Overview (table of contents) Chapter 1 Appointments, etc.
Chapter 2 arbitration
Chapter 3 entry-into-force provisions, etc., The full text of the Notice concerning the conclusion of agreements in accordance with the extended fritvalgsordninger treatment, etc.
Under section 87, paragraph 6, article 87 d, § 87 (h) and section 87 in in health law, see. lovbekendtgørelse nr. 95 of 7. February 2008, as amended by Act No. 538 of 17. June 2008, law No. 539 of 17. June 2008, law No. 530 of 12. June 2009 and Act No. 1521 by 27. December 2009, fixed:
§ 1. Regional councils in association signs agreement with the private hospitals, clinics, etc. in Denmark and hospitals, etc. abroad who wish to conclude an agreement on the treatment of persons in accordance with the Health Act section 87, section 87 (c) and section 87 g.
(2). Private hospitals, clinics, etc. in Denmark and hospitals, etc. abroad, which has concluded an agreement with the regions of the Association in accordance with paragraph 1, can cooperate with each other, including on the delivery of diagnostic services.
§ 2. Private hospitals, clinics, etc. in Denmark and hospitals, etc. abroad who wish to conclude an agreement with the regions in accordance with § 1, shall for this purpose at the request of the regional councils or the Minister for health and prevention provide evidence relating to:
1) treatment services, including processing experience, professional skills, Guard preparedness, appliance standard, treatment principles and similar,
2) waiting time for treatment and
3) observation of patients ' rights.
§ 3. Private hospitals, clinics, etc. in Denmark and hospitals, etc. abroad, who have been relegated a person for treatment in accordance with an agreement with regional councils in accordance with § 1, shall for the purposes of a possible continued treatment in hospitals and for settling for performed treatment give all relevant information about the treatment to the hospital, which has referred the person.
§ 4. Private hospitals, clinics, etc. here in the country, which has been referred to a person pursuant to an agreement with the regional councils under section 1, for therapeutic purposes, as well as statistical purposes relating to activity in the hospital system, the population's consumption of hospital services, the hospital patients ' diseases and performed operations report information concerning patient care for Health's national patient register. Hospitals, clinics, etc., abroad, who have been relegated a person for treatment in accordance with an agreement with regional councils in accordance with § 1, shall report such information to the hospital, which has referred the person thereof.
§ 5. A dispute arises between the regional councils in the Association and the privately owned hospitals, clinics, etc. in this country or hospitals, clinics, etc., abroad (the parties to the dispute) on the terms of an agreement for examination and treatment pursuant to section 1, hospitals, clinics, etc. each or collectively bring the dispute to the Arbitration Board referred to in section 6.
§ 6. Brought before a dispute under section 5, the Minister for health and Prevention shall establish an Arbitration Board in its activities are independent of instructions on the individual case processing and decision. The Arbitration Committee's ruling cannot be brought before another administrative authority.
§ 7. The Minister for health and prevention of the arbitral tribunal, shall appoint an umpire and may appoint an alternate member for the umpire. Umpire and alternate must have economic insight and insight into health care conditions.
(2). Regions of the Association shall appoint an arbitrator, and the hospital, clinic, etc., which have brought the dispute to the arbitral tribunal, shall appoint an arbitrator. The dispute shall be submitted by several hospitals, clinics, etc. in the Association, they shall appoint a single arbitrator.
(3). Appointment of arbitral umpire, alternate and arbitrators terminated when settlement or arbitral tribunal concluded has taken a decision in the case, see. § 10 and § 11.
§ 8. Dispute arises about the arbitration opmandens capacity, acting Minister for health and prevention before the arbitral award handed down a decision, taking into account the administrative act.
(2). The Minister of health determines that umpire is disqualified, the Minister shall appoint the arbitrator as soon as possible, then a new arbitration umpire.
Treatment of arbitration, etc.
§ 9. When examining an arbitration involved umpire and the two umpires. Umpire can call special experts to be present at the proceedings.
(2). The Ministry of health and prevention provides secretarial assistance to the Arbitration Committee.
§ 10. Before the Arbitration Board ruling in the matter of the terms of an agreement, seeking arbitration, as far as possible to achieve conciliation umpire.
(2). Included the parties to the dispute under arbitration settlement, Arbitration Committee concludes the matter, however, applies to section 14 and section 15.
§ 11. The arbitral tribunal shall decide on the terms of an agreement by written order, which must be reasoned and signed by arbitration umpire. Can the Arbitration Committee does not reach agreement on the terms of an agreement, the arbitration ruling on the determination of the conditions for this umpire.
(2). Reasoned order is delivered as soon as possible and preferably within 4 weeks from the day when the arbitration umpire and arbitrators have been appointed.
§ 12. Would hospitals, clinics, etc., which have brought a dispute to the Arbitration Committee, not to conclude an agreement on the conditions under which the Arbitration Committee has laid down in an order, they may not receive patients after health law § 87 section 87 (c) and section 87, g for treatments, which are covered by the order, unless the later included new agreement to that effect with the regions in association.
§ 13. By the order lays down legal costs, see. § 14, § 15.
§ 14. Arbitration opmandens fee constitutes 651.68 DKK per hour (2009 pay and index level) and shall be paid by the Ministry of health and Prevention. The amount is adjusted once a year.
(2). Paragraph 1 shall apply also by conciliation.
(3). The arbitration fee shall fix to the umpire experts, see. § 9.
§ 15. The parties to the dispute shall each half of the costs of the arbitration opmandens and possibly suppleants and expert's remuneration pursuant to section 14. The amount shall be due and payable no later than 30 days after the end of the arbitration. The amount shall be paid to the Ministry of health and prevention.
(2). The parties to the dispute shall each defray the costs of remuneration of the arbitrator designated by them.
Entry-into-force provisions, etc.
§ 16. The notice shall enter into force on the 22nd. January 2010.
The Ministry of health and prevention, 20. January 2010 Jakob Axel Nielsen/John Erik Pedersen