Bs.As, 7/1/93

VISTO Laws 23.660 and 23.661, and

CONSIDERING

That health, in its broad interpretation, integrates the concept of person and, even more, transcends the individual vision to conform to a value of the community, since full collective realization strengthens and ensures personal health.

Given this interaction between the person and the community, avoiding the deterioration of personal and public health requires a solidarity treatment because what benefits or harms the whole moves to the individual.

These interactive effects both individual and collective define the nature of health care and make it necessary for structures and systems related to their care to be used with the dual objective of producing optimal results both individually and in the community.

That the system of social works was one of the responses that society developed in the face of the challenges and shortcomings posed by the solidarity treatment of the problems that underlie health care. In this regard, the birth of the system and its development meant an important tool of social progress.

That the freedom to choose the social work will contribute to the efficiency of the system of social works by the climate of greater competence that will stem from this situation, which means incorporating a new mechanism of control over the administration of resources by the beneficiaries themselves.

That this implies recognizing that it is not only necessary to explain the rights of workers, but also to provide the mechanisms for them to be exercised.

Greater competition will encourage control over the quality of benefits from the active role of beneficiaries, freeing the State to concentrate its control capacity on aspects of the system that cannot be monitored by users themselves.

It is necessary to differentiate them from the health service providers of professional organizations whose objectives are to defend their respective partners, thus increasing their efficiency.

That freedom of affiliation and deregulation of the hiring of health-care providers is promoted through all the above.

Since the public hospital is a fundamental factor of this system, it is necessary to guarantee its financing, so it is essential that it receive equal treatment when it provides benefits to beneficiaries with social coverage.

In addition, and in order to improve the benefits of existing social works, they may use procedures that optimise their functioning.

That the present is dictated in the use of the emerging powers of article 86 (2) of the National Constitution.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article. 1 . The beneficiaries covered by articles 8 and 9 of Act No. 23,660 shall have free choice of their social work within those covered by article 1 (a), (b), (c), (d) and (f) of the said Act.

Art. 2 . The choice provided for in the previous article may rest only on a social work and be exercised only on an opportunity per year.

Art. 3 . The modalities to be fulfilled for contributions and contributions to be deposited in the chosen social work will be determined by Joint Resolution of the MINISTERIES OF HEALTH and SOCIAL AND WORKING AND SOCIAL SECURITY.

Art. 4 . The basic benefits to be provided by social works will be determined by the Ministry of Health and Social Action. The National Health Insurance Administration (ANSSAL) will compensate the social work for any differences that might arise between the amount of contributions and contributions of the beneficiaries at the cost of basic benefits.

Art. 5 . Social works will not be able to enter into lending contracts with entities that have direct or indirect competence in the control of professional registration or limit their members the right to hire directly.

Art. 6 . Leave without effect all restrictions that limit the freedom of contract between lenders and social works, as well as those that regulate borrowing tariffs of any kind.

Art. 7 . Any direct or indirect form of administration or centralized collection of contracts mentioned in the preceding articles is prohibited, except for those relating to registrations or social quotas.

Art. 8 . Contracts between social works and lenders must necessarily contain categorization and accreditation criteria to optimize the quality of medical care.

Art. 9 . The agents of the National Health Insurance System will be obliged to pay the benefits that their beneficiaries demand from public hospitals that comply with the regulations that the NATIONAL EXECUTIVE PODER dictates.

Art. 10 . Social works can be merged, federated or used other unification mechanisms, total or partial, for the fulfilment of their objectives and those persecuted by this Decree.

Art. 11 Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM . Julio C. Araoz . Enrique O. Rodriguez.