Liabilities arising from the health service purchase agreement from private health service providers of the Social Security Institution

Health services assume both individual and social functions in terms of ensuring that healthy individuals can live their lives in a healthy way, while providing non-healthy people to regain their health. This service can be offered by the state as well as by private healthcare providers. By the end of 2018 about one-third of all hospitals are private hospitals in Turkey. Private healthcare providers sign a contract with the Social Security Institution in order to provide services to the insured people of the Social Security Institution upon their own wishes. In this way, the Social Security Institution has purchased health care from private healthcare providers. In this study, it is aimed to examine the liabilities arising from the Health Service Purchase Agreement from the Private Health Service Providers of the Social Security Institution signed between the Social Security Institution and private health service providers. As a result of the study, although the Contract has articles that will give the impression that it is an administrative contract, it is evaluated that the contract is a private law contract in the light of judicial decisions.