SOCIAL ARTWORKS

Decree No. 1643/90

Rules of Law No. 23,697 concerning the Sanitation of Social Works.

Bs. As., 23/8/90

VISTO, Articles 52 to 55 of Act No. 23,697 of Economic and Social Emergency; and

CONSIDERING:

That the social works of the different configurations have suffered a deterioration that makes it necessary to address the sanitation of their economic and financial statements.

That such sanitation should include, in accordance with the provisions of Chapter XXIII of the aforementioned Law 23.697, at least two basic and transcendent aspects, such as rinsing their liabilities arising from medical care services, and addressing defined profiles of rationalizing their expenses, contracting and structures.

That, for that purpose, the legal provisions that are regulated by this Decree, have created the body that should develop the efforts and activities aimed at such sanitation, which shall be composed of representatives of the Ministry of Health and Social Action, the Ministry of Economic Affairs, the Ministry of Labour and Social Security, the Ministry of Social Security, the Ministry of Social Security and Social Security, the Ministry of Social Security and Social Security.

That it is necessary, according to the general context of the regulations issued, to specify by this regulation, the scope of the legal expressions that refer to the liabilities subject to financial support, as soon as they have been directly originated in medical care or subsistence benefits.

That some guidelines should also be established for provincial social works and those that are agents of the National Health Insurance, beneficiaries of the system provided for in the regulations, to formulate specific plans for the remediation of their property, administrations, contractual linkages and expenditure policies.

The respective Legal Services have taken the intervention of their competence.

That the present measure is in use of the powers agreed upon by article 86, paragraph 2, of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 - The Commission on Social Security (CSOS) established by article 52 of Act No. 23,697, shall consist of a representative appointed by the Ministry of Health and Social Action, one appointed by the Ministry of Labour and Security SOCIAL, one designated by the MINISTERY OF ECONOMY, one designated by the NATIONAL ADMINISTRATION OF THE SEGURO OF HEALTH (ANSSAL) and one by the CONFEDERATION OF PROVINCIAL SOCIAL ARTWORKS OF THE ARGENTINA REPUBLIC (COSPRA), each agency will also designate two alternate representatives. Designations shall be made within fifteen (15) days of the publication of the present regulatory decree.

Art. 2o - The COMMISSION ON SOCIAL ARTWORKS within fifteen (15) days, from its constitution, shall issue its rules of operation, having to elevate to the national executive branch, every ninety (90) days, a memory of its management.

Art. 3o - Members of the COMMISSION ON SOCIAL ARTWORKS should not have incompatibility or be incorrect in civil or criminal inability. His functions will be "ad-honorem."

Art. 4o - For the purposes set out in article 53 of Law 23,697, consider:

(a) Liabilities originated directly in medical care benefits:

(1)- Debts incurred by practices included in the official nomenclators in force in accordance with the different forms of recruitment authorized by the NATIONAL INSTITUTE OF SOCIAL ARTWS - NATIONAL ADMINISTRATION OF HEALTH FOLLOW-UP.

2)- Debts caused by the operating costs of the assistance services themselves.

(b) Assets originated in subsistence allowance, to those:

(1)- Debts due to food supply to maternal and child gardens and geriatric establishments.

2)- Debts incurred for the provision of food for maternal and child care plans and programmes and for the provision of milk.

The funds used to address liabilities arising directly from medical-assistance benefits or for the subsistence of affiliates consisting of provincial treasury funds, debt cancellation bonds and bank debts shall be considered as such, provided that there is an obligation to return or restitution to the creditor.

Art. 5o - The substantiation referred to in article 54 of Act No. 23,697 and which shall present social works shall include:

(1)- Statement as at 31.12.88.

2)- Status of origin and application of funds for the period 1.1.89 to 31.7.89.

3)- Statement as at 31.7.89.

The accounting states mentioned above shall be issued by public accountant with signature certified by the respective professional council. For provincial social works it will be necessary for them to be audited and dictated by the respective counter-lor bodies.

4)- Sanitation plan containing guidelines and standards on:

(a) Improvement and securing of collection;

(b) Compliance with contributions and contributions to the ANSSAL Redeployment Solidarity Fund, where appropriate;

(c) Reduction of administrative costs, up to 8 per cent of its gross resources deducted contributions to the Solidary Redeployment Fund established by Law 23.661, within a period not exceeding one hundred and eighty (180) days;

(d) Rationalization in the use of movable and immovable property;

(e) Engagement of partnerships and cooperation among health insurance agents to provide more efficient benefits;

(f) Strict compliance with accounting requirements for transparency;

(g) Development of an appropriate accounting and quality management and audit system;

(h) Presentation of health plans and programmes with reports on and implementation of development;

(i) Revision of contracts with lenders;

(j) Proposition and programmes of implementation of obligations after 1.8.89.

Art. 6o - Applications made pursuant to article 54 of Law 23.697, shall contain the following information:

(a) Creditor identification, names and surnames, social reason, identification numbers C.U.I.T.; DNI-LC-LE (for nationals) or CI-No passport (for foreigners) employer number in the National Directorate of Previsional Recruitment.

(b) Document supporting the credit, number and date of invoice, number and date of delivery, date of benefit, due date;

(c) Import of debt, historical value.

(d) Number of registrations in the Registry of former INOS Providers. They will also be supported by:

(a) Signature of legal representatives of debtors;

(b) Reports of the respective bodies of the Controller;

(c) Report of an independent auditor, certifying the ownership and accuracy of the debt, under the terms of Law 23,697 and this regulatory decree and the current accounting and audit standards. The signature of the accounting auditor shall be certified by the respective professional council.

Art. 7o - The NATIONAL ADMINISTRATION OF THE HEALTH FOLLOW-UP, in its capacity as a competent official body, shall interpret at the request of the COMMISSION ON SOCIAL ARTWORKS, those controversial issues that arise in terms of the technical ownership characteristics of liabilities.

Art. 8o - The control of the application of the agreed and allocated financings shall be exercised by the COMMISSION ON SOCIAL ARTWORKS, which may audit the information provided by the social works in accordance with the provisions of article 5 of this decree, all without prejudice to the powers of control granted by the law of accounting to the TRIBUNAL DE CUENTAS DE LA NATION. The delay of more than five (5) days in the application of the financings to the destination for which they were delivered, or the misappropriation that implies the non-derogation of total or partial liabilities, or any other circumstance imputable to the social work that represents the non-compliance of the purposes provided by law, will result in the automatic cessation of any procedure inherent to it. The Commission on the Sanitation of Social Works may intimate the social work to remedy the irregularities within a period of ten (10) days and in the event that the same, total or part, will be able to provide the absolute expiration of the benefits of the system of the sanitation of liabilities, without prejudice to the civil and criminal actions that may correspond.

Art. 9o - The SAINT COMMISSION will have its seat at the headquarters of the NATIONAL ADMINISTRATION OF HEALTH FOLLOW-UP (former INOS), an agency which, for the purposes of the commission assigned to the CSOS by chapter 23 of Law 23,697 and this Decree, will provide the organizational and functional structure of its permanent plant, in accordance with the expenses set forth in Article 2466.

Art. 10. - Note the HONORABLE CONGRESS of the measures set forth in this decree.

Art. 11. - Contact, post, give to the National Directorate of the Official Register and archvese.- MENM.- Eduardo Bauzá. - Antonio E. González. - Alberto J. Triaca.