TRASPLANTS Law 26.928 Trust the Comprehensive Protection System for Transplanted Persons. Sanctioned: December 4, 2013 Enacted: January 10, 2014 The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
Law:
SYSTEM OF INTEGRAL PROTECTION FOR PERSONS
ARTICLE 1 — The purpose of this law is to create a comprehensive protection regime for persons who have received a transplant registered in the National Registry of Procuration and Transplantation or are in the waiting list for transplants of the National System of Procuration and Transplantation of the Argentine Republic (SINTRA) and permanently resident in the country.
ARTICLE 2° — The Unique Central National Institute for Ablation and Implantation (Incucai) in coordination with the jurisdictional agencies of prosecution and transplantation, will extend a certificate - credential whose sole presentation serves to prove the status of beneficiary under Article 1 of this Law.
ARTICLE 3° — The authority for the implementation of this Act is the Ministry of Health, which must coordinate its actions with the jurisdictions and with the relevant national bodies.
In the respective jurisdictions it will be the authority of application to determine the provinces and the Autonomous City of Buenos Aires.
ARTICLE 4° — The Public Health System, the social works under Acts 23,660 and 23.661, the social work of the National Judiciary, the Directorate of Social Aid for the Staff of the Congress of the Nation, the prepaid medical institutions and the entities that pay attention to the staff of the universities, as well as all those agents who provide medical services to their affiliates regardless of the legal figure that they possess, must provide to the present 100 per cent medical treatments.
ARTICLE 5° — The enforcement authority, through the appropriate agency, must grant persons covered by article 1 of this Act the ground or river transport tickets of passengers of national jurisdiction, on the journey between the residence of those persons and any destination to which they are to be incurred for duly accredited assistance reasons. The franchise should be extended to a companion in case of documented need.
In cases of necessity and solely assistance, tickets will be granted for air travel.
ARTICLE 6° — The enforcement authority should promote to the relevant agencies, the adoption of plans and measures to facilitate persons covered by article 1 of the present Act, access to adequate housing or their adaptation to the requirements that their status demands.
ARTICLE 7° — To be transplanted, related donor or to be registered in the waiting list of the Unique National Central Institute for Ablation and Implant (Incucai) with a medical indication of transplant, or to be accompanied by a person transplanted in the terms determined by regulation, will not be a cause of impediment to the entry or continuity of a working relationship, both in the public and in the private. Failure to recognize this right shall be regarded as a discriminatory act in the terms of law 23.592.
ARTICLE 8° — Any person covered by article 1 of the present law who must be controlled on a regular basis shall have the right to special leave to allow him to undertake studies, rehabilitations and treatments inherent in the recovery and maintenance of his or her state of health, which were necessary without causing loss of presentism or dismissal of his or her source of work.
ARTICLE 9° — The employer is entitled to the computation of a special deduction in the Earning Tax equivalent to 70 per cent (70%), in each fiscal period, on the retributions payable to workers under Article 1 of this Law.
ARTICLE 10. - The Ministry of Labour, Employment and Social Security should promote employment, entrepreneurship and protected workshops for persons covered by article 1 of this Act.
ARTICLE 11. - The national State must grant, in the terms and conditions of law 13,478 and its amendments and supplementary rules, a non-contributory monthly allowance equivalent to disability pension for persons covered by article 1 of this Act, in situations of forced unemployment and who have no other benefit of a foreseeable nature. If any, the beneficiary shall choose one of them.
ARTICLE 12. - Expenditures for the implementation of this Act shall be met under the provisions for which the General Budget of the Public Administration for the agencies involved in its implementation is allocated on an annual basis.
ARTICLE 13. - Invite the provinces and the Autonomous City of Buenos Aires to accede to this law.
ARTICLE 14. - This law shall be regulated within 90 days of its promulgation.
ARTICLE 15. - Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FOUR DAYS OF THE YEAR TRECE.
# 26,928 #
LOVE BOUDOU. - JULIAN A DOMINGUEZ. - Gervasio Bozzano. — Juan H. Estrada.
