Law Amending The Health Law And The Law On Complaint And Redress Access Within The Healthcare System (Right To Rapid Elucidation In The Hospital System And Differential Entitlement To Extended Free Choice Of Hospital, Etc.)

Original Language Title: Lov om ændring af sundhedsloven og lov om klage- og erstatningsadgang inden for sundhedsvæsenet(Ret til hurtig udredning i sygehusvæsenet og differentieret ret til udvidet frit sygehusvalg m.v.)

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Law amending the health law and the law on complaint and redress access in healthcare

(Right to rapid elucidation in the hospital system and differential entitlement to extended free choice of hospital, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In health law, see. lovbekendtgørelse nr. 913 of 13. July 2010, as amended most recently by section 4 of Act No. 558 of 18. June 2012, § 1 of lov nr. 601 of 18. June 2012 and § 1 of lov nr. 603 of 18. June 2012, shall be amended as follows: 1. section 79, paragraphs 1, 2 and 3. paragraphs, are hereby repealed.

2. Under section 82 shall be inserted: ' Chapter 17 a diagnostic examinations, assessment, etc.

section 82 (a). A person who is referred for a diagnostic study on hospital regulation. section 79, for use for elucidation of general practitioners, see. section 60, and specialist practitioners, see. § 64, can choose from any of the regions hospitals, see. § 86. In addition, the person can choose to be examined at one of the hospitals, one of the clinics, etc., as the regional councils have entered into an agreement under section 87, paragraph 4 (agreement hospitals), where the Regional Council of the region of residence does not, within 1 month after the reference is received, can offer study by own hospitals or in section 79 referred to one of the hospitals, which the Regional Council is collaborating with or usually uses.

(2). Paragraph 1 shall also apply to the diagnostic studies for use by medical specialists in Team Denmark's sports medical team with regard to the processing of level elite athletes in Team Denmark.

(3). The Minister for health and prevention may lay down detailed rules for diagnostic examinations pursuant to paragraphs 1 and 2, including those relating to the definition of and conditions for studies, and may exempt specific inquiry forms.

section 82 (b). The people referred for elucidation on hospital regulation. section 79 provides Regional Council of the region of residence of elucidation at its hospital system, other regions, hospitals or private hospitals and clinics, which the region has signed an agreement with, see. section 75, paragraph 2, within 1 month, if it is technically possible, see. However, paragraph 2.

(2). Where it is not possible to disentangle the person within 1 month of the basic regulation. (1) the Regional Council within the same month must draw up a plan for further study courses.

(3). The Minister for health and prevention may lay down detailed rules on access to the assessment and regional councils ' obligations under paragraphs 1 and 2.

(4). The provisions of paragraphs 1 and 2 shall not include reference to the psychiatric explanation. '

3. In section 86, paragraph 2, the words ' from other regions ': ' in accordance with paragraph 1. '

4. In section 86, paragraph 3, the words ' section 79 (1), (2). paragraph ' to: ' section 82 a '.

5. section 87 is replaced by the following: ' § 87. A person who is referred for hospital treatment and provided, may choose to be treated at one of the hospitals, one of the clinics, etc., as the regional councils have entered into an agreement pursuant to paragraphs 4 (agreement hospitals), where the Regional Council of the region of residence is not within 2 months can offer treatment by own hospitals or one of the hospitals mentioned in paragraph 79, which the Regional Council is collaborating with or usually use without prejudice to article. However, paragraph 2. The closing date is counted from the time when the patient is provided without prejudice. section 82 (b). In cases where the patient by reference is provided, the time limit shall begin to run from receipt of the reference on the COR Council hospital.

(2). When the person is referred for treatment of serious illness, the time limit referred to in article 6. paragraph 1, however, 1 month.

(3). A person who has been offered a date for surgical treatment at a regional hospital, may choose to be treated in a hospital, if the Regional Council changes the agreement date.

(4). Regional councils in association signs agreement with the privately owned hospitals, clinics, etc. in Denmark and hospitals, etc. abroad who wish to conclude an agreement on the treatment of patients in accordance with paragraphs 1 and 3 and § 82 (a).

(5). The Minister for health and prevention sets out rules about 1) delineation of and conditions for treatment covered by paragraphs 1 to 3, and can including setting criteria for serious and less serious illness and exempt certain therapies, 2) regional councils ' obligations to disclose treatment covered by paragraphs 1 to 3, and 3) requirements for documentation, etc., from the privately owned hospitals, clinics, etc. who signs an agreement in accordance with paragraph 4. '

6. In article 90, paragraph 1, shall be inserted after ' received the referral of a patient ': ' or provided a patient, see. section 82 (b) '.

7. In section 90 (1), nr. 2, the words ' within 1 month can be offered diagnostic study, see. section 79 (1), (2). paragraph, or treatment in accordance with the provisions of section 87, paragraph 1.0 ' to: ' can be offered diagnostic study, see. § 82 a, elucidation of the basic regulation. section 82 (b), or treatment in accordance with section 87 (1) and (2) within the applicable time limit '.

8. In section 90 shall be inserted after paragraph 1 as new paragraph: "(2). The Regional Council shall, within 8 working days after change of date for surgical treatment at a regional hospital to inform the patient about the right to choose hospital under section 87, paragraph 3. ';

Paragraph 2 becomes paragraph 3.

9. In paragraph 235, paragraph 1, shall be replaced by ' 79.0 ': ' § § § § 79, 82 (a), (b), ' 82.

10. In article 262, paragraph 1, the words ' section 87 (1) and 2.0 ' § 87, paragraphs 1-3, '.

§ 2

The law on complaint and redress access within the health system, see. lovbekendtgørelse nr. 1113 of 7. November 2011, is amended as follows: 1. section 6 (1). 4, is replaced by the following: ' 4) diagnostic examinations under section 82 (a) in health law, investigation under section 82 (b) in health law and free and extended free choice of hospital, as well as extended right to the study and treatment of mentally ill children and adolescents and extended the right to treatment for mentally ill adults in accordance with §§ 86-87 h in health law and rules established on the basis thereof, '.

§ 3 paragraph 1. The law shall enter into force on the 1. January 2013, see. However, paragraph 2.

(2). Health Law § 82 (b) as amended by this Act, section 1, no. 2, shall enter into force on the 1. September 2013.

(3). In the period from the 1. January 2013 to 31 December 2006. August 2013 deadline is calculated under section 87 (1) and (2) of the Health Act as follows: 1) people referred for hospital treatment, can choose treatment under section 87 (1) and (2) if the Regional Council of the region of residence is not within the section 87 (1) and (2), as amended by this Act, section 1, no. 5, that period can offer treatment by own hospitals or one of the hospitals mentioned in paragraph 79, which the Regional Council is collaborating with or usually uses.

2) closing date is counted from the date on which the hospital receives the reference.

3) That are not included periods in which the person undergo a preliminary examination course. However, account shall be taken of waiting out over 2 weeks for each survey in the time limit.

(4). For patients referred before the 1. January 2013 to treatment under section 87 (1) of the Health Act considers the existing rules apply.

§ 4 paragraph 1. The law does not apply to the Faroe Islands and Greenland, without prejudice. However, paragraph 2.

(2). Section 2 of the Act may, by Royal Decree is implemented for Faroe Islands with the changes that the Faroese conditions warrant.

Given at Marselisborg Castle, the 23. December 2012 Under Our Royal hand and Seal MARGRETHE r./Astrid Krag

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