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Amendment Of The Act On Health Services

Original Language Title: změna zákona o zdravotních službách

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147/2016 Sb.



LAW



of 20 December. April 2016,



amending Act 372/2011 Coll., on health services and

the conditions governing their provision (law on health services), as amended by

amended



Parliament has passed the following Act of the United States:



Article. (I)



Amendment of the Act on health services



Act 372/2011 Coll., on health services and conditions of their

provision (law on health services), as amended by Act No. 167/2012

Coll., Constitutional Court, declared under no. 437/2012 Coll., Act No.

66/2013 Coll., Act No. 303/2013 Coll., Act No. 60/2014 Coll., Act No.

205/2015 Coll. and Act No. 47/2016 Coll., is amended as follows:



1. in section 19 para. 4 the first sentence after the word "security", the words "

, the relevant Chamber ".



2. in section 70 para. 1, letter a) is added:



") to handle the data on health status of the population, on the activities of

providers and their economy, on health care workers and

other professional workers in the healthcare and medical disbursements

services covered by public health insurance, and for the purpose of

obtain information about the extent and quality of health services,

for health management and health policy-making, including the provision of

transparency of provision and financing of health services,

ensuring equal access to health services and evaluation indicators

the quality and safety of health services, ".



3. in section 70 para. 1 letter c) is added:



"(c)) to the leadership of the national registry, the national registry of providers

health care workers and the national registry of paid health

services and the processing of data held by them, ".



4. in section 70 para. 1 (b). f), the words "referred to in points (a) and (d)))"

replaced by the words "in accordance with subparagraphs) and (d)) as well as in the registers referred to in points

(b)), and (c)) ".



5. in section 70 para. 2 (a). and (4)) the words "of the patient, if it is a disease of the

profession "shall be replaced by the words", in which the patient, in which the disease

the profession was established, most recently worked for the conditions under which the disease from the

the profession arises ".



6. in section 70 paragraph 3 reads:



"(3) the Ministry shall set up Institute of health information and statistics

The Czech Republic (hereinafter referred to as "Statistical Institute") as an organizational folder

of the State to carry out its tasks in the area of national health

information system under this Act and the Act on State statistics

the service. The Statistical Institute is the administrator of the national health

information system. ".



7. in section 70 para. 4 at the end of the text of subparagraph (a), the words ");

providers who are also intelligence, information to the

The national health information system, do not pass ".



8. in section 70 para. 4 (b). (b)), the words "national reference centre and"

shall be deleted.



9. in section 70 para. 4 (b). (c)), for the words "data collected under"

the words "this Act or".



10. in section 70 para. 4 (b). (e)) at the end of the text of point 2, the words

"(hereinafter referred to as" accredited "device)".



11. in section 70 para. 5 (b). (b)) the words "Ministry of or authorized

legal person "is replaced by" Statistical Institute and the Ministry ".



12. in section 70 is at the end of paragraph 6, the words "and in the structure of

According to the data interface. The Statistical Institute will publish the data interface on the

their website ".



13. In the title of § 71 the word "Ministry" is replaced by

"the Statistical Institute".



14. in § 71 para. 1, in the introductory part, the words ' provision provides

the Ministry "are replaced by the words" provide the Statistical Institute "and the words

"and for the performance of State administration" shall be deleted.



15. In § 71 para. 7, the word "Department" shall be replaced by "Statistical

the Institute "and the words" health services "shall be deleted.



16. in § 71 para. 8, in the introductory part of the provisions for the word "its" is inserted

the word "written".



17. in § 71 para. 8 (a). (d)), and (e)), after the word "stay", the words "

, the name or names, and last names ".



18. in § 71 para. 9 (a). e), the words "health services" be deleted.



19. in § 71 para. 10, the words "the Ministry or his authorized administrators

The national registry of providers "are replaced by the words" to the statistical

the Institute ".



20. In § 71 paragraph 12 reads as follows:



"(12) the Statistical Institute passes data granted in accordance with paragraphs 2

to 5 and 10 providers and health insurers to fulfil their functions

on the basis of their application. The application provider or health

insurance and the information transmitted by the Statistical Institute on the basis of this

requests are forwarded to the manner allowing remote access. ".



21. in § 71 para. 13 at the end of the text of subparagraph (a)) the following words "or

health insurance companies ".



22. in § 71 para. 14, the words "the Ministry verifies applicant in it kept

the registry providers, "shall be replaced by" Statistical Institute shall check

the identity of the applicant, with regard to the provider, in the national registry

providers, and if it is a health insurance company, which has obtained a permit

to the implementation of the public health insurance system under the law on departmental,

industry, business and other health insurance companies, in the business

the register. Statistical Institute of ", the words"; If the Ministry "

replaced by a dot and the words "If the Statistical Institute" and at the end of the text

paragraph the words "or health insurance company".



23. in paragraph 71, the following paragraph 3 is added:



"(15) the Statistical Institute shall, on request to the Ministry of information acquired

in accordance with paragraphs 2 to 5 and 10, that the Ministry needs to discharge

their tasks under this or other laws. ".



24. the joint title of § 72 reads as follows:



"The national health registries, national register, National providers

the register and the national register of health care workers paid by the

health services ".



25. In § 72 para. 1, the following point (f)), the following new paragraph (g)), which read as follows:



"(g)) national register of covered health services".



26. in § 73 para. 1 (b). a) after the word "incidence", the words ",

the circumstances of the creation and dissemination of "and after the word" effectiveness ", the words" and

the effectiveness of ".



27. in section 73 is at the end of paragraph 1, the period is replaced by a comma and the following

letters g) to (i)), which read as follows:



"g) collection of information for the evaluation of quality and safety indicators

health services,



h) collecting the information to ensure the quality and sustainability of the system of payments

health services covered by public health insurance,



I) collect information to monitor demographic, reproductive

health and the consequences of the ageing of the population on the provision of health

services. ".



28. in § 73 para. 2 (a). a), the words ' and processors ' is replaced by

"operator".



29. in § 73 para. 3, in the first sentence and the word "Ministry" of the fifth

replaced by the words "Department of statistics" and in the fourth sentence, the word

"The Ministry" is replaced by "Statistical Institute".



30. In § 73 para. 4, in the first sentence the word "Ministry" is replaced by

the words "Statistical Institute" and in the second and third sentence, the word

"The Ministry" is replaced by "Statistical Institute".



31. in paragraph 73, paragraph 5 is added:



"(5) for statistical and scientific purposes, provides the Statistical Institute of the

national health registry data only in the form that cannot be

to specify a particular person or entity. The Statistical Institute is

is entitled to seek reimbursement for the provision of such data at a level which shall not

exceed the costs associated with the acquisition of extracts, copies, with the measure

technical data media and sending the data to the authorised body according to

of paragraph 2. The Statistical Institute may request reimbursement for exceptionally

extensive data. ".



32. In section 73 shall be added to paragraph 6 to 9 shall be added:



"(6) in the event that the Statistical Institute for providing data by

paragraph 5, request payment, shall notify this fact together with the

the amount of the payment of the authorized entity that has submitted an application in accordance with paragraph

3, before the provision of the information referred to in paragraph 5. Of the notice must be clear,

based on what facts and how the amount of the remuneration

the Statistical Institute figures.



(7) to comply with the Statistical Institute to the authorized body which

submitted an application in accordance with paragraph 3, the obligation of notification under paragraph

6, to be entitled to the payment of costs.



(8) the provision of the information referred to in paragraph 5 shall be subject to the payment of a

the required payment. If the qualified entity that has submitted an application

referred to in paragraph 3, within 60 days from the date of notification of the amount of the remuneration

the reimbursement fails to pay, the Statistical Institute of the request. For the handling of

the amount of the required reimbursement of complaint against the period referred to in the second sentence is not running.



(9) payment is income of the statistical institution. ".



33. In section 74 para. 1 the letter m) is added:



"m) number of beds according to the form and scope of health care, if applicable, the type of

health care according to § 5 para. 2 (a). (f) to (i))) ".



34. In section 74 para. 1 the following letter n) are added:



"n) number (FTE) health care workers in the breakdown by professional

competence, specialized qualifications and special professional

eligibility. ".



35. In section 74 para. 2 (a). a), the words ", e), m))" shall be replaced by

"and (e))".



36. In section 74 para. 3 letter a) is added:



"and publicly accessible to) the Ministry's website, with a

the exception of the data on the



1. permanent address or date of birth reported physical

of the person and




2. the provider permission to the provision of health services

decided by the Ministry of defence, the Ministry of Justice or

The Ministry of Interior, ".



37. In paragraph 74, the dot at the end of paragraph 3 is replaced by a comma and the following

subparagraph (f)), which read as follows:



"(f)) available, if it is a member of the Chamber of Commerce, which is a provider of

or professional representative, and to the extent the data held about them. ".



38. In section 75 para. 1 at the end of the text of subparagraph (a)) the following words ",

the other contact details under section 74 para. 1 (b). c) passes, if

He is known ".



39. In section 75 para. 1 letter c) is added:



"(c)) § 74 para. 1 (b). (c)), in the case of contact information, and under section 74 para.

1 (b). j) to (n)), "provider.



40. In paragraph 75, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter d), which read as follows:



"(d)) § 74 para. 1 (b). (c)), and j) to (n)) the provider of social services. ".



41. In section 75, paragraph 3 shall be deleted.



42. section 76 and 77, including heading shall be added:



"National register of health care workers



§ 76



(1) national register of health care workers eligible for the performance

the medical profession contains data on health care workers

including visiting people and people that competence to work

the medical profession have gained outside the territory of the Czech Republic,



and) the name or names, and surname of the healthcare professional and its

academic degree, scientific rank and scientific-pedagogical title,



(b)), the date and place of birth,



c) gender,



(d)) was a social security number, if any, in the case of foreigners the number of

document or other identity document,



e) country of citizenship,



f) indication of the expertise or skills, including specialized and

special professional competences, and the date of their acquisition by other

legislation, in the case of recognition of competence to perform

the medical profession designation under other legislation

the skill or expertise, and the date of their recognition,



g) identification of educational establishment, accredited facilities

or authorized organizations, in which a health professional has earned

Professional, specialised or specific professional competence, in the case of

recognition of eligibility for the medical profession pursuant to other

the legislation of the identifier by the certification authority,



h) an indication of whether it is a guest or established person



even in the case of a visiting person) date of notification, on the basis of which it can

under another law to exercise the medical profession



j) in the case of health care workers affected by specialisation

preparation or who are in the course of the approbation of the proceedings, whether the

This is a health care professional to specialization

education or training are undergoing approval for tests, and the scope of specialized

education or are undergoing approval tests



to) the identification of the provider or the provider of social

services for which a health care professional shall exercise health

profession, and the type and form of health care, medical

the profession is exercised,



l) the address of the place of residence of the medical worker, in the case of

foreigners, reported residence, address and other contact information, such as

phone number, email address, or identifier of the data

Clipboard, if the address and other contact details of the health care professional

said,



m) records



1. final decisions on the prohibition of the medical profession,



2. exclusion from the Chamber.



(2) the contents of the national registry of health care workers is available



and accredited educational device) device, the Ministry or

responsible for the Organization, which are data on the medical Editor

a worker in the scope of paragraph 1 (b). f) and (g)),



(b) the provider or providers) of social services in the range of data on the

its employees, including visiting people, referred to in paragraph 1 (b). and)

to j) and (l)) and m), and in order to ensure the provision of health

services and the verification of compliance with the requirements for the security personnel

provided by health services,



(c) the extent of data) the Chamber referred to in paragraph 1 held about its members,

in order to pursue its activities,



d) health insurance company to the extent information referred to in paragraph 1 (b). and), (b)),

f), (g)), i), j) and (l)), and for the purpose of the implementation of the public health

insurance,



(e) the extent of the information Ministry) referred to in paragraph 1 (b). (f)) and m), and it

for the purposes of the exercise of State administration in the field of control of availability and quality of

health services,



(f)) to the competent authority in the scope of the data referred to in paragraph 1 (b).

a), b), f) and (g)) and m), and for the purpose of carrying out its activities,



g) State Institute for drug control in the range of data on physicians,

dentists and pharmacists referred to in paragraph 1 (b). a), b), f), (j)), and

l), for the purpose of the exercise of State administration in the field of drug policy,



h) allergic to the extent of the data held about him.



§ 77



(1) to a national registry of health care workers transmit data

pursuant to section 76 para. 1



and (b)). a), (d)), f), (g) and (j))) educational facilities, accredited facilities

and entrusted with the organisation, which carried out the initial registration

a health care professional to the registry,



(b)) (a). a) to (e)) of the Ministry of the Interior and the police of the Czech Republic

accordance with section 71,



(c)) (a). g) to (j)) and the Ministry in charge of the Organization,



(d)) (a). (j)), k) and m) provider and the provider of social services,



(e)) (a). l) a health professional on a voluntary basis,



(f)) (a). m) to point 1, the Court or the competent administrative authority,



(g)) (a). m) point 2 of the Chamber.



(2) a health care professional in the national register of health care

workers shall without undue delay notify the statistical

the Constitution, if it finds that they are in this registry about him led by the erroneous

data. ".



43. under section 77 shall be added to § 77a, which including the title reads as follows:



"§ 77a



National Register of covered health services



(1) national register of covered health services include information regarding the

the content, date and time of the provision of health services, natural or

the legal entity that provided the insured health service, which

the health service was provided, and the disbursement of health

services from public health insurance.



(2) to the national registry of paid health services transfers data

in accordance with paragraph 1, health insurance, health service pay,

and it



and) identification of health insurance companies that cover health

services carried out,



(b)) identification



1. the provider, including the identification of the workplace,



2. the provider of social services, which provides health care services

under section 11 (1) 2 (a). (b)),



c) range of health services, for which the provision and payment orders entered into

health insurance provider or the provider of social

the services referred to in point (b), point 2) the contract under public law

health insurance,



(d) personnel security data) and the material and technical equipment

to ensure the provider is committed to your health insurance company in

the Treaty on the provision and payment of health services concluded according to law

on public health insurance,



(e)) the definition of health services, for which the remuneration was made,



f) the amount of payment for health services as defined under (e)),

provided by the health insurance company,



g) tender type and



(h)), the period in which they have been provided health services as defined by the

subparagraph (e)), provided for by the health insurance remuneration of

referred to in subparagraph (f)).



(3) to the national registry of paid health services on health

an undertaking referred to in paragraph 2 passes



and the identification number of the insured person,) who has been granted a medical

the service specified pursuant to subparagraph (b)) and a health insurance company

the provider or providers of social services,



(b) health services provided by the specification) to the insured person, including the

the date of the provision of health services. ".



44. In paragraph 78 (c). (b)) after the word "way" is inserted after the word "structure".



45. In paragraph 78, the dot at the end of the paragraph be replaced by a comma and the following

the letter e), which reads as follows:



"(e)) the way the definition and specification of the method of health services, for which the

remuneration was made, and the type of payment for the purposes of the transmission of data to the

The national registry of paid health services. ".



46. In article 81 paragraph 1. 3, after the words "representative", the words "or

guardian ".



47. In section 82 para. 1 the term "container" shall be replaced by the word "fetus".



48. In paragraph 2 of section 84. 2, the last sentence shall be deleted.



49. In § 86 para. 1 letter d) is added:



"(d)) shall be marked in the deceased's inspection Worksheet design

pathological-anatomical or medical autopsy determined in accordance with subparagraph (b)), ".



50. in § 86 para. 2 the words "Institute of health information, and

Statistics of the United Kingdom "shall be replaced by" Statistical Institute ".



51. In § 88 para. 2 the initial part of the provision, the words "shall be

pathological-anatomical dissection compulsory "shall be replaced by

"pathological-anatomical dissection is always done".



52. In paragraph 88, the dot at the end of paragraph 2 is replaced by a comma and the following

letter h) is added:



"h) in the case where it is not sufficiently clarified the cause of death, the basic

the disease, other diseases or their complications or clinical diagnosis. "




53. In § 88 para. 3 of the introductory part of the provisions, the words "shall be

medical autopsy mandatory "are replaced by the words" medical autopsy is always

performs ".



54. In paragraph 88 para. 3 (b). a), the words "it was not possible to clearly determine

the cause of death "are replaced by the words" not to determine the cause of death or

the cause of death has not been sufficiently clarified ".



55. In paragraph 88 are inserted at the beginning of paragraph 4 the phrase "pathological-anatomical

the autopsy pursuant to paragraph 2, and the health of the autopsy pursuant to paragraph 3 shall be carried out

even without the consent of the deceased ^ 51). ".



Footnote # 51:



"§ 113 paragraph 51). 2 of the civil code. ".



56. the following section is inserted after section 88 88a, which reads as follows:



"section 88a



(1) the physician conducting an examination of the body of the deceased may decide that

does not make a pathological-anatomical dissection in the cases referred to in § 88 para. 2

(a). a), b) or (c)) or medical autopsy in cases under section 88 para.

3 (b). (b)), or (d)), in the case of death, whose cause is obvious, and

the deceased patient for his life expressed disagreement with the demonstrable

by performing the autopsy, or the deceased's legal representative or guardian

a patient or a person close to the patient asked for non-execution of the autopsy.

For the way of voicing disagreement with the patient making demonstrable

the autopsy shall apply by analogy to § 81 para. 5.



(2) the provider conducting the autopsy may decide that



and) does not make a pathological-anatomical dissection in the cases referred to in § 88 para.

2 (a). a), b) or (c)) or medical autopsy in cases under section 88

paragraph. 3 (b). (b)), or (d)), in the case of death, whose cause is

obvious, and the deceased during his lifetime, he pronounced the patient demonstrated

disagreement with the making or the deceased's legal representative or guardian

a patient or a person close to the patient requested the non-autopsy,



(b)) does not make a pathological-anatomical dissection in the cases referred to in § 88 para.

2 (a). a), b), c) or h) or medical autopsy in cases under section 88

paragraph. 3 (b). a), b) or (d)), if you subsequently carried out by the professional

assessment of the cause of death is obvious,



(c)) performs a pathological-anatomical or medical autopsy in cases

According to § 88 para. 2 or 3, although it has not been determined by a doctor performing the

inspection of the body of the deceased.



(3) for the way you give the opposition a patient with demonstrable

by performing the autopsy pursuant to paragraph 1 or paragraph 2 (b). and) shall apply

Similarly, § 81 para. 5. Demonstrated opposition to the patient with implementation

the autopsy, written by request of the legal representative or guardian of the deceased

the patient or the person of the non-autopsy in a patient according to the

paragraph 1 or paragraph 2 (b). and a record of it), or is part of the

the medical records kept by the deceased; in the case of a still-born

the child is part of the medical records kept by the mother.



(4) the decision of the non-medical autopsy pursuant to paragraph 2 (a).

a) or b) is in the field of forensic medicine, the provider must inform

Police of the Czech Republic. ".



57. In § 89 paragraph 1. 1 the words "place of destination" shall be replaced by

"places of destination as laid down by the implementing regulation."



58. In paragraph 89, paragraphs 3 to 6 shall be deleted.



59. In paragraph 90, the words "the 0 ° c to + 2 ° c" is replaced by "0 ° c to + 5 ° c".



60. In the annex, points 1 and 2, the number "5" shall be replaced by ' 25 '.



61. In the annex, point 3 is added:



"3. the national reproductive health registry



In the registry are processed personal data necessary for the identification of

pregnant women, mothers and the newborn child, women, which performs artificial

insemination, women that abortion has been carried out, the

invoked by abortion or miscarriage; socio-demographic

details (age, gender, occupation, highest educational attainment)

affecting the State of health of pregnant women, mothers and the newborn child and the

women and men, who with a woman together is undergoing assisted reproduction

(hereinafter referred to as "infertile couple"), data (personal and family history,

diagnostic data, information about the pregnancy and birth, data on

the treatment, made performances, including their results and complications)

related to the health of pregnant women and the course of pregnancy,

expectant mothers and childbirth and health status, data on fertility

State of health of an infertile couple, and he provided the methods and

assisted reproduction procedures. Further, they are processed in the registry

information about preimplantačních and prenatal examinations, data on artificial

termination of pregnancy, spontaneous abortion, or vyvolaČástkaných

How to perform abortion method invocation

abortion, because of their abortion and about the aborted

fruits, further data on detected congenital and developmental defects and

human genetic diseases in fruit, and people, the data needed to

the identification of the provider, in whose clinic has encountered a

delivery or to poporodnímu treatment of expectant mothers, which was

undiagnosed birth defect, abortion has been carried out

pregnancy, or invoked by abortion or receive the treatment after abortion

or in which it was performed assisted reproduction or any of

procedures and methods of assisted reproduction.



In the registry are not processed by the personal data of clients, who requested the

the confidentiality of his identity at birth under section 37.



After the expiration of 30 years from the year of reporting data or 5 years after death are

personal data rendered anonymous. ".



62. In the annex, point 5 of the National joint replacement registry,

"including" the words "and the joint identification".



63. In the annex, point 8, the number "10" is replaced by "25" and the words "from the

year of injury "shall be inserted the words" or 5 years from the death ".



64. In the annex, the following paragraphs 11 and 12 are added:



"11. the national the who diabetes registry



In the registry are processed personal data necessary for the identification of

the patient; socio-demographic data (age, gender, occupation)

affecting the health of the patient, risk and prognostic factors

disease, data related to the disease and its treatment, personal and

family history of the patient with the disease, including the related classification

the type and status of diabetes and laboratory values, to provide dispensary

care and about the death of a patient; the data needed to identify a provider

diagnostikujícího, léčícího, and providing follow-up.



After a period of 25 years after the death of the personal data are made anonymous.



12. National Register of intensive care



In the registry are processed personal data necessary for the identification of

the patient; socio-demographic data (age, gender, occupation)

affecting the health of the patient, risk and prognostic factors

disease, data related to the disease and its treatment, personal and

family history of the patient, the diagnosis of disease-related

of the disease, including laboratory values, to provide dispensary care and

on the death of a patient; the data needed to identify a provider

diagnostikujícího and acute in-patient care, intensive and

the subsequent intensive care.



After a period of 5 years after the death of the personal data are anonymized. ".



65. In the annex, the following note is added:



"Note:

Personal data entered in the national health registries under this

attachments that are after the deadline from the death of anonymized, means

personal data held in the respective patient registry and/or other

the person who died and who has been granted a medical service in

registry watch. ".



Article II



Transitional provisions



1. Ministry of health shall establish



and) national register of health care workers within 12 months from the date of

entry into force of this Act,



(b)) national register of covered by the health services within 6 months from the date of

entry into force of this Act,



(c) the National Registry and the who diabetes) national register of intensive care to

12 months from the date of entry into force of this Act.



2. the data held in the register of physicians, dentists and pharmacists Institute

health information and statistics of the Czech Republic according to Act No.

372/2011 Coll., in the version in force before the date of entry into force of this

the law, the Institute converts the date of establishment of a national registry

health workers in this registry.



3. the entities referred to in § 77 para. 1 of the law No. 372/2011 Coll., as amended by

effective from the date of entry into force of this law, shall transmit to the national

health workers registry information in accordance with § 77 para. 1 of law No.

372/2011 Coll., in the version in force from the date of entry into force of this Act,

within 180 days from the date of the establishment of the register.



4. Health insurance companies shall transmit to the national registry of paid

health services in 180 days from the date of the establishment of the register data

According to § 77a paragraph 1. 2 Act No. 372/2011 Coll., in the version in force from the date of

entry into force of this Act, in relation to health services

provided 1. January 2010.



5. access rights acquired under § 73 para. 2 Act No. 372/2011 Coll.

in the version in force before the date of entry into force of this Act, shall remain

preserved.



6. the obligation to ensure that the temperature of the refrigeration system, pursuant to section 90 of the Act No.

372/2011 Coll., in the version in force after the date of entry into force of this Act,

must be met within 60 days after the date of entry into force of this Act.




7. If the death occurred before the date of entry into force of this Act,

proceed in determining and carrying out post-mortem examinations pursuant to Act No. 372/2011

Coll., in the version in force before the date of entry into force of this Act.



Article. (III)



The effectiveness of the



This Act shall take effect on the first day of the second month following

After its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.