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Creating The System Of Comprehensive Protection For Individuals Transplanted.

Original Language Title: Créase el Sistema de Protección Integral para Personas Trasplantadas.

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TRANSPLANTS

Law 26,928

Create the Comprehensive Protection System for Transplant Persons. Sanctioned: December 4, 2013 Enacted in Fact: January 10, 2014

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

CREATION OF A COMPREHENSIVE PROTECTION SYSTEM FOR TRANSPLANTED PERSONS

Article 1-The purpose of this law is to create a comprehensive protection regime for persons who have received an registered transplant in the National Registry of Procuration and Transplantation or are on a waiting list for the National System for the Procuration and Transplantation of the Argentine Republic (SINTRA) and permanent residence in the country.

ARTICLE 2 °-The National Central Institute for Coordination and Implant Coordinator (Incucai), in coordination with the courts of procurement and transplantation, will extend a certificate-a credential whose only presentation serves to credit the condition of the beneficiary as provided for in Article 1 of this Law.

Article 3 °-The authority of application of this law is the Ministry of Health, which must coordinate its actions with the jurisdictions and with the competent national bodies in the matter. In the respective jurisdictions it will be the enforcement authority that determines the provinces and the Autonomous City of Buenos Aires.

ARTICLE 4 °-The Public Health System, the social works framed in laws 23,660 and 23,661, the social work of the Judicial Branch of the Nation, the Social Aid Directorate for the National Congress Staff, the medical entities prepay and the entities that provide care to the staff of the universities, as well as all those agents who provide medical care services to their members regardless of the legal status they possess, must provide the persons covered by Article 1 of this Act coverage of one hundred percent (100%) in the provision of medications, diagnostic studies, and health care practices of all those pathologies that are directly or indirectly related to transplantation.

ARTICLE 5-The implementing authority, through the appropriate body, must grant to persons within the meaning of Article 1 of this law the passages of land or river transport of

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passengers of national jurisdiction, in the course of the journey between the domicile of those and any destination to which they must attend for duly accredited assistance. The franchise should be extended to a companion in case of documented need. In cases of need and for purely medical reasons, tickets will be granted for air travel.

ARTICLE 6-The implementing authority must promote to the relevant bodies, the adoption of plans and measures to facilitate the persons covered by Article 1 of this law, access to adequate housing or their adaptation to the demands that your condition demands you.

ARTICLE 7 °-Being transplanted, related donor or found in waiting list of the National Central National Institute Coordinating and Implant Coordinator (Incucai) with medical indication of transplantation, or being accompanied by a transplanted person in the terms that the regulation determines, it will not be a cause of impediment to the income or continuity of a labor relationship, both in the public sphere, and in the private sector. The lack of knowledge of this right will be considered discriminatory in the terms of Law 23,592.

ARTICLE 8 °-Every person within the meaning of Article 1 of this Law who is required to carry out checks on a regular basis, shall enjoy the right of special licences to enable him to carry out the studies, rehabilitation and treatment inherent in the recovery and maintenance of their state of health, which were necessary without causing loss of presenteeism or dismissal of their source of work.

ARTICLE 9-The employer is entitled to the calculation of a special deduction in the income tax equivalent to 70% (70%), in each tax period, on the remuneration paid to workers within the meaning of Article 1 of this law.

ARTICLE 10. -The Ministry of Labour, Employment and Social Security must promote programs of employment, entrepreneurship and sheltered workshops, intended for the persons covered by the article 1 of this law.

ARTICLE 11. -the national State must grant, in the terms and conditions of Law 13,478 and its amending and supplementary rules, a non-contributory monthly allowance equivalent to the invalidity pension for persons covered by the Article 1 ° of this law, in a situation of forced unemployment and which do not have any other benefits of a pension. If any, the beneficiary shall opt for one of them.

ARTICLE 12. -The expenses that the compliance with this law requires will be met with the items that the general budget of the Public Administration for the agencies involved in its implementation will be used annually.

ARTICLE 13. -Invite the provinces and the Autonomous City of Buenos Aires to adhere to this law.

ARTICLE 14. -This law will be regulated within the ninety (90) days of its promulgation.

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ARTICLE 15. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE FOUR DAYS OF DECEMBER OF THE YEAR TWO THOUSAND THIRTEEN.

-REGISTERED UNDER NO 26,928-

BELOVED BOUDOU. -JULIAN A DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

Date of publication: 22/01/2014

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