belgiquelex.be - Carrefour Bank of Legislation

14 JANVIER 2002. - Health Care Measures Act (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Social affairs and pensions
CHAPTER I^er. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994 and the Act of December 16, 1851 on the revision of the Mortgage Plan
Section 1^re. - Relations with the medical body
Art. 2. Article 36, § 1^er, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, replaced by the Royal Decree of 25 April 1997, paragraph 6, inserted by the Act of 24 December 1999, is repealed.
Art. 3. Article 36bis, § 1^er, the same Act, inserted by the Act of 10 December 1997, is supplemented by the following paragraph:
"The King may, according to the above procedure, set the rules for the financing of the functioning of the organs responsible for the organization of accreditation on the one hand, and local medical assessment groups on the other. It may determine the conditions under which the part of the lump-sum intervention referred to in Article 50, § 6, last paragraph, to be determined by Him, will be used for funding. "
Art. 4. Section 50bis of the Act, inserted by the Act of 22 February 1998 and replaced by the Act of 25 January 1999, is repealed.
Art. 5. Article 52, § 1^erthe same Act, as amended by the Act of 24 December 1999, is amended by:
1° Paragraph 3 is replaced by the following provision:
"The King shall, after notice of the commission made pursuant to the provisions of paragraph 5, and the Insurance Committee, establish the rules under which these agreements are entered into and determine the standards that the charge of the packages is distributed among the insurers. »;
2° in paragraph 4, the following provision is inserted after the first sentence:
"The final conclusion of the agreement is acquired only if the vote brings together two thirds of the insurers; the agreement thus concluded engages all insurers. »
Paragraph 5 is replaced by the following paragraph:
"The composition and rules of operation of the commission in respect of the notice referred to in paragraph 3 and in respect of the application of the rules, particularly in respect of the calculation and payment of the lump sums, shall be fixed by the King. »
Section 2. - Financial arrangements
Art. 6. In Article 40, § 1^er, paragraph 2, of the same Act, as amended by the Act of 24 December 1999 and by the Royal Decree of 10 December 1996, the words "the General Council shall take into account the standard of real growth of the health care expenses set by law" are replaced by the words "the General Council shall take into account the standard of real growth of the health care expenses established by law and the algebraic difference referred to in sections 59 and 69 as well as^erof the Hospitals Act, coordinated on 7 August 1987. »
Art. 7. Section 51 of the Act, as amended by the Acts of 20 December 1995, 10 December 1997, 25 January 1999, 24 December 1999, 12 August 2000 and 2 January 2001, and by the Royal Decree of 25 April 1997, are amended as follows:
1° in § 2, paragraph 5, the sentence "The reductions fixed by the General Council correspond to the overtaking on an annual basis observed in relation to the partial budget objective" is replaced by the following provision: "The reductions fixed by the General Council correspond to the overtaking on an annual basis expected or recognized in relation to the partial budgetary objective. »;
2° § 4 is supplemented by the following paragraphs:
"As soon as, in accordance with Article 40, § 3, the partial budgetary objectives of a subsequent fiscal year are fixed and a significant overtaking or risk of significant overtaking is found on the basis of the data of the current fiscal year or part of that fiscal year, the Budgetary Control Board shall consider whether an overtaking or risk of overtaking is expected in the next fiscal year.
The overall financial resources budget for certain benefits referred to in section 34 is assimilated for the purposes of the provisions made pursuant to paragraph 1^er, to a partial budgetary objective, except for the aggregate budgets that are part of a partial budgetary objective established in accordance with Article 40, § 3. »;
3° in § 5, the words "of the report referred to in § 3, paragraph 6" are replaced by the words "of the report referred to in § 3, paragraphs 2 and 6".
Art. 8. In section 53 of the Act, as amended by the Acts of 22 February 1998, 25 January 1999 and 24 December 1999, the following paragraph shall be inserted between paragraphs 7 and 8:
"The King may set the terms and conditions for payment of the insurance intervention to the beneficiary or his representatives. It may also specify which persons cannot act as a representative. »
Art. 9. In section 56bis of the Act, inserted by the Royal Decree of 25 April 1997, the following amendments are made:
1° § 1^er is replaced by the following provision:
"By derogation from the provisions of this Coordinated Law and its Implementing Orders, the King may, by order deliberately in the Council of Ministers, after the advice of the General Council and the Committee of Conventions or Agreements concerned, establish annually a comprehensive budget of financial means for the benefits of Article 34 that it determines and which are dispensed to beneficiaries admitted to hospital establishments that it designates and that are covered by Article 2 of the Coordinated Hospitals. »
2° In § 4, the words "by order deliberately in the Council of Ministers and in compliance with existing procedures" are replaced by the words "after the opinion of the Insurance Committee".
Art. 10. Section 59 of the Act, as amended by the Acts of 12 August 2000, 2 January 2001 and 19 July 2001, is supplemented by the following paragraph:
"The correction mechanisms and reductions referred to in Article 51, §§ 2 and 3 are applicable, whether or not the incorporation referred to in this Article takes place. »
Art. 11. An article 64bis, as follows, is inserted in the same law:
"Art. 64bis. For benefits reimbursed entirely or partially by the budget of the financial means referred to in section 87 of the Hospitals Act, coordinated on August 7, 1987, no intervention of the insurance may be granted, except for the party not reimbursed by the aforementioned budget and without prejudice to the application of section 100 of the aforementioned Act.
The King shall amend, after notice of the Insurance Committee, the fees, prices, refunds or other amounts, set by regulation shall be refunded by the budget referred to in paragraph 1^er.
The King may set more precise rules for the application of this provision. »
Art. 12. Article 191, paragraph 1^er, 7°, of the same law, inserted by the Act of 8 August 1980, amended by the Acts of 22 February 1998 and 24 December 1999, to the extent that it was repealed by section 2, 4.b, of the Act of 30 December 1982, containing the budget of the Dots of the Budget Year 1982, is restored with respect to pensions of members of the Legislative Chambers and their beneficiaries.
Art. 13. Section 192, paragraph 3, of the Act, replaced by the Royal Decree of 12 August 1994 as amended by the Acts of 20 December 1995, 22 February 1998, 25 January 1999 and the Royal Decree of 25 January 1997, is replaced by the following provision:
"It distributes between the plans of wage-earners and self-employed workers, between the health-care sector and the compensation sector, the various resources referred to in section 191 that are allocated to them, and it deducts from the total amount of resources, taken into account in this section, of each plan and sector, the amount of its administrative expenses provided for in the budget document referred to in section 12, 4°, on the pro rata of the intended resources, »
Art. 14. In section 196 of the Act, replaced by the Royal Decree of 12 August 1994, and amended by the Act of 25 January 1999 and by the Royal Decree of 10 April 2000, a paragraph 6 is inserted, as follows:
“§ 6. With respect to the exercises of the third phase, by derogation from the provisions of § 4, the King may, on the proposal of the General Council, after the advice of the Insurance Committee and on the advice of the Board of the National Mutual Unions and Mutual Unions, refine the existing parameters and/or integrate new parameters into the calculation of the distribution key. »
Art. 15. In article 197 of the same law, inserted by the Royal Decree of 12 August 1994, a § 3bis is inserted, as follows:
§ 3bis. Expenditures that are part of the overall annual budget objective, but that are directly carried out by the Institute, without intervention by the insurers, are also neutralized in setting financial responsibility. »
Art. 16. Article 197, § 4, of the same law, inserted by the Royal Decree of 12 August 1994, is supplemented by the following paragraphs:
"The amount that corresponds to these 2% is, however, increased for the insurer organization for which the increase in the level of expenditures recorded in the year, compared to that of the previous year, is much higher than the increase in the level of expenditures of the year that corresponds to the benefits made during the year, accounted for in the year in question and during the first quarter of the following year, named below "level of expenditures for the year
This increase is made up of the level of expenditures recorded by this insurer, reduced by 102 per cent of its quotity of resources, and without prejudice to the application of the provisions of Article 197, § 3.
However, this increase is limited to the relative advantage over its quotity of resources of the previous year.
The General Council shall, after the advice of the Budget Control Board and the Accounting and Statistical Technical Commission, where appropriate, determine when the recorded level of expenditure of an insurer is much higher than the level of expenditure for benefits over five quarters recorded. »
Art. 17. It is inserted in Part IX of the Act, a chapter III, which reads as follows:
“Chapter III. - Recovery of dues.
Art. 206 bis. In the event of a failure of the debtor the Institute may charge the Administration of the value added tax, registration and domains, in accordance with Article 94 of the laws on State accounting, coordinated on 17 July 1991, of the recovery of the sums due. »
Art. 18. In section 217 of the Act, paragraph 1^er is completed as follows:
"The King also determines how the expenses that insurers pay in twelfths pursuant to the Hospitals Act, coordinated on August 7, 1987, are allocated for the closing of accounts and the application of the financial responsibility of insurers. »
Section 3. - Administrative arrangements
Art. 19. Section 138 of the Act, as amended by the Act of 20 December 1995, is replaced by the following provision:
"The insurer shall establish, on its own initiative or at the request of the Institute's control services, or at the request of the Institute's control services, by means of the data retained or processed electronically, lists that contain the information necessary for the complete identification of the benefits on a part taken into account, on the other hand reimbursed by the health care insurance.
After authentication by an agent of the insurance agency approved by the senior officer of the Administrative Control Service, these lists are held to the contrary, also in respect of third parties. »
Art. 20. Section 140, paragraph 6, of the Act is replaced by the following paragraph:
"The Committee shall deliberate effectively when, in addition to the Chair or Vice-Chair, at least half of the members referred to in paragraph 1^er, 2°, 3° and 4°, are present as well as half of the members referred to in paragraph 1^er, 5° to 21°, during the examination of questions that directly interest the group that presented them. To ensure that the quorum is reached, any member regularly summoned and absent without justification allowed by the meeting chair is counted among the participants. He is deemed to abstain in the vote of decisions. »
Art. 21. Article 141, § 1^erParagraph 1^er, 13°, b), of the same law, as amended by the law of 24 December 1999, is replaced by the following:
"(b) the publication of its decisions and the jurisprudence of the Restricted Chambers, Appeal Boards and the Supervisory Board. »
Art. 22. Article 145, § 2, of the same law, amended by the law of 28 December 1999, paragraphs 1^er to 2 are repealed.
Art. 23. Section 147 of the Act is supplemented by the following paragraph:
"The task of the inspector pharmacists is to verify the proper execution of the controls entrusted to the consulting physicians in relation to the reimbursement of pharmaceutical specialties and master preparations. »
Art. 24. Section 164, paragraph 3, of the Act, as amended by the Act of 24 December 1999, is supplemented as follows:
"They benefit from the privilege referred to in Article 19, 4, paragraph 1^erthe mortgage law of 16 December 1851. »
Art. 25. Article 185, § 2, paragraph 2, 2°, of the same law, replaced by the law of 12 August 2000, is supplemented as follows:
"Can apply to the employment of a social inspector-director to the lnstitut, social inspectors by promotion, and rank 13 staff by grade change. Depending on the case, they must have the rank seniority that was fixed by the King for promotion to rank 13 or for appointment by way of change of grade. »
Art. 26. Section 186 of the Act, as amended by the Act of 22 February 1998, is supplemented by the following paragraph:
"In the institutional framework of the Institute, the employment of administrative staff at levels 2 and 3 is considered to be equivalent to December 31, 2002 for the determination of recruitment authorizations at level 2. »
Section 4. - Recovery of unduly paid benefits
Art. 27. Article 19, 4°, paragraph 1^er the mortgage law of 16 December 1851, repealed by the law of 12 April 1965, is reinstated in the following wording:
"4° the claims of the National Institute of Disability Health Insurance and those of the insurers defined in section 2 of the Compulsory Health Care Insurance Act and Coordinated Benefits Act, July 14, 1994, for the benefits of unduly paid health care, insurance or maternity insurance. »
Art. 28. In the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, an article 173bis is inserted as follows:
"Art. 173bis. If the Medical Control Service or the Administrative Control Service, on its own initiative or after communication by an insurer, finds that a care provider, despite a written warning, bears unduly account of the benefits or takes them into account by third parties, the care provider is liable for a compensatory allowance, in accordance with the conditions and conditions to be determined by the King and without prejudice to the sanctions and recovery referred to in Part VII of the present Act.
This allowance is payable for faults that do not relate exclusively to non-compliance with instructions on the transmission of billing data on a magnetic basis, as decided by the Insurance Committee pursuant to the provisions of the Royal Decree of 24 December 1963 concerning the regulation of health benefits in respect of compulsory health care and allowances.
This allowance is 20% of the amount misrepresented for a first finding and 50% of the amount misrepresented in the event of a repetition over a two-year period.
The King determines the destination and method of accounting for the compensation received, as well as the amount paid to the insurer. »
Section 5. - Removal of the administrative cell
Minor workers
Art. 29. In section 2 of the Act, as amended by the Acts of 22 February 1998 and 24 December 1999, the following amendments are made:
1° littera f), is replaced by the following provision:
"(f) by "Special Services" the Health Care, Compensation, Medical Control and Administrative Control Services. »
2° littera r), is repealed.
Art. 30. Section 78 of the Act is replaced by the following provision:
"Art. 78. It is established within the Institute, a Service of Indemnities for the administration of Indemnity Insurance and the application of the provisions on disability pensions provided for in the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers. »
Art. 31. In section 78bis of the Act, inserted by the Act of 29 April 1996 and replaced by the Act of 22 February 1998, the following amendments are made:
1° § 1^er, replaced by the Act of 3 May 1999, is replaced by the following provision:
« § 1^er. The pension funds referred to in the Royal Decree of 20 November 1970 on special provisions for the social security of minor and assimilated workers are incorporated into the Compensation Service.
The King sets the rules for the operation and organization of the pension funds referred to in paragraph 1^er.
2° § 2, paragraph 5, and §§ 3 and 4, are repealed.
Art. 32. In section 80bis of the Act, inserted by the Act of 22 February 1998, the following amendments are made:
1° 3° is repealed;
2° to 4°, paragraph 2, the words "of the administrative cell" are replaced by the words "of the Compensation Service";
3° to 6°, the words "of the administrative cell" are replaced by the words "of the Compensation Service".
Art. 33. Article 177, paragraph 1^er, of the same Act, replaced by the Act of February 22, 1998, is replaced by the following paragraph:
"The staff of the Institute is headed by the Administrator General, assisted by the Deputy Director General. »
Art. 34. Article 182, § 1^erthe following amendments are made to the Act of 29 April 1996:
1 ° paragraph 1^er is replaced by the following paragraph:
"The Director General of the Compensation Service referred to in 177, paragraph 2, shall be responsible for the execution of decisions of the Management Committee of the Compensation Service and the Management Committee for Minor Workers, in accordance with the authorization granted to him under section 181, paragraph 7. »;
2° Paragraph 2 is replaced by the following paragraph:
"He attends the meetings of the Management Committee of the Compensation Service and the Management Committee for Minor Workers and serves as the secretariat. »
Art. 35. Are repealed in the same Act:
1st section 181, paragraph 8, inserted by the law of 22 February 1998;
2° Article 181bis, inserted by the law of 22 February 1998.
CHAPTER II. - Amendment of the Law of 22 January 1945 on Economic Regulation and Prices and the Programme Law of 22 December 1989
Art. 36. An article 2bis, as follows, is included in the Economic Regulation and Price Act of 22 January 1945:
"Art. 2bis. The Minister who has the Economic Affairs in his or her responsibilities can grant a delegation for decisions on drug pricing. »
Art. 37. In section 314 of the Act of 22 December 1989, amended by the Act of 22 December 1995, a paragraph 5 is inserted, as follows:
“§ 5. The Minister who has the Economic Affairs in his or her responsibilities may grant a delegation for the decisions referred to in the first paragraph of this article. »
CHAPTER III. - Amendment of the Act of 6 August 1990
on mutuality and national mutuality unions
Art. 38. Article 6, § 4, paragraph 3, of the Act of 6 August 1990 on mutualities and national mutuality unions, replaced by the Act of 12 August 2000, is replaced by the following paragraph:
"In the event of voluntary dissolution, articles 45, 46, 46bis, 48, § 2, and 48bis, § 4bis, are applicable. »
Art. 39. In section 15 of the Act, as amended by the Act of 12 August 2000, the following amendments are made:
1° to § 1^er, the 9° is completed as follows:
"and transactions related to the liquidation of the mutuality. »;
2° to § 2, the 8° is completed as follows:
"and operations related to the liquidation of the national union. »
Art. 40. In article 26, § 2, paragraph 3, of the same law, amended by the law of 12 August 2000, the words "Article 48, § 2," are replaced by the words "Article 48, § 1^er "
Art. 41. Section 31 of the Act is replaced by the following provision:
“Art. 31. Each national union must have an internal control and audit system that covers all of its activities, as well as those of its affiliates.
The King defines, on the proposal of the Board of the Board of Control, what must be heard by internal control and internal audit system.
The Board determines the conditions to be met by the internal control and audit system, as well as the measures to be put in place by national unions. »
Art. 42. In section 44 of the Act, as amended by the Acts of 22 February 1998 and 12 August 2000, the following amendments are made:
1° to § 1^er, 5°, the word « liquidation » is replaced by the word «merge »;
2° § 3 is replaced by the following provision:
“§3. Articles 45, 46, 46bis, 48, § 2, and 48bis, § 4bis, are not applicable to national unions and mutualities dissolved by fusion. »
Art. 43. Section 45 of the Act, as amended by the Act of 12 August 2000, is replaced by the following provision:
“Art. 45. § 1^er. National mutualities and unions can be dissolved by a decision of the General Assembly, specially convened for this purpose.
The provisions of articles 10, 11 and 12, § 1^er, paragraph 3, are applicable.
§ 2. The summons mentions:
1 the grounds for dissolution;
2° the most recent financial situation of mutuality or national union, arrested at a date not more than three months;
3° the reviewer's report on this situation. This report indicates, inter alia, whether the financial situation as presented is fully and faithfully established;
4° the conditions of liquidation;
5° the relative proposal(s) to the destination of potential residual assets. »
Art. 44. Section 46 of the Act is replaced by the following provision:
“Art. 46. § 1^er. The general assembly that decides on the dissolution of the mutuality or of the national union shall designate one or more liquidators, chosen from among the reviewers on the list prepared by the Supervisory Board, referred to in section 32, paragraph 1^er.
The identity of the designated reviewer(s) is communicated to the Supervisor.
When several liquidators are designated, they form a college.
The decision of the General Assembly or the Supervisory Board shall be transmitted by the liquidators within thirty calendar days to the Belgian Monitor for publication by extract, with reference to the identity of the liquidators.
The King determines the skills and obligations of liquidators, as well as the rules that must be applied in this matter.
§ 2. The costs of liquidation are borne by the mutuality or national union dissolved.
§ 3. The general assembly that decides on the dissolution of the mutuality or national union shall designate two commissioners, members of the general assembly having a deliberate vote.
These commissioners are responsible for controlling the documents prepared by the liquidators in accordance with § 1^erParagraph 4. They write a report on this.
If no commissioners are appointed, members of the General Assembly of the mutuality or the national union concerned have an individual right of control.
§ 4. The general assembly that decides on the dissolution of the mutuality or national union, decides on the destination to be given to potential residual assets, in accordance with its statutory purposes. »
Art. 45. An article 46bis, as follows, is inserted in the same law:
"Art. 46bis. The mutuality or national union is, after the dissolution, deemed to exist for its liquidation.
All evidence from a dissolved mutuality or a dissolved national union clearly mention that it is in liquidation.
Any change in the name or head office of a mutuality or national liquidation union is prohibited. »
Art. 46. Article 47, § 1^er, paragraph 2, of the same law, the words "articles 46 and 48" are replaced by the words "articles 46 and 48, § 2".
Art. 47. Section 48 of the Act is replaced by the following provision:
“Art. 48. § 1^er. In the event of termination of one or more services referred to in Article 3, paragraph 1^er, (b) and (c), or 7, paragraphs 2 and 4, the General Assembly of the mutuality or the national union decides on the allocation of the reserves funds of these services.
However, these reserve funds must be earmarked for the benefit of members whose entitlement to benefits was born before the end of those services.
The decisions of the General Assembly concerning the termination of services and the allocation of their reserve funds are subject to the application of Articles 10, 11 and 12, § 1^erParagraph 3.
§ 2. In the event of a dissolution of a mutuality or a national union, reserve funds are distributed among members whose entitlement to benefits was born before the date of dissolution.
If it appears from the liquidation accounts, after all the debts are due and the consignation of the sums due to certain creditors, that residual assets remain, they receive the destination decided in accordance with Article 46 § 4. »
Art. 48. In article 48bis of the same law, inserted by the law of 12 August 2000, a § 4bis is inserted, as follows:
§ 4bis. The action of creditors of a mutuality or national union dissolved, in respect of liquidators, is prescribed by two years from the publication of the closing of the liquidation to the Belgian Monitor. »
Art. 49. In section 60quater of the Act, inserted by the Act of 12 August 2000, the following paragraph shall be inserted between paragraphs 1^er and 2:
"In the absence of an administrative fine within the time limits set out in accordance with paragraph 1^er, the Administration of the cadastre, registration and domains shall, in accordance with Article 3 of the State Law of 22 December 1949, be responsible for the recovery of the administrative fine by means of constraint. "
PART III. - Social Affairs and Public Health
CHAPTER I^er. - Amendments to the Hospitals Act,
7 August 1987
Art. 50. Article 1^er of the Hospitals Act, coordinated on August 7, 1987, the words "by a public or private person" are replaced by the words "by a legal person of public or private law".
Art. 51. In section 2 of the Act, coordinated on August 7, 1987, the word "persons" is replaced by the word "patients".
Art. 52. Section 4 of the Act is replaced by the following provision:
“Art. 4. - For the purposes of this coordinated law, are considered as university hospitals, university hospital services, university hospital functions or university care programs, hospitals, hospital services, hospital functions or health care programs that, in view of their own function in the field of patient care, clinical education and applied scientific research, the development of new technologies and the evaluation of medical activities, meet the conditions established by the King and are designated as a whole as a whole.
Pursuant to paragraph 1^er, one hospital can be designated for each university that has a faculty of medicine offering a complete curriculum. »
Art. 53. In Article 5, paragraph 1^er, from the same law, the words "closed psychiatric institutions, medical-pedagogical institutions and" are deleted.
Art. 54. In section 8 of the Act, as amended by the Act of 29 December 1990, the following amendments are made:
1° 7° is replaced by the following provision:
"7° is to be heard by medical staff, all staff members who do not fall under one of the categories of professional practitioners referred to in the aforementioned Royal Decree No. 78 of 10 November 1967 and who assist the nursing staff to treat patients. »
2° the article is supplemented by an 8°, which reads as follows:
"8° must be heard by health aid: the caregiver referred to in article 21sexiesdecies of Royal Decree No. 78 of 10 November 1967 and attached to the hospital. »
Art. 55. Section 8bis of title 1^erChapter I^er, of the same law, inserted by the law of 25 January 1999 and cancelled by the Court of Arbitration Decision No. 108/2000 of 31 October 2000, is replaced by the following provision:
"Section 8bis. - Network and care circuit.
Art. 9ter. § 1^er. For the purposes of this Act, it shall be understood by:
1° network of care equipment: a set of care providers, caregivers, institutions and services that, with respect to organic legislation, do not fall within the competence of the authorities referred to in Articles 128, 130 or 135 of the Constitution and which jointly offer one or more care circuits within the framework of an intra- and extra-muros legal cooperation agreement, for a target group of patients to be defined by them and in a specific area
2° care circuit: the set of care programmes and other care facilities, which, with regard to organic legislation, do not fall within the competence of the authorities referred to in sections 128, 130 or 135 of the Constitution and are organized through a network of care equipment that can be covered by the target group or target subgroup referred to in 1°.
§ 2. The King may, after the advice of the National Hospital Establishments Council, Programming and Approval Section, designate the target groups for which care is provided by a network of care facilities. If applicable. It may designate categories of care providers that are in any case part of the network.
§ 3. The King may specify the rules for the application of §§ 1^er and 2 and to extend, in whole or in part, with the necessary modifications, the provisions of this Act to the networks referred to in § 1^ercare circuits that are part of it and the constituent elements of the care circuit. »
Art. 56. After section 9quinquies of the Act, a Section It is inserted, as follows:
“Section 11. - Reference centers.
Art. 9sexies. § 1^er. The King may, after the advice of the National Hospital Establishments Council, Programming and Approval Section, determine characteristics with a view to identifying reference centres among the services, sections, functions, medical and medical services and approved care programmes.
§ 2. The King may, after the advice of the National Hospital Establishments Council, Programming and Approval Section, extend, entirely or partially and with the necessary modifications, the application of the provisions of this Act to the reference centres referred to in § 1^er. »
Art. 57. Section 10 of the Act is replaced by the following provision:
“Art. 10. § 1^er. Each hospital has separate management.
§ 2. Hospitals are operated, in accordance with the conditions established by the King by a deliberate decree in the Council of Ministers, by a legal person whose sole statutory purpose is the operation of one or more hospitals or health care institutions or medical-social institutions.
The King may define health care facilities, referred to in the preceding paragraph, by a deliberate order in the Council of Ministers.
The King may, by order deliberately in the Council of Ministers, provide for exemptions to the provision referred to in paragraph 1^er.
§ 3. The King may, by a deliberate decree in the Council of Ministers, establish categories of legal persons who may exploit a hospital. »
Art. 58. In article 17bis, paragraph 1^er, 1°, of the same law, inserted by the law of 29 December 1990, the words "infirmary and nursing staff" are replaced by the words "hospital nurses, caregivers and nursing staff".
Art. 59. In section 27 of the Act, as amended by Royal Decree No. 60 of 22 July 1982, paragraphs 2 and 3 are repealed.
Art. 60. In Article 28, 1°, of the same Act, paragraphs 2 and 4, the words "of the Minister who has the Public Health in his or her powers, after a reasoned opinion from the Competent Hospital Planning Commission" are replaced by the words "of the authority referred to in Articles 128, 130 or 135 of the Constitution".
Art. 61. Section 32 of the Act is replaced by the following provision:
"For the purposes of sections 29, 30 and 31, the King may set rules relating to the number of unused beds, by type of hospital service, which may be considered to allow for an extension of the number of beds in another type of hospital service or in another hospital.
The King may also set rules on the number of additional beds that may be approved and put into service in the types of hospital services designated by him. »
Art. 62. In section 39 of the Act, the words "The intervention referred to in section 53" are replaced by the words "The intervention in the financing of the investment costs for heavy medical equipment referred to in section 46".
Art. 63. Section 40 of the Act is replaced by the following provision:
“Art. 40. Devices and equipment that, pursuant to section 38, are designated by the King as heavy medical equipment, cannot be installed or operated without the prior authorization of the authority referred to in sections 128, 130 or 135 of the Constitution. This authorization is required even when the initiator does not appeal to the intervention referred to in section 46 and even when the investment takes place outside a hospital or a medical-social institution. »
Art. 64. Section 40bis of the Act, inserted by the Act of 21 December 1994, is repealed.
Art. 65. Section 41 of the Act is replaced by the following provision:
"The King may specify, by device on the list of the heavy medical device referred to in section 38, rules concerning the maximum number of devices to be put into service and operated.
It may, without prejudice to paragraph 1^er, subject the authorization referred to in section 40 and the commissioning and operation to the programming criteria or to the maximum number determined by him.
It may set the date from which the operation of any heavy medical device is prohibited that is not part of the maximum number of devices referred to in paragraph 1^er or programming referred to in paragraph 2. »
Art. 66. In article 44, paragraph 1^erin the same Act, as amended by the Act of 30 March 1994, the words ", 53, 54 and 55" are replaced by the words " and 46".
Art. 67. Section 44ter of the Act, inserted by the Act of December 21, 1994, is supplemented by the words "or programming criteria".
Art. 68. Article 46 of the same law. the following modifications are made:
1° in paragraph 1^erthe words "State" are replaced by the words "the authority referred to in Articles 128, 130 or 135 of the Constitution";
2° the following paragraph is inserted between paragraph 1^er and paragraph 2:
"The authority referred to in paragraph 1^er may also be involved in financing the investment costs of heavy medical equipment. »
Art. 69. In article 46bis, paragraphs 1^er and 3, of the same Act, inserted by the Act of 30 December 1988 and amended by the Act of 22 December 1989, the words "competent with respect to public health policy under section 59bis and section 59ter" are replaced by the words "subject to sections 123, 130 or 135 of the Constitution".
Art. 70. In section 47 of the Act, the following amendments are made:
1° paragraph 2 is supplemented by the words "or non-exploitation or stop use of heavy medical equipment";
2° it is inserted a paragraph 3, which reads as follows:
"The allowance referred to in paragraph 2 cannot be awarded in the event that services have been created and/or operated without the required approval or if a heavy medical device has been installed and/or operated without the required authorization. »
Art. 71. In Title III, Chapter II, of the Act, Section 3, consisting of sections 48 to 67 as amended by the Act of 21 March 1991, is repealed.
Art. 72. Section 69 of the Act, as amended by the Acts of 30 December 1988 and 12 December 1994, is supplemented by the following provision:
« 4° For hospitals sites, as specified by the King."
Art. 73. In section 71, paragraph 1^erin the same Act, the words "the Minister who has Public Health in his or her powers, after the advice of the National Hospitals Council, Accreditation Section" are replaced by the words "the authority referred to in sections 128, 130 or 135 of the Constitution".
Art. 74. In section 72, paragraph 1^erin the same Act, the words "the Minister who has Public Health in his or her office or delegate" are replaced by the words "the authority referred to in sections 128, 130 or 135 of the Constitution".
Art. 75. In section 73 of the Act, the following amendments are made:
1° in subparagraphs 1^er and 2 the words "after the advice of the National Board of Hospital Institutions, Accreditation Section" are deleted;
2° in paragraph 2, the words "the Minister who has public health in his duties" are replaced by the words "the authority referred to in sections 128, 130 or 135 of the Constitution. "
Art. 76. In section 74 of the Act, the following amendments are made:
1° to paragraph 1^erthe words "The Minister who has Public Health in his or her powers may, after the advice of the National Hospital Establishments Council, Accreditation Section," be replaced by the words "The authority referred to in sections 128, 130 or 135 of the Constitution may,"
2° Paragraph 3 is repealed.
Art. 77. Article 75 of the same law. the following modifications are made:
1° to paragraph 1^erthe words "the Minister who has Public Health in his or her powers" are replaced by the words "the authority referred to in sections 128, 130 or 135 of the Constitution";
2° Paragraph 2 is repealed.
Art. 78. In the title lll, chapter lIl, of the same law, is inserted after section 75, a section 5bis reading:
"Section 5bis. - Common provision relating to accreditation, withdrawal of approval and closure.
Art. 75bis. Decisions relating to accreditation, withdrawal of approval and closure, referred to in sections 72, 73 and 74, which, pursuant to section 5, § 2, of the special law of 8 August 1980 of institutional reforms, are communicated to the Minister who has Public Health in his or her powers, are notified by the Minister to the National Disability Insurance Act.
The notification referred to in paragraph 1^er also applies to any decision to grant or withdraw the authorization referred to in section 41. »
Art. 79. Section 76ter of the Act, inserted by the Act of 21 December 1994, is repealed.
Art. 80. In Chapter V of Title III of the Act, the titles of the various sections and subsections are deleted.
Art. 81. Section 87 of the Act, as amended by the Act of 30 March 1994, is replaced by the following provision:
"Art.87. The financial resources budget is set for each separate hospital by the Minister who has Public Health in his or her responsibilities, within the limits of a global budget for the Kingdom, set by royal decree deliberated in the Council of Ministers.
The financial resources budget referred to in paragraph 1^er, is composed of a fixed part and a variable part. »
Art. 82. In section 88 of the Act, as amended by the Act of 30 December 1988, the following amendments are made:
1° in paragraph 1^erthe words "sections or functions" are replaced by the words "sections, functions or care programs";
2° in paragraph 1^er, the words "fixing a separate day price, based on a budget of financial means and a quota of separate hospital days" are replaced by the words "securing a separate budget of financial means";
3° in paragraph 2, the words "the Minister who has public health in his duties" are replaced by the words "the King";
4° paragraph 2 is supplemented by the following provision: "In particular, it determines which sections of this chapter are applicable in whole or in part to the separate budgets referred to in paragraph 1^er, and this through the modifications that he deems necessary. »
Art. 83. Section 89 of the Act is repealed.
Art. 84. Section 90 of the Act, as amended by the Act of 22 February 1998, is replaced by the following provision:
"Art. 90. § 1^er. For the individual room or room stay of two patients, including day hospitalization, a surcharge beyond the budget of the financial means may be charged to the patient who has required such a room provided that at least half of the number of beds in the hospital can be made available to patients who wish to be admitted without supplements.
The number of beds available referred to in paragraph 1^er, must include a sufficient number of beds for children accompanied by a parent during the stay in the hospital.
The King fixes the maximum amount of the supplement referred to in paragraph 1^er, which can be charged for the stay in a single room and in a room of two patients, after a parity consultation of health insurance organizations and organizations representing hospital managers.
§ 2. For individual room stay, including day hospitalization, no supplement referred to in paragraph 1^er cannot be charged in the following cases:
(a) where the patient's state of health or the technical conditions of the examination, treatment or supervision require the individual room stay;
(b) where the necessities of service or the non-availability of unoccupied beds in a room of two patients or in a common room require the stay in a single room;
(c) when the admission occurs in an intensive care or urgent care unit, regardless of the patient's will and the duration of the stay in such a unit.
The stay in the room of two patients may not result in any supplement when the stay is required because of the non-availability of unoccupied beds in common rooms, as well as in the cases referred to in paragraph 1^er, c).
§ 3. For the application of §§ 1^er and 2, day hospitalization can be specified by the King. »
Art. 85. Section 91 of the Act is replaced by the following provision:
"Art. 91. The King may specify rules with respect to:
(a) the nature of the patient ' s dependants ' amounts, which must be communicated to the patient in advance, such as the supplements referred to in articles 90 and 138;
(b) how the amounts referred to in (a) must be communicated to the patient;
(c) the presentation to the patient of a document indicating the amounts referred to in (a).
With respect to patients admitted to day hospitalization, the preceding paragraph is only applicable, with respect to the supplements referred to in Article 138, for the benefits defined by the King pursuant to Article 138, § 1^erParagraph 3. »
Art. 86. Section 92 of the Act is replaced by the following provision:
"Art. 92. The King shall determine the terms and conditions under which the amounts referred to in articles 90, 104 bis and 104ter shall be communicated to the public. »
Art. 87. Section 93 of the Act is repealed.
Art. 88. In section 94 of the Act, as amended by the Acts of 26 June 1992 and 30 March 1994, the following amendments are made:
1° Paragraph 1^er is replaced by the following provision:
"Without prejudice to section 90, the budget of the financial means covers in a lump-sum manner the costs resulting from the stay in a common room and the dispensation of care to hospital patients, including day hospital patients as defined by the King. »
2° Paragraph 2 is replaced by the following provision:
"The King defines the costs referred to in paragraph 1^er. »
Art. 89. In section 95 of the Act, amended by the Act of 22 December 1989, the words "financial means" are inserted between the words "budget" and the words "hospital".
Art. 90. Section 97 of the Act is replaced by the following provision:
"Art.97. § 1^er. The King shall determine, after the advice of the National Hospital Establishments Council, Financing Section, the conditions and rules for setting the budget and its constituent elements.
It determines, inter alia:
(a) the budget allocation period;
(b) the splitting of the budget into a fixed part and a variable part;
(c) the criteria and methods of calculation, including the setting of justified activities and indexing modalities;
(d) in respect of the variable part, the compensation of activities in relation to a reference number that are carried out in addition or that are not carried out;
(e) fixing the reference number referred to in point (d) for the activity parameters considered;
(f) the conditions and modalities for reviewing certain elements;
(g) counting on the basis of previous years. as referred to in section 104quater.
For the purposes of paragraph 2, the King shall designate the provisions applicable to psychiatric sections of general hospitals and psychiatric hospitals. It sets specific rules for these services and facilities.
The execution of the provisions referred to in the preceding paragraphs may be different depending on the category of the hospital or parts of a hospital.
The King may compare the costs of hospitals in order to apply the same financing conditions to hospitals whose mission and activities are similar and which work under similar conditions.
§ 2. Following the advice of the National Board of Hospital Institutions, Finance Section, the King may determine the conditions and rules under which activities may be taken into account in the coverage of fees induced by compliance, taking into account specific situations that may influence these activities and which justify a derogatory regime under the conditions and rules thus established.
§ 3. The King may, after notice of the Concertation Structure referred to in Chapter Xll of the Act of 29 April 1996 containing social provisions and within the framework of the setting of the financial resources budget, determine the terms and conditions for the evaluation of hospital activities, with a view to determining the activities of the hospital that may be considered "justified". »
Art. 91. In section 97bis of the Act, inserted by the Act of 30 December 1988, the words "hospital budget" are replaced by the words "financial budget".
Art. 92. In the same Act, an article 97ter is inserted, which reads as follows:
"Art. 97ter. The King may provide for specific funding modalities to allow, on an experimental basis and for a limited period of time, forward-looking funding of care circuits and networks, focused on programs. »
Art. 93. In section 98 of the Act, the following amendments are made:
1° the words "of a budget, a quota of hospital days and a price per day of hospitalization for a hospital or one or more hospital services" are replaced by the words "a budget of the financial means of a hospital, hospital service, a hospital function or a care program";
2° the words "Administration of care facilities" are replaced by the words "Administration of health care".
Art. 94. Section 99, paragraph 1^erthe same law shall be replaced by the following provision:
"A specific amount may be provided in the financial resources budget to improve the operation of the hospital when it is accompanied by a decision of the manager resulting in a real decrease in the budget, as part of a restructuring of the institution or a merger, association, grouping or collaboration with one or more hospitals. »
Art. 95. The following amendments are made to section 100 of the Act:
"1° to paragraph 1^er, the words "in the framework of the disability insurance legislation, either of the Belgian National Railway Corporation or" are replaced by the words "as referred to in the coordinated law of 14 July 1994 on compulsory health care and allowances, either of the Overseas Social Security Office or of the Auxiliary Fund and foreseeance for sailors";
2° to paragraph 2, the words "Article 25, § 6, of the Law of 9 August 1963 establishing and organizing a compulsory insurance scheme against illness and disability" are replaced by the words "Article 37, § 7, of the coordinated law referred to above" and the words "of the National Society of Belgian Railways or" are replaced by "the Office of Social Security of Overseeing the
3° in paragraphs 1st and 2, the words "price per day of hospitalization" and "price of the day of hospitalization" are each replaced by the words "financial resources budget";
4° the article is supplemented by the following paragraph:
"The proportion set out in paragraphs 1^er and 2 applies both to the portion of the financial resources budget liquidated in twelfths, as referred to in section 104 bis, paragraph 1^er, that in the portion of the budget of the financial means paid on the basis of an activity parameter, as referred to in section 104bis, paragraph 2, and to the part referred to in section 104ter which serves as the basis for setting a price per parameter. »
Art. 96. In section 101 of the Act, the words "hospitalization day prices" are replaced by the words "financial resources budget as referred to in section 87".
Art. 97. The following amendments are made to section 102 of the Act:
1° the current text of the article will now form § 1^er;
2° paragraph 1^er is replaced by the following provision:
"The State may grant a supplementary grant to cover specific costs related to specific tasks performed by a university hospital, a university hospital service, a university hospital function or a university care program, including in the field of patient care, clinical education, applied scientific research, the development of new technologies and the evaluation of medical activities. »;
3° in paragraph 2, the words "fixing and granting" are replaced by the words "fixing, granting and payment";
4° in paragraph 3, the words "prices referred to in section 87" are replaced by the words "financial means budget";
5° in paragraph 3, the words ", functions or care programs" are inserted between the word "services" and the word "university";
6° the article is supplemented by a § 2, which reads as follows:
Ҥ2. The State may grant a supplementary grant to cover specific costs generated by the hospital with a very low socio-economic patient profile.
The King sets out the rules and conditions under which this supplementary subsidy is fixed, granted and liquidated.
The provisions of sections 100 and 101 shall apply to the financial resources budget referred to in section 87, after deduction of the supplementary subsidy referred to in this paragraph. »
Art. 98. In section 103 of the Act, the following amendments are made:
1° the words "in sections 100 and 102" are replaced by the words "in section 100";
2° the words "laws in disability insurance" are replaced by the words "the coordinated law of 14 July 1994 on compulsory health care insurance and compensation or its enforcement orders".
Art. 99. In section 104, paragraph 2, of the same Act, the words "prepared advances calculated flatly based on the total number of days of stay as they appear from regularly reported statistics" are deleted.
Art. 100. An article 104bis, as follows, is inserted in the same law:
"Art. 104bis. For patients who fall under one of the insurers covered by the Coordinated Act of 14 July 1994 on compulsory health care and allowances, a portion of the budget, as determined by the King, is liquidated in twelfths by insurers. This liquidation by insurers is carried out in proportion to their respective share in the total expenses for hospital in the last known fiscal year.
The remaining portion of the budget referred to in paragraph 1^er, is liquidated by the insurers referred to in paragraph 1^er according to one or more parameters of activity to be defined by the King.
The King may set additional relative rules or method of payment referred to in paragraph 2, particularly with respect to the reference number of activities that are considered for the calculation of the amount to be liquidated by parameter.
Notwithstanding any stipulation otherwise, the price that may be charged is the price that is fixed by the King, in accordance with the provisions of the preceding paragraph.
The King may establish specific rules and procedures for the liquidation referred to in paragraphs 1^er, and 2. »
Art. 101. An article 104ter, as follows, is inserted in the same law:
"Art. 104ter. For patients who do not report to an insurer, as referred to in section 104bis, paragraph 1^er, the King may set a price per activity parameter according to the conditions and rules determined by Him.
Notwithstanding any stipulation to the contrary, the price that may be charged is the price that is fixed by the King, in accordance with the provisions of the preceding paragraph. »
Art. 102. In the same Act, an article 104quater is inserted, which reads as follows:
"Art. 104quater. § 1^er. In the event that, at the end of the period for which the financial resources budget is fixed, there is, at the national level, a difference between the budget referred to in section 87 and expenditures, excluding the expenditures referred to in section 104ter, this difference is in a subsequent period determined by the King, imputed totally or partially on the budget of the financial means of each hospital separately.
The King may determine more specific rules and conditions for determining the difference referred to in paragraph 1^er and for imputation referred to in paragraph 1^erin particular with regard to the fixation of the total or partial character.
The imputation referred to in paragraph 1^er, may be carried out by group of hospitals, according to the rules and conditions fixed by the King.
The King shall determine each year the difference referred to in paragraph 1^er and determine the respective share of each insurer, as referred to in section 104bis, in that difference.
§ 2. At the end of the period for which the financial resources budget is set, the twelfths liquidated by insurers on the basis of section 104bis, paragraph 1^er, are adapted between insurers by mutual imputation on the basis of the effective share of each insurer in the period in question.
The King may determine more specific rules and procedures with respect to imputation referred to in paragraph 1^er. »
Art. 103. Section 107 of the Act is replaced by the following provision:
"Art. 107. § 1^er. The application of Articles 87 to 97 and 99 to 104ter may, in accordance with the rules laid down by the King, be subordinated in whole or in part:
(a) communications to be made in accordance with section 86 of this Act and section 156 of the Act of 29 April 1996 on social provisions and the accuracy and completeness of the data referred to;
(b) obtaining an approval referred to in sections 44, 68 and 69, an authorization referred to in section 26 or an authorization referred to in sections 40 and 43;
(c) compliance with the rules determining the maximum number or scheduled number of heavy medical devices, medico-technical services, functions or care programmes referred to in articles 31, 32, 41, 44ter and 76quater;
(d) a medical record in accordance with the provisions of Article 15 and its enforcement orders.
§ 2. The King may, after notice of the Concertation Structure referred to in the above-mentioned Act of 29 April 1996, determine the rules according to which the accuracy and completeness of the data referred to in § 1^er(a) may be verified and recognized. »
Art. 104. Section 107bis of the Act, inserted by the Act of 30 April 1988, is repealed.
Art. 105. Section 109 of the Act, as amended by the Acts of 30 December 1988 and 9 December 1994, is replaced by the following provision:
"Art. 109. The possible deficits in the hospital management accounts, respectively public social assistance centres, associations referred to in Article 118 of the Act of 8 July 1976 organic of public social assistance centres and intercommunal associations, including one or more public social or common welfare centres, are covered as follows:
1° for fixing deficits, all revenues and expenses are taken into account, except for the resulting deficits:
(a) activities not covered by the hospital;
(b) activities not taken into account in setting the financial resources budget.
The King determines, for the determination of deficits, the extent to which it is taken into account the expenses resulting from non-compliance with the rules and limits set for the various elements of the financial resources budget.
The Minister who has public health in his or her responsibilities determines each year the amount of these deficits according to the rules established by the King;
2° Pending all revenues and expenses to be known, the Minister who has Public Health in his or her responsibilities may, on an interim basis, set the deficit to 80% of the current loss in the results account of the year in question by deducting from this current loss the provisions for risks and expenses mentioned in the results account that are taken into consideration in determining the current loss;
3° the deficit is borne by the municipality whose public welfare center manages hospital. In the event that the hospital is operated by an association referred to in section 118 of the aforementioned organic law of 8 July 1976 or by an intercommunal association, the deficit is borne by the local administrations that make up the association, prorated on their own part in the association;
4° the Minister who has public health in his or her duties may delegate, in whole or in part, the competencies referred to in point 1° to an official of the Ministry of Social Affairs, Public Health and the Environment. »
Art. 106. Are repealed in the same Act:
1st Article 111;
2° Article 112;
Article 113, amended by the Act of 30 December 1988;
4° Article 114, amended by the law of 30 December 1988.
Art. 107. In Article 115, § 1^erin the same Act, as amended by the Act of 29 April 1996, the words "public servants or agents" are replaced by the words "public servants or servants".
Art. 108. In section 116 of the Act, as amended by the Act of 30 March 1994, the following amendments are made:
1° the 3° is replaced by the following:
"3° who, in violation of Article 90, invoices for supplements or invoices a price other than the price per parameter, which, pursuant to Articles 104bis and 104ter, is fixed by the Minister who has the Public Health in his powers; »
2° the 4° is replaced by the following:
"4° he who, in violation of section 91, does not communicate to the patients or fails to submit to their signature the amounts to their charge, in accordance with the rules determined by the King or which, in violation of section 92, does not bring to the public the amounts referred to in sections 90, 104bis and 104ter in accordance with the terms established by the King; »
3° 8° is replaced by the following provision:
"8° who, in violation of sections 40 or 41, puts in service and/or operates a heavy medical device, either without the necessary authorization or who does not fall within the scope of the programming or exceeds the maximum number of devices; »
4° the article is supplemented by an 11°, which reads as follows:
"11° the one who. in violation of Article 15, § 1^er, or 17quater, § 1^erfails to establish and/or maintain a medical or nursing record for each patient in accordance with the relevant provisions of this Act or its enforcement orders. »
Art. 109. Section 138 of the Act, as amended by the Act of 22 February 1998, is replaced by the following provision:
"Art. 138. § 1^er. In the event that an agreement as referred to in section 50 of the Act of 14 July 1994 relating to compulsory health care and allowances is in force, hospital physicians are required to apply the rates of the agreement to patients admitted to rooms of two patients or in common rooms.
Patients admitted to two patients' rooms or in common rooms, those who meet one of the conditions referred to in Article 90, § 2.
Paragraphs 1^er and 2 are also applicable to patients in day hospitalization, admitted to two patients' rooms or in common rooms, for services defined by the King.
§ 2. In the case provided in § 1^er, hospital doctors who have not joined the agreement within the meaning of § 1^erinforms the manager who informs the Medical Council and insurance organizations.
Physicians referred to in paragraph 1^ermay, without prejudice to § 5, paragraph 1^erapply, in respect of patients referred to in § 1^erParagraphs 1^er and 2, rates deviating from the rates of the agreement, to the extent that maximum rates are set by the general regulation referred to in section 130 and are met by the physicians concerned. This element of the general regulation must, prior to its application, be communicated by the manager to the Joint Hospital Medical Board and, through the National Institute of Health and Disability Insurance, to the insurers.
Paragraph 2 is also applicable to patients in day hospitalization, for the services defined by the King.
§ 3. The manager and the Medical Council are responsible for ensuring that all patients referred to in § 1^er may be treated at the rates of the agreement. The manager, after consultation with the Medical Council, takes the necessary initiatives to that end and informs the Medical Council.
The King may establish terms and conditions for the application of paragraph 1^er.
§ 4. If an agreement as referred to in Article 50 of the aforementioned Law of 14 July 1994 is not in force, doctors may apply, without prejudice to § 5, paragraph 2, in respect of patients referred to in § 1^erParagraphs 1^er and 2, rates that deviate from the rates that serve as the basis for calculating the intervention of the insurance, to the extent that, in accordance with the rules set out in paragraph 2, the maximum rates have been fixed and are met by the doctors. This element of the general regulation must, prior to its application, be communicated by the manager to the Joint Hospital Medical Board and, through the National Institute of Health and Disability Insurance, to the insurers.
Paragraph 1^er is also applied to patients in day hospitalization, for services defined by the King.
§ 5. The King defines the categories of patients in respect of which the doctors referred to in § 2 cannot apply tariffs that deviate from the rates of the agreement.
For patients referred to in paragraph 1^er, if there is no agreement as referred to in § 4, the rates that are used as a basis for calculating the intervention of the insurance are the maximum rates that may be applied by doctors. »
Art. 110. Section 139, second sentence, of the Act, added by the Act of 22 December 1989, is repealed.
Art. 111. In section 139bis of the same law, inserted by the Royal Decree of 16 April 1997, the words "the price of the day of hospitalization" are replaced by the words "the budget of the financial means".
Art. 112. In section 140 of the Act, as amended by the Acts of 26 June 1992 and 6 August 1993, the following amendments are made:
1° in §§ 1^er, 3° and 3, the words "prices of the day of hospitalization" are replaced by the word "budget";
2° the article is supplemented by a § 5, which reads as follows:
“§ 5. The agreement between the manager and the Medical Council as referred to in paragraphs 3 and 4 is binding on the hospital physicians concerned, notwithstanding any stipulation contrary to the conventions or individual appointments referred to in article 131. »
Art. 113. The King may, by order deliberately in the Council of Ministers, coordinate the provisions of the above-mentioned law with, on the one hand, the provisions of the law which have, expressly or implicitly, amended it at the time of coordination, including this Act, and on the other hand, with section 5 of the Act of 27 June 1978 amending the legislation on hospitals and relating to certain other forms of dispensation of care.
To this end, it can:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to bringing them into line with the new numbering;
3° amend the drafting of the provisions to be coordinated, with a view to ensuring their consistency and unifying the terminology, without prejudice to the principles set out in these provisions;
4° adapt the title of the coordinated law;
5° to incorporate Article 5 of the above-mentioned Act of 27 June 1978 into the above-mentioned coordinated law.
Art. 114. As long as the rates referred to in Article 138, § 2, paragraph 2, of the above-mentioned coordinated law, cannot be applied because they have not yet been fixed in accordance with the rules referred to in Article 138, § 2, paragraph 2, may only be charged the supplements which, at the date of entry into force of this Act, have been communicated to patients under the Royal Order of 3 October 1991 specifying the rules relating to the communication,
Art. 115. Notwithstanding any provision to the contrary, public hospitals are only subject to the application of the Act of 24 December 1993 on public procurement and certain contracts of work, supplies and services, including its subsequent amendments. provided that this application is mandatory because of the competition provided for in the European Union or as long as this obligation applies to all hospitals, regardless of their legal form.
CHAPTER II. - Amendment of the Act of 16 March 1954 on the Control of Certain Public Interest Organizations
Art. 116. In Article 1^er, A, of the Act of March 16, 1954 on the Control of Certain Public Interest Organizations, the mention of "Funds for the Construction of Hospital and Medical-Social Institutions" is deleted.
PART IV. - Public health
CHAPTER 1^er. - Amendments to the Act of 8 July 1964
on emergency medical assistance
Art. 117. An article 3bis is included in the Act of 8 July 1964 on emergency medical assistance, which reads as follows:
"Art. 3bis. § 1^er. From a date to be determined by the King, it may only be appealed to ambulance services authorized by the Minister who has Public Health in his or her powers for the purposes of this Act.
The King sets out the standards to which the services referred to in paragraph 1^er must respond to be and remain approved under the program referred to in § 2. The standards are set out on the proposal of the Minister who has Public Health in his or her powers, after consultation with the Minister of the Interior.
The licence referred to in paragraph 1^er may be withdrawn at any time if the ambulance service fails to comply with the provisions of this Act or the standards referred to in paragraph 2.
The King may set rules with respect to the fixing of the accreditation procedure and the withdrawal of the approval.
§ 2. The King sets out, by order deliberately in the Council of Ministers, the criteria for the programming of the number of ambulance services given the urgent medical assistance needs.
§ 3. Accreditation standards and programming criteria referred to in §§ 1^er and 2, inter alia, concern vehicles used by ambulance services for the execution of this Act, as well as the number of places of departure.
§ 4. The King may, by order deliberately in the Council of Ministers, in the event that the number of services, ambulances or places of departure meeting the standards of accreditation would exceed the number prescribed by the program referred to in § 2, subject the approval to a priority order in accordance with the criteria established by him.
§ 5. From the date referred to in § 1^erParagraph 1^erall concession agreements referred to in Article 5, paragraph 1^er of this Act, as well as all the conventions between the State and private persons referred to in Article 5, paragraph 3, as this article was applicable before the coming into force of the law of 14 January 2002, are repealed ex officio. »
Art. 118. In section 5 of the Act, as amended by the Act of 22 February 1998, the following amendments are made:
1° to paragraph 1^erthe words "an ambulance service organized or concededed by public authorities" are replaced by the words "an authorized ambulance service";
2° Paragraph 3 is repealed.
Art. 119. In article 6bis, § 3, of the same law, inserted by the law of February 22, 1994, the words "accredited or concededed aid service" are replaced by the words "accredited ambulance service".
Art. 120. In the same Act, an article 10 bis reads as follows:
"Art. 10bis. § 1^er. Without prejudice to the competence of judicial police officers, the hygiene inspectors of the Ministry of Social Affairs, Public Health and the Environment shall exercise supervision over the application of the provisions of this Act and its enforcement orders.
For the purpose of carrying out this monitoring, hygiene inspectors have access at any time to hospitals, emergency mobile services vehicles, emergency medical assistance call centres, ambulance services and their vehicles, as well as to the training centres for ambulance workers. They may be provided with all information necessary for the exercise of the surveillance referred to in paragraph 1^er, and be provided with all the electronic documents or materials they need within the framework of their monitoring mission.
§ 2. The inspectors referred to in § 1^er, note the offences by minutes that have probative force to prove otherwise. A copy of these minutes is transmitted to offenders within seven days of the offence's finding. At the same time, a copy of this report is forwarded to the Minister of the Interior. »
Art. 121. Section 11 of the Act, as amended by the Act of 22 February 1994, is supplemented by paragraphs 3 and 4, as follows:
"Every person who refuses access, information or electronic documents or materials, as referred to in Article 10bis, shall be punished by the same penalties.^erParagraph 2.
Any owner and/or driver of a vehicle who uses the external characteristics of the ambulance service vehicles or emergency mobile services as set out in accordance with this Act and/or priority signs shall be punished without the approval of the ambulance service, as referred to in section 3bis, or without the application of the emergency mobile service, in accordance with this Act, incorporated in the medical assistance »
CHAPTER II. - Amendments to the Royal Decree of September 28, 1999
on the financing of the Institute of Veterinary Expertise
Section 1^re. - Financing
Art. 122. In Articles 2, § 4 and 3, § 4, of the Royal Decree of 28 September 1999 on the financing of the Institute of Veterinary Expertise, as amended by the Act of 12 August 2000, the words "do not present a valid identification document" are replaced by the words "present to the expert an animal or a group of animals whose identification is not valid".
Art. 123. In the French text of article 9, paragraph 2, of the same order, in the last paragraph, inserted by the law of 12 August 2000, the words "of the operator of the establishment" are replaced by the words "of an operator".
Art. 124. In Chapter IV of the Schedule to the Order, remanded by the Act of 12 August 2000, the following amendments are made:
(a) in the first, second and third table, the words "Van/de" are replaced each time by the words "Hoger dan/superer à";
(b) in the first table, first column. Third line, the reference "300" is replaced by the reference "3,000";
(c) in the first table, first column, last row, the reference "1 0000" is inserted;
(d) in the first table, second column, last row, the reference "1 0000" is deleted;
(e) in the second table, first column, last row, the reference "5,000" is inserted.
(f) in the second table, second column, last row, the reference "5,000" is deleted;
(g) in the third table, first column, last row, the reference "2,500" is inserted;
(h) in the third table, second column, last row, the reference "2,500" is deleted.
Art. 125. In Chapter V of the Schedule to the Order, the first line is replaced by the following lines:
For the consultation of the table, see image
Section 2. - Staff
Art. 126. Confirmed, appointments from 1^er April 1997 to the rank of inspector-expert at the Institute of Veterinary Expertise, carried out under the Royal Decrees of 24 March 1997.
However, this provision is not applicable to persons whose appointment has been the subject of a cancellation appeal to the Council of State and has been cancelled.
PART V. - Entry into force
Art. 127. This Act comes into force on the day of its publication to the Belgian Monitor, with the exception of:
- articles 29 to 35 inclusive that produce their effects on 1^er June 2001;
- of Article 57, which comes into force on a date fixed by the King by deliberate decree in the Council of Ministers;
Articles 81 to 104, 108, 109, 110, 118 and 119, which come into force on a date fixed by the King;
- Article 122, which comes into force on the first day of the month following the one in which this Act has been published in the Belgian Monitor;
- Articles 123 to 125, which produce their effects on 10 January 1999.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 14 January 2002.
ALBERT
By the King:
The Minister of Public Health,
Mrs. AELVOET
Minister of Social Affairs,
F. VANDENBROUCKE
The Minister of the Interior,
A. DUQUESNE
Minister of Economy,
Ch. PICQUE
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2000-2001.
House of Representatives:
Session 2000-2001.
Documents - No. 1. Bill.
Session 2001-2002.
No. 2-5. Amendments - No. 6. Report - No. 7. Text adopted by the committees convened - No. 8. Text adopted in plenary and transmitted to the Senate.
Full report: 28-29 November 2001.
Senate:
Session 2001-2002.
Documents - No. 1. Project transmitted by the House of Representatives - No. 2. Amendments - No. 3. Report - No. 4. Decision not to amend.
Annales of the Senate: December 13, 2001.