Yes. We refer to question 1.d above.
No. However, the subjection of private hospitals to public procurement rules in Belgium is a very complex question.
Under the previous Public Procurement Act (applicable between December 1993 and 1 July 2013), private hospitals where expressly excluded from its scope. The same exemption applied to public hospitals for their tenders not exceeding the thresholds for the European publicity.
However, since 2013 (i.e. the entry into force of the previous public procurement Act), as well as in the 2017 public procurement Act, that exemption was removed, so that private hospitals are now for the first time subject to public procurement law (i) if they have been created to pursue general interest needs other than industrial or commercial, and (ii) if they are mainly financed by public funds (not necessarily by the state or by public laws entities). In practice, most hospitals fulfil these conditions but some of them still ignore – or refuse to comply – with the law.