Clalit Health Fund Battles Health Ministry Over Sensitive Report Materials

A dispute between Clalit Health Services and the Ministry of Health over a sensitive investigation committee report has reached an impasse, with Clalit demanding access to four additional testimonies before a draft report is published. The State has agreed to provide Clalit with 31 out of 35 testimonies gathered by the committee, which was established to examine the relationship between Clalit's management and its board of directors. However, the State refuses to release the remaining four testimonies, arguing that their disclosure would identify individuals who requested anonymity due to fears of professional repercussions.

Clalit contends that even with the partial release of materials, its ability to conduct a proper hearing is compromised, and without the full evidence, it cannot adequately defend itself. Consequently, Clalit is requesting that the report not be published. This marks the second round of a dispute that has lasted over a year, following Clalit's initial attempt to prevent the committee's formation.

The committee, initially frozen by the current Health Minister, was convinced of "deficiencies in corporate governance" at Clalit by his predecessor. The current conflict centers not on the Ministry's right to investigate, but on the extent of material disclosure, particularly concerning the anonymous witnesses. Seven witnesses explicitly requested their testimonies remain confidential, and while three were partially disclosed with identifying details redacted, the State determined that redacting the remaining four would still reveal their identities.

The State expressed concern to the High Court of Justice that withholding these testimonies could deter future whistleblowers in Israel's small healthcare sector, potentially harming the effectiveness of future investigations. Clalit, in response, stated that the draft report's conclusions appeared predetermined and that it has faced systematic disregard of its requests for materials, even after the High Court's recommendation to release them. Clalit maintains it will continue to act with integrity for its members and assert its rights.