At the founding meeting held on March 22, 2023, in accordance with Law No. 06/L-043 on Freedom of Association in Non-Governmental Organizations in the Republic of Kosovo, the members of the Association of Private Hospitals of Kosovo (ASPKS) approved:

Statute of the Association of Private Hospitals of Kosovo (ASPKS)

Article 1
General provisions

1.1 This statute, which will be the main governing document of the organization, will regulate, among other things, the name, headquarters and territory of the association, including the mission, purpose and object, but also the rights of the members, and the roles and the responsibilities of the governing bodies of the Assembly, the board and the members of the Board, as well as the officials of the Organization.

Article 2
Name, headquarters, organization, scope, founders

2.1 The official name of the organization will be: Association of Private Hospitals of Kosovo –

2.2 The abbreviation of the organization will be (ASPKS) –

2.3 The headquarters of the organization will be in Prishtina –

2.4 The address of the organization will be at: Rrafshi i Kosoves no 150 – Prishtina

2.5 ASPK will exercise its scope in the territory of the Republic of Kosovo –

2.6 ASPK is a non-profit association, according to the definition given in Article 16 and 20 of Law No. 06/L043 on Freedom of Association in Non-Governmental Organizations in the Republic of Kosovo.

2.7 The logo of ASPKS presents three intersecting cross shapes, with different colors. These cross shapes are the stylized symbols of health institutions, while their unity represents the association. The logo contains three colors: Two shades of blue and one shade of transparent green. The acronym ASPKS is shown in letters near the logo in blue.

2.8 The founders of the organization are:
– Royal Medical Hospital LLC; Armend Agani; Address: Prishtina str. Qamil Bala no. 15/4, Mob phone number. 049 6900 000; e-mail [email protected]
– Special Hospital “American Clinic” Sh.P.K.; Vullnet Kusari – with no. License 02/2017/2/S; address Highway Prishtina – Ferizaj 3rd KM, Prishtina, Mob. no. 044 651 656; email: [email protected]
– Special Hospital for Ophthalmology – Eye laser center – QLS Kubati – Prishtina ; Arton Kubati; address Ali Pashë Gucia p/n, Kolovicë e re, Prishtina; mobile no. 044 512120; email: [email protected] ;

Article 3
Management of income and assets, transactions and economic activities

3.1 ASPKS will not make any distribution of any net income or profit as such to any person. The property, income and profits of the organization will be used to support the non-profit purposes of the organization and will not be used to create special individual benefits, either directly or indirectly for any of the founders, directors, employees, any member of association, any employee or donor of ASPKS. However, payment of reasonable compensation to these persons may be made for the work that these persons do for this organization.
3.2 Any transaction between ASPKS and another related organization, or between ASPKS and its members, officers, board members or employees, is prohibited, unless the governing body, after a careful analysis, decides that the transaction is in the interest of fair and reasonable to ASPKS, and that ASPKS could not have secured a more favorable agreement with reasonable efforts and within the existing circumstances.
3.3 ASPKS can engage in economic activities in order to support its non-profit activities, in accordance with paragraph 1.4 of this Statute and Article 35 of the Law on the Release of Association in NGOs No. 06/L-043, provided that the income of realized through economic activities to be used exclusively to achieve the goals highlighted in this statute.
3.4 ASPKS is the owner of the assets related to the exercise of its activity and is a party to the proceedings before the courts and before other state bodies.
3.5 The ASPKS financial means will be kept in the ASPKS ledger account, which will be opened according to the decision of the ASPKS Board.

Article 4
Representation

4.1 The organization is represented only by the authorized representative of the organization who is appointed and dismissed by the Assembly of Members.

Article 5
Purpose and activity

5.1 Purpose: ASPKS is an independent organization that protects and presents the professional interests of its members, ensures the high standards of the health and medical code, promotes and protects the activity of private hospitals and health professionals in private health institutions, provides education continuous professional and with the aim of providing the highest quality health services and other services related to private hospital health care.

5.2 Scope:
• Health
• Education/Training
• Advocacy and Lobbying

Article 6
Membership

6.1 Membership in ASPKS is open to all private hospitals that are registered and licensed by the Ministry of Health of Kosovo. To become a member of ASPKS, each interested party must accept the Statute and Mission of ASPK and commit to fulfilling the goals of the organization.
– To become a member, the following documents are needed:
– Membership fee
– Request for membership
– Hospital license
– Unique registration number of the hospital
– Authorization from the hospital for the representative of the hospital in ASPKS
– Copy of the letter from the representative authorized by the private hospital
– Declaration of confidentiality according to the form determined by ASPKS
6.2 The Assembly of ASPKS members will decide whether the membership fee will be required from the members. In case of deciding the payment of the membership, the Assembly will decide on the rules and procedures of the payment of the membership, including taking various measures, up to the expulsion of the member from the organization in case of non-payment of the membership. –
6.3 In carrying out the powers and duties of ASPKS, the members of ASPKS have the following rights: To exercise the activity for which they are licensed;
6.4 To elect and be elected to the ASPKS bodies;
6.5 To be informed about all work and business issues of the ASPKS through the ASPKS website or in other electronic forms
6.6 That, directly or through their representatives, they give proposals and express their opinion for the protection of personal and general interests and integrity in the exercise of medical activity;
6.7 To use the material assistance of the ASPKS from the special solidarity fund, under the conditions and procedures provided by the ASPKS regulation for solidarity.
6.8 To use other rights provided by special acts of ASPKS
6.9 ASPKS members have the following obligations and responsibilities:
– To respect the statute of ASPKS and the code of professional ethics;
– To regularly pay the ASPKS membership;
– To participate regularly and fulfill their obligations in the ASPKS bodies in which they are elected.
– To respect the professional standards and norms of the health service to be permanently included in the continuing professional education;
– To fulfill the obligations and other responsibilities foreseen by the normative acts of ASPKS

6.10 ASPK members have their membership in ASPKS terminated in the following cases:
– With the permanent revocation of the license;
– Based on the request of the ASPKS member from the day of the decision by the ASPKS competent body for deregistration from the register of ASPKS members;
– In cases of loss of the ability to act based on a final judicial decision;
– In case of serious violations of the Professional Code
– In cases of non-payment of membership for six consecutive months;
– Termination or suspension of membership by the Assembly of Members will be decided by a majority of the members present.

Article 7
Assembly of Members

7.1 The highest decision-making body of ASPKS will be the Assembly, which will consist of all members with full rights and who have no obligations towards the organization, while its duties and responsibilities will include:
• Approves, amends and completes statutes, regulations and other normative acts;
• Elects and dismisses the Board and the Chairman;
• Approves the Code of Professional Ethics;
• Elects and dismisses the chairman and members of the ASPK permanent commissions;
• Determines the level of membership for ASPKS members;
• Reviews and approves the work reports of ASPKS bodies;
• Approves the annual report of ASPKS;
• Approves the financial report and the final account of ASPKS;
• Making any other decision that is not specified by this statute.

7.2 The Assembly of Members of ASPKS decides on the representative of the organization who is appointed and dismissed by the Assembly of Members.
7.3 The Assembly of Members elects the ASPKS Board, which will consist of five (5) members.
7.4 The ASPKS Assembly of Members has the highest responsibility for ASPKS policy and financial matters. In this framework, the Assembly of Members has the power to elect and dismiss the officials in leading positions of ASPKS, to approve periodic financial and work reports, to interpret and amend the Statute, as well as to decide on the merger, division or dissolution of ASPKS -‘s. These responsibilities cannot be delegated to other lower bodies.
7.5 The Assembly of ASPKS Members may delegate any of its responsibilities to another intermediate governing body (Board), with the decision of the majority of its members, with the exception of responsibilities which are not delegated according to Article 31 of Law No. 06 /L-043 on Freedom of Association in Non-Governmental Organizations in the Republic of Kosovo and paragraph 2 of Article 5 of this Statute.

Article 8
Meetings of the Assembly of Members

8.1 The Assembly of Members will meet at least once a year at the Annual General Meeting (AGM) where the report on the means, liabilities, income, expenses and programs of the organization for the previous year is reviewed and approved, as well as the plan for the means, and anticipated obligations, income, expenses and programs of ASPKS for the next year.

8.2 The Assembly of Members can also meet at the Extraordinary General Assembly (EGA) whenever requested by half of the members or by other bodies of the Board. Such a request must be addressed to the Chairman of the Assembly of Members, who will notify all members of the meeting, in accordance with the procedures set forth in the following paragraph.

8.3 Written notification to the AGM and/or EGA, including the date and place of the meeting, along with the agenda for the meeting, will be distributed to all members at least seven days before the day of the meeting.
8.4 To hold the meeting, the participation of more than half of the members is necessary. If this quorum is not reached in the first ten minutes, the meeting will be adjourned to a later date and the new notice will be sent to all members.

8.5 Each member of the organization has one vote in the Assembly of Members. In cases where a conflict of interest is presented to any member, a declaration of conflict of interest must be presented to the assembly.

8.6 Decisions in the Assembly of Members will be made with the majority of members present, while for the MPV, 2/3 of the votes are required.

Article 9
Intermediate governing body (Executive Board of ASPKS)

9.1 The Assembly of Members has the highest responsibility for the policies and financial matters of ASPKS – the Executive Board must always act in accordance with the organization’s purpose.
9.2 The Executive Board will have the following responsibilities:
– Carrying out the work according to the regulations and responsibilities assigned by the ASPKS Assembly
– ASPKS budget management and accountability
– Organization of work and compilation of tasks according to the dynamic work plan
– Drafting and proposal of the work plan before the ASPKS Assembly
– Cooperation with state and local bodies that address health issues and cooperation with other professional associations in the country and abroad

9.3 The Executive Board is elected by the ASPKS Assembly. They shall be elected individually by majority vote of the members present. The method of election and work rules of the members of the Board can be regulated by a special Regulation for the work of the Board, which is approved by the Assembly of Members with a majority of votes.
9.4 The Board will have at least 5 (five) members, one of whom must be elected as Chairman of the Board. The Chairman of the Board is elected by the members of the Board themselves.
9.5 ASPKS Board members can be elected for consecutive mandates.
9.6 The members of the Board can be dismissed before the end of the mandate by a majority vote of the ASPKS Assembly.
9.7 The mandate of the Board member and the Chairman is 3 (three) years and ends:
– In case of death,
– resignation or
– dismissal from the Assembly of Members

9.8 In case of premature termination of the mandate of the Board member, the ASPKS Assembly must elect the successor to serve for the remaining time
9.9 The Chairman of the Board can be continued for 3 years after the end of the mandate with the majority of votes from the members of the Board.
9.10 Decisions in the Board are made by majority vote of the members present.
9.11 The Board may decide to address any matter to the Assembly of Members for decision-making.
9.12 No payment or compensation should be made to the members of the Board without the approval of the Assembly of Members and only when the payment or compensation is reasonable and is made for the work performed for the organization.

9.13 The permanent commissions of ASPKS are:

– Commission for ethical issues;
– Commission for continuing professional education;
– Budget and Finance Committee;
– Solidarity and legal and mutual aid commission;
– Commission for Laws, Administrative Instructions and Regulations

Article 10
ASPKS Officials and Employees

10.1 In case of need, ASPKS hires people to undertake the daily tasks of ASPKS.
10.2 Officials must be employed in accordance with the Labor Law in the Republic of Kosovo, all income and other benefits that must be paid to the Official, as well as the obligations and description of the work and responsibilities of the Official. All payments must be reasonable and must be paid only for work performed for the organization.

Article 11
Dissolution of ASPKS

11.1 ASPKS can be dissolved by the decision of two thirds of the members of the Assembly of Members.
11.2 When deciding on the dissolution of ASPKS, the Assembly of Members will indicate the name of the Non-Governmental Organization in the Republic of Kosovo that will receive the remaining assets after the organization’s debts have been paid. The non-governmental organization selected must have the same or similar purpose as the organization.

Article 12
Changes to the ASPKS statute

12.1 The current statute can be changed by the decision of two thirds of the present members of the Assembly of Members of ASPKS.

Article 13
Reporting Periods and Financial Year

13.1 The Board and appointed Officers will present annual reports to the Assembly of Members, the MFA or whenever required by a MFA.
13.2 The financial year of ASPKS will coincide with the calendar year.

Article 14

This statute was approved in Prishtina on 22.03.2023 by the Members of the Assembly and was signed by the authorized representative Armend Agani.

Armend Agani
Authorized representative

Data 22.03.2023