Law Amending The Law On Complaint And Redress Access In The Health Sector (Private Hospitals, Clinics And Medical Practices-Financing Of Patient Injury Compensation Scheme, Salaries And Travel Allowances To The Consumer Council And Danish Pati

Original Language Title: Lov om ændring af lov om klage- og erstatningsadgang inden for sundhedsvæsenet(Private sygehuse, klinikker og speciallægepraksissers medfinansiering af patientskadeerstatningsordningen, vederlag og befordringsgodtgørelse til Forbrugerrådets og Danske Pati

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Law amending the law on complaint and redress access in healthcare

(Private hospitals, clinics and medical practices-financing of patient injury compensation scheme, salaries and travel allowances to the Consumer Council and Danish patients ' representatives in the dental boards, 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

The law on complaint and redress access within the health system, see. lovbekendtgørelse nr. 1113 of 7. November 2011, shall be amended as follows: 1. In article 2, paragraph 3, the following is inserted as a 2. item:

' The Minister for health and prevention may also lay down detailed rules on the remuneration and travel allowance for certain members of the regional dental boards and National Dental Board, which does not carry out the duties as part of their official work and whether to implement expenditure for salary and travel allowance. '

2. In section 5, nr. 1, the words ' proof ': ' short '.

3. for the purposes of section 18 (1), (2). paragraph shall be added after ' regions ': ' where the region is liable under section 29 (1) (8). 5 or 6 '.

4. In section 18 shall be inserted after paragraph 1 as new paragraph: "(2). Insurance companies, which have traced a policyholder pursuant to section 30, paragraph 1, shall bear the costs for the operation of Patient ombuddets secretariat services and the cost to the organisation of Committee meetings in Patient injury Board of appeals. Costs shall be allocated on the basis of a standard rate per completed case, and in relation to the treatment of the patient has taken place by institutions, which are subject to the obligation to take out insurance in section 30 (1). ';

Paragraph 2 becomes paragraph 3.

5. Two places in section 18, paragraph 2, there will be (3) is inserted after ' (1) ': ' and 2 '.

6. In article 29, paragraph 1, no. 5, the words ' or where a private hospital or a private clinic is located, etc. '.

7. In article 29, paragraph 1, no. 5, insert as 2. item:

' 1. the paragraph shall not, however, apply for specialist practitioners who do not have specialized in general medicine. '

8. In article 29, paragraph 1, insert after no. 5 as new numbers: ' 6) the region where a private hospital, a clinic or a specialist medical practice is situated, if the treatment is done as part of the planned treatment capacity of regions, see. health article 64, paragraphs 1 to 3, article 75, paragraph 2, article 79, paragraph 2, and section 89, paragraph 2.

7) Private hospitals, clinics and medical practices for damage after treatment, study etc. which is made in accordance with the Health Act section 87, §§ 87 (a) – (d) or § § 87 e-h or paid directly without going through the public health care system. '

No. 6 is then no. 8.9. In section 30, paragraph 2, the following is inserted as a 2. item:

» Insurance companies covered by the 1. paragraph shall inform the National Board of health and Patient Insurance, if insurance coverage lapses. '

10. section 30, paragraph 5, no. 1, is replaced by the following: ' 1) to the region, where the liable, without prejudice to article. section 29, domicile or registered office shall pay compensation in cases where the insured has not liable in accordance with paragraph 1, given that the region may institute proceedings for recourse against the liable, '.

11. In section 30 is inserted as paragraph 8: ' paragraph 8. The Minister for health and prevention may provide rules for the registration and supervision of insurance coverage in accordance with paragraph 1. '

12. In section 33 shall be inserted after paragraph 1 as new paragraph: "(2). In article 29, paragraph 1, referred to possible liable to inform the Danish Patient Insurance Association about rules in health law according to which the patient is examined, treated etc. or whether the investigation, treatment etc. are paid outside of the public health care system. '

Paragraphs 2 and 3 shall become paragraphs 3 and 4 hereafter.

13. In article 33, paragraph 3, which becomes paragraph 4, shall be inserted after ' services ': ' before 1 month '.

14. section 34, paragraph 4, nr. 5-7 are hereby repealed, and instead is inserted: ' 5) 1 member appointed by the Bar Council and 6) 3 members appointed by the Danish Consumer Council, the Danish disability organisations and Danish Patients. '

15. In article 34, paragraph 6, the words ' or 7 '.

16. section 34, paragraph 8, shall be repealed.

Paragraph 9-12 will be hereafter referred to paragraphs 8-11.

17. section 37, paragraph 1, is replaced by the following:

» The patient Insurance Association can by municipal councils, regional councils, State Customs and tax authorities and others concerned, including hospitals, institutions, attending physicians and other health-care professionals, Health Protection Agency, injuries and the insurer in accordance with article 30, paragraph 1, etc., as well as the injured party may require any information communicated, including hospital records, journal entries, autopsy reports, police reports, etc., as the Association considers relevant for the treatment of cases pursuant to this chapter. The information can be consulted in electronic form. Patient insurance and Patient at work can get terminal access to information in the income register. '

18. section 40 (1), is replaced by the following:

' In the case of a medicinal product means a product that is presented as an appropriate means for the treatment or prevention of disease in humans, or may be used in or administered to human beings either to restoring, or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis. '

19. section 56 (1) is replaced by the following:

' The Minister for health and prevention reduces a pharmaceutical injury Appeal Board, which consists of 1) 1 by the Minister for health and prevention appointed President, who must be a judge, 2) 1 member appointed by the Bar Council, 3) 2 members designated by the health protection agency, 4) 2 members designated by the regional councils in association and 5) 3 members appointed by the Danish disability organisations, Consumer Council and Danish Patients. '

20. section 56, paragraph 3 is replaced by the following: ' (3). The Committee is quorate, if by the decision of each case consists of 1 President or Vice-President and at least 4 members, of which at least 1 member in accordance with paragraph 1, respectively, nr. 2 and 3, 1 member in accordance with paragraph 1, nr. 4, and 1 member in accordance with paragraph 1, nr. 5. ' 21. section 58, paragraph 1, is replaced by the following:

' The Minister for health and prevention or the, which the Minister authorizes to carry out tasks pursuant to this chapter, of municipal councils, regional councils, State Customs and tax authorities and others concerned, including hospitals, pharmacies, institutions, attending physicians and other health-care professionals, Health Protection Agency, injuries and the insurer in accordance with article 30, paragraph 1, etc., as well as the victim and the case pharmaceutical company require any information communicated, including hospital records, journal entries, police reports , autopsy reports, etc., deemed to be of importance for the treatment of cases pursuant to this chapter. The information can be consulted in electronic form. Patient insurance and Patient at work can get terminal access to information in the income register. '

22. In paragraph 61, shall be added after ' article 12, paragraph 2, ': section 16, paragraph 1, article 33, paragraph 2, article 37 (1) or section 58 (1) '.

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

(2). § 1, nr. 1, and paragraph 3 shall enter into force on the 1. January 2013.

(3). The law applies to damage caused after the Act's entry into force.

§ 3 the Minister for health and prevention may, for the period from 1 July 2001. January 2011 for the 1. January 2013 provide for rules on the remuneration and travel allowance for certain members of the regional dental boards and National Dental Board, which does not carry out the duties as part of their official work and whether to implement expenditure for salary and travel allowance.

section 4 of the Act does not apply to the Faroe Islands and Greenland but may by Royal Decree is implemented for Faroe Islands with the changes that the Faroese conditions warrant.

Given at Christiansborg Palace, the 18. December 2012 Under Our Royal hand and Seal MARGRETHE r./Astrid Krag