LAW NO. 20,645 CREATES ASSIGNMENT ASSOCIATED WITH IMPROVEMENT OF THE QUALITY OF TREATMENT OF THE USER, FOR THE OFFICIALS GOVERNED BY THE STATUS OF PRIMARY HEALTH CARE. Having present that the National Congress has given its approval to the Bill of Law: " Article 1.-Establishment, for staff governed by the Primary Care Statute contained in Law No. 19.378, which is carried out in municipal primary health care establishments and in the Municipal health administrative entities, which are engaged in a fixed or indefinite period of time, an annual allocation in relation to the results obtained in the process of evaluation of the improvement in the quality of the treatment of the user in the municipal establishments of primary health care. Article 2.-The allocation laid down in Article 1 shall be for staff who are in service at the date of payment of the latter, provided that they have provided services for one or more of the health institutions or establishments identified in the Article 1 °, without any continuity solution, during the 11 months preceding its payment. Article 3.-The granting of the allowance provided for in this law shall be subject to the following rules: (a) It shall be granted on the basis of the improvement of the treatment of the users of the municipal primary health care establishments, the which shall be determined by the result obtained from the application of the assessment instrument as set out in the following literals. (b) The Assistant Secretary for Assistants Networks, after a report of the Technical Committee, which shall be composed of a representative of that Secretariat and one of the Directorate of Budgets, shall define the evaluation instrument, which may be updated from the two years of use. This instrument shall contain the application of a survey of the perception of treatment of users of municipal health establishments. (c) The implementation of the evaluation instrument shall be carried out by experts outside the municipal health care facilities. The recruitment of such experts shall be carried out by the Assistant Secretary for Assistant Networks through the procedure laid down in Law No 19,886, and shall be his office. The application of this procedure shall be the responsibility of the Assistant Secretary for Assistant Networks. However, the respective terms of reference or the technical bases must be approved by the Budget Directorate. (d) The assessment instrument shall be applied in respect of users over 15 years of age who have received care in municipal health establishments during the period of application of that instrument. The sample selection will be carried out in the municipal health facilities according to the methodology determined by the respective regulations. (e) Primary health care establishments shall be ordered in a degressive manner according to the result obtained in the application of the assessment instrument, with the classification of the following tranches: i. Section 1: 33% of the health facilities that have obtained the best results in the evaluation process. ii. Section 2: the following 33% of the health facilities. iii. Section 3: the remaining 34% of the health facilities, up to 100%. In order to establish the percentage that corresponds to each tranche, one decimal place must be considered to be rounded to the nearest integer. However, primary health care establishments in the municipal health sector, in order to gain access to the benefit, must achieve a score of at least 65% or their equivalent in the measurement of the treatment of users in the evaluation instrument. f) In case two or more health establishments obtain the same final score, the Assistant Secretary of the Assistant Network will proceed to resolve the situation by applying the criteria of the tiebreaker, such as percentage of the population registered in the The establishment of the Group A referred to in Article 160 of the decree with force of law No. 1, of the Ministry of Health, 2006, condition of rurality or other, matters that will be defined for this purpose in the regulation. (g) Notwithstanding the above literals, if, for the purpose of the assessment methodology used, in the cut-off of each corresponding tranche there shall be establishments of the same unit of analysis with the same score, upper section and the next tranche shall be initiated with the remaining establishments in descending order. h) Once the evaluation instrument has been applied, the external experts identified in the literal c) will be required to submit to the Assistant Secretary of Assistant Networks the outcome of the evaluation and the degressive management of the care facilities Municipal health primary. (i) The application of the survey may be carried out until 15 September of each year. However, the period of application of the instrument may not be different for municipal primary health care establishments. (j) A regulation issued by the Ministry of Health, which is also signed by the Minister of Finance, will regulate the minimum contents and aspects to be considered by the evaluation instrument, the methodology, the criteria of the tiebreaker to which the (f) the assessment factors, the elements and procedures to be considered by the assessment, as well as the rules of operation of the Technical Committee and any other rules necessary for the appropriate granting of the benefit. The regulation must be issued within 90 days of the date of publication of the law in the Official Journal. Article 3 (a)-The application of the assessment instrument may be suspended in respect of one or more municipal primary health care establishments in the following cases: (a) Where there is a health alert situation declared in accordance with Article 36 of the Health Code. (b) Where in the establishment there are incidental or unforeseen events resulting from disasters; serious damage to their infrastructure, or acts of violence or terrorist acts which seriously impede or alter their ability to deal with the users. In any event, the suspension of the application of the instrument, in accordance with the provisions of the foregoing paragraph, shall be ordered by means of a resolution exempt from the provisions of the Subsecretariat of Assistant Networks, which shall indicate the means of verification of the occurrence of the causals. In addition, a report of the Technical Committee set out in Article 3 (b) shall be required in advance. In the situations referred to in this Article, the amount of the allocation of improvement of treatment to the user to be collected by the officials of the establishments to which the assessment instrument was not applied shall correspond to the one assigned to the tranche in which the establishment was classified in the previous year. Article 4 °.-Exclusively and for the purposes of the application of Article 5 °, the Assistant Secretary for Assistants Networks by means of a resolution exempted by the Directorate of Budgets shall determine for each year a value hour of the allocation, dividing the amount indicated in Article 9 ° by the sum of the following factors: (a) Three times the total number of contracted hours from all the establishments located in section 1, referred to in the previous article. (b) Two times the total number of hours contracted from all the establishments located in section 2, referred to in the previous article. (c) The total number of contracted hours, from the establishments to be located in section 3, referred to in the previous article. By 30 July of each year, health institutions and establishments shall report to the Assistant Secretary for Assistant Networks, through the Health Services, the total number of hours of staff referred to in Article 1. contracted during the first half of the respective year. Article 5 °.-The amount of the allocation for each official shall depend on the tranche in which the establishment is classified, in accordance with the following: 1) The allocation of the officials in the establishments The value of the hour multiplied by the hours of each official employed in the establishment shall be 3 times the value of the 33% better assessed. 2) The allocation of the officials to be carried out in the establishments located in the second 33% shall correspond to twice the value hour multiplied by the hours of each official contracted in the respective establishment. (3) The allocation of the officials in the establishments located in the remaining 34% shall correspond to the hourly value multiplied by the hours of each official employed in the respective establishment. For the purposes of payment, the average number of hours contracted by the official during the first half of the respective year shall be considered. All officials of the primary health care establishment or managing body shall receive the allocation, without distinction of functional categories, in accordance with the respective section of compliance and, in any case, in proportion to contracted hours, with a maximum of 44 hours. The allocation shall be paid in a single quota no later than in conjunction with the remuneration of the month of November of each year. The resources for the financing of the allocation will be transferred from the Assistant Network of Assistance Networks to the Health Services and from these to the municipal primary care establishments and the health administrative entities. (a) municipal, as appropriate, for the purpose of payment of the allowance. Article 6.-The officials who are not entitled to receive this allowance shall not be entitled are qualified in list 3, conditional, or list 4, of elimination. Article 7 °.-With regard to the officials who, in accordance with Article 17 of the aforementioned law Nº 19.378, have made use of an unpaid leave for the eleven months prior to the payment of the allowance, it shall be paid in proportion to the full months actually worked and according to their working time. Article 8 °.-The allocation shall not serve as a basis for any other remuneration or legal benefit and the amount that officials perceive by way of the assignment of treatment to the user shall be taxable and taxable for the purposes of health and pensions. Article 9 °.-The budgetary resources in this law may only be granted up to an annual maximum amount of $9,893,540 thousand. For the year 2016, this amount shall be readjusted annually in the percentage that results from adding the percentage that is determined for the readjustment of the public sector salaries plus the percentage in which the registered population increases annually. in primary health care establishments, as provided for in the penultimate paragraph of Article 18 of the decree with force of law No 1, of the Ministry of Health, enacted in 2005 and published in 2006, and validated by the Fund National of Health. By means of a resolution exempt from the Assistant Secretary for Assistants Networks, which shall be issued no later than April, the percentage in which the annual maximum amount referred to above shall be adjusted, prior to the approval of the Directorate of Budgets. In the year 2016, extraordinary contributions may be granted annually to the amount indicated in the first indent, in so far as the allocation of primary health care for municipal health is increased exclusively from the following factors: The implementation of new health facilities, or the implementation and implementation of new health programmes; or other increases in funding to be provided for in future legal bodies. The amount of these extraordinary contributions, when appropriate, will be fixed annually by supreme decree of the Ministry of Health, also signed by the Minister of Finance, dictated under the formula "By Order of the President of the Republic." TRANSITIONAL PROVISIONS Article 1.-Exceptionally, the first payment of the allocation set out in Article 1 ° shall be for a single amount of $180,000 for each official of the entities and establishments mentioned in the aforementioned provision. Such allocation shall not be subject to the implementation of the assessment instrument referred to in this law. For these purposes, the provisions of Articles 2, 6 and 7 of this Law shall apply. The value of the allowance shall correspond to a maximum of 44 hours per week and shall be proportional to the hours contracted. The amount referred to in the first subparagraph shall not be taxable or taxable for health and pension purposes, and shall not serve as a basis for calculation for any benefit or remuneration. Article 2.-The first year of application of the assessment instrument establishing this law shall correspond to the calendar year following the year in which the payment referred to in the previous article is made. For the purposes of granting the allocation laid down in Article 1 of this Law, during the first year of application of the assessment instrument, the municipal health care establishments shall be provided on the basis of the the decreasing order of the scores obtained in the application of that instrument. However, in order to gain access to the benefit, the primary health care establishments must reach at least a 50% score or their equivalent in the measurement of the treatment of users in the evaluation instrument. Article 3.-The greatest tax expense that the application of this law means during its first year of validity will be financed from the resources established in the budget of the Ministry of Health and, in what will be lacking, from the Public Treasury. " And for how much I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, December 14, 2012.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Jaime Manalich Muxi, Minister of Health.-Felipe Larraín Bascunan, Minister of Finance. What I transcribe to you for your knowledge.-Atzently, Jorge Díaz Anaiz, Undersecretary of Health.