The publication discusses the problem of a controversial interpretation of art. 8 paragraph. 2a of the Social Security Act, requiring hospital treatment as actual beneficiaries “work” of doctors and nurses (midwives) on duty under civil law contracts - signed with a third party. The author analyzes the accuracy of the interpretation from the perspective of medical activity assumptions, which specificity seems to be so far marginalized in the process of applying the law. The result of the author's considerations are demands to work on the amendment of the law on social insurance system taking into account the specific conditions of the exercise of the medical profession.