[Foundations of research and health care: some legal aspects]

IRCCS Foundations have been recently created by Legislative Decree number 288 (16th October 2003) as part of the reorganization of the Institutes of hospitalization and treatment of scientific value (IRCSS – Istituti di ricerca e cura a carattere scientifico). The decree allows the IRCCS to change into IRCCS Foundations with a national importance, open to the participation of public and private entities. IRCCS have been defined by the Ministry of Health as hospitals of excellence aimed at research in the biomedical field and in the organization and management of the health service. Due to the recognition of their “scientific value”, since they deal with particular pathologies of national importance, they have been qualified as IRCCS. Moreover, they can enjoy a public fund and a regional fund, which allow them to carry out their research in specific areas such as oncology, disabling chronic degenerative diseases, pediatric psychiatry, rehabilitation and organ transplants, etc. IRCCS are defined as public or private entities with “national relevance” provided with autonomy and juridical personality which aims at two main goals: a) biomedical research and clinical and translational; b) the organization and management of healthcare services. The creation of Foundations was the consequence of the economic crisis that hospitals were going through: the new legal entities have brought in fresh aids, both public and private, that Foundations can use with the obligation of non-profit and to invest in research all the incomes from other activities. The Foundations have been included into the National Health Service. With the Legislative Decree n. 288/2003, IRCCS-Foundations show a new model of administration. The aim of the Legislative Decree n. 288/2003 is also oriented to the reorganization of IRCCS, promoting a new but non conflicting relationship between public and private sectors working together to achieve the same goals.