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Decree No. 5974, Of 29 November 2006

Original Language Title: Decreto nº 5.974, de 29 de Novembro de 2006

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DECREE NO. 5,974 OF November 29, 2006.

Approves the Regimental Structure and the Demonstrative Frame of the Cargos in Commission and Gratified Functions of the Ministry of the Health, and gives other arrangements.

THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the job title of President of the Republic, using the assignments that gives him the art. 84, incisments IV and VI, paragraph (a?) of the Constitution, and with a view to the provisions of the Act No 10,683 of May 28, 2003,

DECRETA:

Art. 1st Ficam approved the Regimental Structure and the Demonstrstrative Framework of the Cargos in Commission and Gratified Functions of the Ministry of Health in the form of Annexes I and II to this Decree.

Art. 2nd The apostilaments arising from the approval of the Regimental Structure of which treats the art. 1st shall occur within twenty days, counted from the date of publication of this Decree.

Single paragraph. After the apostilaments provided for in the caput, the Minister of State for Health shall publish, in the Official Journal of the Union, within thirty days, counted from the date of publication of this Decree, nominal relation of the holders of the posts in committee of the Group-Direction and Superiors Superiors-DAS referred to in Annex II, indicating, including, the number of vacant positions, their denomination and their level.

Art. 3rd The internal regiments of the organs of the Ministry of Health will be approved by the Minister of State and published in the Official Journal of the Union.

Art. 4th This Decree comes into effect on the date of its publication.

Art. 5th It is revoked the Decree no 5,841, of July 13, 2006.

Brasilia, November 29, 2006; 185th of Independence and 118th of the Republic.

JOSÉ ALENCAR GOMES DA SILVA

Paulo Bernardo Silva

Jose Agenor Álvares da Silva

This text does not replace the one published in the DOU of 11/30/2006

ANNEX I

REGIMENTAL STRUCTURE OF THE MINISTRY OF HEALTH

CHAPTER I

DA NATURE AND COMPETENCE

Art. 1st The Ministry of Health, the body of direct administration, has as an area of competence the following subjects:

I-national health policy;

II-coordination and surveillance of the Single Health System-SUS;

III-environmental health and actions of promotion, protection and recovery of individual and collective health, including that of workers and the Indians;

IV-health information;

V-insum critical for health;

VI-preventive action in general, surveillance and sanitary control of borders and of seaports, fluvial and air;

VII-health surveillance, especially as to drugs, medications and food; and

VIII-scientific and technological research in the health area.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2nd The Ministry of Health has the following organizational structure:

I-organs of direct and immediate assistance to the Minister of State:

a) Cabinet;

b) Secretariat-Executive:

1. Sub-secretive of Administrative Affairs;

2. Planning and Budget Undersecretion;

3. Department of Informatics of SUS-DATASUS;

4. Director-Executive Director of the National Health Fund;

5. Department of Support for Decentralization; and

6. Decentralized Units: State Cores;

c) Legal Consultancy;

II-specific organ-specific organs:

a) Secretaria of Attention to Health:

1. Department of Basic Attention;

2. Attention Department Specialized;

3. Department of Strategic Programmatic Actions;

4. Department of Regulation, Assessment and Control of Systems;

5. Department of Hospitalar Management in the State of Rio de Janeiro; and

6. National Cancer Institute;

b) Secretariat of Labour Management and Education in the Health:

1. Department of Management of Education in Health; and

2. Department of Management and Regulatory Work in Health;

c) Office of Science, Technology and Strategic Insumes:

1. Department of Pharmaceutical Assistance and Strategic Insumos;

2. Department of Science and Technology; and

3. Department of Health Economics;

d) Secretary of Strategic Management and Participatory:

1. Department of Support for Participatory Management;

2. Department of Monitoring and Evaluation of SUS Management;

3. Ouvidoria-General's Department of SUS; and

4. National Department of Audit of SUS;

e) Registry of Surveillance in Health:

1. Department of Epidemiological Surveillance; and

2. Department of Health Situation Analysis;

III-collegiated bodies:

a) National Board of Health; and

b) Supplemental Health Council;

IV-linked entities:

a) authorities:

1. National Health Surveillance Agency; and

2. National Agency for Supplementary Health;

b) public foundations:

1. National Health Foundation; and

2. Oswaldo Cruz Foundation;

c) mixed economy societies:

1. Hospital Our Lady of Conception S.A.;

2. Hospital Fêmina S.A.; and

3. Christ hospital Redentor S.A.; and

d) public company: Brazilian Company of Hemoderivatives and Biotechnology.

Single paragraph. The National Cancer Institute, an integral unit of the Registry of Attention to Health, is bound, technically and administratively, to the Minister of State for Health.

CHAPTER III

DAS COMPETENCIES OF THE ORGANS

Section I

Of The organs of Direct Assistance and Immediate to the Minister of State

Art. 3rd To the Cabinet competes:

I-attend the Minister of State in his political representation and social, occupy yourself with the public relations, the ceremonial and the prep and dispatch of your personal expedient;

II-follow the progress of the projects of interest of the Ministry in tramway in the National Congress;

III-provide for the fulfillment of the consultations and the required requirements formulated by the National Congress;

IV-arrange for the official publication and dissemination of the subjects related to the area of acting of the Ministry;

V-exercise the social communication activities as well as relations international related to the cooperation in health, of interest of the Ministry; and

VI- exercise other assignments that are committed to you by the Minister of State.

Art. 4th To the Executive Secretariat competes:

I-attend the Minister of State in the supervision and coordination of the activities of the integral Secretaries of the structure of the Ministry and the entities to it linked;

II-coordinate and support the activities of administrative organization and modernization, as well as those related to the federal planning and budgeting systems, of accounting, financial administration, administration of information and informatics resources, of human resources and general services, within the Ministry;

III-coordinate and support the activities related to internal management systems and information systems concerning the finalistic activities of SUS;

IV-coordinate and support the activities of the Fund National Health;

V-coordinate and support the definition of guidelines of the national system of information in health, integrated throughout the national territory, covering epidemiological and service provision issues;

VI-assisting the Minister of State in the definition of guidelines and in the implementation of the actions of the Ministry's area of competence;

VII-advising the direction of the Ministry's bodies in formulating collaborative strategies with organisms international financial;

VIII-coordinate the elaboration and implementation of programs and projects in areas and themes of national comprehensiveness;

IX-establish goals, follow up and evaluate the performance of the programs and projects;

X-propose agreements and arrangements with the States, the Federal District and the Municipalities for the decentralized execution of special programs and projects, in the framework of SUS; and

XI-coordinate the decentralization actions in SUS.

Single paragraph. The Executive Secretariat exercises, still, the role of the sectoral body of the Civil Personnel Systems of the Federal Administration-SIPEC, of Administration of Information Resources and Informatics-SISP, of General Services-SISG, of Planning and of Federal budget, Federal Financial Administration and Federal Accounting Office, through the Subsecretaries of Administrative and Planning Affairs and Budget to it subordinates.

Art. 5th To the Subsecretariat of Administrative Affairs competes:

I-plan, coordinate and supervise, within the framework of the Ministry, the execution of the activities related to the Federal Human Resources and General Services Systems, as well as the activities of organization and administrative modernization;

II-promoting articulation with the central bodies of the federal systems, referred to in the inciso I, as well as informing and guide the Ministry's bodies as to compliance with the established administrative standards;

III-manage contracts and bidding processes for contracting and procurement of goods and services;

IV-plan, coordinate, and supervise the execution of the documentation, information, archive, library activities, editorial process and the Cultural Centre for Health, within the Ministry; and

V-promoting the elaboration and consolidate the plans and programs of the activities of their area of competence and submit them to the top decision.

Art. 6th To The Subsecretariat of Planning and Budget competes:

I-plan, coordinate, and overseeing the execution of the activities related to the federal planning and budgeting, financial administration and accounting systems, within the Ministry;

II-promoting articulation with the central organ of the federal system, referred to in the inciso I, as well as informing and directing the organs of the Ministry as to compliance with the established standards;

III-coordinate the elaboration and consolidation of the plans and programs of the Ministry's finalistic activities and submit them to the top decision; and

IV-follow up and promote the evaluation of projects and activities.

Art. 7th To the Department of Informatics of SUS-DATASUS competes:

I-nurturing, regulatory and evaluate the computerization actions of SUS, directed towards the maintenance and development of the health information system and internal Ministry management systems;

II-develop, research, and incorporate informatics technologies that enable the implementation of systems and the dissemination of necessary information to health actions, in line with the guidelines of the National Health Policy;

III-set standards, guidelines, standards and procedures for the contracting of goods and services of informatics, within the framework of the Ministry's bodies and entities;

IV-set standards for the caption and transfer of information in health, aiming at integration operational of the data bases and systems developed and deployed within SUS;

V-maintaining the acquis of the databases necessary to the information system in health and to internal institutional management systems;

VI-ensuring SUS managers and congennered bodies access to computer services and databases, maintained by the Ministry;

VII-define technical cooperation programs with research entities and teaching for prospecting and transfer of technology and methodology of informatics in health, under the coordination of the Secretary-General; and

VIII-supporting states, Municipalities and the Federal District, in the informatization of SUS activities.

Art. 8th To The Executive Director of the National Health Fund competes:

I-plan, coordinate, and control the budget, financial, and accounting activities of the National Health Fund, including those performed by decentralized units;

II-promoting the activities of technical cooperation in the budgetary and financial areas to subsidize the formulation and implementation of health policies;

III-establish standards and criteria for the management of the sources of fundraising and the application of the budget and financial resources;

IV-plan, coordinate, and supervise the activities of funding for programs and projects;

V-follow up and evaluate the execution of programs and projects funded with resources from the National Health Fund;

VI-plan, coordinate and overseeing the activities of convents, agreements, adjustments and similar ones under the responsibility of the Ministry, as well as to promote the monitoring of the application of the resources transferred to SUS; and

VII-planning, coordinating and overseeing the activities of accountability and special account taking of the resources of SUS, allocated to the National Health Fund.

Art. 9th To the Department of Support for Decentralization competes:

I-articulate the organs of the Ministry in the process of policy evaluation, under SUS;

II-subsidize the processes of elaboration, implantation and implementation of standards, instruments and methods necessary to strengthen the SUS management model, at the three levels of government;

III-promote, articulate, and integrate the activities and actions of technical cooperation to states, Municipalities and the District Federal, aiming to strengthen the decentralized management of SUS;

IV-formulate and propose to adoption of necessary guidelines for strengthening state and municipal health systems;

V-plan, coordinate and articulate the negotiation and contractuation process, aiming at the strengthening of the pactuation instances, at the three levels of SUS management;

VI-promoting the articulation and integration of actions between the organs and units of the Ministry and the state and municipal managers of SUS; and

VII-participate in the negotiation process and the definition of criteria for the allocation of physical and financial resources, in the three spheres of management of SUS.

Art. 10. The State Cores, through their organizational units, compete to develop technical-administrative and logistical support activities, as well as practise the remaining acts necessary to the performance of the Ministry's organs.

Art. 11. To Legal Consulting, the sectoral body of Advocate-General of the Union, competes:

I- advising the Minister of State on matters of a legal nature;

II-exercise the coordination of the legal activities of the Ministry and the linked entities;

III-fix the interpretation of the Constitution, laws, treaties, and the remaining normative acts to be uniformly followed in their area of acting and coordination, when there is no normative orientation of the Union Advocate General;

IV-elaborating studies and preparing information by request of the Minister of State;

V-assist the Minister of State in the internal control of the administrative legality of the acts to be by him practiced or already effectuated, as well as those from organs or entities under their legal coordination; and

VI-examine, prior and conclusively, within the Ministry's scope:

a) the edital texts of bidding, as well as those of the respective congenneric contracts or instruments, to be published and celebrated; and

b) the acts by which one is going to recognize the unchargeability or decide the bidding dispensation.

Section II

Of the Singular Specific Organs

Art. 12. The Secretary of Attention to Health competes:

I-participate in the formulation and implementation of the health care policy, observed the principles and guidelines of SUS;

II-define and coordinate systems of integrated networks of health actions and services;

III-establish standards, criteria, parameters and methods for the control of the quality and evaluation of health care;

IV-overseeing and coordinating the evaluation activities;

V-identifying the reference services for the establishment of technical health care standards;

VI-elaboration and propose standards for disciplining the relationships between SUS's gestural instances and private services hired health care contractors;

VII-coordinate, follow up and evaluate, in scope national, the activities of the Ministry's assistential units;

VIII-provide cooperation technique for the enhancement of the managerial and operational capacity of states, Municipalities and the Federal District;

IX-coordinate the formulation and implantation of the SUS assisted-regulation policy;

X-promoting the development of strategic actions aimed at the reorientation of the health attention model, having as a structuring axis the actions of basic attention in health; e

XI-participate in the elaboration, deployment and implementation of standards, instruments and methods that strengthen SUS's management capability, at the three levels of government.

Art. 13. The Department of Basic Attention competes:

I-normatize, promote and coordinate the organization and the development of the basic attention actions in health, observed the principles and guidelines of SUS;

II-normatization, promote and coordinate the organization of pharmaceutical assistance, in the framework of basic attention in health;

III-develop mechanisms for control and evaluation of basic attention actions in health;

IV-follow up and propose instruments for managerial and operational organization of basic attention in health; and

V-providing technical cooperation to states, Municipalities and the Federal District in the organization of shares of basic attention in health.

Art. 14. To the Department of Attention Specialized competes:

I-elaborate, coordinate and evaluate the medium and high complexity, ambulatory and hospital policy of SUS;

II-create technical and legal instruments for the deployment of management models;

III-create technical and legal instruments for the development of management of assistive networks;

IV- draw up parameters and managerial indicators for the management of the assistetive networks;

V- coordinate and monitor the actions and health services of the hospital units of their own; and

VI -regulate and coordinate the activities of the National System of Organ Transplants.

Art. 15. To the Department of Strategic Programmatic Actions compete:

I-coordinate, in a way articulated with other organs of the Ministry, the formulation of programmatic contents, technical-managerial norms, methods and instruments that reorient the model of attention to health;

II-promoting the development of strategies that allow the organization of attention to health, with an emphasis on attention basic, aiming to favor the access, the equesity and the completeness of the actions and services provided;

III-providing technical cooperation to states, Municipalities, and the Federal District in the organization of strategic programmatic actions;

IV-develop mechanisms for control and evaluation of strategic programmatic actions; and

V-developing inductive mechanisms that strengthen the organizational logic of health systems, articulated among the three levels of management of SUS.

Art. 16. To the Department of Regulatory, Evaluation and Control of Systems competes:

I-define the regulation policy of the Ministry in relation to the State Health Systems;

II- to subsidize and evaluate the actions of assistential regulation, deployed by the states, Municipalities and Federal District;

III-follow up and evaluate:

a) the provision of assistive health services, in the framework of SUS, in its qualitative and quantitative aspects; and

b) the transfer of financial resources from the Ministry to states, Municipalities, and the Federal District;

IV-provide technical cooperation to SUS managers for the use of collection instruments of data and information;

V-subsidize the elaboration of SUS information systems;

VI-carry out studies for the enhancement and application of the instruments of control and evaluation of the health care services;

VII-evaluate the actions, methods and instruments implemented by the control and evaluation body of the states, the Municipalities and the Federal District;

VIII-establish standards and define criteria for the systematization and standardization of the techniques and procedures concerning the areas of control and evaluation;

IX-define, within its area of acting, forms of technical cooperation with the states, the Municipalities and the Federal District for the enhancement of the managerial and operative capacity of health care services;

X-subsidize the states, the Municipalities and the Federal District in the policy of contractualization with SUS health service providers; and

XI-define, maintain, and update the national cadaster of health establishments.

Art. 17. To the Department of Hospital Management in the State of Rio de Janeiro competes:

I-integrate operational and assisted health services linked to the Ministry of Health, broadening its efficiency and effectiveness;

II-articular and coordinate the implementation of the Ministry of Health's policies and projects in the assistential units under its responsibility;

III-implement participatory management actions and social control in the health services under their responsibility; e

IV-acting in an integrated manner with the remaining health services located in the city of Rio of January, in the Metropolitan Region and in the remaining Municipalities of the State, with views to the strengthening and qualification of the assistive networks in these territories.

Art. 18. To the National Cancer Institute competes:

I-attend the Minister of State in the formulation of the national policy for prevention, diagnosis and treatment of cancer;

II-plan, organizing, executing, directing, controlling and overseeing plans, programs, projects and activities, nationwide, related to the prevention, diagnosis and treatment of malignated neoplasias and correlates affections;

III-exercise activities of training, training and improvement of human resources, at all levels, in the area of cancerology;

IV-coordinate, program and carry out clinical, epidemiological and clinical research experimental in cancerology; and

V-providing medical-assistetive services to carriers of malignated neoplasias and correlates affections.

Art. 19. The Office of Labour Management and Education in Health competes:

I-promote the ordering the formation of human resources in the area of health;

II-elaboration and propose policies of training and professional development for the health area and monitoring its implementation, as well as promoting the development of the Network of Human Resources Observatories in Health;

III-plan, coordinate and support activities related to work and education in the health area, as well as the organization of the management of education and work in health, the formulation of criteria for the negotiations and the establishment of partnerships between SUS managers and the planning of responsibilities between the three spheres of government;

IV-promoting articulation with the educational bodies, union and supervisory bodies of the professional exercise and social movements, as well as with representative entities of the education of professionals, with a view to training, professional development and work in the health sector;

V-promoting the integration of the health and education sectors in the sense of strengthening the forming institutions of professionals acting in the area;

VI-planning and coordinating actions, aiming at integration and the improvement of the relationship between the federal, state and municipal Issues of SUS, with regard to training, qualification and distribution plans of the education and work offers in the health area;

VII-planning and coordinating actions aimed at promoting the participation of SUS health workers in the management of the services and the regulation of health professions;

VIII-planning and coordinating actions, aiming at the promoting education in health, strengthening the own initiatives of the grassland movement in the field of education in health and the management of public health policies, as well as to the promotion of information and knowledge concerning the right to health and access to the actions and health services; and

IX-fostering international cooperation, inclusive by the institution and the coordination of discussion forums, aiming at the solution of problems related to training, professional development, management and regulation of work in health, especially the issues involving the neighbouring countries of the US continent, Portuguese-speaking countries and countries of the southern hemisphere.

Art. 20. To the Department of Management of Education in Health compete:

I-participate in the proposition and the monitoring of education of health professionals, National Policy of Permanent Education at SUS and the Institutional Development Policy of Ministry workers;

II-seek integration of the health and education sectors for the strengthening of the formative institutions in the interest of SUS and the suitability of vocational training to the needs of health;

III- to promote the development of the government's network of schools linked to the Ministry of Health and the State and Municipal Secretaries of Health and collaborative networks of Education in Collective Health;

IV-collaborate with the broadening of basic schooling of health care workers who lack teaching fundamental, special education and basic professional qualification, as a matter of priority in the areas essential to the functioning of SUS;

V-propose and seek mechanisms for accreditation of schools and educational programs, as well as certification mechanisms of competences that favour integration between management, the training, social control and teaching, with a view to listening to the educational demands of SUS;

VI-establish policies for the SUS service network to be appropriate to the condition of teaching field for the training of health professionals as well as formative processes in the SUS service network for all professional categories; and

VII-establish policies and processes for professional development in institutional, multiprofessional and interdisciplinary character programs, with a view to full attention to health.

Art. 21. To the Department of Management and Labor Regulation in Health competes:

I-plan and coordinating studies of the quantitative and qualitative needs of professionals with a profile appropriate to the health needs of the population;

II-acting together with the state and municipal managers of SUS for the solution of public sector and private sector personnel problems;

III-promote and participate in the articulation of pacts between the federal, state and municipal Issues of SUS, in what refers to the production plans and the qualification and distribution of health professionals;

IV-developing joints for the construction of job plan and careers for SUS personnel, as well as supporting and stimulating this action in the state and municipal spheres;

V-plan, coordinate, and support the development of own professional career policy of the SUS, as well as professional career policy for the private sector;

VI-plan and coordinate the actions of professional regulation both for new occupations and occupations, and for those already established in the labour market;

VII-propose and follow up professional competency certification systems aiming at the regulation of work processes in health; and

VIII-articular permanent system of negotiating work relations with federal, state and local managers municipal, private sector and the representations of the workers.

Art. 22. The Office of Science, Technology and Strategic Insumos competes:

I-formulate, implement and evaluate the National Policy of Science and Technology in Health;

II-formulate, implement and evaluate policies, guidelines and targets for the strategic areas and themes required for the implementation of the National Health Policy, in the framework of its assignments;

III-viabilizing technical cooperation to states, Municipalities and the Federal District, within the framework of their acting;

IV-articulate the action of the Ministry, within the framework of its tasks, with the organizations government and nongovernmental, with views to scientific and technological development in health;

V-formulate, implement, and evaluate the National Healthcare And Drug Assistance Policies, including hemoderivatives, vaccines, immunobiology and other inputs related, while integral parts of the National Health Policy;

VI-establish methods and mechanisms for the analysis of the economic-health feasibility of ventures in health;

VII-participate in the formulation and implementation of the market regulation actions, with views to the enhancement of the National Health Policy; and

VIII-formulate, foster, carry out and evaluate studies and projects, within the framework of their responsibilities.

Art. 23. To the Department of Pharmaceutical Assistance and Strategic Insums competes:

I-subsidize the Registry in the formulation of policies, guidelines and targets for the strategic areas and themes, necessary for the implementation of the National Health Policy, within the framework of its assignments;

II-participate in the formulation and implementation, as well as coordinate the management of National Assistance Policies Pharmaceuticals and Medicines, including blood, hemoderivatives, vaccines and immunobiology, while integral parts of the National Health Policy, observed the principles and guidelines of SUS;

III-providing technical cooperation for the enhancement of the managerial and operational capacity of states, Municipalities and of the Federal District, within the framework of its acting;

IV-coordinate the organization and the development of programs, projects and actions, in areas and themes of national inclusiveness, within the framework of their competencies;

V-formulate, propose guidelines, and coordinate the development of intersetorial actions aimed at production of inputs for health, of national interest;

VI-formulate and coordinate the actions of fomenting to the state production of medicines, as support to the government actions in health and the balization of the national pharmaceutical market;

VII- normatize, promote and coordinate the organization of pharmaceutical assistance, at the different levels of attention to health, by obeying the principles and guidelines of SUS;

VIII-formulate and propose guidelines for the areas and strategic themes with views to the implementation of the National Health Policy;

IX-coordinate the acquisition and distribution of strategic inputs for health, in particular for assistance pharmaceuticals;

X-propose agreements and arrangements with the states, the Federal District and the Municipalities for the decentralized execution of programs and special projects within SUS, at the limit of their assignments;

XI-orientate, empower and promote support actions to the actors involved in the process of pharmaceutical assistance and strategic inputs, with views to the sustainability of the programs and projects in your area of acting; and

XII-elaboration and follow up the execution of programs and projects related to the production, acquisition, distribution, dispensing and use of medicines, under SUS.

Art. 24. To the Department of Science and Technology compete:

I-participate in the formulation, implementation and evaluation of the National Science and Technology Policy in Health, having as assumptions the needs demanded by the National Health Policy and the observance of SUS principles and guidelines;

II-promoting intersectoral articulation, within the framework of the National System of Science and Technology;

III-define norms and strategies for developing control mechanisms and evaluation of incorporation of technologies, promoting the diffusion of scientific and technological knowledge in health, with views to their adoption by health institutions and services, within the framework of their competence;

IV-promoting, in articulation with institutions of science and technology and agencies of fomenting, the realization of strategic research in health;

V-providing technical cooperation for the improvement of the managerial capacity, as well as guide, empower and promote support actions to the agents of the states, Municipalities and the Federal District, in the framework of Science and Technology in Health;

VI-elaboration, publicize, and foster observance of related research and technological development guidelines with impacts caused by environmental factors on health;

VII-follow up on activities of the Secretariat-Executive of the National Commission of Ethics in Research, instituted within the framework of the National Board of Health;

VIII-coordinate the elaboration, implementation and evaluation of programs and projects in areas and themes of national comprehension, in the framework of the tasks of the Office of Science, Technology and Strategic Insummation;

IX-implant cooperation mechanisms for the development of science and technology institutions that act in the area of health;

X- proposing agreements and arrangements with the states, the Federal District and the Municipalities for the decentralized execution of special programs and projects, in the framework of SUS; and

XI-define acting strategies of the Ministry of Health in the field of biosafeness, in articulation with organs and related institutions.

Art. 25. To the Department of Health Economics competes:

I-subsidize the Registry of Science, Technology and Strategic Insumos, as well as its remaining Departments, in the formulation of policies, guidelines and targets for the strategic areas and themes, necessary for the implementation of the National Health Policy, within the framework of its assignments;

II-analyze the feasibility of public ventures in the healthcare sector;

III-subsidize the decisions of the Secretariat of Science, Technology and Strategic Insummits, as well as of its too many Departments, in the touching of economic aspects of the programs and projects formulated in its scope of attribution;

IV-analyze and propose policies for cost reduction in the health area, as well as to broaden population access to medicines and other inputs necessary to the implementation of the pharmaceutical assistance actions;

V-coordinate and carry out research on components economic SUS, within the framework of the tasks of the Office of Science, Technology and Strategic Insummations;

VI-propose and coordinate the deployment of bank and national price records aiming at the acquisition of strategic inputs for health; and

VII-participate in market regulation actions, in the framework of the tasks of the Registry of Science, Technology and Strategic Inputs.

Art. 26. The Secretary of Strategic and Participatory Management competes:

I-formulate and implement the democratic and participatory management policy of SUS and strengthen social participation;

II -articulate the actions of the Ministry of Health, concerning strategic and participatory management, with the various sectors, governmental and nongovernmental, related to the conditioners and determinants of health;

III-support the social control process of SUS, for the strengthening of health advice action;

IV-promoting, in partnership with the National Board of Health, the realization of the Health Conferences and of the Plenaries of the Health Councils, with the support of the other organs of the Ministry of Health;

V-encourage and support, including in the financial and technical aspects, the state, municipal and the Federal District bodies, for the process of drafting and executing the permanent education policy for social control in SUS;

VI-support strategies for social mobilization, by the right to health and in defence of SUS, by promoting popular participation in the formulation and evaluation of public health policies;

VII-contribute to the equeness, supporting and articulating social groups that demand specific health policies;

VIII-promoting the effective participation of managers, workers and users in the election of priorities and in the process of decision making in the management of SUS;

IX-formulate and coordinate the Policy of Monitoring and Evaluation of SUS Management, through the analysis of its development, the identification and dissemination of innovative experiments, producing grants for decision making and the organization of the services;

X-formulate and coordinate the Ouvidory Policy for SUS, implementing its decentralization and cooperation with citizen rights entities;

XI-conduct audit and surveillance in the framework of the SUS and coordinate the deployment of the SUS National Audit System, in the three spheres of government;

XII-promoting, in partnership with the Executive Secretariat of the National Board of Health, the articulation of the organs of the Ministry of Health with the National Board of Health;

XIII-supporting administrative and financially the Executive Secretariat of the National Council of Health;

XIV-fostering the realization of studies and research, by means of cooperation agreements with governmental and nongovernmental entities, which contribute to the development of SUS and the Brazilian health reform; and

XV-establish mechanisms for the management of ethics, with focus on compliance of conduct as a tool for sustainability and improvement of SUS public management, as well as follow up with its implementation within the Ministry of Health.

Art. 27. The Department of Support for Participatory Management competes:

I-propose, coordinate and support the implementation of the National Policy of Participatory Management in Health;

II-create and implement mechanisms supporting the process of organization and functioning of SUS Social Control;

III-fostering the participation of workers and users in decision making in the management of SUS;

IV-supporting processes of qualification and effectivation of SUS social control;

V-contribute to the promotion of equesity in health, by welcoming and articulating the demands of groups and populations socially excluded;

VI-supporting initiatives of the social movements for the process of formulation of SUS management policies;

VII-fostering and broadening social mobilization by the right to health and in defence of SUS;

VIII-mobilizing and instrumentalizing managers and health workers for participatory management practices;

IX-establish mechanisms for education and communication, in health, with the school network, with nongovernmental organizations and with social movements; and

X-viabilize and coordinate the realization of studies and research, aiming at the production of knowledge in the field of participatory management and social control.

Art. 28. To the Department of Monitoring and Evaluation of SUS Management competes:

I-coordinate the Policy for Monitoring and Evaluation of SUS Management, to be formulated and jointly developed with the other areas of the Ministry;

II-subsidize the processes of elaboration, deployment and implementation of standards, tools and methods necessary to strengthen strategic and participatory management, in the three spheres of government;

III-integrate the activities and actions of technical cooperation to states and municipalities, aiming to enhance the management of SUS services and resources;

IV- formulate managerial reports to guide the decision making of the management, in the three spheres of SUS, jointly with the specific technical areas of the Ministry;

V-articular and integrate the monitoring and evaluation actions performed by the organs and units of the Ministry of Health;

VI-developing instruments and initiatives that would qualify the process of evaluating strategic management and participatory in the scope of SUS;

VII-viabilizing and coordinating the achievement of studies and research aiming at the production of knowledge in the field of monitoring and evaluation of SUS management;

VIII-articular actions with the internal and external control bodies, with the other ministries and with the entities of the areas of information and evaluation in health, aiming to broaden the quality of the monitoring and evaluation system of SUS management; and

IX-support the follow-up processes of the pacts firmed up between the three SUS management spheres.

Art. 29. To the Department of Ouvidoria-General of SUS compete:

I-propose, coordinate, and implement the National Ouvidoria Policy in Health, in the framework of SUS;

II-stimulate and support creation of decentralized structures of ouvidoria in health;

III-implement policies of stimulation to the participation of users and entities of society in the process of evaluating the services provided by SUS;

IV-promote actions to ensure the preservation of the ethical, privacy and confidentiality aspects in all steps of the processing of the information arising;

V-ensuring citizens access to the information on the right to health and those concerning the exercise of that right;

VI-trigger the competent organs for the correction of problems identified, upon complaints sent directly to the Ministry of Health, against illegal or undue acts and omissions, in the framework of health; and

VII-viabilizing and coordinating the realization of studies and research aiming at the production of knowledge, in the field of health outreetness, to subsidize the formulation of policies of management of SUS.

Art. 30. To the National Audit Department of the SUS:

I-audit and scrutinize the regularity of the technical-scientific, accounting, financial and patrimonial procedures practiced by physical and legal persons, within SUS;

II-check the suitability, the resolubility and quality of health procedures and services made available to the population;

III-establish guidelines, standards, and procedures for the systematization and standardization of audit actions, in the scope of SUS;

IV-promoting the development, interaction and integration of actions and audit procedures between the three levels of SUS management;

V-promote, in your area of acting, technical cooperation with federal, state and municipal bodies and entities, with views to the integration of the actions of the organs that make up the National System of Auditing-SNA with integral organs of the internal control systems and external;

VI-issue conclusive opinion and managerial reports for:

a) instruct ressaration processes to the National Health Fund of ascertained values in the shares of audit; and

b) inform the top authority about the results obtained through the audit activities developed by the SNA's integral bodies;

VII-orienting, coordinate and supervise, technically and administratively, the execution of the audit activities carried out by the organizational units of audit of the State Núcleos;

VIII-support the actions of monitoring and evaluating SUS management; and

IX-viabilize and coordinate the realization of studies and research aiming at the production of knowledge in the field of audit in SUS.

Art. 31. The Registry of Surveillance in Health competes:

I-coordinate the management of the:

a) National System of Epidemiological Surveillance;

b) National Environmental Surveillance System in Health, including working environment;

c) National System of Public Health Laboratories, in the aspects pertinent to epidemiological and environmental surveillance in health;

d) Epidemiological Information Systems; and

e) National Program of Immunizations;

II-elaboration and disseminate information and health situation analysis that allow to establish priorities, monitor the health framework of the Country and assess the impact of disease prevention and control actions and aggravation, as well as subsidize the formulation of Ministry policies;

III-coordinate the execution of activities concerning the dissemination of the use of epidemiological methodology at all levels of SUS to subsidize formulation, implementation and evaluation of the actions of prevention and control of diseases and other aggravations to health;

IV- coordinating the implementation of the activities concerning the prevention and control of diseases and other aggravation to health;

V-coordinate and supervise the execution of the technical activities developed by the Evandro Chagas Institute, by the Reference Center Professor Hélio Fraga and by the Central de Storage and Distribution of Strategic Insumes;

VI-coordinate the process of elaboration and follow-up of the Integrated Pactuada Programming of Epidemiology and Disease Control (PPI-ECD);

VII-participate in the elaboration, deployment and implementation of standards, instruments and methods that strengthen the SUS management capacity, at the three levels of government, in the area of epidemiology, prevention and control of diseases;

VIII-fostering and implementing the development of studies and research that contribute to the enhancement of epidemiological and environmental surveillance actions in health;

IX-promoting technical-scientific exchange with national and international governmental and non-government bodies, in the areas of epidemiology and control of diseases;

X-propose policies and actions of education in public health, concerning the areas of epidemiology, prevention and control of diseases;

XI-providing technical advice and to establish cooperation with states, Municipalities and the Federal District, aiming to potentiate managerial capacity and foster new practices of disease surveillance and control; and

XII-formulate and propose the Health Surveillance Policy as well as regulate and follow up with the management contract of the health surveillance.

Art. 32. To the Department of Epidemiological Surveillance competes:

I-propose standards regarding:

a) actions for the prevention and control of communicable diseases;

b) notification of communicable diseases;

c) epidemiological investigation; and

d) epidemiological surveillance, at the entrance posts of the national territory;

II-adopt the measures for the prevention and control of risk factors and diseases or aggravation to health, pertinent to the your field of acting;

III-coordinate the actions of epidemiology and disease control and unenthusiastically aggravated health, in a complementary or supplementary manner, in exceptional character, when the ability to execute states is overcome, there is the involvement of more than one state or risks of dissemination at a national level;

IV-normatization and define technical instruments related to disease information systems of compulsory notification and disease under monitoring;

V-analyze, monitor, and guide the execution of the disease prevention and control actions that integrate the list of compulsory notification diseases or that come to take on importance for public health;

VI-elaborated indicators of epidemiological surveillance for analysis and monitoring of epidemiological behavior of diseases under surveillance and aggravated health for health;

VII-propose the national list of compulsory notification diseases;

VIII-propose the basic scheme of character vaccines compulsory;

IX-coordinate the investigation of outbreaks and epidemics, in particular of diseases emerging and unknown or unenlightened etiology, as well as of temporally adverse events associated with vaccination;

X-normatization and overseeing the National System of Public Health Laboratories in the aspects concerning epidemiological and environmental surveillance in health;

XI-normatization, coordinate and supervise the use of immunobiologics;

XII-participate in the elaboration and overseeing the execution of the actions in PPI-ECD; and

XIII-render technical advice and establish cooperation to states, Municipalities, and the Federal District in the organization of the actions of epidemiology, immunization, laboratory and too many actions of disease prevention and control.

Art. 33. To the Department of Health Situation Analysis competes:

I-elaborating studies and analyses for monitoring the epidemiological framework and evaluation of the impact of health policies and programs;

II-monitor the epidemiological behavior of noncommunicable diseases and other aggravation to health;

III-normatization and coordinate the execution of the vital statistics systems;

IV-promote and disseminate analysis of the information generated by the systems;

V-developing methodologies for studies and health situation analyses;

VI-participate in the elaboration and overseeing the execution of the actions in PPI-ECD; and

VII-render technical advice and establish cooperation to states, Municipalities, and the Federal District in the organization of the actions inherent in the health situation analysis.

Section III

From the Collegiated Bodies

Art. 34. To the National Board of Health competes:

I-deliberating on:

a) formulation of strategy and control of the implementation of national health policy in federal scope; and

b) criteria for the definition of patterns and assisted-class parameters;

II-manifold about the National Health Policy;

III-decide on:

a) state health plans, when requested by the respective Councils;

b) divergences raised by the State and Municipal Health Councils, as well as by representation bodies in the area of health; and

c) accreditation of health institutions that apply to conduct research in human beings;

IV-opines on the creation of new upper courses in the health area, in articulation with the Ministry of Education;

V-establish guidelines to be observed in the elaboration of the health plans depending on the epidemiological characteristics and the organization of the services;

VI-monitoring the implementation of the financial resources transfer schedule, consigned to SUS, the States, the Federal District and the Municipalities;

VII-approve the criteria and values for the remuneration of services and the parameters of coverage assistential;

VIII-follow up and control the activities of the private institutions of health, accredited upon contract, adjustment, or convenni;

IX-follow up the process of development and scientific and technological incorporation in the area of health, for the observance of ethical standards compatible with the socio-cultural development of the Country; and

X-propose to convene and organize the National Conference of Health, ordinarily every four years and, extraordinarily, pursuant to the Act no 8,142, of December 28, 1990.

§ First The composition, organization and operation of the National Board of Health will be established of compliance with the current legislation.

§ 2nd The National Board of Health will have a Secretariat-Executive for coordination of the technical-administrative support activities.

Art. 35. To the Board of Health Supplemental competes:

I-establish the general guidelines and overseeing the implementation of the policies of the supplementary health sector;

II-approve the management contract of the National Supplementary Health Agency;

III-supervising and follow up on the actions and operation of the National Supplementary Health Agency;

IV-fix general guidelines, for implementation in the supplementary health sector, about:

a) aspects economics-financial;

b) accounting, actuarial and statistical standards;

c) parameters as to the capital and the minimum net worth, as well as to the shapes of its underwriting and realization when it comes to anonymous society;

d) constitution criteria of guarantees of maintenance of the economic balance-financial, consistent in goods, furniture or real estate, or special funds or secured insurances; and

e) fund creation, secure insurance contracting or other instruments that judge adequate, with the aim of protecting the consumer from private plans of assistance to the health in the event of insolvency of operating companies; and

V-deliberation on the creation of technical chambers, of advisory character, in such a way as to subsidize their decisions.

Single paragraph. The National Supplemental Health Agency shall lay down the standards on the subjects provided for in the inciso IV of this article, and shall appropriate them, if necessary, when there are general guidelines established by the Supplemental Health Board.

Art. 36. To the organs and entities of the Ministry of Health it is up to manage the data and information regarding your area of acting, aggregating them to the National Health Information System, as per the provisions of paragraph? d?, inciso III of the art. 16 of the Law no 8,080, of September 19, 1990.

CHAPTER IV

DAS ATTRIBUTIONS OF LEADERS

Section I

Do Executive Secretary

Art. 37. The Executive Secretary is incumbent on:

I-coordinate, consolidate and submit to the Minister of State the Ministry's overall action plan;

II-supervise and evaluate the execution of the projects and activities of the Ministry;

III-supervise and coordinate the articulation of the organs of the Ministry with the central bodies of the systems affections to the area of competence of the Secretariat-Executive; and

IV-exercise other assignments that are committed to it by the Minister of State.

Section II

Dos Secretaries and too many Leaders

Art. 38. To the Secretaries it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the implementation of the activities of the units that integrate their respective Secretaries, as well as to exercise other assignments that are committed to them in internal regiment.

Single paragraph. It is also incumbent upon the Secretaries to exercise the assignments expressly delegated to them, admitted to sub-delegation to the directly subordinate authority.

Art. 39. To the Chief Minister's Office, the Legal Adviser, the Undersecretaries, the Directors, the Coordinators-General and the remaining leaders it is incumbent on planning, directing, coordinating and directing the implementation of the activities of the respective units and to exercise other assignments that are committed to them in their areas of competence.

CHAPTER V

OF THE GENERAL AND TRANSITIONAL PROVISIONS

Art. 40. The activities of control, evaluation and auditing, within the Ministry of Health, stay organized in the form that follows:

I-the National Department of Audit of the SUS will act on monitoring the approved programming of the application of the resources passed on to the States, to the Municipalities, to the District Federal and in checking the regularity of procedures practiced by physical and legal persons, upon analytical examination, in-loco and expert verification; and

II-the Department of Regulation, Evaluation and Control of Systems will act on the implementation of the control and evaluation activities, upon follow up and monitoring continuous of the actions and services developed within the SUS, without prejudice to the control and evaluation activities pertinent to each organ or entity of the Ministry.

Art. 41. The Executive Director of the National Health Fund will adopt procedures for ressaration to the Fund of established values in control and auditing actions.

Art. 42. The internal regiments will define the detailing of the integral organs of the Regimental Structure, the competences of the respective units and the assignments of their leaders.