Bs.As., 22/9/95

VISTO

Acts No. 18.257, 18.290, 18.299, 19.316, 19.322, 19. 518, 19,655, 19.772, 20,412, 23,660, 23.661, 23,696, 24,24,463 and 24,465, and Decrees No. 2394 of 15 December 1992, 576 of 1 April 1993, 282 of 10 August 1995 and 292 of 14 August 1995; and

CONSIDERING

That the concept of the NATIONAL HEALTH SYSTEM gives priority to the needs and requirements of health services of workers and their protected family group.

It is necessary to start the transformation process until the Social Works System Reconversion Support Program is implemented.

That the current circumstances advise to implement access to a renewed solidarity benefit, with an outstanding effort from Health Insurance agents.

That the content of this Compulsory Medical Program reaches and commits natural health insurance agents and it is necessary to guarantee their financing.

That there has been an expansion of Health Insurance Agents, with impact on administrative and benefit management costs, a situation that has a bearing on the effectiveness of the allocation of solidarity funding resources.

That for the purpose of proper administration of the provision of the NATIONAL SYSTEM OF HEALTH, it is appropriate to revisit the form of financing provided for in Decree No. 292 of 14 August 1995, making it necessary to establish a uniform percentage for the employers' contributions to social works for all activities and regions of the country.

Appropriate mechanisms have been established to ensure that the system ' s increased resources are institutionally channelled towards persons in situations of greater disprotection regarding the promotion of social justice criteria that constitute the basis for the action of the policy established by the National Government.

That it is necessary to regulate in a consistent manner with the rest of the amendments the articles 2 (3) and 4 of Act No. 24,465.

The values and conditions by which part-time workers are integrated into Social Security should be established.

That by articles 1, 61 and concordant of Act No. 23,696, as well as in the regulations, the NATIONAL EXECUTIVE PODER is granted, inter alia, the power to dissolve and liquidate distributions, entities or bodies created by special laws.

The transformation, dissolution or liquidation of the institutes of social services created by law is appropriate, transferring them to the private sphere by refitting their normative frameworks as a result of the process of reform of the national State.

That it is necessary for an efficient economic system to avoid any tax burden that relapses distortively on certain sectors of production, such as the financing of some Social Services Institutes through other resources.

That it is necessary to foresee that the election of another insurance agent by the beneficiaries of the NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILADOS PENSIONS are carried out in the least traumatic manner possible, regularizing the situation of those retirees and pensioners who receive health coverage in their social work of origin.

That the present is given in the use of the powers conferred by article 99, paragraphs 1 and 2 of the National Constitution and article 61 of Act No. 23,696.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Chapter I

Compulsory Medical Program

Article 1 . The beneficiaries of the NATIONAL SYSTEM OF THE HEALTH SYSTEM covered by Article 1 of Law No. 23.660 shall have the right to receive the medical care benefits established in the medical assistance program that will be approved by the MINISTERY OF HEALTH and SOCIAL ACTION through the SECRETARIAT OF HEALTH POLITICES and SANITARY REGULATION. This programme shall be called the MEDICO OBLIGATORIO (PMO) and shall be binding on all the above-mentioned agents.

Art. 2 . A TECHNICAL COMMISSION OF THE MEDICAL PROGRAMME (PMO) with the participation of the NATIONAL ADMINISTRATION OF THE SECRETARIAT OF HEALTH AND SANITARY REGULATION A TECHNICAL COMMISSION OF THE MEDICAL PROGRAMME OF HEALTH AND SOCIAL ACTION, whose members shall be appointed by the Minister of Health and Social Action, The commission will have the task of formulating such a programme and issuing the regulations necessary for its implementation, which shall be subject to the approval of the Minister of Health and Social Action. Such regulation shall establish the benefits of the PMO.

Art. 3 (Article repealed by Article 9 of the Decree No. 1867/2002 B.O. 19/9/2002).

Chapter II

Fusion of Social Works

Art. 4 . In cases where a health insurance agent is not in a position to provide the PMO to all of its beneficiaries, it will have a deadline of SESENTA (60) days to propose to the NATIONAL ADMINISTRATION OF THE HEALTH FOLLOWER its merger with one or more Health Insurance Agents, so that it allows its beneficiaries access to the PMO.

After such a period of time without this merger being realized, the said agency will have the mandatory merger with another or other Health Insurance Agents.

Chapter III

Reduction of Patronial Contributions

Art. 5 . Replace Annex I and Annex II to Decree No. 292 of 14 August 1995 by Annex I and II to be approved as part of this decree.

Art. 6. The new Alicuots indicated in Annex II will be applicable for the remuneration that is devented from 1 September 1995 according to the schedule set out in the Annex.

Chapter IV

Partial Time Workers

Art. 7 . When the remuneration of workers under article 2 of Act No. 24,465 is equal to or above THREE (3) AMPOs, the social security benefits will be provided by the legislation in force. In this case, for the purpose of the provision of the Health Insurance Agent, the automatic integration provided for in article 3 of Decree No. 292 of 14 August 1995.

Where remuneration is less than THREE (3) AMPOs, the social security benefits shall be proportional to the time worked and to the contributions and contributions made, except as provided in the following article for the benefits of the health insurance system.

Art. 8 . Part-time worker whose remuneration is less than THREE (3) MOPRES may opt for social work benefits, integrating the contribution to his/her position and the employer's contribution with more the percentages corresponding to the Redeployment Solidarity Fund, corresponding to a salary of THREE (3) MOPRES. Where the above option is not exercised, the worker and the employer shall be exempt from their respective contributions and contributions.

Art. 9 de When the part-time worker is employed in relation to dependency for more than one employer and the sum of his or her remuneration is equal to or greater than THREE (3) AMPOs, the unification of contributions and contributions will be done as provided for in article 9 of Decree No. 292 of 14 August 1995. When the sum of the remuneration is less than TRES (3) AMPOs, the previous article will apply.

Chapter V

Transformation and Dissolution of Social Services Institutes

Art. 19, paragraph (a) or (h) of the Act No. 23,660 of the Institutes of Social Services, which is mentioned below, established by the following laws: No. 18,290, INSTITUTE OF SOCIAL SERVICES This transformation must be implemented within a period not exceeding THREE (3) months, and may be extended for the same time. In cases where a new entity is constituted, the statutes shall be submitted within the specified time limit and shall comply with the requirements for registration with the relevant agencies.

The entities that replace the transformed entities shall be responsible for the goods, the staff, the asset and shall assume in full the liability of the entities that are transformed, in accordance with the existing legal regulations, and shall be financed exclusively with the contributions and contributions on the payroll provided for in article 16, subparagraphs "a" and "b" of Law No. 23,660.

After the time limit provided for in this article has occurred without the established transformation, it will be dissolved and liquidated in accordance with the existing legislation.

Art. 11. (Article repealed by Decree No. 263/96 B.O.26/3/1996) .

Chapter VI

Final Provisions

Art. 12 de Replace article 10 of Decree No. 292 of 14 August 1995 with the following:

" ARTICLE 10 de Créase el REGISTER de AGENTES del SISTEMA NACIONAL DEL SEGURO DE SALUD FOR THE MEDICAL ATTENTION OF JUBILADOS y PENSIONADOS en el ámbito de la ADMINISTRACIÓN NACIONAL del SEGURO DE SALUD, el que debe estar en marcha antes del 1 de octubre de 1995.

In the Reference Register, the NATIONAL SYSTEM Agents of the HEALTH SYSTEM who are willing to receive as an integral part of their population attending to the retirees and pensioners must specify whether they will receive only the retirees and pensioners of origin or those from any agent of the NATIONAL SYSTEM OF the HEALTH SYSTEM. "

Art. 13 de Replace article 14 of Decree No. 292 of 14 August 1995 with the following:

"ARTICULO 14 . Agents who currently have retired or pensioned among their beneficiaries will be registered in the Register within the DOS (2) first months from the date of entry into force of this Decree. The existing conventions should be adapted to the new regulations. For the only time, the option referred to in article 11 of this Decree may be exercised by the Social Work of Origin before the NATIONAL ADMINISTRATION OF THE HEALTH FOLLOW-UP, representing its population of retirees and pensioners as at 1 October 1995. "

Art. 14 . Except as provided for in articles 19 and 20 of Decree No. 292/95 to Non-Contributory Pension Beneficiaries for Invalidez, who will continue to receive medical coverage from the Institute of Social Services for Jubilee and Pensionees.

The Social Services Institute for Retired and Pensioned Persons shall affect the corresponding share of the funds from the Fund for the Programme for Disabled Persons, established by article 7 of Act No. 24.452.

Art. 15 de Decree No. 282 of August 10, 1995.

Art. 16 . Note the BICAMERAL COMMISSION OF THE HONORABLE CONGRESS OF NATION.

Art.17 . Contact, publish, give to the National Directorate of the Official Register and archvese. MENEM-MAZZA. -

Annex I

A-CRONOGRAMME OF PATRONAL APORT DISCUSSION.

_

B - CRONOGRAMME OF PATRONAL APORT DISCUSSION

FOR EXCEPT PROVINCY FOR CORRESPONDIENTS TO CAPTAIN AND PROVINCIAL CIUDAIES, AGLOMERED IN ANNEX I-A

Annex II

(a) National Retired and Workers Pension Scheme for the Unit

(b) Ex-Family Subsidies Cases

(c) National EMPLEMENTATION FUND

(d) NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILD AND PENSIONS.

(e) Social Work Plan

NOVEMBRE-DICIEMBRE

(a) National Retired and Workers Pension Scheme for the Unit

(b) Ex-Family Subsidies Cases

(c) National EMPLEMENTATION FUND

(d) NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILD AND PENSIONS.

(e) Social Work Plan

FROM JANUARY

12.01

5.25

1.05

0.59

5.00

23.90

11.15

4.87

0.97

0.55

5.00

22.54

10.29

4.50

0.90

0.51

5.00

21.20

9.43

4.12

0.82

0.47

5.00

19.84

8.58

3.75

0.75

0.42

5.00

18.50

7.72

3.37

0.67

0.38

5.00

17.14

6.86

3.00

0.60

0.34

5.00

15.80

6.00

2.62

0.52

0.30

5.00

14.44

5.15

2.25

0.45

0.25

5.00

13.10

4.29

1.87

0.37

0.21

5.00

11.74

3.43

1.50

0.30

0.17

5.00

10.40

(a) National Retired and Workers Pension Scheme for the Unit

(b) Ex-Family Subsidies Cases

(c) National EMPLEMENTATION FUND

(d) NATIONAL INSTITUTE OF SOCIAL SERVICES FOR JUBILD AND PENSIONS.

(e) Social Work Plan