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Provisional Measure No. 557, Of 26 December 2011

Original Language Title: Medida Provisória nº 557, de 26 de Dezembro de 2011

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PROVISIONAL MEASURE N ° 557, OF December 26, 2011

Institutes the National System of Cadastro, Surveillance and Monitoring of the Gestant and Puérpera for Prevention of Mortality Materna, authorizes the Union to grant financial benefit, changes the Law n ° 8,080, of September 19, 1990, and the Law n 9,782, of January 26, 1999.

THE CHAIRPERSON OF THE REPUBLIC, in the use of the assignment that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1 ° It is established the National System of Cadastro, Surveillance and Monitoring of the Gestant and Puérpera for the Prevention of Maternal Mortality, in the framework of the Women's Health Integral Attention Policy, coordinated and performed by the Single System of Health-SUS, with the purpose of ensuring the improvement of access, coverage and quality of attention to maternal health, notably at risk pregnancies.

Art. 2 ° The National System of Cadastro, Surveillance and Monitoring of the Gestant and Puérpera for the Prevention of Maternal Mortality consists of the universal enrollment of the gestures and puerpeas, so as to allow the identification of gestures and risk pubs, the assessment and monitoring of the attention to health by them received during prenatal, childbirth and puerptery.

Single paragraph. The System will be coordinated by the Union, through the Ministry of Health, and managed in cooperation with states, Federal District and Municipalities.

Art. 3 ° Compete to the Ministry of Health:

I-establish the standards of implementation of the System;

II-coordinate and guide the deployment of the System across the territory national;

III-institute and manage computerized system, of shared access between the federal, state, district and municipal health managers and health boards;

IV- set targets and indicators of monitoring and evaluating the components of enrollment, surveillance and monitoring of the System; and

V-establish policies, programs and actions with the aim of enhancing attention to the health of the gestures and risk puerpees.

Art. 4 ° The management of the National System of Cadastro, Surveillance and Monitoring of the Gestant and Puérpera for Maternal Mortality Prevention will be carried out by the following instances:

I-National Gestor Committee; and

II-Commissions of Cadastro, Surveillance and Monitoring of the Gestants and Risk Puertomes.

Paragraph single. States, the Federal District and the Municipalities will be able to institute Committees Managers for acting together with the System.

Art. 5 ° Compete to the National Gestor Committee propose, to the Ministry of Health, the formulation of policies, programs and actions within the framework of the National System of Cadastro, Surveillance and Monitoring of Gestant and Puérpera for the Prevention of Maternal Mortality.

§ 1 ° The National Gestor Committee will be coordinated by the Ministry of Health and will have its composition and operation defined by act of the Minister of State for Health.

§ 2 ° It is ensured to participation, in the National Gestor Committee, of representatives of the following entities:

I- National Board of Health-CNS;

II-National Board of Secretaries of Health- CONASS;

III-National Council of Municipal Secretaries of Health-CONASEMS;

IV-Federal Council of Medicine-CFM; and

V-Federal Council of Nursery-COFEN.

§ 3 ° The participation in the National Gestor Committee will be considered to be the relevant public service provision, not remunerated.

Art. 6 ° The health, public and private establishments, whether or not they are to the SUS, which carry out prenatal accompaniment, birth assistance and puerptery should institute Cadastro Commissions, Surveillance and Monitoring of Gestants and Puerpeas of Risk.

Single paragraph. The Commissions of Cadastro, Surveillance and Monitoring of the Gestants and Risk Puérars are to be chaired by the technical officer of the health establishment.

Art. 7 ° Compete to the Commissions of Cadastro, Surveillance and Monitoring of the Gestants and Puérars of Risk:

I-inform your constitution to the National Gestor Committee and the State Secretaries, District and Municipal Health Association of the federation unit in which they are situated, and maintain updated enrollment of its composition;

II-cadastrate in computerized system the data of all the gestures and puerpeas serviced in the services of the health establishment;

III- include in computerized system the relationship of gestures and risk puerties served in the health services, their diagnosis and the therapeutic project defined and performed, in addition to other information determined by the National Gestor Committee;

IV-inform, in computerized system, the occurrence of deaths of women gestures or puerpeas, with information about the investigation of the causes of death and the measures to be taken to prevent further occurrences;

V-provide, when requested by the health authorities, the necessary documentation for investigation of the causes of death of women gestures and puerpeas;

VI-propose to the federal, state, district, and municipal managers of SUS the adoption of measures necessary to ensure access and to qualify attention to the health of the gestures and puerpeas, and to prevent maternal death;

VII-implement the policies, programs and actions set out in the framework of the System; and

VIII-adopt and inform, to the SUS managers to which they are bound, the complementary measures carried out, in accordance with their local specificities, for compliance of the purposes foreseen in the System.

Art. 8 ° For the implementation of the policies, programmes and actions instituted within the framework of the National System of Cadastro, Surveillance and Monitoring of the Gestant and Puérpera for the Prevention of Maternal Mortality, may the Union, via the Ministry of the Health:

I-firming arrangements, cooperation agreements, adjustments and other congenimental instruments with organs and entities of the federal Public Administration, the states, the Federal District and the Municipalities, public consortia, and with private non-profit entities, in the form of the current legislation; and

II-celebrate acts of technical cooperation with states and Federal District to discipline the collaborative acting of Legal Medical Institutes and death-checking services in the investigation of cases of pregnancy or puerptery during the necropsy procedure.

Art. 9 ° The policies, programs and actions within the National System of Cadastro, Surveillance and Monitoring of the Gestant and Puérpera for the Prevention of Maternal Mortality will be borne by:

I-Union budget appropriations consigned annually in the budgets of the bodies and entities involved in its implementation, observed the boundaries of movement, commitment and payment set annually; and

II-other sources of resources targeted by states, Federal District and Municipalities, and by other public and private entities.

Art. 10. Is the Union authorized to grant financial benefit worth up to R$ 50.00 (fifty reais) for enrolled gestures in the National System of Cadastro, Surveillance and Monitoring of Gestant and Puérpera for the Prevention of Maternal Mortality, with the aim of assisting their displacement and their access to the actions and health services regarding prenatal monitoring and delivery assistance provided by SUS, in the terms of regulation.

§ 1 ° The financial benefit could be paid in a parceladic way.

§ 2 ° Compete to the Ministry of Health promote the necessary acts to the budgetary and financial implementation of resources for the benefit of the benefit of which it treats this article and keep up to date enrollment of the beneficiaries.

Art. 11. It will be of public access to the relationship of the granaries and the respective benefits of which it treats art. 10.

Single paragraph. The relation to which the caput refers will have disclosure in electronic means of public access and in other means provided for in regulation.

Art. 12. The granting of the financial benefit will depend on application and compliance, by the beneficiary, of conditionalities regarding the monitoring of prenatal, in the form of the regulation.

Art. 13. It is attributed to the Federal Economic Box the function of acting as an agent responsible for the execution of the repass of the financial benefits of which it treats art. 10, upon remuneration and conditions to be paced with the Executive Power.

Art. 14. The public servant, the employee of entity conveniently or contracted by the Public Power or the one who attests to a private non-conveniences health establishment, responsible for the organization and maintenance of the enrollment of gestures in the National System of Cadastro, Surveillance and Monitoring of the Gestante and Puérpera for Maternal Mortality Prevention, will be held responsible when, dolefully:

I-enter or make inserting into the System data or false information, or several of those that should be inscribed; or

II-contribute to what a diverse person of the final beneficiary receives the benefit.

Paragraph single. The responsibility of which it treats the caput consists of the full mishanding of the damage and application of fine never less than double and higher than the quadruple of the amount improperly paid.

Art. 15. You will be required to rein in the importance received to the beneficiary who dolly provided false information or used any other illicit means in order to improperly join or hold yourself as a beneficiary of the benefit financial that it treats art. 10.

§ 1 ° The ascertained value for the predicted ressarcement in the caput will be updated by the National Consumer Price Index Amplo-IPCA, released by the Brazilian Institute of Geography and Statistics.

§ 2 ° Apurred the value to be resurred, by administrative process, and having not been paid by the beneficiary, to the debit will be applied for the collection procedures of the union credits, in the form of the current legislation.

Art. 16. The Law No. 8,080 of September 19, 1990 passes the invigoration with the following essay:

"CHAPTER VII

OF THE FOLLOW-UP SUBSYSTEM OF THE

GESTATION AND LABOR, CHILDBIRTH AND

PUERPÉRIO

Art. 19-J. Public and private health services are required to guarantee the gestures and the unborn the right to prenatal, childbirth, birth and safe and humanized puerptery.

§ 1 ° The health services of SUS, da network of their own or conveniently, they are obliged, still, to allow the presence, alongside the parturient, of an accompaniment during the entire period of internation on the occasion of labor, childbirth and postpartum.

§ 2 ° The companion of which treats § 1 ° will be indicated by the parturient.

§ 3 ° The intended actions to enable the full exercise of the rights of which it treats § 1 ° constaron of the regulation of the law, to be drawn up by the competent body of the Executive Power.

............................................................................................... " (NR)

Art. 17. The Law No. 9,782 of January 26, 1999 passes the invigoration with the following essay:

" Art. 7 ° ....................................................................................

...........................................................................................................

XXVIII-scrutinize the constitution of the Commissions of Cadastro, Surveillance and Monitoring of the Gestants and Risk Puerars within the framework of the National System of Cadastro, Surveillance and Monitoring of Gestante and Puérpera for the Prevention of Maternal Mortality by health establishments, public and private, convenienced or not to the Single Health System-SUS.

................................................................................................ " (NR)

Art. 18. The Commissions of Cadastro, Surveillance and Monitoring of the Gestants and Risk Puérars are to be instituted within ninety days numbered from the date of publication of this Provisional Measure.

Art. 19. This Interim Measure takes effect on the date of its publication.

Brasilia, December 26, 2011; 190 ° of Independence and 123 ° of the Republic.

DILMA ROUSSEFF

Guido Mantega

Alexandre Rocha Santos Padilha

Miriam Belchior

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