Regionalismo differenziato e materia sanitaria

[Machine translation] The article discusses the implementation of art. 116, paragraph 3, Cost. with particular reference to health matters. Recalling the main unsuccessful attempts to activate the constitutional clause prior to the current procedures, the Authors retrace the steps of the negotiation that currently involves the Emilia-Romagna, Lombardy and Veneto Regions, briefly discussing the different conceptions of differentiated regionalism emerging from this negotiation and from the scientific debate that accompanies it. The focus is therefore on the contents of the pre-agreements and draft understandings concerning health protection. The analysis of the available texts shows that in this sector the greatest risk of differentiation pursuant to art. 116 consists in the possibility that generic and ambiguous forecasts of agreements (in particular concerning supplementary funds, the intra-wall exercise of the medical profession, the sharing of the cost of benefits and the rules on their remuneration) open up to prospects for the deconstruction of the National Health Service, exempted from the indefinite exemption ability on the part of the regions concerned of principles and limitations that guarantee the fundamental characteristics of a universal system, of public government, financed by general taxation.