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AMENDS THE D.L. NAº 2.763, 1979, WITH THE PURPOSE OF ESTABLISHING A NEW CONCEPTION OF THE HEALTH AUTHORITY, DIFFERENT MANAGEMENT MODALITIES AND STRENGTHENING CITIZEN PARTICIPATION

Original Language Title: MODIFICA EL D.L. Nº 2.763, DE 1979, CON LA FINALIDAD DE ESTABLECER UNA NUEVA CONCEPCION DE LA AUTORIDAD SANITARIA, DISTINTAS MODALIDADES DE GESTION Y FORTALECER LA PARTICIPACION CIUDADANA

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LAW NO. 19,937 MODIFIES D.L. Nº 2.763, 1979, WITH THE PURPOSE OF ESTABLISHING A NEW CONCEPTION OF THE HEALTH AUTHORITY, DIFFERENT MANAGEMENT MODALITIES AND STRENGTHENING CITIZEN PARTICIPATION. Given its approval to the following Draft Law: "Article 1.-Enter the following |! |amendments in Decree Law No 2,763, 1979: 1) Replace Article 4 ° by the following:" Article 4 °.-The Ministry of Health shall |! formulate, fix and control policies |! |health. Consequently it will have, among others, the |! |following functions: 1.-Exercise the rectory of the health sector, which |! |comprises, among other subjects: a) The formulation, control and evaluation of |! |plans and general programs in the matter of |! |health. b) The definition of health objectives |! |national. c) Sectoral and intersectoral coordination |! |for the achievement of health objectives. d) International coordination and cooperation |! |in health. e) The direction and orientation of all the |! activities of the State regarding the |! |provision of health actions, according to |! |with the policies fixed. 2.-Dictate general rules on materials |! |techniques, administrative and financial to which |! |system agencies and entities must be closed, |! |to execute activities of prevention, promotion, |! |promotion, protection and recovery of the health and |! |rehabilitation of sick people. 3.-Velar for the due compliance of the standards |! |in health matters. The audit of the provisions contained in |! |the Health Code and other laws, regulations and norms |! |complementary and the sanction to its infraction when |! |proceed, in matters such as hygiene and security of the |! work, products |! |food, inhumations, exhumations and transfer of |! |corpses, laboratories and pharmacies, will be carried out by |! |the respective Regional Health Ministerial Secretariat, |! |without prejudice to the jurisdiction that the law assigns to |! |other organisms. The work of inspection or verification of the |! |compliance of the standards may be entrusted to |! |properly certified third parties according to the |! |regulation, only in those matters that it points out and |! develop these tasks |! |and which reasonable reasons the order is warranted. The |! |hiring will be governed by the provisions of the law Nº |! | 19,886, must meet the entity, at least, the |! |following requirements: qualified experience in |! |related subjects, of at least three years; personal |! |ideal, and infrastructure enough to play the |! |labors. In case these activities can be |! |developed by universities, the bases of the |! |tender should consider this condition with a |! |higher weighting factor. 4. To carry out surveillance in public health and |! to evaluate the health situation of the population. 5.-Treat data for statistical purposes and keep |! |records or data banks regarding the materials of |! |their competence. To treat personal or sensitive data with |! |the purpose of protecting the health of the population or for the |! |determination and granting of health benefits. |! | For the intended effects on this number, you may |! |require natural or legal persons, public |! |or private, any information that is necessary. All |! |it according to the rules of Law No. 19,628 and on |! |professional secret. 6.-Formulate the sectoral budget. 7.-Formulate, evaluate and update the System of |! | Universal Access with Explicit Warranties, henceforth, |! |also, "AUGE System", which includes the actions of |! |public health and the benefits to which they are entitled |! |the beneficiaries of the Laws No 18.469 and No 18.933. 8.-Formulate, evaluate and update the guidelines |! |strategic health sector or National Health Plan, |! |shaped by the health goals, priorities |! |nationals and needs of the people. 9.-Set the investment policies and standards in |! |infrastructure and equipment of the establishments |! |public that integrate the care networks. 10.-Velar for the effective coordination of the |! |care networks, at all levels. 11.-Set the minimum standards that must be |! |comply with the institutional health providers, such |! |as hospitals, clinics, offices and centers |! |doctors, with the aim of ensuring that the |! |benefits reach the quality required for the |! |user security. These standards will be set |! |according to the type of establishment and the levels of |! |complexity of the capabilities, and will be the same for the |! |public and private sector. You will need to set standards |! |regarding sanitary conditions, security of |! |facilities and equipment, application of techniques and |! |technologies, compliance with attention protocols, |! |competencies of human resources, and in all other |! which has an impact on the security of benefits. The above standards must be established |! |using validated, publicly known and |! |consultation criteria for competent technical bodies. 12.-Establish an accreditation system for the |! |institutional providers authorized to operate. |! | For these purposes it will be understood by accreditation the |! |periodic evaluation process regarding the |! |compliance of the minimum standards outlined in the |! |number above, according to the type of establishment |! |and the complexity of the benefits. A Health Ministry regulation will establish |! |the accreditation system, the entity or entities |! |accrediting, public or private, or their form of |! |select; the requirements they must meet; the |! |attributions of the accrediting body in relation to |! |the results of the evaluation; the periodicity of the |! |accreditation; the characteristics of the public register |! |of accredited, national and regional providers, that |! |must maintain the Superintendence of Health; the |! |tariffs which must be paid by the service providers in the |! |accreditations, and other materials required to |! |develop the process. Accreditation must apply equal standards to |! |public and private health facilities. 13.-Establish a system of certification of |! |specialties and subspecialties of the providers |! |health individuals legally entitled to |! |exercise their respective professions, that is, of the |! |natural persons who grant health benefits. For these purposes, certification is the process |! |by virtue of which a provider is recognized |! |individual health dominates a body of knowledge and |! |relevant experiences in a certain scope of the |! |care work, granting the corresponding |! |certificate. Through a regulation of the Ministries of Health |! |and Education, the public entities and |! |private, national and international will be determined, who will certify |! |the specialties or subspecialties, as well as |! which they must comply with |! |with the aim of receiving the authorization for it. The |! |regulations will also set the specialties and |! |subspecialties that will be part of the system and the |! |in which the certifying entities will have to give to |! |know the following: the minimum requirements of |! |knowledge and experience which will require for each |! |specialty or subspecialty, the procedures of |! |examination or background check that will employ for |! |grant certification, background regarding the |! |body of evaluators they will use, background |! |which should be maintained with respect to the process of |! |each certification postulator and features |! |of the national and regional public registry of the |! |certified providers, which should maintain the |! | Superintendence of Health. The universities officially recognized in Chile |! |will be certification entities regarding the students |! |they have complied with a training program and |! |training offered by themselves, if the |! |corresponding programs they are accredited in |! |compliance with the current regulations. 14.-Establish, by resolution, protocols |! |health care. For these purposes, it is understood |! |by health care protocols the instructions |! |on operational management of health problems |! |determined. These will be of a referential character, and |! |will only be mandatory, for the public sector and |! |private, in case there is a health cause that |! |it merits, which must be stated in a resolution of the |! | Ministry of Health. 15.-Implement, according to the law, systems |! |alternative dispute resolution on |! |civil liability of individual providers and |! |institutional, public or private, originating in the |! |granting of health actions, without prejudice to the |! |corresponding jurisdictional actions. The systems |! |can contemplate the intervention of public entities |! |and private that comply with technical conditions of |! |suitability. 16. To formulate policies that allow a |! |intercultural health approach to be incorporated in health programs |! |in those communes with high indigenous concentration. 17.-The others that confer the laws and |! |regulations. "2) Intercalase, following the article 4, the |! |next article 4º, new:" Article 4th bis.-For the compliance of the |! |function noted in the previous article number 8, |! |the Minister of Health should call the training of |! | Advisory Councils, which may be integrated by |! |natural persons and representatives of persons |! |legal, public and private sector, according to |! |the matters to be dealt with. The resolution which provides for the creation of the Council |! |respective will indicate the duration of the The |! |the members, the quorum for sessionary and the others |! |rules necessary for its operation. "3) Replace article 5 ° by the following:" Article 5.-The Ministry of Health will be |! |integrated by the Minister; the Deputy Secretary The Network |! | the Assistant Secretary of Public Health and the |! |ministerial regional secretariats. The Ministry will be organized in divisions, |! |departments, sections and offices, considering the |! |importance relative and the volume of work that |! |means the function. " 4) Defeat the final paragraph of article 6. 5. 7. 6) In Article 8: a) Replace the first and second points by |! |the following: " Article 8 °.-The Assistant Secretary of Networks |! | Assistants will have in charge the matters pertaining to |! |the articulation and development of the Network Assistant of the |! | System for the integral attention of people and the |! |regulation of the provision of health actions, such |! |as the rules intended to define the levels of |! |care complexity required for different types |! |of benefits and standards quality that will be |! |enforceable. To do this, the Network Assistant will propose to the |! | Minister policies, rules, plans and programs, will watch |! |for its compliance and coordinate its execution by the |! | Health Services, the Health Facilities of |! | Experimental Character, the Central Supply of the |! | National System of Health Services and the other |! |organisms that integrate the System. The Assistant Secretary for Assistant Networks will be the |! |superior hierarchical of the regional secretariats |! |ministerial, in the matters of their competence, and of |! |the divisions, departments, sections, offices, |! |units and personnel that (b) Modify the third indent, which has passed to |! |be second, as follows: i.-Add, in point (b), following the |! |point (.), the conjunction "and". ii.-Substitute, in point (c), the conjunction |! | "and" with which it ends and the comma (,) that precedes it, by a |! |point apart (.). iii.-Delete the letter (d) with its two paragraphs. c) Eliminate the final point (d) Add the following final point, new: "The Assistant Secretary of the Assistant Network Subrogara |! |the Minister of Health in the absence of the Undersecretary |! |holder of Public Health." 7) Substitute the article 9th by the Next: " Article 9.-The Deputy Minister of Public Health |! will subrogate the Minister in the first order, will have his office |! |the administration and internal service of the Ministry and |! |the matters pertaining to the promotion of health, |! |vigilance, prevention and control of diseases that |! |affect populations or groups of people. In relation to the matters mentioned in the paragraph |! |above, it will be up to you to propose to the Minister |! |policies, rules, plans and programs, to watch for your |! |compliance, coordinate the actions of the National Fund |! |Health and the Institute of Health Publish, and impart them |! |instructions. Also, you will manage the planned financing |! |for public health actions, corresponding to |! |the capabilities and activities that are performed to give |! |compliance to programs of national relevance and |! |those that the law obliges they are financed by |! |the State, regardless of the quality of the pension |! |of the individual or institution that benefits, being able to |! |to execute these actions directly, through the |! |ministerial rgional secretariats, entities |! |that integrate the system, or by holding |! |conventions with the persons or entities that correspond. The Undersecretary of Public Health will be the superior |! |hierarchical of the ministerial regional secretariats, |! |in the matters of their competence, and of the divisions, |! |departments, sections, offices, units and staff |! In addition, as a contributor to the Minister, he/she will coordinate the aforementioned regional secretariats. " 8) Rule 10. 9. Articles 11 to 13 shall be deleted. 10. in Article 14: (a) Reposition, in the first paragraph, the sentence |! |that begins with the phrase "the one that must" and ends with |! |the word "following:", by "without prejudice to the |! |provincial offices which may be required." (b) 11) Intercalanse, following Article 14, |! |the following Articles 14 A, 14 B, 14 C, 14 D and 14 |! | E, new: " Article 14 A.-The Ministerial Regional Secretary |! |shall be appointed in the manner that the Law states. Organic |! | Constitutional on Government and Regional Administration. The Ministerial Regional Secretary must be a |! |university professional with competence, experience, |! |knowledge and skills certified in the domain of |! |public health. Article 14 B.-Regional secretariats |! |health ministers will have the following functions, |! |according to the rules and policies dictated by the |! | Ministry of Health: 1.-Velar for compliance with the standards, |! |plans, programs and national health policies |! |fixed by the authority. Also, adjust the plans and |! |programs to the reality of the respective region, within |! |of the framework set for it by the authorities |! |nationals. 2.-Execute the actions that correspond to the |! |health protection of the population of the risks |! |produced by the environment and for conservation, |! |improvement and recovery of the basic elements of the |! |environment that affect in It, by ensuring due |! |compliance with the provisions of the Health Code and |! |of regulations, resolutions and instructions on |! |the matter, for which you will be endowed with all |! |the powers and attributions that the Code Sanitary and |! |other legal norms and sanitary regulations |! |enambienambias le confer, de conformity with the intended |! |in Article 14C. 3.-Adopt the health measures that correspond |! |according to your competence, grant health authorizations |! |and prepare reports in sanitary matters. The standards, |! |standards and instruments used in the work of |! |audit, will be homogeneous for the |! |public and private establishments. 4.-Velar due to the proper execution of the actions |! |public health by the entities that integrate |! |the care network of each health service and, in its |! |case, execute them directly, or by means of the |! persons or entities |! |corresponding. In the exercise of these functions, it will coordinate |! |those actions of promotion and prevention whose |! |execution falls on the health services. 5.-Keep updated the diagnosis |! |regional epidemiological and perform the monitoring |! |permanent of the impact of the strategies and actions |! |implemented. 6.-To collaborate, at the request of any organization |! |public of the health sector, in the implementation of |! |procedures of receipt of claims. The procedures referred to in this numeral |! |must be agreed with the mentioned organisms, |! |as determined by the regulation. 7.-To comply with the actions of oversight and |! |accreditation that they point to the law and the regulations and |! |those that are entrusted to it by other agencies |! |public of the health sector by convention. 8.-Evaluate the level of compliance of the goals |! |fixed to the health administrative entities |! |municipal and its establishments, as per the |! |provided in article 4 of Law No. 19,813. 9.-Organize, under its dependence and support the |! |functioning of the Commission of Preventive Medicine and |! | Invalidity. 10.-The others who establish the laws and |! |regulations. Article 14 C.-They will be of the competence of the |! | Ministry of Health, through the secretariats |! |regional ministries, all those matters that |! |correspond to the health services, be in quality of |! |functions own or in its character of Legal successors |! |of the National Health Service and the Medical Service |! | National of Employees, and who do not relate to the |! |execution of integrated actions of a care character |! |in health, without prejudice to the execution of actions of |! |public health according to the item number 4 of the article |! |previous. In relation to the matters dealt with in this article, |! |the regional secretaries of health ministry |! |must conform to the technical norms and |! |administrative of a general character that gives the |! | Ministry of Health, either at national level or regional. Article 14 D.-Financial resources that are |! |collected by the regional ministerial secretariats of |! |health by way of fees charged by the |! |services that provide, where applicable, and by the |! |fines that correspond to them, The |! |budget of the Public Health Undersecretary, the one that |! |will distribute among the related secretariats |! |regional. Article 14 E.-There will be in each secretariat |! |regional ministerial a Advisory Council, the one that will have |! |character advisory regarding the matters I point out |! |this law and its regulations and those that the secretary |! |regional ministerial subject to its consideration. The |! |members of the Advisory Board will not perceive |! |remuneration for their participation in the. The ministerial regional secretary will have to call |! |the Council in the first quarter of each year with the |! |objective to inform about the management of the year |! |previous and the planning of the corresponding year. A |! |regulation will regulate the way to name the |! |members, the procedure to adopt agreements and |! |the other rules that are necessary for their |! |functioning. " 12) Derogase article 15 13) In article 16: a) In the heading, replace the phrase "the |! |execution of the integrated promotion actions, |! |protection and recovery of health and rehabilitation |! |sick people", by the following: " la |! |articulation, management and d The development of the care network |! |corresponding, for the execution of the actions |! |integrated of promotion, protection and recovery of the |! |health and rehabilitation of the sick people ". b) Replace, in the first paragraph, the paragraph |! |that says: "Seven in the Metropolitan Region of Santiago: |! | Central, South, South-East, East, North, West and |! | Health Service of the Environment." By the following: "Six |! |in the Metropolitan Region of Santiago: Central, South, |! | South-East, East, North and West." 14) Intercalanse, following Article 16, |! |the following Articles 16a and 16b, new: " Article 16a.-La Care Network of each |! |health service will be constituted by the set of |! |public welfare establishments that are part |! |of the Service, the municipal establishments of |! |primary health care of their territory and the others |! |public or private establishments subscribing |! |convention with the Service Respective health, as |! |to article 2 ° of this law, which must collaborate |! |and complement each other to solve in a way |! |effective the health needs of the population. The Health Care Network of each health service must |! |collaborate and supplement with that of the other Services |! |Health, in order to properly resolve the |! |health needs of the population. Article 16b.-The care network of each |! |health service will be organized with a first level of |! |primary care, composed of establishments that |! |will exercise care functions in a given |! |territory with population in charge and other levels of |! |greater complexity that will only receive referrals from |! |the first level of attention, except in cases of |! |urgency and others that point to the law and regulations. The primary care facilities, be they |! |offices, are dependent on municipalities, |! |health services or have agreements with these, must |! |attend, in the territory of the respective Service, the |! |population in charge. These establishments, both public and private, will be subject to the same |! |technical rules and financial contributions by type of |! |population, of services provided and quality of these, and |! |will be supervised and coordinated by the service of |! |respective health. The establishments mentioned in the paragraph |! |above, with the physical and human resources that |! |have, will provide health care programmed and of |! |urgency, in addition to the actions of support and teaching |! |when corresponding, being able to perform determined |! |activities in postes, medical stations or other |! |authorized establishments, in order to facilitate the |! |access to the population. The primary care setting must |! |comply with the instructions of the Ministry of Health in |! |relation to the collection and processing of data and to |! |the information systems they will have to maintain. |! |the beneficiaries of the law N ° 18.469 must register |! |in a primary care setting that forms |! |part of the Health Service Assistant Network in which |! |is located its domicile or place of work. |! | This establishment will be the one who will lend them the |! |health actions that correspond to that level and will be |! |responsible for their health follow-up. The |! |beneficiaries will not be able to change their registration in that |! |establishment before one year of the |! |same, unless they credit, by means of documents |! |reliable, of which must be put on record, a |! |domicile or place of different work. Without prejudice to the provisions of paragraph |! |precedent, public health officials |! |that they are beneficiaries of the law Nº 18.469, and their |! |charges, may be cared for in the same establishment |! |care in which they play their work, without prejudice |! |that they may be referred to other health centers. " 15) Defeat the second and third points of the |! |article 17. 16. Replaced Article 18 by the following: "Article 18.-Each Service shall be in charge of a |! |selected director, designated and evaluated in accordance with the |! | Title VI of Law No. 19,882." 17) Intercalase, following Article 18, the |! |following article 18a, new: " Article 18a.-The director shall be responsible for the |! |organization, planning, coordination and control of the |! |the health actions to be provided by the establishments |! |of the Network Assistant to the territory of its jurisdiction, |! |for the effects of policy compliance, |! |standards, plans and programs of the Ministry of Health. This authority, in accordance with the law, will have to watch |! especially for strengthening the resolutive capacity of the |! |primary level of care. With this object, according to law No. 19.813, |! |will determine for each health administrator |! |primary and its establishments, the specific goals and |! |the activity indicators, in the framework of the goals |! defined by the Ministry of |! | Health and the objectives of better care for the population |! |beneficiary. On this basis the performance |! |of each managing entity will be evaluated. For the purposes of the |! |determination of these goals, it must require the |! |opinion of an Advisory Technical Committee chaired by the |! |director and integrated by the Director of Care |! | Primary Health Service or its representative, a |! |representative of the health administrative entities |! |located in the respective jurisdictional territory and |! |by a representative of the workers through the |! |national, regional or provincial entities that, |! |according to their number affiliates, have greater |! |representativeness, all without prejudice to the |! |queries additional to other instances you consider |! |relevant. The Director shall also ensure that the |! reference, referral and counter-statement of the |! |users of the System, both inside and outside the |! |network. ". 18) in Article 20: a) Replace the heading of article 20 |! |by the following: "Without prejudice to the provisions of Titles IV and |! | V of this Chapter, for the performance of their functions |! |the director shall have, among others, the following |! |attributions:". b) Replace the letter (a) with the following: " a) Velar and, if applicable, direct the execution of |! |the plans, programs and health actions of the Network |! | Assistants; as well as coordinate, advise and |! |control compliance with the rules, policies, |! |plans and programs of the Ministry of Health in all the |! |establishments of the Service. Determine the type of health care they will do |! |the self-managed hospitals and the way in which they |! |will be related to the other establishments of the |! | Network, in the terms of Article 25 B. " c) Modify the letter h) of the following way: (i) In the second paragraph, replace the words |! | "The transactions referred to in the preceding paragraph" |! |by "Transaction contracts". (ii) Add, as the third paragraph, new the |! |following: " Furniture and immovable property may be disposed of a |! |free title, only in favor of the fiscus and others |! |public entities, prior authorization of the Ministry |! |of Health. "d) Substitute the letter m) by the following:" m) Delegate its attributions according to the law; ". e) Substitute, in the letter n), the "y" conjunction and the |! |comma (,) that precedes you, by a semicolon (;). (f) Intercalanse, following point (n), the |! |following letters (o), (p), (q), (r) and (s) new, passing the |! |current letter (n) to (t): " o) Declaring the exclusion, declaration of being |! |out of use or debased, the movable property of the |! | Service, being able to use any mechanism that |! |ensure advertising and free and equal |! |participation of third parties in the disposal; p) Dispose, by way of resolution founded, the |! |commission of services of its officials |! |dependency and not be part of the staff of the |! | Network Self-Management, as per |! |article 25 K, in any one of the establishments |! |public of the Online Assistance Network, provided that said |! |establishment is located in the same city in which |! |this is performed. The service commission may have |! |place in a different city, provided the |! |official consents to it. In any case these commissions will be able to signify |! |the performance of functions of inferior hierarchy to the |! |of the charge or beyond the knowledge that this |! |requires, nor will they be able to import impairment for the |! |official. It may be available that the commission will be fulfilled in |! |total or partial days, as well as in days |! |certain of the week. Officials may not be appointed in |! |commission of services for more than two years. No |! However, at the request of the official and by common agreement |! |the commission may be extended by the deadline they agree |! |the parties. The officials will maintain, for the duration of the duration of the service, all the benefits |! |remuneration that they are entitled to. The official in respect of who is available the |! |commission of services, which estimate that it produces |! |impairment may request the replacement of the resolution |! |before the Director. The resolution of the Director may be |! |appealed to the Regional Secretary of Health |! |within the term of ten working days counted from the |! |date on which the said resolution is communicated or the one that |! |discard the replacement. Without prejudice to the provisions of this letter, the |! | Director may designate in commission of services to the |! |officials in accordance with the rules laid down by law |! | N ° 18.834, Administrative Statute; (q) Celebrate management agreements with the |! |respective health administrative entities |! |municipal, or with primary care facilities, |! |that they have as object, among others, allocate resources |! |associated to the c Sanitary goals, increase |! |of the resolvability of their establishments and |! |improvement of user satisfaction levels. |! | The above conventions should cover, in general, |! |the objectives and goals, capabilities and establishments |! |primary care involved, as well as the |! |activities to be performed, indicators, means of |! |verification and the measures that They will take in case of |! |non-compliance with the obligations contracted. The management conventions must be approved by |! |founded resolution of the Director of the Service, in which |! |will be recorded the background that justifies their |! |celebration and the criteria used to choose the |! |participating establishments. The conventions may |! |extend to other municipal establishments of |! |primary care that request it, provided there is |! |budget availability for those purposes and which is |! |present a background that warrants it from the |! |economic and health points of view; r) Evaluate compliance with technical standards, |! |plans and programs that provide the Ministry of Health to |! |primary health care establishments, and the |! |fulfillment of goals set to those |! |establishments under the agreements entered into |! |under the above letter and to article 57 of the law |! | No. 19,378. If the Director of the Service will verify a |! |serious breach of the stated obligations |! |previously, you may represent such a circumstance to the |! |respective mayor. Likewise, this communication will be |! |referred to the regional mayor, for the purposes of the |! |provided in article 9º of Law No. 18,695, |! | Constitutional Organic of Municipalities; s) Elaborate the budget of the Network Assistants of |! | Health his position and to formulate the considerations and |! |observations which merit the budgets of the |! |self-managed hospitals, and. "19) Intercalanse, following Article 21, |! |the following Articles 21 A and 21 B, new:" Article 21 A.- each Health Service will exist |! |an Assistant Network Integration Council, in |! Forward the Integration Council, advisory character and |! |consultative, chaired by the Director of the Service |! | Health, which will be responsible to advise the Director and |! |propose all the measures that you consider necessary for |! |optimize the adequate and efficient coordination and |! |development between the Service Directorate, the |! | Hospitals and primary care establishments, |! |be these of the Service or establishments |! |municipal primary health care. Also, it |! |it will be up to analyze and propose solutions in the |! |areas in which difficulties are presented in the due |! |integration of the referred levels of attention of the |! |users. The Council will be constituted by representatives of |! |public health establishments, of all levels |! |of care, and private that they integrate the Assistant Network |! |of the Service. Article 21 B.-The name of the establishments |! |dependents of the Health Service will be determined |! |by supreme decree issued through the |! | Ministry of Health, to the proposal of the respective |! | Director of the Health Service, who must accompany, |! |for these purposes, the opinion of the Regional Council |! |corresponding. "20) Substitute, in article 23, the sentence:" of the |! |decree with force of law N ° 338, of 1960 "by the following |!:" of the law N ° 18,834 ". 21. Substitute Article 24 for the following: " Article 24. The Services shall be financed by the following resources: a) With the contributions and payments made by the Fund |! | National Health for the benefits granted to |! |the beneficiaries of the law Nº 18.469, to values that |! |represent the expected cost levels of the |! |benefits, according to the approved budgets; b) With funds made available to it |! | Public Health Undersecretary or Regional Secretary |! | Ministerial for the execution of health actions |! |publica; c) With the fees charged, when applicable, |! |by the services and services they provide, fixed in |! |tariffs, conventions or other sources; fruits that produce their own goods |! |and with the product of the alienation of those same |! |goods. This rule will not apply to the part of those |! |resources which, by special provision or by act |! |testamentarium or donation, have a destination or |! |determined purpose; e) With donations to be made to you and the |! |inheritances and legacies that accept, what you should do with |! |inventory benefit. Such donations and |! |hereditary assignments will be exempt from all class |! |taxes and any taxes or charges that affect them. |! | Donations will not require innuendo processing; f) With participations, contributions, |! |arbitrations, grants, contributions, transfers, |! |income, profits, fines and other resources received, |! |and g) projects for funds |! |ables and to institutions or bodies |! |solidaries. "22) Intercalanse, following Article 25, |! |the following Titles IV and V, new:" TITLE IV OF THE ESTABLISHMENTS OF SELF-MANAGEMENT IN NETWORK PARAGRAPH I OF THE creation and functions Article 25 A.-Health establishments |! |dependent on the Health services, which have greater |! |technical complexity, specialty development, |! |administrative organization and number of benefits, |! |will obtain the quality of "Network Self-Management Facilities", with the |! |attributions and conditions which points to this Title, if |! |meets the requirements to be determined in the |! | Regulations referred to in the following paragraph. A regulation, signed by the Minister of Health, |! |must regulate, among other matters, the system of |! |obtaining this quality and the evaluation process |! |the fulfillment of the requirements and the |! |evaluation and control mechanisms of its management. |! | You can also set different requirements and |! |evaluation mechanisms according to the complexity, |! |specialization of the human resources, organization |! |administrative and benefits that you grant, as well as |! |those requirements minimum and common that all of these |! |must comply, which must be referred, to the |! |less, to the fulfillment of goals and health objectives, |! |to financial management, personnel management, management of the |! |care and indicators and standards set in conventions |! |and rules. These establishments must have procedures |! |of measurement of costs, of quality of the attentions |! |lent and of satisfaction of the users. By jointly founded resolution of the |! | Ministries of Health and Finance, the |! |quality of "Network Self-Management Establishment" will be recognized |! |those who meet the requirements stated in the |! | Regulations, who will be subject to the rules of this |! | Title, as the first indent. The establishments that obtain the quality of |! | "Establishment of Self-Management in Network" will be organs |! |functionally disconcentrated from the corresponding |! | Health Service, as provided in the |! |article 33 of the law Nº 18,575 and the rules of the |! |present law. However, in the exercise of the privileges |! |filed by law in their sphere of competence, no |! |they will commit but the resources and property affections to the |! |fulfillment of their own ends to which they refer the |! |articles 25 L and 25 M. Network Self-Management establishments, within |! |of their level of complexity, will execute the actions of |! |health that correspond to the Health Services of |! |agreement to the law. Article 25 B.-The Establishment, as a party |! |member of the Assistant Network, shall, at least: 1. Develop the type of activities |! |care, degree of technical complexity and |! |specialties to be determined by the Director of the Service |! | Health respective, according to the framework set by the |! | Assistant Assistant Network Assistant with |! |the national health requirements and priorities and |! |of the respective Assistant Network; 2. Laid beneficiaries of law N ° 18.469 and of |! |the law N ° 16,744, which have been referred by some of |! |the establishments of the Networks Care that |! |correspond, according to the rules that the |! | Undersecretary of Health Care Networks and the Service of |! | Health, and cases of urgency or emergency, in the framework |! |of the law and the corresponding conventions; 3. Maintain systems of information compatible with |! |those of the corresponding Assistant Network, will be |! |determined by the Network Assistant |! | Assists; 4. Deliver statistical and care information |! |patients who are requested, according to their |! |legal competencies, by the Ministry of Health, the |! | National Health Fund, the Health Service, the |! | Health Superintendence, the establishments of the |! | corresponding Assistant Network or some other |! |institution with attributions to request it. The Network Self-Management Facilities that |! |are intended for the preferred attention of a |! |particular specialty, excluding the |! |basic specialties, high technical complexity and |! |national coverage, will be part of a Network |! | National High Specialty Assistance |! |coordinated by the Assistant Secretary for Assistant Networks, |! |according to a Health Ministry regulation. For |! |the effects of the provisions in numbers 1 and 2 of the |! |paragraph first, must be held exclusively to the |! |rules that the Under-Secretary gives. Article 25 C.-The Establishment shall be in charge |! |of a Director, who shall correspond to the second level |! |hierarchical of the Health Service for the purposes of the |! |article thirty-seventh of the law N°19.882. You will have |! |the attributions referred to in Articles 25 E and |! | 25 F. Director of Establishment must be |! |served in full day of 44 hours weekly and |! |paid according to the system of decree law N ° 249, of |! | 1974, and its complementary rules, according to the degree of the |! |scale in which it is located located in the |! |respective staff plant. Must be a professional |! |university with competence in the field of management |! |in health. Coordination mechanisms and procedures |! |relationship between the Director of the Establishment and the |! | Director of the Health Service concerned |! |will be governed by the law and by the agreements |! |of performance to be held compliance with it. The performance agreement must be set |! |especially health directives related to the |! |compliance with health objectives and integration to |! |the Network, as well as goals of budget performance. Without prejudice to the provisions of the articles |! |fiftieth and fifteenth of the law |! | No. 19,882, the Director of the Establishment shall be removed |! |by the Director of the Health Service to check the |! Performance convention or serious misconduct to |! |your duties officials. In cases of removal it will be |! |will require the prior consultation of the Minister of Health, except |! |in the situations provided in the fourth indent of the |! |article 25 I. Article 25 D.-There will be a Consultative Council of |! |the Users, who will be composed by 5 |! |representatives of the neighborhood community and 2 |! |representatives of the establishment workers. The Advisory Board will have the function of advising |! |the director of the establishment in the setting of the |! |policies of this and in the definition and evaluation of the |! |institutional plans. Also, in the first quarter of each year, the |! | Director will present to the Advisory Council the plan of |! |activities to be developed by the establishment during |! |the year, as well as the annual public account of the same. A regulation will determine the matters, members |! |and procedures that correspond to the correct |! |development of the tasks that compete with the Council |! | Advisory. The Director will also have the advice of a |! | Technical Council, which will aim to collaborate in |! |the management aspects in which the Director requires his |! |opinion, as well as propender to the best coordination of |! |all the activities of the establishment. The Council will be chaired by the Director and will be |! |constituted by representatives of the different |! |heads of the establishment, as established by the |! |regulation. Article 25 E.-The superior administration and |! |control of the establishment shall correspond to the Director. |! | The Director of the Health Service will not be able to interfere in |! |the exercise of the privileges conferred on him by this |! |title to the Director of the Establishment, nor alter his |! |decisions. However, you can request the Director of the |! | Establishment the information necessary for the cabal |! |exercise of the functions of this one. Article 25 F.-In the Director shall be located |! |the functions of management, organization and |! |administration of the corresponding establishment and in |! |special shall have the following attributions: a) Direct the execution of the programs and actions |! |health and coordinate, advise, inspect and control |! |all the premises of the Establishment. b) Design and develop a development plan for the |! | Establishment. c) Organize internally the Establishment and |! |assign the corresponding tasks, according to the |! |present law, the Health Code and the other regulations |! |existing. d) Elaborate and present to the Director of the Service |! | Health concerned, the one who will send it to the |! | Assistant Secretary of Networks with a report, the |! |draft budget of the Establishment, the plan |! |annual activity associated with This budget and the |! |investment plan, according to the needs of |! |expansion and repair of the infrastructure, of |! |replacement of the equipment of this and the policies |! |of the Ministry of Health. Without prejudice to the general instructions that |! |give the Budget Directorate for these purposes, |! |the Director should prioritize the activities and plan |! |investments, detailing the cost of each of them |! |and justifying the Proposed prioritisation. The |! |budget will indicate in detail the status of the charge for the |! |benefits granted and accrued. The Assistant Secretary of Networks, by means of |! |resolution, will approve the budgets of the |! | Self-Managed and Service Establishments, a |! no later than December 15 of each year, or the |! |next business day, if the 15 is a holiday, on the |! |basis of the approved budget to the Health Service |! |corresponding and of the instructions you give the |! | Budget address. This resolution must, in addition, be endorsed by the Budget Directorate. If |! |expired the term the Undersecretary would not have dictated the |! |resolution, the budget presented by the Director is |! |understand approved by the only ministry of law. In each of the budgets of the |! | Self-Managed Facilities and the Services of |! | Health, the maximum staffing will be fixed; the |! |resources to pay overtime in the year; the |! |training costs and upskilling; spending |! |year of viatics; vehicle endowment and the |! |amount of resources as limit of availability |! |maximum by law enforcement No. 19,664 and other |! |maximum authorizations considered in the respective |! |budget, all according to the instructions that |! |gives the Budget Direction for the elaboration |! |of the draft of the Budget Law. If the budget |! |approved by the Assistant Network Assistant is |! |less than the one requested by the Director of the |! | Establishment, the deputy secretary must indicate the |! |components of the annual activity plan and the plan |! |investments which must be reduced to conform to the |! |approved budget. e) Run the budget and the annual plan of the |! |establishment, according to the rules regarding |! |the financial administration of the State. The director may modify the budget and the |! |amounts determined in his glosas. Such modifications may be rejected by means of |! |resolution of the Assistant Secretary of Networks, of |! |agreement with the instructions given by the |! | Directorate of Budgets. If the Undersecretary is not |! |utters within a period of fifteen days, counted from the |! |receipt of the application, this will be understood accepted. Copy of all acts relating to the |! |budgetary modifications shall be forwarded to the |! | Health Service concerned and to the Address of |! | Budgets. f) To exercise the functions of administration of the |! |staff destined for the establishment, as long as |! |correspond to the scope of the same, in matter of |! |supplences, training, qualifications, days of |! |work, commissions of service, committed officials, |! |reward recognition, including all |! |those assignments and bonuses that are |! |granted by the Service Director, holidays, |! |permissions, medical licenses, social benefits, |! |liability administrative and other that you set the |! |regulation. Regarding the staff to be hired and hired |! |on the basis of fees, the Director of the |! | Establishment will exercise the own functions of a |! |top head of service. A Regulation, issued through the Ministry of |! | Health, which will also be subscribed by the Minister of |! | Hacienda, will establish the necessary norms to exercise |! |the functions of which treats the present literal. g) Celebrate contracts of purchase of services of |! |any nature, with natural persons or |! |legal, for the performance of all kinds of tasks or |! |functions, general or specific, even if they are |! |own or customary of the Establishment. The expense for the contracts indicated in this letter |! |may not exceed 20% of the total budget |! |assigned to the respective establishment. (h) To conclude contracts governed by law No 18,803. i) Run and celebrate all kinds of acts and |! |contracts on movable and immovable property and on things |! |bodily or incorporated that have been assigned or |! |affected to the Establishment and those acquired by it, |! |and compromise on rights, shares and |! |obligations, whether contractual or non-contractual. The transaction contracts must be approved |! |by resolution of the Ministry of Finance, when it is |! |try sums in excess of five thousand units of |! |encouragement. However, the property will not be able to dispose of the properties without a |! |that the prior authorization granted by resolution |! |of the Ministry of Health, and subject to the norms of |! |the decrees laws N ° 1,056, of 1975, or N ° 1,939, of |! | 1977. When the disposal of movable property reaches |! |the seven thousand monthly tax units in one year, |! |all those that happen to you will require authorization |! |prior from the Director of the respective Health Service. Also, without prejudice to the provisions of the letter |! |r), movable and immovable property may be disposed of |! |free title, only in favor of the Fisco and other |! |public entities. j) Celebrate agreements governed by the decree with |! |force of law N ° 36, of 1980, of the Ministry of Health. k) Celebrate agreements with the Health Service |! |respective, with other Self-Management Facilities in |! | Network, with Health Facilities of Character |! | Experimental, and with health administrative entities |! |primary belonging to their territory, in which it is |! |may provide all the necessary resources for the |! |execution of the convention, by means of the destination of |! |officials to lend collaboration on this, the transfer |! |of budgetary funds or other Suitable modes |! |their nature. In particular, the |! |supply of medicines, inputs and other consumables |! |property of the property may be stipulated. The real estate, |! |equipment and instruments can be transferred as data or to |! |another title does not breach of domain, and will be |! |returned to its completion. Agreements with entities that are not part of your |! | Assistant Network must have the approval of the |! | Service Director. l) Celebrate conventions with natural persons or |! |legal, public or private law, whether or not they have |! for profit, with the aim that the |! | Establishment grants benefits and actions of |! |health, by agreeing on prices and payment modalities o |! |prepaid to be agreed, according to the rules that |! |give for these effects the Ministries of Health and |! |of the Hacienda. The persons or institutions holding such |! |conventions will be required to pay in full the |! |benefit granted. The breach of the |! |obligations by the benefit recipient |! |or health action will not affect the contracted obligation |! |with the Establishment by the persons or |! |institutions celebrant of the convention. The agreements with health institutions |! |retirement will be subject to the provisions in the |! |articles 22 and 33 of the law No. 18,933 regarding the |! |use of beds. The conventions referred to in this letter will not, in any case, mean postponement or |! |impairment of the attentions that the Establishment must |! |lend to the legal beneficiaries. Accordingly, |! |with the sole exception of emergency cases or |! |urgency duly qualified, such beneficiaries |! |legal will be preferred over non-beneficiaries. The |! |audit indicated in article 25 H shall determine |! |the fulfillment of the precept in this paragraph. The offence of the officials to the provisions in |! |this article will incur liability and will bring |! |with it the disciplinary measures that it establishes the |! |article 116 of the law No. 18,834. m) Celebrate agreements with health professionals |! |that they are officials of the National System of Services |! |health and that they fulfill days of at least 22 hours |! |weekly when they are intended to attend to their |! |private patients in the establishment. In these |! |cases, such attention should be performed outside the |! |hours of your workday. By resolution founded |! |conventions can be authorized with professionals who |! |comply with a day of 11 hours a week or with |! |professionals other than system officials, |! |prior approval of the Director of the Health Service. These conventions will not be able to discriminate |! |arbitrarily, they will have to conform to the regulations and the |! |instructions that the ministries will impart together |! |of Health and of the Hacienda and, by virtue of them, they will be able to |! Pensioners. The particular patient must ensure |! properly the payment of all the obligations that for |! |this are generated with the Establishment by the execution |! |of the convention, according to the instructions of the |! |ministries of Health and Finance. In any case, priority will be given to the payment of the |! |expenses incurred by the Establishment, and this |! |will not be liable for damages occurring as |! |consequence of such benefits or health actions, |! |with the exception of damages caused directly |! |by negligence of the Establishment. The conventions referred to in this letter will not, in any case, mean postponement or |! |impairment of the attentions that the Establishment must |! |lend to the legal beneficiaries. Accordingly, |! |with the sole exception of emergency cases or |! |urgency duly qualified, such beneficiaries |! |legal will be preferred over non-beneficiaries. The |! |audit indicated in article 25 H shall determine |! |the fulfillment of the precept in this paragraph. The offence of the officials to the provisions in |! |this article will incur liability and will bring |! |with it the disciplinary measures that it establishes the |! |article 116 of the law No. 18,834. n) Celebrate agreements with the National Fund of |! | Health and with the corresponding health service for the |! |benefits that the Establishment grants to the |! |beneficiaries of the law Nº 18.469 in the Mode of |! | Institutional Care. In the case of the |! | Free Choice will apply the general rules of the |! |law Nº 18.469. With the exclusive objective of verifying that the |! |conventions comply with article 25 B, the respective |! | Director of the Health Service, or the Assistant Secretary of |! | Assistance networks in the case of establishments |! |that they are part of the Network High |! | Speciality, you must approve them in advance, within |! |the fifteen days after your reception. After |! |that deadline, if no substantiated objections have been made, the |! |conventions will be construed as approved. The controversies arising from the paragraph |! |precedent will be resolved by the Minister of Health. n) Grant benefits to the beneficiaries of the |! |law No. 18.469, according to the legal and |! regulations in force, for which you can celebrate |! |conventions with the Health Services, in order to |! |set the conditions and modalities that |! |correspond. o) Execute public health actions, according to |! |the laws and regulations in force, for the |! |which will be able to conclude agreements with the Regional Secretary |! | Ministerial and the Assistant Secretary of Public Health, at last |! conditions and modes that |! |correspond. (p) To set up an autonomous tariff for the |! |care of non-beneficiaries of the law | !|Nº 18.469, which in no case may be less than the |! |tariff referred to in Article 28 of that law. q) Perform leasing operations and invest |! |seasonal surplus cash in the market of |! |capital, subject to express authorization from the Ministry of |! | Finance. r) Declare the exclusion, statement of being |! |out of use and unsubscribe the movable property of the |! | Establishment, being able to use any mechanism |! |that ensures advertising and free and equal |! |participation of third parties in the Disposal. s) Delegate, under his or her responsibility, and of |! |conformity with the provisions of law N ° 18,575, |! |attributions and powers in the officials of his |! |dependency. (t) confer mandates on certain matters. (u) perform the other functions and attributions |! |that they assign the laws and regulations to you. v) Condonate, in whole or in part, in cases |! |exceptional and for reasonable reasons, with the agreement of the |! | Director of the respective Health Service, the difference |! |of the affiliate of the law Nº 18.469, according to |! |previously defined criteria by resolution |! |founded from the Director of the National Health Fund. The investments that are financed with resources |! |own and that exceed ten thousand tax units |! |monthly, must have the authorization of the |! | Director of the respective Health Service. For all legal purposes, the representation |! |judicial and extra-judicial of the Health Service |! |respective will be understood as delegated to the Director of the |! | Establishment, when exercising the attributions |! |mentioned in this article. Notice of the complaint, |! |must put it, within 48 hours, in knowledge |! |staff of the Director of the Health Service |! |corresponding, who must adopt the measures |! |administrative procedures that will proceed and will be able to intervene as |! |intervener in any state of the judgment. Article 25 G.-The Establishment will be subject to |! |an annual evaluation of the Under-Secretary of Networks |! | Assistants, to verify compliance with the |! |standards determined by joint resolution of the |! | Ministries of Health and Finance, which will include |! |less the following subjects: a) Meet the obligations set by the |! |article 25 B, for which a report will be required to the |! | Director of the corresponding Health Service, except in |! |the cases of establishments forming part of the Network |! | High Care Specialty; b) Being registered at the Health Superintendence |! |as an accredited healthcare institutional provider; c) Haber successfully implemented systems or |! |management and competency development mechanisms in |! |areas such as management planning and control; |! |personnel management; user support and care; |! |financial management and internal audit; |! |public account systems to the community, among others; d) Maintain budget balance and |! |financial, defined as the equality that must exist |! |between income and expense accrued and that the payment of |! |the accrued and unpaid obligations is done in |! |a period not exceeding sixty days; e) Achieve the fulfillment of the goals that are |! |determine in relation to levels of satisfaction of the |! |usuarios; f) an appropriate articulation within the |! | Assistant Network, for which a report of the |! | Health Service Director, except in |! |cases of establishments that are part of the Network |! | High Specialty Assistant, and g) Meet the registration and reduction goals of |! |waiting lists that have been agreed with the |! | Health Service Director or the Assistant |! | Assistant Networks, as appropriate, for what is |! |will require a report from the Health Service Director |! |corresponding, except in case of establishments |! |forming Part of the High |! Assistance Network. | Speciality. Article 25 H.-The establishment must carry out |! |audits of the administrative and financial management to |! |at least once a year, which may be performed |! |by auditors We will be compliant with the rules you provide |! |the Assistant Secretary for Assistant Networks. Without prejudice to the above and the respective |! |government accounting standards, the Establishment |! |will have to draw up quarterly financial statements in the |! |form that defines the regulation. Copies of the reports and financial statements will be sent |! |to the Network Assistant and the Director of the |! | Health Service. Article 25 I.-Detected by the Under-Secretary of |! | Assistant Networks, the Director of the Health Service |! |respective or the Superintendent of Health the |! |non-compliance with the standards outlined in the |! |article 25 G, the Undersecretary will represent to the Director |! |of the Establishment the situation and will give you a deadline |! |of 15 working days, the one that will be able to be extended by a |! |only time, to present a Plan of Adjustment and |! | Contingency. The Subsecretariat, in conjunction with the |! | Budget Directorate, will have a maximum of 15 days |! |business to decide on the Adjustment Plan and |! | Contingency, either by approving or rejecting it. If the Subsecretariat approves the submitted plan, |! |it must be executed within the time limit, which |! |cannot exceed one hundred and twenty days. After this |! term, it will have to be evaluated if the |! |defaults that were intended to regularize with its |! |implementation were remedied. The failure to submit the plan, its rejection or the |! |unsatisfactory evaluation of the plan will be considered |! |serious breach of the performance agreement by the Director of the Establishment which, in these |! |cases, will cease in its functions of Director by the alone |! |law ministry. Also, as long as it is not |! |reset the compliance level of the standards |! |established, the respective management personnel of the respective |! |establishment will not be entitled to the assignment |! |associated to the fulfillment of the above mentioned requirements, |! |agreement to the rules set forth in Chapter VI of |! |this law. Article 25 J.-By resolution of the |! | Assistant Secretary of Networks will be regulated the |! |way the user population of the Establishment |! |will be able to manifest their requests, criticisms and suggestions. Paragraph II Special Staff Rules Article 25 K.-Plant officials or |! |hires to perform at the establishment to the |! |quality grant date of "Establishment |! |Network Self-Management" will remain destined to this. |! | Without prejudice to the above, by established resolution of the |! | Director of the Health Service, at the express request of the |! | Director of the Establishment, may be terminated to the |! |destination in the establishment of certain |! |officials, who will be at the disposal of the |! | corresponding Health Service, all when the |! |require the needs of the Service and be |! |convenient for the proper functioning of the |! | Establishment. Contracts for fees in force at the date |! |indicated will continue to have their effects according to |! |the provisions contained in them. Paragraph III Of the resources and assets of the establishment Article 25 L.-The Establishment, for the |! |development of its functions, shall have the following |! |resources: a) With those payments made by the Fund |! | National Health for the benefits it grants to the |! |beneficiaries of the law Nº 18.469; b) With those payments made to you by the Service of |! | Health respective for the benefits it grants to the |! |benefit from law Nº 18.469; c) With those payments made to you by the |! | Public Health Undersecretary or the Regional Secretary |! | Ministerial for the execution of health actions |! |publica; d) With the income you obtain, when |! |corresponds, for the services and services it provides, |! |fixed in tariffs, conventions or other sources; With the fruits that produce the goods |! |destined to their operation and with the product of the |! |enajenation of those same goods; f) With the donations that are made to him and the |! |inheritances and legacies that he accepts, what he will have to do with |! inventory. Such donations and |! |hereditary assignments will be exempt from all class |! |taxes and any taxes or charges that affect them. |! | Donations will not require the process of insinuation; g) With the participations, contributions, |! |arbitrios, grants and other resources that you |! |appropriate to perceive; h) By submitting projects to funds |! |ables and to institutions or organizations in solidarity, |! |e i) With the contributions, transfers, grants |! |you receive from the Public Sector Budget Law, |! |natural and legal persons in public law or |! |private, national or foreign and with Loans |! |and internal and external credits that you hire in |! |compliance with the law. Article 25 M.-The establishment will have the use, |! |enjoyment and exclusive disposal of the real estate and |! |furniture of property of the Health Service |! |corresponding, that are destined to the |! |functioning of the sanitary services, |! |administrative or other objectives of the Establishment, a |! |the date of the resolution that recognizes your condition of |! | "Establishment of Self-Management in Network", and of the other |! |goods that you subsequently acquire to any title. Within a year, counted from the date indicated |! |in the previous paragraph, by one or more resolutions |! |of the Assistant Secretary of Networks, are |! |individualize the movable and immovable property of |! |property of the Health Service that is For the |! |operation of the Establishment. The goods mentioned in this article, destined |! |the functioning of the sanitary services and |! |administrative, enjoy inembargability. Paragraph IV Of the Competition Contests Article 25 N.-Competition contests that |! |arise between directors of health services and |! |the directors of the "Self-Management Facilities |! |en Red", will be resolved by the Assistant Secretary of Networks |! | Assistants. Title V Of the least Complexity Health Establishments Article 25 N.-Health facilities |! |dependents of the health service, having minor |! |technical complexity, development of specialties, |! |administrative organization and number of benefits, |! |will have the privileges that this title indicates if |! |meet the requirements that are determined as the |! |article 25 P. A Regulation, which will be subscribed by the Ministers |! |Health and Finance, will have to regulate, between other |! |subjects, the system of obtaining the attributions and |! |the process of assessment of the compliance of the |! |required requirements and evaluation mechanisms and |! |control of their management. Also, you can set |! |different requirements and evaluation mechanisms for |! |deal with complexity, specialization of the |! |human resources, administrative organization and |! |capabilities that grant, as well as those |! |requirements minimum and common that all of these must be |! |comply, among which you will have to contemplate the management |! |of the staff and the management of the care. By way of resolution founded by the Ministries of |! | Health and Finance, the establishments will be recognized |! |that they meet the standards indicated, those that will be |! |subject to the norms of this title, according to the paragraph |! |first. Article 25 O.-The Director of the Establishment |! |it will be up to schedule, direct, coordinate, monitor |! |and control all the activities of this one so that they |! |develop in a regular and efficient way, for which |! |will have the following Privileges: a) Direct the execution of the programs and actions |! |health and coordinate, advise, inspect and control |! |all the premises of the Establishment; b) Design and develop a plan of development of the |! | Establishment; c) Organize internally the Establishment and |! |assign the corresponding tasks, according to the |! |present law, the Health Code and the other regulations |! |vigents; d) Submit annually to the Director of the Service the |! |draft budget of the Establishment and run it |! |once approved, according to the rules in force on |! |matter; e) Study and present the Service Director, |! |initiatives and projects with their respective analyses and |! |background, which tend to expand or improve the |! |health actions, indicating their sources of |! |financial; f) In personnel matters the Director may: -to appoint alternates;-to recruit staff, provided that it does not involve a |! increase in the establishment's endowment;-to accept voluntary resignations;-to appoint officials in service committees |! |and functional tasks;-to assign officials within the same |! |establishment or other Service dependents;-authorize, grant or acknowledge holidays; |! |permits with or without pay within the |! |pais; sick leave, preventive reposses or |! |maternals; and recognize, extend and terminate |! |family and prenatal assignments;-order the investigation instruction |! |summary and administrative summaries; apply measures |! |disciplinary, including suspension of functions; |! |absolve, excel and resolve all matters |! |related to those procedures;-declare accidents in service acts, and |! |g) Play the other functions and attributions |! |specific that delegates them or entrusts the director of the |! |service and the regulation. Article 25 P.-A regulation, signed by the |! |ministers of health and finance, will regulate the |! |requirements that must be met by the Establishment, the |! |that will refer to the following subjects, at least: a) To be registered in the Health Superintendence |! |as an accredited institutional health provider; b) Efficiently manage resources |! |allocated; c) Achieve fulfillment of goals that are |! |determin in relation to levels of satisfaction of the |! |users, and d) Achieve an appropriate articulation with the Network |! | Assistants. Article 25 Q.-The Establishment will be evaluated |! |annually by the director of the health service |! |respective, in the maintenance of the compliance of the |! |standards mentioned in the previous article. In case it is not satisfactory, it will be |! |remove from its function or charge, as appropriate, to the |! | Director of the Establishment. Also, as long as it is not |! |reset the compliance level of the standards |! |established, the respective management personnel of the respective |! |establishment will not be entitled to the assignment |! |associated to the fulfillment of the above mentioned requirements, |! |according to the rules laid down in Chapter VI of |! |this law. "23) In the first paragraph of Article 27: a) Add, in point (a), following the |! |word" law "and before the semicolon (;), the following |! |sentence:" and audit the collection of those mentioned in |! |the letter (b) of that article ". (b) Assume, in point (d), the conjunction "and", |! |with which it ends. (c) Intercalanse, following point (d), the |! |following letters e) and f), new, passing the current |! |letter e) to be letter g): " e) To know and to resolve, in accordance with the regulations |! |in force, the claims that its beneficiaries carry out, |! |according to the procedures set by the Ministry of |! | Health, without prejudice to the competence of others |! |public bodies, in accordance with the law; f) To treat personal or sensitive data with the end |! |to protect the health of the population or for the |! |determination and grant of health benefits. |! | For the intended effects on this number, you may |! |require natural or legal persons, public |! |or private, any information that is necessary. All |! |it according to the rules of law No. 19,628, y. 24) Substitute, in the second paragraph of the letter |! |g) of article 30, the words "Transactions a |! |referred to the previous paragraph" by "The contracts of |! |transaction". 25) Replace, in the second paragraph of the article |! | 31, the numeral "28" by the numeral "31". 26) Add, in the third indent of the article |! | 35, following the word "pharmacology", the |! |terms "imagenology, radiotherapy, banks of |! |blood." 27) In Article 37, incorporate the following |! |letter g), new: " g) Fiscalize the compliance with quality standards |! |and accreditation of the laboratories mentioned in the letter |! |a) precedent, in accordance with the regulations referred to |! |the number 12 of the article 4, and those that are |! |entrusted by other public bodies of the sector |! |health by convention. " 28) In Article 39: a) Replace in the second paragraph of the letter |! |d) the words "The transactions referred to in the |! |previous paragraph" by "The transaction contracts". (b) Substitute, in point (k), the word |! | "regulation" by the following expression: "article 42". (c) Substitute (l) the following: "(l) Delegate his/her privileges under the law N ° |! | 18,575." d) Add the following letter m), new, passing |! |the current letters m) and n) to be letters n) and n), |! |respectively: " m) Encomendar the operational tasks of inspection |! |or verification of compliance with the standards of your |! |competition, a suitable third parties duly certified |! |in accordance with the respective regulations; "29) Substitute, in Article 40, the sentence:" of the |! |decree with force of law N ° 338, 1960 "by the following |!:" of the law N ° 18,834 ". 30) Replace Article 42 by the following: " Article 42.-The structure and internal organization |! |of the Institute shall be determined as established in |! |Article 31 of Law No 18,575, plant and endowment |! |maximum and other rules Article 50: (a) Reapply in the second subparagraph of (b) (b) the words 'The transactions referred to in the preceding paragraph' by 'Transaction contracts'. (b) Substitute, in point (e), the word 'The transactions referred to in Article 50 (1) (b)' shall be replaced by the following: |! | "regulation" by the following expression: "article 51". (c) Replace the letter (f) by the following: "f) Delegate your privileges in accordance with the law N ° |! | 18,575." 32) Replace Article 51 by the following: " Article 51.-The internal structure and organization |! |of the Central shall be determined as set forth in |! |Article 31 of Law No 18,575, plant and endowment |! |maximum and other rules (33) Substitute, in the second indent of Article |! | 52, points (a) and (b), by the following: "(a) The Assistant Secretary of the Assistant Network, or his/her |! representative, who shall preside over it; (b) a representative of the Minister of Health;". 34) In Chapter VI: (a) Intercalase, between the heading of the Chapter and the |! |article 56, the following: "TITLE I General Rules" (b) Intercalanse, following Article 60, |! |the following Titles II, III, IV, V, VI, VII and VIII, |! |new, passing the current Articles 61 and 62 to be 84 |! |and 85, respectively. " TITLE II From the allocation of development and stimulus to collective performance Article 61.-Set up, for staff |! |belonging to auxiliary, technical and |! plants of administrative, plant or contract of the |! | Health Services mentioned in article 16 of this |! |legal body, governed by law No. 18.834 and decree |! |law No. 249, of 1974, a development assignment and |! |stimulus to collective performance, which will contain a |! |base component and other variable associated with the compliance |! |annual health goals and improvement of the |! |care provided to the users of the organisms |! |flagged. It will be up to this assignment to the staff who |! |provided services for any of the entities |! |mentioned in the previous paragraph, or for more than one, without |! |continuity solution, throughout the year object of |! |the assessment of the compliance of set goals, and that |! |is also in service at the time of the payment of |! |the respective allocation fee. Article 62.-The monthly amount corresponding to |! |each official per concept of allocation of |! |development and stimulus to collective performance, is |! |will calculate on base salary plus allocations |! |set out in Articles 17 and 19 of the law No. |! | 19,185, and, where applicable, the one indicated in the |! |article 2 of Law No. 19,699. The base component shall be 5,5% applied over |! |the base indicated in the first paragraph. The component |! |variable will be 5.5% of the same base of calculation, for |! |those officials who perform in the entities |! |that they have met 90% or more of the goals set |! |for the previous year, and 2.75% for those |! |officials of the entities that meet between 75% and |! |less than 90% of the goals set. Article 63.-For the purposes of granting the component |! |variable of the allocation of development and stimulus to the |! |collective performance noted in the articles |! |precedents, the following rules shall apply: 1.-The Ministry of Health shall, before the 10 of |! |September of each year, the national health goals |! |for the following year and the objectives of improvement of |! |the care provided to the users of each one of |! |the Health Services. 2.-According to the marked frame in the number |! |previous, the Director of each health service |! |will determine for each of its establishments, |! |including Service Address, goals |! |specific and activity indicators. 3.-For purposes of the determination of the goals, |! |the respective Director of Service shall require the |! |opinion of an Advisory Technical Committee, chaired by |! |said authority and integrated by the Deputy Medical Director |! |of the Health Service, by the directors of |! |health facilities of the service, by a |! |representative of the association of officials in which the |! |staff of technicians have greater representation and by a |! |representative of the association of officials in which the |! |administrative and auxiliary staff have, in their |! |set, greater representation, in the respective |! | Health Service; without prejudice to queries |! |additional to other instances you consider relevant. 4.-In relation to these specific goals, it will be |! |evaluate the performance of each establishment. 5.-The assessment of the level of compliance of the |! |goals set for each establishment will be carried out by the |! | Regional Health Ministerial Secretary respective, in |! |the deadline that the regulation points out, from the |! |information provided by the Health Services and |! |by the establishments themselves, which must be |! |delivered by such entities to the appointed authority, |! |at the latest, on January 31 of each year. The resolution |! |that the Health Minister Regional Secretary will dictate |! |will be appealable before the Minister of Health within the deadline of |! |ten days, counted from the following third business day |! |the dispatch of the resolution by registered letter |! |directed at the address of the Health Service |! |corresponding. A regulation dictated by the Ministry of Health, |! |the one that will also be subscribed by the Minister of |! | Hacienda, will regulate the procedures intended for the |! |definition and assessment of the degree of compliance of the |! |annual goals, the deadlines that must be met during |! |the evaluation process, the mechanism to determine |! |the associations of officials with greater |! |representativeness and their representatives, and the others |! |provisions necessary for the granting of this |! |assignment. TITLE III Of the allocation of individual accreditation and stimulus to collective performance Article 64.-Establish, for the staff |! |belonging to the plant of professionals, be of |! |plant or contract, of the health services mentioned |! |in Article 16 of this legal body, and for the |! |staff of the direc plant Career paths located |! |between degrees 17th and 11th, both inclusive, governed by |! |the law No. 18,834 and decree law No. 249, of 1974, a |! |assignment of accreditation and encouragement to performance |! |collective, which will contain a component by |! |individual and other accreditation associated with compliance |! |annual health goals and attention enhancement |! |provided to the users of the organizations |! |flagged. It will be up to this assignment to the staff who |! |provided services for any of the entities |! |mentioned in the previous paragraph, or for more than one, without |! |continuity solution, throughout the year object of |! |the assessment of the compliance of set goals and that is |! |find, in addition, in service at the time of payment of the |! |respective allocation fee. Article 65.-The monthly amount corresponding to |! |each official per concept of allocation of |! |accreditation and stimulus to collective performance, se |! |calculate on base salary plus allocations |! |set out in Articles 17 and 19 of Law No. |! | 19,185, and, where applicable, the one indicated in the |! |article 2 of Law No. 19,699. The individual accreditation component will ascend |! |a maximum of 5.5%, according to the years of service of the |! |official in the Health Services or its predecessors |! |legal, applied on the basis indicated in the paragraph |! |first. The annual compliance component of goals |! |health and improvement of care provided to |! |users, will be 5.5% of the same base of calculation, |! |for those officials who perform in the |! |entities that have fulfilled the 90% or more of the |! |goals set for the previous year, and 2.75% for |! |those officials of the entities that meet between |! |75% and less than 90% of the set goals. Article 66.-For the purposes of granting the component |! |individual accreditation, the following rules shall apply |! |: 1.-The personnel referred to in Article 64 |! |shall participate in the process of accreditation each |! |three years, the one It will consist in the evaluation of the |! |training activities that are relevant to the |! |improvement of the management of the organisms and the |! |improvement of the care provided to the |! |users. For these purposes, the respective |! | Health Service must have, at least once a year, for |! |those who comply with the respective period, of all the |! |measures necessary to implement this process. 2.-The officials who |! would have approved the accreditation process will be accepted. 3.-The amount of the accreditation component |! |individual will depend on the years of service of the |! |official in the health services or their ancestors |! |legal, according to the following table: Up to 3 years 3% More than 3 years up to 6 years 5% More than 6 years up to 9 years 5.5% 4.-For officials who have more than nine |! |years of service, the assignment will become permanent, |! |with a percentage equal to the last accreditation that |! |have approved. 5.-If an official does not approve one of |! |the accreditation processes, will not access the increment |! |of the component, but will keep the percentage obtained |! |by the previous accreditations. A regulation dictated by the Ministry of Health, |! |the one that will also be subscribed by the Minister of |! | Hacienda, will regulate the mechanism, the periodicity and the |! |other provisions necessary for the implementation |! |of the procedure of accreditation and the granting of the |! |individual accreditation component. Article 67.-For the purposes of granting the component |! |for annual compliance with health goals and |! |improvement of the care provided to the |! |users, of the assignment indicated in article 64, |! |the rules indicated in the Article 63, |! |for whose effect the officials benefiting from this |! |assignment shall be entitled to a representative of the |! |association in which the professional staff has greater |! |representation integrate the committee noted in the above |! |article 63. TITLE IV Of the allocation of the stimulus to the function of the Directive Article 68.-Establishment, for the staff of the |! |plant of managers of trust and career |! |superior to the grade 11 of the Health Services |! legal body, |! |governed by law No. 18.834 and decree law No. 249, of |! | 1974, an allocation of stimulus that will be governed by the |! |following rules: 1.-For the management personnel who perform in |! |health establishments which, as per the noted in |! |Chapter II, Title IV of this law, may |! |opt to the quality of " Establishment Self-management in |! | Network ", this assignment will be fully associated with the |! |get quality establishment |! |mentioned. 2.-For the management staff who are in |! |less complex health facilities, as |! |as mentioned in Chapter II, Title V of the present |! |law, this assignment will be associated with the compliance of |! |the requirements that Article 25 P. 3.-For the management staff who are in |! |the Health Services Directorate, this assignment |! |will be associated with three factors: obtaining the |! |quality of "Network Self-Management Establishment" |! |the establishments of their dependency, the compliance |! |of the requirements demanded for the establishments |! |dependent of less complexity and compliance with |! |the health goals of the administrative entities of |! |primary health and their establishments when |! |correspond, located in the respective territory |! |jurisdictional, in accordance with the provisions of Article 4 (4) of Law No 19,813. It will be up to this assignment to the staff who |! |provided services for any of the entities |! |mentioned in the first paragraph, or for more than one, without |! |continuity solution, throughout the year object of |! |the assessment of the compliance targets set, and which |! |is also in service at the time of the payment of |! |the respective allocation fee. Article 69.-The monthly amount that will correspond to |! |each official of the Plant Plant by concept of |! |allocation of stimulus, will be calculated on the salary |! |base plus the allocations set out in the articles |! | 17 and 19 of the law No. 19,185 and, where applicable, the |! |higher liability allocation granted by the |! |decree law No. 1,770, of 1977, and the assignment of the |! |article 2 ° of law N ° 19,699. This allocation will be of 11% on the basis indicated |! |in the first indent, for those officials of the |! |plant directive to be performed in the entities that |! |obtain the quality of "Establishment of Self-Management |! |in Network". The same percentage will be perceived by the |! |officials of the |! directive plant | Establishments of less complexity that meet the |! |requirements set forth in article 25 P of this law. For the management staff to be performed in the |! |address of the health services, the assignment |! |will correspond to 11% of the base of calculation indicated in the |! |point first, according to the following distribution: a) Up to 8% by obtaining the quality of |! | "Network Self-Management Establishment" of the |! |establishments of their dependency and compliance with |! |the required requirements for the establishments |! |dependent of less complexity. The percentage by |! |pay will be determined by multiplying the 8% by the |! |cost resulting from dividing the number of |! |establishments that have effectively obtained that |! |classification and have met the requirements |! |referred, according to the case, for the total of the |! |establishments dependent on the address of the |! |service, and b) Up to 3% for the fulfillment of the goals |! |health of the administrative entities of health |! |primary or its establishments when applicable, |! |located in the respective jurisdictional territory of the |! |service, according to Article 4 ° of the |! |law No. 19,813. In this case, the percentage to be paid is |! |will determine by multiplying the 3% by the cuociente |! |resulting from dividing the number of entities and |! |establishments that have effectively fulfilled 90% |! |or more of the goals set for the previous year, by the |! |total of administrative entities and their |! |establishments, located in the territory |! |jurisdictional of the Service. Article 70.-A regulation dictated by the |! | Ministry of Health, which will also be subscribed by the |! | Minister of Finance, will regulate the mechanism and the others |! |provisions necessary to grant the allocation |! |noted in article 68. Article 71.-The assignments noted in the |! |articles 61, 64 and 68, will be paid in four installments, in |! |the months of March, June, September and December of |! |each year. The amount to be paid on each fee will be |! |equivalent to the value accumulated in the quarter |! |respective as a result of the monthly application of |! |the percentages set before. |! | These assignments will have a taxable character for |! |forecast and health purposes. To determine the |! |impositions and taxes to be affected, it is |! |will distribute its amount in proportion to the months that |! |understand the corresponding period and the cuocients are |! |add to the respective monthly remuneration. With |! |all, the impositions will be deducted from the party that, |! |added to the respective monthly remunerations, no |! |exceeds the maximum limit of enforceability. TITLE V Of the shift assignment Article 72.-Set a shift assignment |! |for plant and contract staff of the services |! |health noted in article 16 of this body |! |legal, governed by law No. 18,834 and the decree law No. |! | 249, 1974, which works effectively and permanently in |! |jobs that require attention s 24 hours |! |of the day, during all the days of the year, in a system |! |of turn integrated by four or three officials, |! |who in turn cover that job, in |! |days of up to twelve hours, using rotating shifts. |! | These shifts will be able to understand a number of hours |! |higher than the ordinary working day of the |! |official. Such assignment shall be intended to give back |! |pecuniarily to the referred staff the performance of |! |days of work at times totally or partially |! |different from the ordinary day established in the |! |article 59 of the law N ° 18,834, even in schedule |! |night and on Saturdays, Sundays and holidays, according to |! |with the needs of care operation |! |uninterrupted of the health facilities. The Budget Law, regarding each Service |! |Health, will express the maximum number of officials |! |affections to the system of turn integrated by four and by |! |three officials, separately. For these purposes, it will be |! |consider the information about the envelope of |! |staff, workload and complexity in the |! |care provided by health facilities. Article 73.-This allowance will be taxable only |! |for pension and health effects and will be incompatible |! |with the allocation set forth in the letter c) of the |! |article 93 of the law N ° 18,834. The staff who work on the |! |turn system that treats this Title will not be able to perform works |! |extraordinary of any kind, except when it is |! |unforeseen jobs motivated by |! |health emergencies or needs undelayed |! |care to patients, who must be qualified |! |by the respective Establishment Director by means of |! |resolution founded. In these cases, it will be applicable |! |provided in the second paragraph of article 60 of the law |! | No. 18,834. Article 74.-To be entitled to the assignment of |! |shift, officials must be formally |! |intended to provide services in the jobs |! |whose day is uninterrupted, through |! |annual resolutions of the director of the setting of |! |corresponding health. This allowance will be collected while the worker |! |is in office at the job posts |! |mentioned, and integrates the rotating shift system |! |covered by four or three officials, keeping the |! |right to perceive it. during the periods of absence |! |with the enjoyment of remuneration originated by permits, |! |licenses and legal holiday. Also, it will be considered |! |as general and permanent stipend, for |! |effects of the third indent of article 21 of the law N ° |! | 19,429. Article 75.-The extraordinary hours which, in |! |virtue of the provisions of Article 93 (c) of |! |the law No. 18,834, may be perceived by the officials of |! |plant and to contracts of the designated health services |! |in article 16 of this legal body, governed by the |! |law No. 18,834 and decree law No. 249, of 1974, |! |whatever the reason for its origin, no |! |shall constitute permanent remuneration for no effect |! |legal. Consequently, they will not be perceived during the |! |holidays, licenses and permits with enjoyment of |! |remunerations. TITLE VI Of the allocation of liability Article 76.-Establish an assignment of |! |responsibility for the staff of the plant of |! |professionals, plant and contract of the Services |! |of Health mentioned in article 16 of this body |! |legal, governed by law No. 18,834 and decree law No. |! | 249, of 1974, with days of 44 hours, that perform |! |functions of management responsibility in the |! | Hospitals, General Urban and Rural Consultoires, |! | Reference Centers of Health (CRS) and |! Centers | Therapeutic Diagnostics (CDT). This assignment will be awarded by contest, will be |! |taxable for the effects of forecast and health and will be |! |will readjust at the same opportunity and percentages in that |! |the remuneration of the public sector is readjusted. |! | Also, no calculation basis will be considered for any |! |other remuneration. During the period when the professionals |! |perceive the assignment of responsibility, they will have the |! |category of direct boss for the intended effects on |! |the Paragraph 3 of Title II of Law No. 18,834. Article 77.-This assignment will be granted as |! |the following rules: 1.-The number of quotas per establishment is the |! |determined in the following article. 2.-For the purposes of carrying out the contests |! |corresponding, it will be constituted in the establishment |! |respective a committee formed by the chief of staff |! |or by whom it exercises the functions of such and by whom |! the Committee of Selection referred to in the |! |article 18 of Law No. 18,834. In addition, it will be considered |! |the participation with the right to voice of a representative |! |of the association of officials of the professionals |! |that, according to their number of members, has greater |! |representativeness at the local level. 3.-In the contest or contests to access this |! |assignment, the following factors will be considered and |! |with the weighting indicated in each case: FACTORS WEIGHTING Pertinent Training 30% Performance Evaluation 20% Qualified Experience 20%% Of The Total Number Of% Of The Total Population Of The Fitness for charge (Interview) 30% 4.-The available quotas will be allocated in |! |order of precedence to the official or officials who |! |achieve the highest score in the contest process and only |! |to the extent that they meet the requirements minima |! |for your assignment. 5.-It will be awarded for a maximum period of three years, |! |whenever the function of |! |management responsibility in the establishment in the |! |that was granted is effectively performed. In any case, the official will be able to |! |once again for the assignment, to the extent in |! |that meets the requirements for it. 6.-A contest must be held each time one or |! |more of the quotas assigned to the establishment remain |! |available. A regulation dictated by the Ministry of Health, |! |the one that will also be subscribed by the Minister of |! | Hacienda, will determine the functions of responsibility |! |management that will be able to be the object of this assignment and |! |all other necessary norms for the application of |! |this benefit. Likewise, you will classify the |! |health facilities whose officials have |! |right to attend this assignment, according to the level |! |of complexity noted in the following article. Article 78.-For the purpose of granting the |! |allocation of liability, the total number of quotas |! |nationwide will be 1,259, with an annual cost |! |maximum of $515 million. The Budget Law will set, |! |for each Health Service, the maximum number of |! |beneficiaries and the resources that can be allocated for |! |your payment. The maximum quotas by type of establishment and the |! |annual individual value of the allocation will be the |! |in the following table. However, the amount indicated |! |for each case, may be increased or decreased to |! |10%. Establishment Type Maximum Annual Amount Per Person High Complexity; 13 $580,000 Hospital Half Complexity; 9 $374,000 Hospital Low Complexity; 2 $212,000 Therapeutic Diagnostic Center (CDT) and Centers of Health Reference (CRS); 2 $212,000 Urban and Rural General Consultoires; 1 $212,000 The amount of benefits set in this |! |article corresponds to current values at 30 of |! |November 2002, and will be readjusted in the same |! |percentages and opportunities that have been determined and |! |be determined for sector remunerations |! |public. The assignment granted will be paid in installments |! |monthly and equal, the first of which the first |! |business day of the month following that of the total processing |! |of the resolution that grants it. Article 79.-The provisions of the final sentence of |! |the letter h) of article 1 ° of the law No. 19,490 shall be |! |applicable to the benefits referred to in the articles |! | 61, 64, 68 and 76 of this law. To the officials who perceive the assignment of |! |shift established in article 72 of the decree law No. |! | 2,763, 1979, and who have had absences |! |unjustified according to article 66 of the law Nº |! | 18.834, will be deducted the amount corresponding to |! |as indicated in that article. TITLE VII Of the promotion in the career would work Article 80.-The promotion of the officials of |! |the plants of Technical, Administrative and Auxiliary of |! |the Subsecretariats of the Ministry of Health; of the |! | Institute of Public Health of Chile, of the Central |! | Supply of the National System of Services of |! | Health and of the Health Services mentioned in the |! |article 16 of this legal body, governed by the law Nº |! | 18.834 and the decree law No. 249, of 1974, will be carried out |! accreditation procedure of |! |competencies, in which the training will be evaluated, the |! |qualified experience and qualification obtained by the |! |staff in the period of accreditation, with a |! |weight of 33%, 33% and 34%, respectively. Officials will have to submit annually to the |! |competency accreditation system in the position that |! |serve. With the result of the processes of accreditation of |! |competencies, the services will make a scalafon |! |of merit for the ascent, disposing of the |! |officials of each degree of the respective plant in |! |order decreasing according to the score obtained in the said |! |process, which will have an annual term of 1 |! |January of each year. Produced a vacancy, will be promoted the |! |official who is in the first place of the |! |referred scalafon. In case of a tie, |! |will operate the tiebreaker criteria set in the |! |article 46 of the law Nº 18.834. A regulation dictated by the Ministry of Health, |! |the one that will also be your signed by the Minister of |! | Finance, will set the parameters, procedures, |! |organs, specific modalities for each plant and |! |other rules that are necessary for the operation |! |of the system of accreditation, founded on criteria |! |technical, objective and impartial, that allow a |! |effective assessment of the competence and suitability of the |! |officials. You will also set the |! |provisions necessary for officials to have |! |timely information about the training to which you are |! |refer to this article and the procedures for |! |access it. Without prejudice to the provisions of the present |! |article and in the following, it will be applicable to the |! |officials the provisions of article 45 of the law No. |! | 18,834. Regarding the staff noted in this article and |! |in the following, will not be applicable the provisions in the |! |article 48 of the law No. 18,834. Article 81.-For all legal purposes, the |! |promotion of officials of the management plant |! |de carrera and the plant of professionals of the |! | Subsecretariats of the Ministry of Health; of the Institute of |! | Public Health of Chile; of the Supply Central |! |of the National System of Health Services and of the |! | Health Services mentioned in article 16 of this |! |legal body, governed by law No. 18,834 and decree |! |law No. 249, of 1974, will be done by internal competitions. The bases of the internal contests will consider |! |four factors, namely: relevant training, |! |performance evaluation, qualified experience and |! |fitness for the job. Each of these factors will have |! |a weight of 25%. For these purposes there will be a conformed committee |! |by the chief of staff or by whom he exercises the functions |! |of such and by those who integrate the Committee of Selection to |! |that refers to article 18 of the law No. 18,834. |! |will also consider participation with a voice |! |of a representative of the association of officials of |! |the professionals who, according to their number of affiliates, |! |have greater representativeness at national, regional level |! |or local, according to corresponds. In the contests will be promoted to the vacant position the |! |official who gets the highest score and in them |! |the professional officials of the |! |plant will be able to participate in the lower grades according to the |! |following table: GRADO VACANT DEGREES THAT MAY PARTICIPATE 5th 6th-10th 6th 7th-10th 7th 8th-10th 8th 9th-11th 9th 10th-12th 10th 11th-13th 11th 12th-14th 12th 13th-15th 13th 14th-16th 14th 15th-17th 15th 16th-17th 16th 17th-18th 17th 18th The contests will be subject to the following rules: 1.-Officials, in a single act, shall |! |postulate one or more of the plants in respect of the |! |which comply with the legal requirements, no |! |specify charges or grades determined within |! |them. 2.-The provision of the vacant posts of each |! plant shall be carried out, in each grade, in order |! |decreasing, according to the score obtained by the |! |applicants. 3.-The vacancies that occur for the effect of the |! |provision of the charges, according to the previous number, |! |will be provided in an act followed, as part of the same |! |contest and following the same rules. 4.-In case of a tie, the officials |! |will be appointed according to the result of the last |! |qualification obtained and, in the event of staying this |! |equality, will decide the respective Head of Service. TITLE VIII Of the envelope Article 82.-Establish that up to 15% of the |! |jobs to be hired from the effective endowment of staff |! |of the health services, mentioned in article 16 |! |of this legal body, will be expressed, for the assimilated |! |the plant of professionals governed by the law Nº |! | 18.834 and decree law No. 249, of 1974, in hours |! |weekly work and will be distributed annually between |! |these agencies by resolution of the Ministry of Health. Health Services will not be able to perform |! |hiring for less than 22 hours. As mentioned in the preceding paragraph, the |! |officials who are hired in |! jobs | 44 hours assimilated to the grades of the plant of |! |professionals, will be able to voluntarily and prior |! |approval of the respective Director of Health Service, |! |reduce your day to 22-hour jobs. In such case, |! |the Service may hire professionals making use |! |of the hours that remain available. The job of professionals to hire 22 hours |! |they will be entitled to perceive in a proportional percentage |! |of 50% the remuneration concepts to which it has |! |right the performance of a job of 44 hours a week, |! |whatever the specific regulation of each |! |of them. A same official may not be hired, in |! |total, for more than 44 hours, effect for which it is |! |shall consider all the appointments it possesses in |! |any organ of the State Administration. Officials hired for 22 hours will not be able to |! |perform in the |! system jobs. As a result, they will not be entitled to |! |perceive the shift assignment that the Title V |! |treats from this Chapter. Article 83.-The qualifying board that will exist in |! |each of the hospitals that integrate the services of |! |health, as established in the sixth indent of the |! |article 30 of the law N ° 18.834, will be integrated by |! |the three officials At the highest level, a |! |exception of the Director of the Hospital, and for a |! |representative of the staff chosen by him. It will be |! |will also consider the participation with right to voice |! |of a representative of the association of officials that |! |corresponds to the plant to qualify that, according to its number |! of affiliates, has greater representativeness at level |! |local. The Director of the Hospital will know of the resource of |! |appeal that can be filed by the official before the |! |resolution of the board of the rating or of the chief |! |direct in the case of the delegate of the staff, according to |! |the established in the article 43 of Law No 18,834. ' |! | ARTICLE 2 °.-Substitute Article 5 of the Health Code by the following: " Article 5.-Each time this Code, the law or the regulation refers to the health authority, it shall be understood by the Minister of Health, in matters of The Ministry of Health, as legal successors of the Health Services and the Health Service of the Environment of the Metropolitan Region, in respect of the privileges and functions that this Code, the law or the regulation is in those authorities and that it will exercise within the the regional territory in question; and the Director of the Institute of Public Health, in relation to the powers that legally correspond to him in respect of the health matters that this Code, the law or the regulation regulates, without prejudice to the officials in whom these authorities have validly delegated their powers. '; Article 3.-Amend Law No 19,490, as follows: 1.-Substitute, in the first paragraph of Article 3, the expression "the Subsecretariat" by "the Subsecretariats". 2.-Substitute the second paragraph of Article 3 ° by the following: " The allowance shall be governed by the provisions of Article 11 of Law No 19,479, with the exception of the values laid down in point (c) of the first subparagraph of that same rule. For the plant personnel and contracts of the Subsecretariats of the Ministry of Health; of the Public Health Institute of Chile and the Central of Supply of the National System of Health Services, governed by Law No. 18,834 and the decree law No. 249, from 1974, this bonus will be 15.5% for 33% of the officials of each plant better evaluated, and 7.75% for the 33% that follows in order of descending evaluation, up to 66%. For plant and contract staff of the National Health Fund, this bonus will be of 10% for 33% of the officials of each plant better evaluated, and 5% for the 33% that will follow in descending order of evaluation, until the completion of the 66%. ' 3.-In Article 4: (a) Substitute, in the first subparagraph, the words "The Deputy Secretary of Health" by "the Deputy Secretaries of the Ministry of Health." (b) Add, in the fourth indent, the following point (.), which shall be followed: " However, The above mentioned above, for the plant personnel and the contracts of the Ministry of Health Subsecretariats; the Public Health Institute of Chile and the National Health Services System Supply Central, governed by the Law No. 18.834 and Decree Law No. 249 of 1974, the bonus for institutional performance will be up to the 15,5%. ' c) Add, the following new point eighth, passing the current incisos eighth and ninth to be ninth and tenth, respectively: " Regardless of the qualification that is obtained, the bonus that treats this article will be perceived by the 100% of the officials of each plant and the officials to hire them assimilated to them. " ARTICLE 4.-Substitute, in the third indent of Article 4 ° of Law No. 19.086, the paragraph relating to the plant of professionals, by the following: "PLANT OF PROFESSIONALS: From grade 18 ° to grade 5 °." ARTICLE 5.-Let it be established that, as of the date of publication of this law, the officials of the professions of Social Assistants, Nurses, Kinesiologists, Matrons, Nutritionists, Medical Technologists, Occupational Therapists and For the purposes of this Regulation, the Commission shall, in accordance with the conditions laid down in Article 3 (2) of Regulation (EEC) No 418/85, provide for the following: Article 6.-Create the Superintendence of Health and fix as its organic law the following: Title I General Rules Paragraph 1 ° Of nature and object o Article 1.-Create the Superintendence of Health, |! |henceforth "the Superintendence", organism |! |functionally decentralized, endowed with personality |! |legal and own patrimony, that will be governed by this |! |law and its regulation, and will relate to the President |! |the Republic through the Ministry of Health. Your home address will be the city of Santiago, without |! |damage to the regional offices that you establish the |! | Superintendent in other cities of the country. The Superintendence will be affecting the System of High |! | Public Address established in law Nº 19.882. |! | Article 2.-Correspond to the Superintendence Superintendence and control to the institutions of health care, in the terms that I point out this law, the law N ° 18,933 and the other legal provisions that are applicable, and to watch for the compliance with the obligations imposed on them by the law, such as the Health Guarantee Scheme, the health contracts, the laws and regulations governing them. Likewise, the Superintendence of Health will supermonitor and control the National Health Fund in all those matters that are strictly related to the rights granted to the beneficiaries of the law N ° 18.469 in the forms of care. institutional, free choice, and what the law establishes as a Health Guarantee Scheme. Likewise, the supervision of all public and private health providers, whether natural or legal persons, with respect to their accreditation and certification, as well as the maintenance of compliance with the standards established in the accreditation. Paragraph 2 ° Of the organization and structure Article 3º.-The Superintendence will be structured |! |organically and functionally in the Intrend of Funds and |! | Health Previsionals and the Intrend of |! | Health Prestors. Officials exercising the |! | Intended charges correspond to the second hierarchical level of |! |the Superintendence, for the purposes of the ARTICLE |! | 30TH SEVENTH of the law N°19.882. Article 4.-An official appointed by the President of the Republic in accordance with the provisions of Law No. 19,882, with the title of Superintendent of Health, shall be the Superior Chief of the Superintendence, and shall have the judicial representation and out of the same. It shall be for the Superintendent, in particular: 1.-Plan, organise, direct, coordinate and control the operation of the Superintendence and exercise, in respect of its personnel, the privileges of its quality as Chief of Service; 2.-To establish regional or provincial offices when the needs of the Service so require and there are budgetary availabilities; 3.-To celebrate the conventions and to execute the necessary acts for the fulfillment of the Superintendence; 4.-Delegate specific powers or powers in civil servants the Superintendence; 5.-To instruct the different units of the Superintendence the functions it deems necessary; 6.-To instruct the operating tasks of inspection or verification of the compliance of the norms of its competence, to third parties 7.-To know and to fail the resources that the law establishes; 8.-To render an annual account of its management, through the publication of a memory and institutional balance, with the object of enable people to carry out a continuous and ongoing assessment of progress and results reached by this, and 9.-The others that establish the laws and regulations. Without prejudice to the faculty of the Ministry of Health to dictate the rules on accreditation and certification of health care providers and quality of health care, the Superintendent may submit to the consideration of that ministry Those of you. TITLE II Of the Intrend of Funds and Insurance Prejudice 1 ° Of the supersurveillance and control of the institutions |! |health care and the National Health Fund Article 5.-The supersurveillance and control of the |! |retirement health institutions that correspond to |! |the Superintendence, will exercise it through the |! | Intrend of Funds and Health Previsionals, |! |in the terms that this law states, law N ° 18.933 and |! |other provisions that is applicable to you. The Superintendence will exercise oversurveillance and |! |the control of the National Health Fund through the |! | Intrend of Funds and Health Visionary Insurance. |! | In relation to the free choice mode, |! |it will be up to that Intendente to watch because the |! |contributions that the affiliates must make to |! |finance the value of the benefits conform to the |! |law, to the regulations and other norms and instructions, and by |! |the correct granting of the health loans, |! |having for it the faculties that establish the |! | paragraphs 2 ° and 3 ° of this Title |! | Paragraph 2 ° Of the supersurveillance and control of the Regime of Guarantees in Health Article 6 °.-It will correspond to the |! | Superintendence the following functions and |! |attributions, which will exercise through the |! | Intrend of Health Pre-visionary Funds and Insurance, |! |regarding the oversurveillance and control of the |! Regime | Guarantees in Health: 1. administratively interpret the laws, |! |regulations and other rules that govern the granting of the |! | Regime, impart general application instructions and |! |dictate orders for their application and compliance; 2.-Fiscalize the legal aspects and |! |financial, for the due compliance of the |! |obligations that establishes the Regime; 3.-Velar for the compliance of laws and |! |regulations that the On the instructions that the |! | Superintendence issue, without prejudice to the faculties |! |that they can correspond to other organisms |! |fiscalizers; 4.-Dictate the instructions of general character |! |that allow for the greater clarity in the stipulations of |! |health contracts and agreements that are signed |! |between providers and health institutions |! |retirement and the National Health Fund, with the object |! |to facilitate their correct interpretation and audit their |! |compliance, corresponding especially to watch for |! |that these conform to the obligations that the |! | Regimen; 5.-Periodically disseminate information that allows |! |to the listed and beneficiaries of the institutions of |! |pension health and the National Health Fund a |! |better understanding of the benefits and obligations that |! |imposes the aforementioned Guaranty Regime and report |! periodically on rules and instructions issued |! |and interpretations formulated by the Superintendence, |! |in relation to the benefits and obligations of the |! |contributors and beneficiaries of health institutions |! |pension and the National Fund Health, regarding the |! | Health Guarantee Scheme; 6.-Require from providers, be public or |! |private, medical records or other records |! |doctors who are necessary to resolve claims |! |medical character presented to the Superintendence |! |by the affiliates or beneficiaries of the institutions |! |audited. The Superintendence will have to adopt the |! |measures that are necessary to maintain the |! |confidentiality of the clinical record; 7.-Require of the providers, both public |! |as private, the information that accredits the |! |compliance of the Regime on access, opportunity and |! quality of the health benefits and benefits that are |! |grant to the beneficiaries, without prejudice to the |! |faculties that may correspond to other agencies; 8.-Receive, derive or absolve, if necessary, the |! |queries and, in general, the presentations you make |! |the contributors and beneficiaries of the institutions of |! |pension health and the National Health Fund; 9.-Dictate mandatory resolutions that |! |allow the effects of acts to be suspended temporarily |! |that affect the benefits to which they are entitled the |! |contributors and beneficiaries, in relation to the Regime |! |of Guarantees in Health and the health contracts; 10.-Require of the State agencies the |! |reports that it deems necessary for the fulfillment of |! |its functions; 11.-Impose the (a) penalties corresponding to |! |compliance with the law, and 12.-Other than those provided for in the laws. Article 7.-The National Health Fund and the pension health institutions shall return the excess paid by the beneficiary in the granting of the benefits, as determined by the Superintendence by resolution, in accordance with the The provisions of the Guarantee Scheme in Health. Such decisions and penalties for the payment of a fine shall be enforceable for all legal purposes, once the resources referred to in the following Articles have been resolved or the period for which they are brought has elapsed. Paragraph 3 Of the controversies between the beneficiaries and the health insurance provisions Article 8.-The Superintendence, through the |! | Intendant of Funds and Health Previsionals, |! |who will act in the capacity of referee arbitor, |! |will resolve the controversies that arise between the |! |pension institutions or the National Fund |! |Health and their contributors or beneficiaries, provided that |! |remain within the sphere of supersurveillance and control |! Superintendence, and without prejudice to |! |that the affiliate may choose to resort to the instance |! |the referred to in Article 11 or to justice |! |ordinary. The Mayor will not be entitled to |! |remuneration for the performance of this function and the |! |parties will be able to act for themselves or for president. The Superintendence, by means of general rules |! |application, will regulate the procedure that must |! |observe in the processing of the controversies, |! that the equality of |! |conditions be respected among the involved, the faculty of the |! |claimant to withdraw from the procedure in any |! |moment and the impartiality in relation to the |! |participants. In the procedure it will be established, in the |! |less, that the referee will hear the interested, will receive and |! |will add the instruments that are presented to him, |! |will practice the actions that he deems necessary for the |! |knowledge of the facts and will give his It failed in the sense |! |that prudence and equity dictate to you. The |! | Health Care and Fund Mayor, once you have become aware of the claim, |! |by itself or by an official you designate, you may quote the |! |affected and a representative of the National |! | Health Fund or the Social security institutions to a |! |reconciliation hearing, in which, will help the |! |parties to seek a solution to their conflict by working as |! |friendly component. The opinions you issue do not |! |will disable you to continue to know about the cause. |! | Article 9º.-Against what is resolved by the Intendente de Fundas y Seguros Previsionales de Salud in his capacity as arbitador arbitor, may be deduced recourse of replacement to the same authority, which must be brought within the fatal period 10 working days from the date of the notification of the arbitral judgment. The aforementioned Intendente must transfer the resource to the other party, for the term of five working days. After the transfer has been completed or after the deadline for doing so, the Intendant of Health and Social Security of Health will have to decide on the appeal within 30 working days. Article 10.-Resolved by the Intendente de Fundas y Seguros Previsionales de Salud-the replacement resource, the affected person may appeal to the Superintendent, within 10 working days of his notification, in order for him to speak in quality. of referee arbitor. The Superintendent must transfer the appeal to the other party for the term of five working days. If the transfer has been completed or the time has elapsed to do so, the Superintendent must decide on the appeal within 30 working days. However, the Superintendent may declare the appeal inadmissible, if the appeal is limited to reiterating the arguments put forward in the reimposition of the previous article. Article 11.-Without prejudice to the faculty of the Intendant of Funds and Health Foresight to resolve the disputes that arise, in the terms of this law, the parties may agree that such difficulty is submitted, in advance, mediation. For the above effect, the Superintendence must have a special register of mediators to which the parties may attend. It shall be up to the Superintendence to lay down, by means of general rules, the requirements to be met by the mediators referred to in this provision and the general rules of procedure to which they are subject and the penalties which may be applied for non-compliance. Such penalties shall be imposed, fined up to 1,000 units of promotion, suspension for up to 180 days or cancellation of the registration. Each party will assume the cost of mediation. TITLE III Of The Intrend of Health Prestors Article 12.-It will correspond to the |! | Superintendence, for the audit of all the |! |health providers, public and private, the |! |following functions and attributions, which will exercise |! |through the Intrend of Health Prestors: 1. Exercise, according to the rules that for such |! |effects determine the regulations and the Ministry of |! | Health, the functions related to the accreditation of |! |institutional providers of health. 2. Authorize legal persons who credit |! |health providers, in accordance with the |! |regulation, and randomly designate the entity that |! |will develop the process. 3. Fisicalize the due compliance by |! |the accrediting entity of the processes and standards of |! |accreditation of the institutional providers of |! |health. 4. Audit the institutional providers |! |accredited in the maintenance of the compliance of the |! |standards of accreditation. 5. Maintain a national and regional registration |! |updated of the institutional providers |! |accredited and of the accrediting entities, as |! |the corresponding regulation. 6. Maintain national and regional records |! |updated from individual health providers, |! |of their specialties and subspecialties, if the |! |have, and of the certifying entities, all this |! corresponding. 7. Perform studies, indexes and statistics |! |related to the accreditations made to the |! |institutional providers and the certifications of the |! |individual providers. Also, report on the |! |sanctions you apply and the accreditation processes or |! |reaccreditation that are in progress. 8. Require from the accrediting bodies and |! |certifiers and health providers, |! |institutional and individual, all the information that |! |is necessary for the fulfillment of its function. 9. Require the entities and bodies that |! |make up the State Administration, the information and |! |collaboration that is relevant to the best development |! |of the functions and attributions that this law assigns to it. 10. To know the claims that the |! |beneficiaries of the laws Nº 18.469 and Nº 18.933, |! |regarding the accreditation and certification of the |! |health providers, both public and private. The Health Presters ' Intrend will not be |! |competent to rule on clinical management |! |individual cases. 11. Impose the necessary penalties, in |! |conformity to the law, and 12. Perform the other functions that the law and the |! |regulations assign to you. The regulatory instruments used in the |! |audit work, by the |! | Superintendence, will be the same for the |! |public and private establishments, according to the |! |regulations in force. Article 13.-The Mayor of Health Prestors, after instruction of the summary procedure regulating the regulation and ensuring the defense of the interests of the parties involved, may request a new evaluation of a provider If I verify that the institution has not maintained compliance with the accreditation standards, a plan of adjustment and correction may be previously agreed. The Mayor may make observations to the director of the establishment on serious misconduct in the performance of the essential tasks of the body, informing the director of the health service and the Undersecretary of Networks. Similarly, in serious cases the superintendent must present the regional secretary, in his capacity as regional health authority, with the need to implement the measures to close or cancel the health authorization for the function. Article 14.-In the case of infractions committed by the accrediting entities, the Intendant of Health Prestors may apply the following sanctions to the entity, according to the seriousness of the fault or its reiteration: 1.-Assembly; 2.- Fine of up to 1,000 promotion units. In the case of repeated infringements of the same nature, within a period of 12 months, a fine of up to four times the maximum amount expressed above may be applied; 3.-Cancellation of registration in the register of entities accrediting, and 4.-The others that authorize the laws and regulations. The fine to be determined shall be compatible with any other penalty. Article 15.-Without prejudice to the powers of the Ministries of Health and Education established in Article 4 (13) of Decree Law No 2,763 of 1979, the Superintendence may propose to the Ministry of Health the incorporation or revocation of the recognition granted to a specialty certification body. TITLE IV Of the rules common to both trends Article 16.-In case of non-compliance with the Regime |! |of Guarantees in Health for cause attributable to a |! |official, the Superintendence shall require the |! | Director of the National Health Fund for The corresponding administrative summary, without prejudice |! |of the obligations that on this matter possess said |! |director and the Comptroller General of the Republic. Also, you may require the Minister of Health to |! |order the instruction of administrative summaries in |! |against the Director of the National Health Fund, the |! | Director of the Health Service or the Director of the |! | Public Health Establishment respective, when |! |these do not mean compliance with the instructions or |! |opinions issued by the Superintendence in use of |! |their legal attributions. In the case of private health establishments |! |a fine of up to 500 |! |promotion units, which can be raised up to 1,000 |! |units of promotion if there is reiteration within the |! |term of one year. In the latter case, the |! | Superintendence must publish that sanction. |! | Article 17.-In order to fulfill the functions and privileges established by this law and the others entrusted to it by the laws and regulations, the Superintendence may, through the respective Intendence, inspect all operations, goods, books, accounts, archives and documents of the institutions, which are held by the bodies or establishments audited, and require them or their administrators, advisers, auditors or staff, the background and explanations provided by the judged necessary for your information. You may also request the delivery of any document or book or antecedent that is necessary for the purpose of audit, without altering the normal development of the activities of the affectat o. Except for exceptions authorized by the Superintendence, all books, files and documents of the audited entities must be permanently available for examination at their home or at the principal place of their business. In addition, it may cite the heads, representatives, administrators, directors, advisers, auditors and dependents of the audited entities or persons whose knowledge it deems necessary for the performance of their duties. They shall not be obliged to declare the persons referred to in Article 361 of the Code of Civil Procedure, to which the Superintendence shall request a written declaration. Finally, it may ask the health institutions to provide for the execution and presentation of balance sheets and financial statements on the dates it deems appropriate. Article 18.-The members and beneficiaries of the laws N ° 18.469 and N ° 18.933 may only deduct administrative claims against the respective Intendence against the National Health Fund, the pension institutions or the providers of health, once such claims have been known and resolved by the entity that corresponds, in writing or in writing or by electronic means, unless their nature requires or permits another more appropriate form of expression and constancy. If the Intrend in question receives a claim without compliance with the above mentioned above, the latter will proceed to send the claim to whom it corresponds. The Superintendence will determine, through rules of general application, the procedure to be followed in the cases mentioned in the previous paragraph. Article 19.-The Superintendence, for the application of the sanctions which may proceed, shall be subject to the following rules: 1. The procedure may be initiated on its own initiative or at the request of a party. 2. A report shall be requested from the affected member, which shall have ten working days to make his or her discharge from notification. 3.-After that period, with the discards or without them, the respective Mayor will dictate a resolution founded on solving the matter. 4.-Against the resolve of the respective Intendant, the resources referred to in the law will proceed. Article 20. The notifications made by the Superintendence shall be made in accordance with the rules laid down in Law No 19,880 on the basis of administrative procedures. Furthermore, in the arbitral or administrative proceedings and in the provision of general or specific instructions, the use of electronic means may be considered, in which case they shall be subject to the rules of laws No 19,799 and No 19,880, as appropriate. TITLE V Final provisions Article 21.-The Superintendence shall have, for |! |all legal effects, the character of institution |! |audit, in the terms of Title I of decree |! |law No. 3,551, of 1981. In matters of remuneration, they will be applicable to |! |the Superintendence the articles 17 of the law Nº 18.091 |! |and 5 ° of the law Nº 19,528. To this effect, the |! | Superintendent must report annually to the Minister |! |of Finance. Article 22.-The staff of the Superintendence shall be governed by the Administrative Staff Regulations and, in particular, the one who fulfils the oversight functions shall be affected by Article 156 of that legal text. The personnel employed by the Superintendency may perform functions of a managerial or managerial character, which will be assigned, in each case, by the Superintendent. Staff who are assigned to such tasks may not exceed 5% of the staff employed by the institution. Article 23.-The Superintendence of Health shall be considered, for all legal purposes, legal continuator of the Superintendence of the Institutions of Health Care referred to in Law No. 18,933, with all its rights, obligations, functions and attributions that are compatible with this law. The references that the laws, regulations and other legal norms make to the Superintendence of Institutions of Health Care will be understood to the Superintendence of Health. Article 24. The patrimony of the Superintendence shall consist of: 1.-The contribution to be provided for each year in the Law on Budgets; 2.-The resources granted by special laws; 3.-The movable and immovable property, body and incorporation which be transferred or acquired to any degree. The movable and immovable property of the Superintendence of the Institutions of Health Care will be understood transferred in dominion to the Superintendence of Health by the only ministry of the law. In order to practise the entries and entries in the respective registers, the Superintendent shall give a decision on the individual goods which are transferred pursuant to this provision; in the case of the real estate, the resolution will be reduced to public deed and the transfer will be perfected by the corresponding inscription of the resolution in the Register of Property of the corresponding Real Estate Conservative. 4.-The fruits of his property; 5.-The donations that are made to him and the inheritances and legacies that he accepts, which he must do with the benefit of inventory. Such hereditary donations and allowances shall be exempt from any kind of tax and any charge or payment affecting them. Donations will not require the process of insinuation; 6.-The income you receive for the services you provide, and 7.-The contributions of the international cooperation that you receive to any title. The fines applied by the Superintendence will be for tax benefit. Article 25.-Deroganse, to count from the date of creation of the Superintendence of Health, the following legal norms: the article 1 °, the numeral 5 of the article 3 ° and the articles 8 °, 9 °, 10, 15, 15a and 16 of the law N ° 18.933. " Article 7.-The withdrawal allowance provided for in Title II of Law No 19,882 shall not apply to personnel belonging to the health facilities of an experimental nature. These personnel shall be subject to the rules laid down in the first transitional article of this Law. Article 8.-Amend Law No 19.378, as follows: a.-Intercalase, in the first paragraph of Article 49, between the phrase "Health Services" and the word "corresponding" the phrase "and through the municipalities". b.- Incorporate the following Article 55a, new: " Article 55a.-Any transfer of public resources to the administrative entities shall be made through the respective municipality and shall be reflected in the budget in the balance sheet referred to in Article 50. '; Transitional provisions Article 1.-Plant officials and a |! |contracts governed by law No. 18.834 and decree law |! | No. 249, 1974, which perform in any of the |! |health services mentioned in article 16 of the |! |decree Law No. 2,763, 1979; in the Subsecretariats of the |! | Ministry of Health, in the Institute of Public Health of |! | Chile and in the Central System of Supply of the System |! | National Health Services; as well as the |! health of |! |experimental character, over sixty years of age, |! |if they are women, and of sixty and Five years, if they are |! |men, who, after ninety days after |! |the publication of this law and until September 30 |! |of 2005, submit their voluntary resignation, will have |! |right to receive a one-month compensation from the |! |average of the last 12 taxable payoffs, |! |updated according to the Consumer Price Index |! |determined by the National Statistics Institute, |! |for each year of service and fraction higher than six |! |months lent to some of the designated bodies, |! |with an eight-month ceiling of such remuneration. The amount of this benefit will be increased by a |! |month for those officials whose salaries |! |taxable are less than $291,728 monthly and in a |! |month for those who have, to the date of publication |! |of the law, more than sixty and three years if they are women and |! |more than sixty-eight years of men. The |! |functionaries will be entitled to an additional month of |! |indemnity. In no case will this benefit be greater than eleven |! |months of the remuneration indicated. To access this benefit, officials |! |must meet the conditions outlined in the |! first article of this article to the date of publication of |! |this law. Between that date and December 31, 2004, |! |will be able to access this benefit 2,494 officials, |! |privileged those of lower incomes and greater age. |! | Those officials who, meeting the requirements |! |above, do not qualify for this benefit |! |before December 31, 2004, they will be able to do so until |! |on September 30, 2005. The cupos that were not |! |used in the first concession period of the |! |benefit, will be cumulative for the following period. Without prejudice to the foregoing paragraph |! |above, you may also avail of this benefit |! |those officials who, exceeding the above quotas |! |indicated, comply with the requirements or conditions |! |set forth in the above and above are found |! |registered at September 30, 2005 in the register which |! |the effect will establish the regulation. These officials |! |will access the compensation between that data and the 31 of |! |December of the same year. This indemnity will not be taxable or will constitute |! |rent for any legal effect. A regulation dictated by the Ministry of Health, the one that |! |will also be subscribed by the Minister of Finance, |! |will determine the calendars of bid and payment, the |! |mechanisms for the bestowal and the others |! |disposition is necessary for the implementation of this |! |benefit. The officials who cease in their jobs by |! |application of the provisions in this article, will not be able to |! |be appointed or hired assimilated to grade or to |! |fees in any of the organizations mentioned in this |! |article, during the five years following the term |! |of your employment relationship, unless previously |! |return the entire perceived benefit, |! |expressed in promotion units, plus interest |! |stream for readjustable operations. Article 2.-The allocation of development and |! |stimulus to the collective performance established in the |! |article 61 of Decree Law No. 2.763, 1979, is |! |grant according to the following timetable: (a) For the year 2003:-base component 2.75%- variable component 0% (b) For the year 2004:-base component 3.85%-variable component, up to 1.65% (c) For the year 2005:-base component 4,95%-variable component, up to 3,3% d) Since 2006: -base component 5.5%-variable component, up to 5.5% During the year 2004, by concept of the component |! |variable, will be paid to the beneficiary staff a sum |! |equivalent to 1.65% of the remuneration that they serve you |! |base of calculation. For these purposes, and only for that |! |year, the fulfillment of the corresponding |! |sanitary goals will not be required. Article 3.-The component by accreditation |! |individual referred to in Articles 64, 65 and 66 |! |of Decree Law No. 2,763, 1979, will be implemented |! |gradually between 2003 and 2006, according to the |! |following table of progressiveness: Years of service of the official Year 2003 Year 2004 Year 2005 Year 2005 Year 2006 Up to 3 years 2.75% 3% 3% 3% 3% 3 years and up to 6 years 2.75% 3.75% 4% 5% Over 6 years and up to 9 years 2.75% 3.80% 4.75% 5.5% Over 9 years 2.75% 3.85% 4.95% 5.5% accreditation to which the |! |articles 64, 65 and 66 of decree law No. 2,763, 1979, |! |will begin to operate in 2005. However, in the case |! |of the officials who have nine or more years of |! |service to the date of publication of this law, said |! |process will be understood approved by the only ministry of |! |this law. In the years 2003 and 2004, the component will be paid |! |all the officials mentioned in article 64 of the |! |mentioned decree law, without the need to credit, |! |according to the table above. Article 4.-The compliance component |! |annual health goals and attention enhancement |! |provided to users referred to |! |articles 64, 65 and 67 of decree law No. 2,763, 1979, |! |will be granted during the years 2003 to 2006 according to the |! |following table: Percentage of compliance 2003 2004 2005 2006 90% or more 0% 1.65% 3,3% 5,5% Between 75% and less than 90% 0% 0,83% 1,65% 2,75% During the year 2004, by component |! |associated with annual compliance health goals, is |! |will pay the beneficiary staff a sum equivalent to the |! | 1.65% of the Salaries that serve as the basis of |! |calculation. For these purposes, and only for that year, it will not be |! |will demand the fulfillment of the health goals |! |corresponding. Article 5.-The allocation of stimulus to the |! |function directive, set out in article 68 of the |! |decree law No. 2,763, 1979, will be granted for the |! |officials noted in numbers 1 and 2 of the same |! |article, gradually during a period of three |! |years, according to the following timetable: -year 2004: up to 5.5%-year 2005: up to 8.25%-year 2006: up to 11% Article 6.-The allocation of stimulus to the function of the Directive, as laid down in Article 68 of Decree Law No 2,763 of 1979, shall be granted to the officials identified in the Article 3 of the same Article, in a gradual manner, for a period of three years, in accordance with the following timetable: a) Year 2004: up to 5.5%, according to the following distribution: up to 4% for obtaining the quality of "Establishment of Self-Management in Network" of its dependent establishments and the fulfilment of the requirements required for the establishments dependent on less complexity; and up to 1.5% on compliance with the health goals of the primary health administrative entities located in the respective jurisdictional territory of the Service, and their establishments where appropriate. The percentage payable shall be determined in accordance with the rules laid down in Article 69 of Decree Law No 2,763 of 1979. b) Year 2005: up to 8.25%, according to the following distribution: up to 6% for obtaining the quality of "Establishment of Self-Management in Network" of its dependent establishments and the fulfilment of the required requirements for the dependent establishments of less complexity; and up to 2.25% on the fulfilment of the health goals of the primary health administrative entities located in the respective jurisdictional territory of the Service, and their establishments where appropriate. The percentage payable shall be determined in accordance with the rules laid down in Article 69 of Decree Law No 2,763 of 1979. (c) Year 2006: up to 11%, in accordance with the rules laid down in Article 69 of Decree Law No 2,763 of 1979. Article 7.-Amendments to the law No |! | 19,490, contained in numerals 2), with the exception |! |of the staff of the National Health Fund, and 3), letter |! |b), of article 3 of this law, shall be granted in |! |gradual, during a Four-year period, |! |according to the following timetable: 1) Bonification of stimulus for official performance: a) For 33% of the officials of each plant better evaluated: (i) year 2003: 12,75% (ii) year 2004: 13,85% (iii) year 2005: 14,95% (iv) year 2006: 15,5% (b) For officials to follow in order |! |downward assessment, to complete 66% better |! |evaluated for each plant: (i) year 2003: 6,38% (ii) year 2004: 6.93% iii) year 2005: 7.48% iv) year 2006: 7.75% 2) Bonification for institutional performance: The |! |fulfillment of the goals of the previous year will give |! |right to the officials: (a) year 2003: up to 12,75% (b) year 2004: up to 13,85% (c) year 2005: up to 14,95% (d) year 2006: up to 15,5% Article 8.-The allocation of duty and the compensatory allowance referred to in Articles 72, 73 and 74 respectively, All of Decree Law No. 2,763, 1979, and the thirteenth transitional of this law, respectively, will begin to rule on the first day of the month following that of the publication in the Official Journal of the decree with force of law to which the (j) the transitional Article twenty-second article of this law, in respect of personnel integrating the system of rotating shifts covered by four officials. For officials who integrate the rotating shift system covered by three officials, the corresponding shift allowance and compensatory allowance will begin to apply according to the following timetable: 1. In 2004, the same amounts will be paid for the same amount as for the same amount as for the same amount as for that date. officials. The difference corresponding to the greatest number of hours worked shall be regarded as extraordinary work and paid in accordance with the rules in force, not applying, in this case, to Articles 73, second, and 75, both of which Decree Law No 2.763 of 1979. 2. From the second half of 2005, the amounts will be paid which, by that date, has determined the decree with force of law referred to in point (j), of the article twenty-second transitory of this law, for the assignment in which the turn is composed of three officials, having become fully applicable as set out in Articles 73, second indent, and 75, both of Decree Law No 2,763 of 1979. The corresponding compensatory allowance shall be paid in accordance with the rules contained in the transitional article of this legal body. Without prejudice to the foregoing, to the date of publication of this law, and as long as the assignment of duty referred to in this article does not apply in all its terms, the third and fourth shifts shall be continued. in accordance with the provisions of Article 93 (c) of Law No 18,834, not being applied in its respect as referred to in Articles 73, second, and 75, both of Decree Law No 2,763 of 1979. Article 9.-Article 76 of the Decree Law No. |! | 2,763, 1979, will begin to apply to the first |! |day of the month following the publication in the Journal |! | Official of the respective regulations. For the first year, |! |total quotas at the national level and the annual amount per |! | Establishment will be allocated according to the |! |classification of complexity of the establishments |! |current at the time of publication of this law, |! The following table: Type of |! | Set-Up Top quotas by |! | Establishment Annual maximum amount by Establishment Annual average annual per person HOSPITAL TYPE 1 13 $7,540,000 $580,000 HOSPITAL TYPE 2 12 $5,460,000 $455,000 HOSPITAL TYPE 3 9 $3,366,000 $374,000 HOSPITAL TYPE 4 2 $424.00 $212,000 Urban General Consultoires and Rural; 1 $212,000 $212,000 Health Reference Centers (CRS); Therapeutic Diagnostic Centers (CDT). 1 $212,000 $212,000 The amount of benefits set in this |! |article correspond to values in force at 30 of |! |November 2002, and will be readjusted in the same |! |percentages and opportunities that have been determined and |! |be determined for sector remunerations |! |public. Article 10.-The system of promotion by means of internal competition referred to in article 81 of Decree Law No. 2,763, 1979, shall begin to operate one hundred and twenty days after the publication of the present law, in respect of all vacant positions existing at that date, except for the degree of commencement of each plant, which shall remain regulated in accordance with the general rules. Without prejudice to the provisions of the foregoing paragraph, and until the time limit laid down therein, the promotion of the officials referred to in Article 81 of Decree Law No 2,763 of 1979 shall be governed by the provisions of the Articles 48 to 54 of Law No. 18,834, in force before the date of publication of Law No. 19,882. Article 11-The process of accreditation of powers referred to in Article 80 of Decree Law No 2,763, 1979, shall begin to operate at a rate of one hundred and eighty days after the publication of this law. With the result of this process, which will evaluate the factors of qualified experience, weighted qualification and training, the scale of merit that will govern during the following year will be made. Without prejudice to the provisions of the foregoing paragraph, and until 1 January 2005, the promotion of the officials referred to in Article 80 of Decree Law No 2,763 of 1979 shall be governed by the provisions of Articles 48 to 54 of the Law. No. 18,834, in force before the date of publication of Law No. 19,882. Article 12-Regulations referred to in Article 63 (2), second indent of Article 66, Article 70 and Article 77 (2), all of Decree Law No 2.763 of 1979, shall be made within the meaning of Article 66 (1) of the Treaty. one hundred and eighty days after the date of publication of this law. Article 13-Staff to which Article 72 of Decree Law No 2,763 of 1979, which is in office at the date of publication of this Law, is applied, shall be entitled to a non-taxable allowance intended to compensate for the deductions for pension and health contributions to which the allowance is affected, the amount of which shall be the amount to be applied by the following percentages on the value of the allowance, depending on the system or the pension scheme (a) 20.5% for the members of the system of Decree Law No. 3,500 of 1980. b) 25.62% for members of the general scheme of the former National Fund of Public Employees and Journalists, Public Employees Section. c) 21.62% for the members of the pension scheme of the former National Fund of Public Employees and Journalists, with a reduction of the impositions of Article 14 (a) of the decree with force of Law No. 1,340 bis, of 1930. For the staff affiliated to a system or pension scheme other than those indicated, such a bonus shall be equivalent to the sum of the health and pension contributions which, in respect of the allowance referred to above, corresponds to the worker. This compensatory allowance shall be calculated in accordance with the limits of the eligibility laid down by the legislation in force. Article fourteenth.-Concedese, by a single |! |time, an advance of the base component of the allocation of |! |development and encouragement to the established collective performance |! |in articles 61 to 63 of decree law N ° 2,763, of |! | 1979, to be paid in a single quota in the course of the |! |month following that of the publication of this law, |! |the one that will benefit the officials that said |! |provisions indicate that they are located between |! |the degrees 19 ° and 28 ° of the Single Scale, both |! |inclusive, and whose amounts will be equivalent to the |! |application of the percentages indicated to |! |continuation. This advance will not be attributable to the |! |increase in income resulting from the |! |provision in the second transitional article of this law:-Grades 19 ° to 22 °: 2.38%-Grades 23 ° to 28 °: 3,81% The above percentages shall apply on the |! |values in force the month before the publication of the |! |present law of the annualised remuneration which |! |serve as a basis of calculation to this allocation, of |! |compliance with the provisions of article 62 of the |! |decree law Nº 2,763, of 1979, plus bonus |! |granted by article 21 of the law N°19,429, when |! |corresponds. The benefit set forth in the above paragraph |! |will also apply, for once, to staff |! |noted in article 3, number 3, letter b) of this |! |law, under the same conditions, deadlines, attributes, |! |degrees and percentages that are set out in this article. |! | Article fifteenth.-Without prejudice to the |! |established in article 25 A of the decree law N ° |! | 2,763, 1979, the following Establishments will have |! |the quality of "Establishment of Self-Management in Network", |! |with the attributions and The conditions set out in Title |! | IV of Decree Law No. 2,763, 1979, when they comply with the |! |requirements laid down in the regulations stated in the |! |mentioned article: N ° COMUNA ESTECTO 1 ANGOL HOSPITAL ANGOL 2 ANTOFAGASTA REGIONAL HOSPITAL DE ANTOFAGASTA DOCTOR LEONARDO GUZMAN 3 ARICA HOSPITAL DOCTOR JUAN NOE CREVANI 4 CASTRO HOSPITAL CASTRO 5 CHILLAN HOSPITAL HERMINDA MARTIN 6 CONCEPTION HOSPITAL GUILLERMO GRANT BENAVENTE 7 COQUIMBO HOSPITAL COQUIMBO 8 COLONEL HOSPITAL COLONEL 9 COYHAIQUE HOSPITAL COYHAIQUE 10 CURICO HOSPITAL CURICO 11 INDEPENDENCE HOSPITAL ROBERTO DEL RIO 12 INDEPENDENCE NATIONAL INSTITUTE OF CANCER 13 INDEPENDENCE HOSPITAL SAN JOSE 14 IQUIQUE HOSPITAL DOCTOR ERNESTO TORRES GALDAMES 15 LA SERENA HOSPITAL LA SERENA 16 LINARES HOSPITAL LINARES 17 LOS ANDES HOSPITAL SAN JUAN DE GOD DE LOS ANDES 18 LOS ANGELES LOS ANGELES HOSPITAL VICTOR RIOS RUIZ 19 LOTA HOSPITAL LOTA 20 MELIPILA HOSPITAL MELIPILLA 21 OSORNO HOSPITAL OSORNO BASE 22 OVALLE HOSPITAL OVALLE 23 PENALOLEN HOSPITAL DOCTOR LUIS TISNE BROUSSE 24 PROVIDENCE INSTITUTE OF NEUROSURGERY 25 PROVIDENCE HOSPITAL DEL SALVADOR 26 PROVIDENCE HOSPITAL LUIS CALVO MACKENNA 27 PROVIDENCE INSTITUTE OF GERIATRICS PRESIDENT EDUARDO FREI MONTALVA 28 PROVIDENCE INSTITUTE PEDRO AGUIRRE CERDA 29 PROVIDENCE NATIONAL INSTITUTE OF THE THORAX 30 BRIDGE HIGH HOSPITAL DOCTOR SOTERO DEL RIO GUNDIAN 31 PUERTO MONTT HOSPITAL PORT MONTT 32 PUNTA ARENAS REGIONAL HOSPITAL DOCTOR LAUTARO NAVARRO AVARIA 33 QUILLOTA HOSPITAL SAN MARTIN 34 QUILPUE HOSPITAL QUILPUE 35 FIFTH NORMAL HOSPITAL SAN JUAN DE GOD 36 FIFTH NORMAL HOSPITAL FELIX BULNES 37 RANCAGUA REGIONAL HOSPITAL OF RANCAGUA 38 RECOLETA PSYCHIATRIC INSTITUTE DOCTOR JOSE HORWITZ BARAK 39 SAN ANTONIO HOSPITAL CLAUDIO VICUNA 40 SAN CARLOS HOSPITAL SAN CARLOS 41 SAN FELIPE HOSPITAL SAN CAMILO 42 SAN FERNANDO HOSPITAL SAN JUAN DE GOD DE SAN FERNANDO 43 SAN MIGUEL HOSPITAL BARROS LUCO TRUDEAU 44 SAN MIGUEL HOSPITAL EXEQUIEL GONZALEZ CORTES 45 SANTIAGO HOSPITAL ASSISTANCE PUBLIC 46 SANTIAGO HOSPITAL PAULA JARA BURNED SANTIAGO INSTITUTO TRAUMATOLOGICO DOCTOR TEODORO GEBAUER 48 TALCA HOSPITAL TALCA 49 TALCAHUANO HOSPITAL LAS HIGUERAS 50 TEMUCO HOSPITAL TEMUCO 51 TAKE HOSPITAL TAKE 52 VALDIVIA HOSPITAL VALDIVIA 53 VALPARAISO HOSPITAL CARLOS VAN BUREN 54 VALPARAISO HOSPITAL VALPARAISO 55 VICTORIA HOSPITAL VICTORIA 56 VINA DEL MAR HOSPITAL GUSTAVO FRICKE The Establishments noted in this article that |! |have not been rated as "Establishment of |! | Self-Management in Network" at 31 January 2010, will pass |! |to have such quality to count from that date, by the only |! |law ministry, and will be will be governed by the |! |rules set forth in the aforementioned Title. The staff |! |directors of these establishments will be entitled to the |! |remuneration benefits set forth in the article |! | 68 of decree law No. 2,763, 1979, associated with the |! |compliance with the standards set in the |! |article 25 G, when the setting meets those |! |standards. Article 16.-The largest expenditure representing the implementation of this law will be financed from the budget of the Ministry of Health. Notwithstanding the foregoing, the Ministry of Finance, under item 50-01-03-25-33.104 of the budget heading of the Treasury, may supplement that budget in the portion of the expenditure that cannot be financed from these resources. In any event, the benefit set out in the third indent of the transitional Article 14 shall be financed by internal reallocations of the budgets of the institutions concerned. Article seventeenth.-The President of the Republic shall be empowered to, within a period of one year, counted from the date of publication of this law, by means of a decree with force of law issued by the Ministry of Health, which must also be signed by the Minister of Finance, set the recast, coordinated and systematized text of the laws N ° 18.469 and Nº 18.933. Article 18 (8).-The rules of this law shall enter into force on 1 January 2005, with the exception of Article 1 (34), in Articles 3, 4, 5 and 7, and in the transitional provisions. Article 19.-The President of the Republic, by decree issued through the Minister of Finance, will make up the first budget of the Superintendence of Health. The expenditure arising from the new plants to be fixed, the payment of the payment and the transfer of staff from other institutions which are available, may not exceed the sum of the remuneration paid to the staff of the Superintendence of Health Institutions Pension institutions plus those of the staff transferred under the new remuneration scheme to be affected by the transfer, whatever the legal quality of these personnel, all considering its full year effect. Article 20-The provisions of the final paragraph of Article 4 (13) of Decree Law No 2,763 of 1979 shall not apply as long as the rules on the accreditation of the corresponding programmes do not apply. Article twenty-first.-The President of the Republic shall be empowered to A period of one year since the publication of this law, by means of a decree with force of law issued by the Ministry of Health, establishes the consolidated, coordinated and systematized text of Decree Law No. 2,763 of the year 1979. Article twenty-second.-The President of the Republic shall be empowered to establish, within a period of one year from the date of publication of this law, by means of one or more decrees with the force of law issued by the Ministry Health, which must also be signed by the Minister of Finance, the necessary rules to regulate the following matters: a) To set up the staff plant of the Assistant Secretariat for Assistant Networks. The pigeonhole in this plant will include only personnel from the Health Secretariat. b) Set the staff plant of the Superintendence of Health. The pigeonhole in this plant may include personnel from the Health Services Secretariat, Health Services and the Superintendence of Health Care Institutions. In any case, the officials who are the plant-holders of the latter institution must be pigeonholed in the first place. c) To set up the plant of the Public Health Secretariat. The pigeonhole in this plant will include personnel from the Health and Health Services Secretariat. In any case, the officials who are the head of the Health Secretariat's plant will need to be pigeonholed in the first place. The Undersecretary of Public Health will be the legal continuator of the Health Undersecretary, for all legal effects. (d) The plants of the Subsecretariats of the Assistant and Public Health Networks shall contain at least two positions of division chief each. e) The functional areas that will be the responsibility of the Ministry of Health through the internal structures of its Subsecretariats, will be associated, at least, to care networks, human resources, planning and budget, prevention and control of diseases, public policies in health and administration and internal service. f) Modify the plant of the National Health Fund, which will be increased by the transfer of personnel who fulfill the functions of authorization and payment of incapacity for work in the Health Services, as a result of the exercise of the faculty referred to in point (g) of this Article. (g) to order the transfer of plant-holder officials and to contracts between the institutions referred to in points (a), (b), (c) and (f) above, without altering the legal quality of the designation and without any continuity solution, and the transfer of the resources that are released by this fact. The transfer of the titular staff, and of the positions they serve, shall be carried out in the same degree as they had at the date of the transfer, unless it occurs between institutions assigned to different scales of basic salaries, in which case make the level closest to the total remuneration paid by the official transferred. At the same time, the position of the official who was transferred shall be deemed to be abolished in full at the plant of the institution of origin. (h) Modify the plants of the health services which shall be reduced by the transfer of the staff fulfilling the duties of a health authority, as a result of the exercise of the power referred to in points (b), (c), (f) and (g) of this Article Article. (i) Establish the additional rules to Article 13a of Law No 18,834, in respect of the plant-derived pigeonings that it establishes in accordance with the privileges established in this article. Likewise, in the exercise thereof, it may lay down the requirements for the performance of the charges, their denominations, the hierarchical levels for the purposes of the application of Law No. 19,882, the dates of validity of the plants, the allocations maximum staff and all the necessary standards for the proper structuring and operation of the plants to be fixed. (j) The use of the powers referred to in this Article shall be subject to the following restrictions, in respect of the staff concerned: -No, it may not be considered as a cause of service termination, charges, termination of duties or termination of the employment relationship of the staff who have been transferred and from which they are not transferred. -It may mean loss of employment, reduction of salaries, modification of the statutory and pre-viewing rights of the staff transferred and of the one that does not pass. It shall also not be able to import change from the usual residence of officials outside the Region in which they are providing services, except with their consent. -Any difference in remuneration will have to be paid by additional payroll, which will be absorbed by future remuneration improvements that correspond to the officials, except for the general readjustment derivatives that are granted to workers in the public sector. Such a template shall maintain the same amount of imputability as that of the remuneration it compensates. -Located officials shall retain the age allowance they have recognised, as well as the time taken for such recognition. -It may not be possible to modify the sum of the maximum amounts of personnel that have to date of publication of this law the Ministry of Health and the institutions and services dependent or related to it, without prejudice to the creation of the charges Assistant Secretary for Health Care Networks, Mayor of the Funds and Health Previsionaries and Mayor of Health Prestors. (k) Establish the procedure for determining the amount to be collected by the staff by way of the shift allowance referred to in Article 72 of Decree Law No. 2,763 of 1979. It shall also fix the maximum number of officials who may receive the shift allowance and the compensatory allowance in respect of the system of three and four persons respectively during the first financial year of validity. (l) Determine the date of removal of the Health Service of the Environment of the Metropolitan Region, which in no case may exceed two years from the date of publication of this law, establish the destination of its resources and the transfer of its personnel, which shall be carried out to the Ministry of Health. As long as the Service is not abolished, the officials will continue to be remunerated by the system which legally corresponds to the date of publication of this legal body, as well as the rules contained in Title VII of the Decree Law No 2,763 of 1979 and the first, seventh and 11th transitional articles of this Law. Such officials shall also be entitled to the pecuniary increases laid down in the seventh and fourteenth transitional articles of this law. Article twenty-third.-The President of the Republic, by decree issued through the Ministry of Finance, will make up the budget of the Assistant Secretary of the Assistant Network, the Public Health Secretariat, the Health Services and the Superintendence of Health, and will transfer to them the funds of the entities that transfer personnel or goods, necessary for them to fulfill their functions, being able to the effect to create, to delete or to modify the allocations, item and budget glosas that are ". And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, January 30, 2004.-JOSÉ MIGUEL INSULZA SALINAS, Vice President of the Republic.-Pedro García Aspillaga, Minister of Health.-Maria Eugenia Wagner Brizzi, Minister of Finance (S.). What I transcribe to you for your knowledge.-Salutes intently to Ud., Ricardo Fabrega Lacoa, Undersecretary of Health (S.).