National Act On Comprehensive Care And Care Of Health During Pregnancy And Early Childhood - Full Text Of The Norm

Original Language Title: LEY NACIONAL DE ATENCION Y CUIDADO INTEGRAL DE LA SALUD DURANTE EL EMBARAZO Y LA PRIMERA INFANCIA DISPOSICIONES - Texto completo de la norma

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NATIONAL LAW OF ATTENTION AND INTEGRAL CARE OF HEALTH DURING EMBARAZO AND FIRST INFANCIA

Law 27611

Provisions.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force

Law:

NATIONAL LAW OF ATTENTION AND INTEGRAL CARE OF HEALTH DURING EMBARAZO AND FIRST INFANCIA

CHAPTER I

General provisions

Article 1- Object. The purpose of this Act is to strengthen the comprehensive care of the health and life of women and other pregnant persons, and of children in early childhood, in compliance with the State ' s commitments in the field of public health and human rights of women and persons with other gender identities capable of gestating, and of their children and daughters, with a view to reducing mortality, poor nutrition and malnutrition, protecting and encouraging early development,

Art. 2°- Policy framework. The provisions of this law are contained in article 75, paragraphs 19, 22 and 23 of the National Constitution, in the treaties on human rights with constitutional hierarchy, in particular the Convention on the Rights of the Child, the Universal Declaration of Human Rights, the American Convention on Human Rights, the International Covenant on Economic, Social and Cultural Rights (PIDESC), the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination

Art. 3°- Guiding principles. The public provisions and policies set forth in this Act are complementary and fall within the framework of the provisions of the Acts 26.061 and 26,485 and the protection systems defined therein.

By virtue of the fact that pregnant persons and early childhood are the destinies of this law, they are established as guiding principles, in addition to those established by the above-mentioned laws:

a. Comprehensive health care for women and other pregnant persons, and for boys and girls up to three (3) years of age;

b. Articulation and coordination of the various agencies concerned in public policies for early childhood up to three (3) years of age;

c. Simplifying the necessary procedures for access to social security rights;

d. Design of public policies that provide adequate assistance and support to enable families to assume their responsibilities for comprehensive health care;

e. Unrestricted respect for the best interests of the child and the principle of progressive autonomy;

f. Respect for the autonomy of women and other pregnant persons;

g. Respect for the gender identity of persons;

h. Access to information and training for the exercise of rights;

I. Specialised care according to the intersectionality of the rights and violations of these rights.

CHAPTER II

Right to social security.

Art. 4o- Assignment for Comprehensive Health Care. Incorporate as Article 6 (k) of Law 24,714, the following:

(k) Allocation for Comprehensive Health Care.

Art. 5o- Beneficiaries and beneficiaries of the Comprehensive Health Care Assignment. Incorporate as article 14 octies of Law 24,714 and its amendments, the following:

Article 14 octies: The allocation for comprehensive health care shall consist of the payment of a sum of money that shall be paid once (1) a year to the holders covered by Article 1 of this Law, for each child under three (3) years of age who is in charge, provided that they have been entitled to the payment of the benefit set out in Article 6(i) of the present year in the period of time, and shall establish the necessary health care

Art. Six-thousands. Incorporate as article 18 (m) of Law 24,714 and its amendments, the following:

(m) Comprehensive Health Care Assignment: the largest amount set out in subparagraphs (a) or (b), as appropriate.

Art. 7o- Extension of the Pregnancy Assignment for Social Protection. Amend the first paragraph of article 14 quater of law 24,714 and its amendments, which shall read as follows:

Article 14 quater: The Pregnancy Social Protection Assignment shall consist of a monthly non-retributive monetary benefit to be paid to the pregnant person, from the beginning of his pregnancy to his or her interruption or the birth of the child, provided that he or she does not exceed nine (9) months, and must be requested from the seventeenth (12) week of gestation.

Art. 8o- Birth assignment. Deletion of antiquity. Amend article 12 of Act 24,714 and its amendments, which shall read as follows:

Article 12: The childbirth allowance shall consist of the payment of a sum of money that shall be paid once such an act has been credited to the National Social Security Administration (ANSES).

Art. 9o- Assignment by adoption. Deletion of antiquity. Amend article 13 of Act 24,714 and its amendments, which shall read as follows:

Article 13: The allocation for adoption shall consist of the payment of a sum of money to be paid once the act has been credited to the National Social Security Administration (ANSES).

Art. 10.- Extension of birth allocation and adoption allocation. Incorporate as article 14 septies of law 24,714 and its amendments, the following:

Article 14 septies: A person who is entitled to the perception of birth and adoption allowances set out in Article 6 (f) and (g) of the present Law shall be entitled to the perception of birth and adoption allowances. In order to access such benefits, the holders must credit the event and/or the relevant generating act to the National Social Security Administration (ANSES).

Art. 11.- Intrastatal tightening. The executive branch, through its competent agencies, shall establish procedures for the exchange of information to facilitate the verification of compliance with the requirements for the collection of benefits established by law 24,714 and its amendments.

CHAPTER III

Right to identity

Art. 12.- Early Birth Alert System. Digital certificate of vital facts. Creation. Consider, within the scope of the National Register of Persons (RENAPER), the Early Warning System of Births in order to guarantee the right to identity and to the immediate registration and identification of newborns and births, in accordance with articles 11, 12 and 13 of Law 26.061, on the Comprehensive Protection of Children and Adolescents.

The System will be implemented through the platform for issuing digital certificates of vital facts, which means that the intervening medical professionals must certify by electronic document with digital signature the vital facts of the person, in a whole according to the provisions of articles 30, 32, 34, 35, 62, 64 and 65 of the law 26,413, safeguarding the safety and inviolability of the data and in accordance with the parameters stipulated by the agencies.

The National Register of Persons, in coordination with the agencies of the national executive branch with competence in the matter and with the Federal Council of the Registry of the Civil State and Capacity of the People of the Argentine Republic, created by article 93 of the Law 26.413, will carry out the implementation of the Digital Certificate of Vital Acts in accordance with the provisions of articles 19, 24 and 25 of the Law 17,671 and its modifications, while the certificates extended in full form of paper remain in full.

The health personnel, obstetrics or health-care agent authorized to do so, who have attended childbirth in the event of births occurring outside of public or private medical care facilities, shall report the fact of birth to the Registry of the Civil State and Capacity of Persons concerned and to the National Registry of Persons within seven (7) days of occurrence and the manner in which such authority rule.

Art. 13.- Exemption of fees. Amend article 30 of Act 17,671, which shall read as follows:

Article 30: They are exempt from the payment of the fees determined by the Ministry of the Interior under this law:

a. Public bodies which, in the exercise of their functions, require documents, certificates and testimonies, must be included in them “official service”;

b. Persons who do not have economic resources to face the payment of the rate and their children under 18 years of age or children or other persons with restricted capacities who are in charge. Please refer to the National Register of Persons to dictate the complementary rules, regulations and any administrative act that is necessary for their implementation, as well as for the necessary finding through the flow of information and interoperability with the databases of other national State agencies.

Art. 14.- You must report immediately. Amend article 27 of Law 26,413, which shall read as follows:

Article 27: Birth books shall be registered:

a. All that occur in the territory of the Nation. Such registration shall be registered with the public official corresponding to the place of birth;

b. Those whose registration is ordered by a competent judge;

c. Those that occur on Argentine flagships or aircraft before the public official of the first Argentinian port or airport of arrival. Those occurring in places under national jurisdiction;

d. New registrations as a result of adoption;

e. Recognition.

Once the birth is registered in the Registry of the Civil Status and Capacity of Persons, it must be informed by the competent registration authority to the National Register of Persons (RENAPER) within the maximum period of seven (7) days.

Art. 15.- Late administrative registration. Amend article 29 of Act 26,413, which shall read as follows:

Article 29: The time limits set forth in article 28 may be expired by an administrative decision, for which the following orders must be fulfilled:

a. Negative birth registration certificate issued by the Civil Registry of the place of birth;

b. Certificate issued by official doctor determining age and alleged date of birth;

c. Report of the National Register of Persons where the person whose birth is intended to be registered is identified, registered or enrolada, determining by which instrument his birth was justified; or, where appropriate, a certificate of pre-identification, in which it is stated that with the data provided by the person and the biometric information obtained, they do not record registration in the said body; and

d. Statement under oath of two (2) witnesses regarding the place and date of birth, and the name and surname with which the person is publicly known.

In the event of the failure to meet the precautions set out in the preceding paragraphs, or if the request for registration has been refused at administrative headquarters, the request must be made through a court ruling. In such cases, the judge or the judge may avail himself of other evidence which he deems appropriate to require on a case-by-case basis.

In the event of registration of minors, the Public Prosecutor ' s Office of the jurisdiction concerned shall be given prior intervention.

CHAPTER IV

Right to comprehensive health

Art. 16.- Comprehensive care model. The authority for the implementation of this Act shall design a model for comprehensive care and care of the specific and appropriate health for the pregnancy stage and up to three (3) years of age, from the perspective of the right to comprehensive health of women, other pregnant persons, boys and girls, and taking into account the territorial particularities of the whole country. The defined care model should include the three (3) subsectors that make up the health system and articulate with other relevant public bodies.

Art. 17.- Staff training. The teams of professionals and staff involved in the implementation of this law shall be adequately trained in the contents, guiding principles and objectives set out in this law and in other regulatory provisions governing the matter, in order to have adequate information and develop the competencies necessary to give effect to the provisions of this rule. The implementing authority will have a specific training programme in line with the different levels of attention of the different State agencies involved in its implementation.

Art. 18.- Community teams. The implementing authority shall coordinate with the provinces and with the Autonomous City of Buenos Aires, in the framework of the work already carried out by the community health care teams, in order to promote the access of women and other pregnant persons and of girls and boys up to three (3) years of age, to the relevant health services, to the child development centres regulated by law 26,233 and to the nursery and child welfare gardens,20, To this end, the implementing authority shall establish the basic guidelines for the intervention, coordination and coordination of community health devices and equipment with the administrative bodies for the protection of rights set out in article 42 of Law 26.061, as well as with the national, provincial or municipal administrative agencies competent in the public policies involved.

Art. 19.- Training and participation. The implementing authority should coordinate and coordinate, in public areas, primary health-care centres, child development centres regulated by law 26,233 and nurseries and infants regulated by law 26,206, workshops and training spaces, participation and access to information for women and other pregnant persons and their families, on comprehensive health care, development and early links, relevant nutrition, breastfeeding, and other pregnant persons and their families.

The implementing authority will encourage the inclusion of the parent co-responsible in the antenatal consultation by creating a specific consultation to facilitate their preparation for the time of delivery and upbringing.

Art. 20.- Public provision of key inputs. The national State shall implement the public and free provision of essential inputs for women and other pregnant persons during pregnancy and for children up to three (3) years, in cases and conditions determined by the regulation.

In particular, the provision of:

a. Essential medicines;

b. Vaccines;

c. Milk;

d. Food for healthy growth and development in pregnancy and childhood, within the framework of available programmes.

Art. 21.- Specific strategies for perinatal health and early years of life. The implementing authority shall implement specific policies for the care, promotion, protection and prevention of the comprehensive health of pregnant persons and children up to three (3) years. In particular, the health system should promote:

a. Access to care for women and other pregnant persons in order to ensure timely and comprehensive controls and interventions for the prevention, diagnosis and treatment of any complications;

b. Safe sleep protection strategies for all boys and girls, including training for health teams, women and other pregnant persons and families, on practices to prevent serious events during sleep;

c. Unintentional injury prevention strategies during the first years that should include training for health teams in the care of public and private spaces to prevent injuries at these ages; transmission of preventive measures to families; regulations on the safety of toys and furniture and safe spaces for transportation in public and private transport;

d. An efficient baseline and counterreference system between the first and the second level of health care;

e. In the event of placement of children in public or private health facilities and for the purpose of adequate health care, for boys and girls to have reciprocal contact with those exercising parental responsibility, guardianship or guardianship in accordance with the rules of the Civil and Commercial Code of the Nation, as well as with those relatives or persons with whom they have an affective link.

CHAPTER V

Right to protection in specific situations of vulnerability

Art. 22.- Organization of health services for children in need of special care in their early years. For children and girls with higher health conditions at this age; preterm delivery history; congenital heart disease; other congenital, genetic or metabolic diseases or malformations that involve a high risk or impact on health and quality of life, the implementing authority should organize a model of risk care by prioritizing family-centred community interventions, within the framework of the primary health care strategy,

They should be gradually incorporated into the health effects, according to the deadlines established by the implementing authority, the equipment for diagnostic procedures and techniques of the highest-risk health conditions in the early years, which should be accompanied by the training of the personnel involved in the realization of the same. It will also incorporate, in the form established by the authority of application, the access of pregnant persons to the study of fetal morphology by ultrasound, or method that in the future replaces it, between 18 to 22 weeks of gestation, to define major congenital malformations or fetal health problems, and other studies and practices that are established in the protocols provided by the authority of application.

Art. 23.- Persons with high-risk pregnancies. Trombophilia. For pregnant persons with high-risk pregnancies, the application authority should promote a care model that prioritizes community interventions focusing on comprehensive health care, equitable access to perinatal health services networks organized according to complexity requires it for the diagnostic methods and treatments indicated, as well as to ensure that births occur in safe motherhoods for care, depending on the risk of the pregnant person or the pregnant person.

For persons suspected of thrombophilia by medical indication, according to the criterion of the treating professional, according to protocols established by the application authority and based on both obstetric and non-obstetric backgrounds, the application authority must seek access to free diagnostic studies and treatments established for such condition, both for persons with exclusive public coverage and for those with other social coverage. It should also promote the establishment of a care model that prioritizes community interventions focused on comprehensive health care, with a focus on risk reduction, equitable access to health services according to the complexity required for diagnostic methods and treatment, when indicated.

Art. 24.- Women or other pregnant persons in situations of gender-based violence. The enforcement authority must arbitrate the means to inform women and other pregnant persons on their right to a life free from physical, psychological, obstetric and institutional violence and to provide them with information on existing care and reporting devices. To this end, the implementing authority will design specific dissemination materials on this subject.

In cases where, within the framework of health care, there are indications or suspicions of possible situations of gender-based violence, professional teams and intervening staff have the duty to inform girls, adolescents, women and other pregnant persons about the rights set out in Act No. 26,485 and the existing resources of care and complaints. Girls, adolescents, women and other pregnant persons in situations of gender-based violence who express their willingness to be treated by mental health services should receive immediate attention. Health services should ensure adequate care, articulating with relevant agencies in the area of referral and law enforcement 26,485.

Art. 25.- Indicators. The implementing authority shall agree, within the framework of the coordination unit set out in article 30 of this Act, on a list of comprehensive indicators that include the social determinants of health, to provide information at the population level with which it is possible to identify pregnant persons, children and girls in situations of threat or violation of rights that affect or affect their comprehensive health.

The implementing authority will promote training in these indicators, active search and responsibility for protocols to be followed in cases of violations of rights that affect comprehensive health, for all members of health, social development, education and child protection teams, responsible for comprehensive health care for pregnant persons, girls and boys up to three (3) years of age.

Art. 26.- Pregnant girls and teenagers. The authority for the implementation of this law shall ensure protocols for specialized and specific care for girls and adolescents under 15 years of pregnancy, as a group in high vulnerability. A timely care of the health service will be ensured for the detection of possible sexual abuse with all the safeguards necessary to preserve its privacy and confidentiality and to respect progressive autonomy as provided for in the Civil and Commercial Code of the Nation, avoiding its revictimization.

CHAPTER VI

Right to information

Art. 27.- Comprehensive Health Care Guide. The implementing authority will design and publish in accessible format a comprehensive health care guide that will contain information from each stage of the life course, provide information on the right to a life free of violence, disseminate the benefits of breastfeeding and stimulate co-responsibility in care work with reinforcement in early links, play and enjoyment. It will be promoted in all public and private health facilities, with obstetric and/or paediatric care, territorial devices of each agency with competence in the field, and through all possible means.

Art. 28.- Free line of attention. The implementing authority must incorporate in the existing free telephone lines, in a form articulated with the provinces and the Autonomous City of Buenos Aires and through the relevant government agencies, the care of women and pregnant persons and their families in order to provide adequate information according to the stage of gestation or upbringing. The application authority will develop content adaptable to various media and communication formats that promote and facilitate access to information. A specific care, referral and monitoring device will be created for women and pregnant persons in situations of particular vulnerability.

CHAPTER VII

Implementation authority

Art. 29.- Implementing authority. Designate the Ministry of Health of the Nation as the authority for the implementation of this Act.

Art. 30.- Administrative coordination unit. Trust the Ministry of Health, an administrative coordination unit for the care and comprehensive care of the health of women and pregnant persons during pregnancy, and of their children up to three (3) years. This unit will have as its function the integral approach and the coordination of actions necessary for the full implementation of the provisions of this law.

The administrative coordination unit shall consist of representatives:

a. Ministry of Health

b. From the Ministry of Women, Gender and Diversity;

c. From the Ministry of Social Development;

d. National Secretariat for Children, Adolescents and the Family (SENAF);

e. Ministry of Education;

f. National Social Security Administration (ANSES);

g. From the National Register of Persons (RENAPER);

h. National Council for Social Policy Coordination;

I. From other agencies that the enforcement authority considers relevant to the effective implementation of this law.

Art. 31.- Functions of the administrative coordination unit. The unit established in article 30 of this Act shall have the functions of:

a. Ensure coordination and coordination of health, gender, food, care, transport, registration, among others with competence in the field;

b. To promote integrality in the care of women and other pregnant persons and their daughters and children up to three (3) years;

c. Promote the effectiveness and simplification of administrative procedures and management for the registration and acquisition of benefits, goods and services and the exercise of their rights;

d. Increasing co-responsibility in the care of girls and boys;

e. Ensure the gender perspective and respect for the human rights of women and other pregnant persons and children in the implementation of this law;

f. Ensure access to information on the exercise of the rights provided for in this Act;

g. Design specific protocols for action, including those relating to action in community areas for care during pregnancy and the first three (3) years of life of children, as well as specific protocols that will govern the operation of the hotline, under a rights perspective;

h. Design and implement advisory and technical support tools, responsible referral devices and other governing mechanisms for staff and agencies involved in the implementation of this law;

I. Develop and implement a comprehensive training plan aimed at all personnel involved in the implementation of this law, ensuring that the content addresses the various critical themes and processes, which will be defined according to the different profiles that make up the teams of the areas involved.

Art. 32.- Unification of records and databases. The enforcement authority shall arbitrate the means to promote the unification of records and databases among the agencies involved in the implementation of this law in order to improve the effectiveness and access to rights, benefits and services, and to comply with appropriate monitoring and monitoring of policies.

Art. 33.- Monitoring and evaluation. The implementing authority shall develop and implement a system of monitoring and evaluating the implementation of this law, including the construction of prioritized indicators to evaluate the access and effective exercise of the rights guaranteed by this law.

The monitoring and evaluation scheme will be implemented in a cross-sectional manner by the three (3) subsectors that make up the health system - public, social works, and prepaid medicine - making it compulsory to send the information required by the application authority.

Art. 34.- Accountability. The implementing authority shall send to the Honorable Congress of the Nation an annual report with the state of progress and indicators regarding the implementation of this law.

Art. 35.- Contact the national executive branch.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TREAT DAYS OF THE TWENTY OF THE TWENTY YEAR MIL VEINTE.

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CLAUDIA LEDESMA ABDALA DE ZAMORA - SERGIO MASSA - Marcelo Jorge Fuentes - Eduardo Cergnul

e. 15/01/2021 N° 1956/21 v. 15/01/2021