The Act on Systems of Choice (LOV)
The Act on System of Choice (LOV) regulates what will apply when contracting authorities subject parts of their operations to competition by setting up a system of choice where the user can choose between suppliers in the system.
The Act on Systems of Choice (LOV) came into force on January 1, 2009. The act applies to municipalities and regions when they set up systems of choice for healthcare and social services. It is not mandatory for municipalities to set up systems of choice, but mandatory for the regions within primary care.
From July 1, 2010, LOV is also a non-mandatory alternative for the Public Employment Service within its operations on labour market policy.
From July 1, 2013, the Act on Systems of Choice related to Services for Electronic Identification (2013:311) applies to services for electronic identification. The law applies when contracting authorities choose to use electronic identification in their electronic services and connect to a system for secure identification provided by the Agency for Digital Government (DIGG). The organisations that set up systems of choice are called contracting authorities. Under certain conditions, so-called publicly governed bodies can also be included in the term, contracting authority. For example certain companies and foundations.
Services subject to LOV
LOV comprises certain services that were previously listed as B services in appendix 3 to the old Public Procurement Act (2007:1091), as well as other services within the Swedish Public Employment Service’s labour market policy operations.
- social care for people with functional disabilities
- midwifery services
- services provided by GPs
- job coaches
- services for electronic identification
- Government bill 2008/09:29 The Act on Systems of Choice (LOV)(SV)
- Government bill 2008/09:74 Patient choice in primary care (SV)
- Government bill 2009/10:146 Systems of choice at the Public Employment Service (SV)
- Government bill 2012/13:123 Authorities’ access to services for electronic identification (SV)
Other stakeholders with assignments concerning LOV
- The Competition Authority is the supervisory body for systems of choice and is tasked with identifying breaches of major importance or key interest. The Competition Authority shall also monitor and report on any legal developments in the field and identify whether there is legislation and case law that inhibit an effective model for systems of choice. The Competition Authority shall also prevent regulatory breaches and promote a consistent application of the law by providing general guidance and accessible information about LOV.
The Competition Authority website
- The Swedish Agency for Economic and Regional Growth supports entrepreneurship and diversity within health and social care.
The website of the Swedish Agency for Economic and Regional Growth
- Swedish Association of Local Authorities and Regions (SALAR) provides advice and support to municipalities that are considering introducing, or have decided to introduce, systems of choice.
The SALAR website
- The Swedish Agency for Health and Care Services Analysis (Care Analysis) works from the perspective of patients, users and citizens and follows up and analyses operations and conditions in healthcare and dental care services, as well as operations in the interface between health and social care.
The Care Analysis website
Systems of choice – step by step
On our step-by-step pages, we describe how to set up a system of choice, how a supplier applies to participate in the system, what legal remedies are available and what happens if a system of choice is disrupted.
Where are systems of choice advertised?
The National Procurement Agency is tasked with developing and operating “Valfrihetswebben”, which is the national website where all services will be advertised in accordance with the Act on Systems of Choice (LOV). The website provides easily accessible, searchable information, at no cost, about services advertised within a system of choice.