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Healthcare Regulation

The approvals,in order.

Opening a private clinic or hospital in Romania means a dozen approvals from different institutions. Most delays come not from any single one of them, but from doing them in the wrong order.

A new private clinic in Romania can have the right doctors, the right equipment and a signed lease, and still not be allowed to open. The approvals come from different institutions, each with its own file, its own inspection and its own timeline, and several of them depend on each other.

The good news is that the sequence is predictable. Investors who understand it early can run most of the work in parallel and avoid the most expensive surprise of all: discovering, after the fit-out, that the building does not meet the requirements for the services they want to offer.

This guide sets out the approvals a private healthcare unit typically needs, who issues them and the order that saves the most time. It is written for founders, investors and managers, not lawyers, and it is based on how the process works in practice.

Start with what you are opening

The first question is not which form to fill in. It is what kind of unit you are opening, because that decides the route through almost every procedure that follows.

Exhibit 1The type of unit decides the route
01

Medical practice

One or more doctors, consultations and minor procedures.

02

Outpatient clinic

Several specialties, diagnostics, day procedures, no overnight stays.

03

Hospital with beds

Inpatient care, operating rooms, round-the-clock staffing.

Strictest route

Simplified. The services you declare, such as imaging, surgery or a laboratory, add their own requirements on top of the type of unit.

A medical practice is the lightest route and is registered through a simpler procedure. An outpatient clinic with several specialties, imaging or day procedures carries more requirements for space, equipment and staff. A hospital with beds follows the strictest route: under the national rules for sanitary authorisation, hospital care is one of the activities that needs an on-site evaluation before the operating authorisation is issued, rather than a self-declaration.

The services matter as much as the type. A clinic that adds X-ray, a laboratory or a sterilisation unit takes on extra rules for each of them. That is why the list of services should be fixed before anything else.

The order that saves months

Seen from a distance, the approvals fall into four stages. Inside each stage, most tracks can run at the same time. Between stages, the order matters, because each stage needs the results of the one before.

Exhibit 2Four stages, with parallel tracks inside each
  1. 01

    Decide

    • Type of unit and list of services
    • Capacity and staffing plan
    • Check the premises against the rules
  2. 02

    Build

    • Urban planning certificate
    • Approvals listed in the certificate
    • Building permit and works
  3. 03

    Prepare

    • Fire safety approval (ISU)
    • Radiation licence (CNCAN), if needed
    • Medical waste contract
    • Staff, professional insurance
  4. 04

    Open

    • Sanitary operating authorisation (DSP)
    • Registration and insurance contract (CAS)
    • Accreditation (ANMCS)

Simplified sequence for a new unit in a new or refurbished building. For an existing building already used for healthcare, stage two may be much shorter.

The pattern is simple. Decisions about services shape the building. The building shapes the safety approvals. And the operating authorisation, which comes near the end, checks that everything before it is in place. If one early decision changes late, the work after it has to be done again.

Step 1

The premises and the building

Most new clinics are built in an existing building that needs to be converted or refurbished. Under Romania's building law, works of this kind start with an urban planning certificate from the local council, which lists the approvals the project needs, followed by the building permit. The approvals listed can include utilities, fire safety, environment and public health, depending on the project.

The critical point is what happens before the architect starts drawing. Healthcare buildings have specific rules for room sizes, circulation, separation of clean and dirty flows, ventilation and sterilisation. A layout that works for an office or a shop rarely works for a clinic without changes.

The cheapest time to fix a healthcare building is before it is designed. The most expensive is after the inspection.

That is why the medical service plan, which defines what care the unit will provide and how much of it, should be the brief for the architect, not an afterthought. When the services change after the design is done, the corridors, rooms and installations often have to change with them.

Before signing a lease, it is worth checking the building against the basic requirements for the services you plan to offer: access, height, structure, the possibility to install ventilation and medical gases, and fire escape routes. A short check at this stage can save a building that will never pass.

Step 2

The people

A healthcare unit is authorised for the services it can actually deliver, and that depends on the team. Doctors must be members of the Romanian College of Physicians with the right to practise, and nurses and midwives must be registered with their own professional order. Each practising professional needs professional liability insurance.

The staffing plan has to match the services declared and the national staffing norms that apply to them. In practice, recruitment is often one of the longest tracks. Specialists are scarce in many regions, and doctors trained outside Romania need their qualifications recognised before they can practise here, which adds its own procedure and timeline.

Start this track early, alongside the building works. The operating authorisation and, later, the contract with the health insurance house will both look at who is actually on the team.

Step 3

Fire, radiation and waste

Three separate tracks belong to the preparation stage. They are handled by different institutions and can run at the same time.

Fire safety. The county emergency inspectorate (ISU) issues fire safety approvals for buildings that fall within the categories set by law, which depend on the size and use of the building. Healthcare units often fall within them. The file is based on the fire safety design of the building, and the approval involves an inspection, so it is worth scheduling early.

Radiation. Any unit that uses X-ray or other equipment with ionising radiation needs authorisation from the national nuclear activities control commission (CNCAN), together with trained staff responsible for radiation protection. Imaging rooms also have shielding requirements that must be built in from the start.

Medical waste. Hazardous medical waste, from needles to contaminated materials, must be collected and disposed of by an authorised operator. A contract with such an operator, and an internal plan for how waste is collected and stored, are part of the operating authorisation file.

Step 4

The sanitary operating authorisation

The sanitary operating authorisation, issued by the county public health directorate (DSP), is the approval that allows the unit to open its doors. The procedure is set by a Ministry of Health order on sanitary regulation, which has been amended several times since it was first issued.

The order provides two routes. For many activities, the authorisation is issued based on a self-declaration by the operator that the unit meets the legal requirements. For others, including hospital care, it is issued only after an evaluation by the DSP, documented in an evaluation report. Which route applies depends on the activity, so this is one more reason to fix the type of unit and the services early.

2routes to the operating authorisation: self-declaration or on-site evaluation
1authorisation that depends on almost every approval before it
5years: how long an ANMCS accreditation certificate is valid

The file usually includes the company's registration documents, proof of the right to use the premises, a description of the activity with plans of the spaces, the medical waste contract and the fee. Each DSP publishes its own checklist, and the details can differ between counties, so the local list is the one to follow.

Where a unit meets most requirements but not all, the authority can issue a temporary authorisation together with a conformity programme: a plan, with deadlines, for closing the remaining gaps. It is a useful safety net, but not a plan. A conformity programme that depends on rebuilding rooms is expensive to deliver after opening.

Step 5

Insurance and registration

Under Romania's health law, both the healthcare unit and each professional working in it need malpractice insurance. The cover, limits and premiums vary by specialty and insurer, so it is worth getting offers early and building the cost into the financial model.

Once authorised, the unit is registered in the relevant records. If it wants to provide services paid by the national health insurance system, it then applies for a contract with the county health insurance house (CAS). That contract has its own conditions and calendar, and for hospitals one of those conditions is accreditation.

Step 6

Accreditation: the approval that continues

Accreditation is different from the approvals before it. It does not ask whether the unit may open. It asks whether it works to the national quality standards, and it keeps asking.

The National Authority for Quality Management in Health (ANMCS) evaluates and accredits healthcare units under the law on quality in health. An accreditation certificate is valid for five years, and accredited units are monitored in between. For hospitals, accreditation is the condition for a contract with the national health insurance system: a hospital that is not accredited cannot hold that contract.

The process runs in stages: the unit prepares and assesses itself against the standards, independent evaluators visit and check the evidence, and the authority issues its decision based on their report. For outpatient units, the accreditation requirements and deadlines have changed more than once in recent years, so the current rules should be checked directly with ANMCS before planning around them.

The practical lesson is that accreditation is easiest when it is designed in from the start. The procedures, records and responsibilities that the standards ask for are much easier to build into a new unit than to add to one that is already running.

Exhibit 3Who issues what

Simplified. Depending on the project and the services, other approvals may apply, for example for the environment, utilities or specific medical activities.

Four mistakes that cost the most

In our experience, the delays that hurt most are rarely caused by an institution. They come from decisions taken too late, or in the wrong order.

  1. 01

    Designing the building before the services

    When the list of services changes after the design is done, rooms, flows and installations change with it. Define the services, capacity and staffing first, and give that plan to the architect as the brief.

  2. 02

    Running the tracks one after another

    Fire safety, radiation, waste and recruitment do not depend on each other. Waiting for one to finish before starting the next adds months for no reason.

  3. 03

    Treating accreditation as a later problem

    For a hospital that wants to work with the national insurance system, accreditation decides the business model. Build the procedures and records it requires into the unit from day one.

  4. 04

    Leaving open questions unasked

    International projects often meet situations the procedures were not written for. A question framed clearly, and sent early to the right institution or adviser, can save months of going back and forth.

A closing thought

None of the approvals is unusually hard on its own. What makes opening a healthcare unit slow is the number of them, the institutions involved and the way they depend on each other. The investors who open on time are rarely the ones who found a shortcut. They are the ones who knew the sequence before they started, and who kept every track moving at once.