Benefit For Hemolics Infected With Hiv People With Hemophilia - Monthly Assignment - Updated Standard Text

Original Language Title: BENEFICIO PARA HEMOLICOS INFECTADOS CON HIV PERSONAS CON HEMOFILIA - ASIGNACION MENSUAL - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
BENEFITION FOR HEMOFILICS INFECTED WITH HIV Law 25.869 A monthly allowance for persons with hemophilia is established that, as a result of having received homoderivated treatments between the years 1979 and 1985 even, they would have been infected with the retrovirus of human immunodeficiency .HIV., benefit that extends to spouses or concubines infected by them and to children. Sanctioned: December 17, 2003. Enacted: February 6, 2004.

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

ARTICLE 1 Any person with hemophilia who, as a result of having received hemoderivated treatments between the years 1979-1995, would have been infected with the Human Immunodeficiency Retrovirus (HIV), and Hepatitis B (HBV) and Hepatitis C (HCV), will have the right to receive the benefit established by this law.

The agreed benefit will be extended to the spouse or concubine, with public and continuous coexistence of more than two (2) years, and which have been infected by them with HIV, HBV and HCV viruses. The benefit of the children of the beneficiaries who were infected by HIV, HBV and HCV viruses will also be agreed upon by perinatal transmission.

(Article replaced by Article 1 of the Act No. 26,850 B.O. 22/5/2013)

ARTICLE 2 The benefit agreed in this Act shall consist of a monthly amount equivalent to the total basic wage allocation of Scale D-level agents for civil servants of the national civil service approved by Decree 1669/93.

Article 3 Applications for the benefit of this Act shall be submitted to the implementing authority determined by the national executive branch, which shall summarily verify its origin. The resolution that denies in a total or partial way the benefit will be appealed to the National Chamber of Social Security, within ten (10) days of notice, which will dictate a sentence in a very large procedure.

ARTICLE 4 The application for the benefits of this Act shall be made within one hundred and eighty (180) days of its promulgation.

ARTICLE 5o It will be sufficient to prove the factual ends of Article 1 or the presentation of medical certificates issued by the Ministry of Health of the Nation, through an accredited hematology service belonging to a public hospital, and by the Institute of Hematological Research "Dr. Mariano R. Castex", of the National Academy of Medicine, being able in turn to collect information from other public or private institutions with duly recognized hemo.

ARTICLE 6 Acceptance of the benefit set forth in this Act shall entail the renunciation and/or withdrawal of any judicial or administrative action for damages brought against the national State or the provinces.

ARTICLE 7 The perception of the benefit established by this law will not be incompatible with any other public allocation that the beneficiary is perceived or entitled to receive.

ARTICLE 8 The payments made by the national State under this Act do not exempt from liability the companies and/or pharmaceutical laboratories that have participated in the production, distribution or commercialization of onerous or free of hemoderivates during the period from 1979 to 1985 and who have infected hemophilic persons with the retrovirus of human immunodeficiency (HIV), or who have not acquired the acquired immunodeficiency syndrome (HIV). The national State shall have the right to repeat the amounts paid to the beneficiaries of this Act against those responsible.

Article 9 This law is of public order and must be regulated by the national executive branch within thirty (30) days of promulgation.

ARTICLE 10. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DAYS OF THE TWENTY DAYS OF THE YEAR.

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EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan Estrada.