The Legal History of Gratitude Payments to Physicians in Hungary
The Legal History of Gratitude Payments to Physicians in Hungary

Summary/Abstract: In Hungary, Act XIV of 1891 on Medical Care for Industrial and Factory Employees made it compulsory for most blue-collar workers to be members of welfare funds (betegsegélyező pénztár). In Hungary, Act I of 1936 on Medical Activity, Sec. 39(1), stipulated that physicians were entitled to a fee when practising medicine privately. In the 1970s and even for decades before and after, gratuities were paid in advance as an illegal but socially legitimate form of bribery. During the history of gratuities in Hungary, it has always been a crucial question whether to pay the gratuity to the physician in advance or only after treatment. The Code of Medical Ethics of the American Medical Association of 1847 was taken into consideration during the codification of the Hungarian Act on Health of 1972. This Code of Medical Ethics forbids physicians from accepting any payment from other physicians for medical services. However, in other cases, the Code permits the acceptance of payments for medical services as a remuneration for self-employed persons. According to the Corpus Hippocraticum, the physician is only allowed to accept money for medical services after treatment and the physician is not allowed to force the patient to pay. Gratuities for physicians in Hungary seem to be inherent to the low earnings among physicians, and the situation is similar for nurse practitioners.

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