospitalised, the number of inpatient days and the types of inpatient care, in the month for which the payment is being made.
(b)Where the Ministers have not notified the required particulars as set out in section 5, the health maintenance organisation shall pay to the psychiatric institution a monthly payment in accordance with the individual accounting basis of the health maintenance organisation and the psychiatric institution in the previous year, and after the Ministers have notified the required particulars, the differences shall be added to or set off against the monthly payment of the health maintenance organisation to the psychiatric institution in the following month, as the case may be.
(c)Where a health maintenance organisation has not transferred the monthly payment as set out in subsection (a) or (b), the following provisions shall apply:
(1)interest at the Accountant General rate shall be added to an amount not transferred on time as aforesaid until the date of its actual transfer to the psychiatric institution, and in the circumstances set out in section 2(b)(3)(b) – until the date of the transfer of the rate as set out in that section to the network, provided that the network has notified the health maintenance organisations of the manner of transferring the payments to it;
(2)the Ministers, after having given the health maintenance organisation and the psychiatric institution an opportunity to state their arguments, may direct that the amount not transferred as aforesaid be set off against the health care funding sources as defined in section 13(a) of the National Health Insurance Law and against the support funds transferred to the health maintenance organisation under section 3a of the Budget Foundations Law, and be transferred to the psychiatric institution.
(d)In this section, "Accountant General rate" – as its meaning in the notice concerning the Accountant General interest rates as published from time to time in Reshumot (Official Gazette).

Amendment of Accounting Coefficients and Accounting Bases§

4.
(a)In this section –

"accounting basis" – any one of the following, as the case may be: the accounting basis of psychiatric hospitals, the accounting basis of general hospitals with a psychiatric inpatient service, or the accounting basis of unified hospitals;

"accounting coefficient" – any one of the following, as the case may be: the accounting coefficient for psychiatric hospitals, the accounting coefficient for general hospitals with a psychiatric inpatient service, or the accounting coefficient for unified hospitals;

"cost of the health services basket" – as defined in section 9 of the National Health Insurance Law.

(b)Where the Government has decided to increase the cost of the health services basket for the purpose of services in psychiatric institutions, the Ministers may increase, and where the increase in the cost of the basket was for the purpose of psychiatric inpatient services – the Ministers shall increase, by Order, the accounting coefficients or the accounting bases, all or some of them, provided that the total additional expenditure for health maintenance organisations by reason of such an increase shall be equal to the amount added to the cost of the health services basket for that purpose, and that the proportionate share of the accounting basis of each psychiatric institution out of the total accounting bases of psychiatric institutions of its type shall be preserved.
(c)The Ministers may amend, by Order, the accounting coefficients or the accounting bases, all or some of them, if they find that a change has occurred in the scope of psychiatric hospitalisations in one or more types of psychiatric institutions, provided that the total accounting bases of all psychiatric institutions shall not change by reason of such amendment, and that the proportionate share of the accounting basis of each psychiatric institution out of all psychiatric institutions of its type shall be preserved.
(d)The Ministers may, by Order, reduce the accounting basis of a psychiatric institution with effect from the year following the year in which the Order is issued, or, if the Order is issued by 15 January, with effect from that same year, at a rate and for a number of years as they shall determine, if they find that one of the following circumstances has occurred and are satisfied that as a result thereof harm is being caused to the quality of medical service at the psychiatric institution or to the overall medical response, for all or some of the patients:
(1)in the year preceding the issue of the Order, as compared with the year preceding it, a reduction or contraction occurred in the financial scope, availability or mix of psychiatric inpatient services provided by the psychiatric institution;
(2)in the year preceding the issue of the Order, the availability of emergency services at the psychiatric institution was not adequate;
(3)in the year preceding the issue of the Order, psychiatric services were not provided in a unified hospital to an adequate extent compared with their scope prior to the date of unification.
(e)The Ministers shall not issue an Order as referred to in subsection (d) unless they have given the psychiatric institution an opportunity to present its arguments.
(f)An amount equal to the rate reduced from the accounting basis of a psychiatric institution under subsection (d) shall be paid in that same year by each health maintenance organisation to psychiatric institutions proportionately in accordance with the score they received, if any, in the service improvement index under section 7(d).

Notices by the Ministers§

5.

The Ministers, or persons authorised by them for that purpose from among the employees of their ministries, shall give notice by 31 January of each year, and in the year 2025 – by the end of 45 days from the date of commencement of this Law, as follows:

(1)to each psychiatric institution – the accounting basis of the psychiatric institution, with details of its components, as at the date of the notice;
(2)to each health maintenance organisation and to each psychiatric institution – the individual accounting basis of the health maintenance organisation and the psychiatric institution;
(3)to each health maintenance organisation, to the manager of a hospital network in respect of which a decision has been made for a different distribution of the monthly payment under section 2(b)(1), and to each psychiatric institution included in that network – the updated monthly payment amount that the health maintenance organisation is to pay to each institution in the network, and if the network manager has so decided as referred to in section 2(b)(2) and has notified the Ministers accordingly – the rate of the monthly payments that the health maintenance organisation is to pay to the network;
(4)to each health maintenance organisation, to the psychiatric institution whose accounting basis has been reduced under section 4(d), and to the psychiatric institutions entitled to payment under the service improvement index under section 7(d) – the value of the amount reduced under section 4(d), and the portion thereof that each health maintenance organisation is to pay to the psychiatric institutions in accordance with their scores in the service improvement index.

Declaration of a Unified Hospital§

6.

The Ministers may declare, by Order, a general public hospital and a psychiatric hospital together to be a unified hospital for the purposes of this Law, from the date specified in the declaration.

Additional Payment for Quality – Service Improvement Index§

7.
(a)The Director shall establish a service improvement and development index for psychiatric institutions according to which a score shall be given in respect of the service provided at each psychiatric institution (hereinafter – service improvement index), and shall publish the index on the website of the Ministry of Health.
(b)
(1)The service improvement index shall include various criteria by which psychiatric institutions shall be measured, including the quality of psychiatric inpatient service, strengthening the treatment continuum and developing innovation in psychiatric services, as well as threshold conditions for receipt of the additional payment under subsection (c);
(2)The Director shall instruct as to the reports and data that each institution is to submit for the purpose of its examination under the service improvement index and the dates for their submission, provided that individual information about a patient shall not include a name, identity number or other identification number, address or telephone number, and shall be provided only to the minimum extent required;
(3)Individual information about a patient shall be transferred in accordance with the coding and encryption method to be instructed by the Director and with the implementation of technological measures whose purpose is to minimise the concern of misuse or harm to the information.
(c)
(1)The Minister of Finance shall determine, by Order, an amount to serve as an additional payment to be distributed in accordance with the scores in the service improvement index (hereinafter – additional payment), and may amend it provided that the additional payment is sufficient to encourage psychiatric institutions to improve and develop the service at psychiatric institutions; the amount of the additional payment to be determined as aforesaid for the year 2025 shall not be less than NIS 60 million;
(2)If no Order amending the amount has been determined by 30 March of a particular year, the additional payment in that year shall not be less than the additional payment in the preceding year;
(3)The first Order under this subsection shall be published within 14 days of the date of publication of this Law.
(d)The Ministry of Health shall distribute the additional payment each year among the psychiatric institutions within 30 days of the date of publication of the scores in the service improvement index, in accordance with the scores in the service improvement index received by the psychiatric institutions.

Publication§

8.
(a)The Director shall publish on the website of the Ministry of Health, by 30 April of each year, and in the year 2025 – by the 7th day of Elul 5785 (31 August 2025), a notice containing the following particulars:
(1)the scores of psychiatric institutions in the service improvement index;
(2)the amount of the additional payment that each institution is entitled to receive by reason of that score, if it is entitled.
(b)The Director shall publish on the website of the Ministry of Health, within three months of the end of each quarter, the ratio between the total inpatient days of the insured persons of each health maintenance organisation in all psychiatric institutions from the beginning of that year until the end of that quarter, and the total inpatient days as aforesaid of the insured persons of all health maintenance organisations in that period, all as compared with the capitation rate of each health maintenance organisation.
(c)The Minister of Health shall publish on the website of the Ministry of Health the decision of the Ministers on the establishment of a consumption ceiling for payment for emergency services in a psychiatric hospital under section 9(a), if such a decision has been given.

Consumption Ceiling for Payment for Emergency Services in a Psychiatric Hospital§

9.
(a)The Ministers may decide on consumption ceilings for emergency services that shall apply in respect of each health maintenance organisation and each psychiatric hospital, beyond which the provisions of subsection (c) shall apply (in this section – consumption ceiling), if they find that the following two conditions are met, provided that any particular consumption ceiling in respect of a health maintenance organisation in a psychiatric hospital shall not be less than the total consumption of the health maintenance organisation in the psychiatric hospital in the year preceding the year for which the ceiling is set:
(1)the average scope of consumption of emergency services by health maintenance organisations in psychiatric hospitals over a period of at least nine consecutive months during the 24 months preceding their decision exceeded by more than 6% the average scope of their consumption in those same months in the preceding year;
(2)the circumstances justify the establishment of a consumption ceiling.
(b)The Ministers shall notify each health maintenance organisation and each psychiatric hospital of their consumption ceiling.
(c)Where the Ministers have established a consumption ceiling, a health maintenance organisation shall pay for emergency services in a psychiatric hospital in the years thereafter, as the Ministers shall decide, and if the Ministers gave notice of their decision by 15 January of a particular year – from that year, amounts as set out below:
(1)for emergency services up to the consumption ceiling – the full price;
(2)for emergency services above the consumption ceiling – 30% of the full price.

Accounting Agreement between a Health Maintenance Organisation and a Psychiatric Institution regarding Payment for Psychiatric Home-Hospitalisation Services§

10.
(a)Notwithstanding the provisions of section 2, a psychiatric institution and a health maintenance organisation may establish in a written contract between them an accounting arrangement for the purchase of psychiatric home-hospitalisation services, provided that all of the following conditions are met:
(1)the contract shall provide that services at an adequate standard and with the quality and availability required under the provisions of the National Health Insurance Law shall be provided to the insured persons of the health maintenance organisation, and the terms of the contract shall enable the provision of services at an adequate standard and with such quality and availability;
(2)the contract shall not create discrimination by the psychiatric institution between different members of the health maintenance organisation with which the contract is concluded, or between them and members of another health maintenance organisation;
(3)the contract shall not restrict the right of the patient to choose the service provider beyond what is prescribed in section 23 of the National Health Insurance Law;
(4)the term of the contract shall not extend beyond the end of the period of validity referred to in section 18.
(b)A copy of a contract concluded as referred to in subsection (a) shall be transmitted to the Ministers or to persons authorised by them for that purpose from among the employees of their ministries, no later than the end of 14 days from the date on which the contract was concluded.
(c)Without derogating from the provisions of subsection (a), if the Ministers are of the opinion that the contract does not comply with the provisions of that subsection, they shall notify the health maintenance organisation and the psychiatric institution of this within 60 days of the date on which the contract was transmitted to them, and the Ministers may, after having given the parties to the contract an opportunity to present their arguments, cancel the contract in its entirety; if the Ministers have decided to cancel such a contract, they shall communicate their decision to the parties together with the reasons therefor.
(d)Where the conditions referred to in subsections (a) and (b) have been met and the period referred to in subsection (c) has elapsed without the contract having been cancelled, psychiatric home-hospitalisation service shall not be taken into account in the calculation of the annual proportionate share of the health maintenance organisation in the occupancy of psychiatric institutions for the purposes of the following year.

Accounting Agreement between a Health Maintenance Organisation and a Psychiatric Institution regarding Payment for Outpatient Psychiatric Services§

11.
(a)A health maintenance organisation and a psychiatric institution may establish in a written contract between them an accounting arrangement for outpatient psychiatric services, provided that all of the following conditions are met:
(1)the contract shall provide that services at an adequate standard and with the quality and availability required under the provisions of the National Health Insurance Law shall be provided to the insured persons of the health maintenance organisation at the psychiatric institution, and the terms of the contract shall enable the provision of services at an adequate standard and with such quality and availability;
(2)the contract shall not create discrimination by the psychiatric institution between different members of the health maintenance organisation with which the contract is concluded, or between them and members of another health maintenance organisation;
(3)the contract shall ensure payment to the psychiatric institution for every outpatient psychiatric service it provides to the insured persons of the health maintenance organisation;
(4)the contract shall not restrict the right of the patient to choose the outpatient service provider beyond what is prescribed in section 23 of the National Health Insurance Law, and shall not establish exclusivity in the provision of the service for the psychiatric institution;
(5)the term of the contract shall not extend beyond the end of the period of validity referred to in section 18.
(b)A copy of a contract concluded as referred to in subsection (a) shall be transmitted to the Ministers or to persons authorised by them for that purpose from among the employees of their ministries, no later than the end of 14 days from the date on which the contract was concluded.
(c)Without derogating from the provisions of subsection (a), if the Ministers are of the opinion that the contract does not comply with the provisions of that subsection, they shall notify the health maintenance organisation and the psychiatric institution of this within 60 days of the date on which the contract was transmitted to them, and the Ministers may, after having given the parties to the contract an opportunity to present their arguments, cancel the contract in its entirety; if the Ministers have decided to cancel such a contract, they shall communicate their decision to the parties together with the reasons therefor.

Non-Application to Certain Health Services§

12.

The provisions of this Law shall not apply to the following:

(1)a health service provided to a victim as defined in the Victims of Hostile Action (Pensions) Law, 5730-1970;
(2)a health service provided to a foreign worker as defined in the Foreign Workers Law, 5751-1991, included within the framework of the basket of services established by the Minister of Health under that Law, but excluding a service provided to a foreign worker residing in Israel under a visa and temporary residence permit of type A/1, as referred to in regulation 6(a) of the Entry into Israel Regulations, 5734-1974;
(3)a health service provided to a soldier under an agreement between a health maintenance organisation and the Israel Defence Forces; for this purpose, "soldier" – as defined in paragraph (1) of the definition of "soldier" in the Military Justice Law, 5715-1955, other than a soldier in compulsory service during a period of service without pay, as referred to in section 55 of the National Health Insurance Law;
(4)a health service provided to a patient under an agreement between a health maintenance organisation and another body responsible for providing the service to the patient, by virtue of a law, agreement or insurance contract.

Limitation on the Application of Section 9 of the Price Supervision Law§

13.

The provisions of this Law shall apply notwithstanding the provisions of section 9 of the Commodities and Services Price Supervision Law.

Extension of Application to Persons Present in Israel Who Are Not Insured§

14.

The provisions of this Law shall also apply in respect of psychiatric services provided to a person who has registered to receive health services from a health maintenance organisation under section 56(a)(1)(d) of the National Health Insurance Law, as if that person were an insured person.

Implementation and Regulations§

15.
(a)The Ministers are responsible for the implementation of this Law, and they may make Regulations on any matter relating to its implementation.
(b)The Ministers shall prescribe provisions concerning the reporting obligation of psychiatric institutions to the Ministry of Health and to the Ministry of Finance, on the following matters:
(1)the costs of providing health services, the budget of the institutions and its actual implementation, including their sources of income;
(2)the transfer of funds for psychiatric services in unified hospitals and in general hospitals with psychiatric inpatient services.

Report to the Knesset§

16.
(a)The Minister of Health shall report to the Health Committee of the Knesset, by 31 December of each year, in respect of the preceding year in which the provisions of this Law apply, on all of the following:
(1)the following data, broken down by morbidity characteristics and demographic characteristics, manner of admission to treatment broken down by order of a district psychiatrist, by court order or by consent, and broken down by health maintenance organisation and type of psychiatric institution:
(a)the number of hospitalised patients and the number of psychiatric inpatient days, by their types, and in respect of day hospitalisation – also the number of such hospitalisations preceded by a hospitalisation that is not such a hospitalisation;
(b)the number of readmitted hospitalised patients, broken down by the time periods until readmission;
(c)the number of hospitalised patients who are patients entitled to a rehabilitation programme and the number of their inpatient days in psychiatric institutions from the date of the decision on their entitlement to the rehabilitation programme;
(d)the number of patients in emergency services, and of those, the number of patients who were continuously hospitalised after the emergency treatment, and the number of patients receiving outpatient service at the psychiatric institution;
(e)the number of patients in outpatient services, broken down by type of psychiatric service, scope of services received by a patient, and previous psychiatric hospitalisations of the patient and their duration;
(f)the number of patients who were admitted to psychiatric inpatient care following outpatient service;
(2)a comparison of the data referred to in paragraph (1) against the data for the years 2023 and 2024 and the trend line of each item of data up to the year in which the report is submitted;
(3)a monthly and annual summary of occupancy data at each psychiatric institution, by wards;
(4)the scores in the service improvement index of each of the psychiatric institutions, the data on which they were based, and the additional payment paid to each psychiatric institution as a result;
(5)changes in the annual proportionate share of health maintenance organisations in the occupancy of psychiatric institutions over the years in which the provisions of this Law apply.
(b)Without derogating from any other power to obtain information and subject to the provisions of section 7(b)(2) and (3), the Director may require a psychiatric institution to provide data needed by him for the purpose of transmitting a report under this section.

Commencement§

17.

This Law shall commence on the date of entry into force of an Order for the determination of the amount of the additional payment for the year 2025, in accordance with the provisions of section 7(c).

Application§

18.
(a)Notwithstanding the provisions of section 17, the provisions of this Law shall apply in respect of psychiatric services purchased by a health maintenance organisation from a psychiatric institution from the 1st day of Tevet 5785 (1 January 2025) until the 13th day of Tevet 5789 (31 December 2028) (hereinafter – end of the period of validity).
(b)The Ministers, with the approval of the Health Committee of the Knesset, may extend, by Order, the end of the period of validity by one additional period of three years, provided that such an Order shall be brought for the approval of the Health Committee of the Knesset no later than the 7th day of Sivan 5788 (1 June 2028), together with data and information on the implementation of the accounting under this Law up to that date.

Transitional Provision§

19.

Provisions in an agreement concerning accounting for psychiatric inpatient services, psychiatric emergency services or outpatient psychiatric services provided by a psychiatric institution or a hospital network to a health maintenance organisation before the date of commencement of this Law – are void.

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LawHealth

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