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Notice Of Rules Of Procedure For Patient Injury Board Of Appeals

Original Language Title: Bekendtgørelse om forretningsorden for Patientskadeankenævnet

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Table of Contents
Chapter 1 Tasks and composition of the patient infests
Chapter 2 Preparation of the cases
Chapter 3 Detention of meeting and so on
Chapter 4 Decisions and so on.
Chapter 5 Various provisions
Chapter 6 Entry into force

Publication of the Rules of Procedure for the Board of Patient Board

In accordance with Article 34 (2), 7 and 9, in the Law of the Health and Health Service, in accordance with the law on appeal and compensation. Law Order no. 1113 of 7. November 2011, as amended by law no. 1257 of 18. In December 2012, and after negotiation with the Patient Board of Patient Board,

Chapter 1

Tasks and composition of the patient infests

§ 1. The patient claim Board is a complaint body for decisions taken by the patient insurance association established under the law of appeal and compensation to health care services.

Paragraph 2. Loading persons, insurance or persons liable to be liable for damages, cf. Section 29 of the law on appeal and compensation access to health services, and the other with a legal interest in the case may lodge a complaint for the Income Board of the Patient Office in accordance with paragraph 1. 1.

§ 2. The Patient Board of Patient Board may appear in several siblings, cf. § 34, paragraph. 1, in the law on appeal and compensation access within the health care system.

Paragraph 2. For the decision of each case, the appointment of one of the Minister for Health and Prevention of the individual case shall be the Chairman or Vice-President and 7 other members who have been appointed, cf. § 34, paragraph. 4, in the law on appeal and compensation access in the field of health care.

Paragraph 3. In accordance with the recommendation of the authorities, etc. referred to in section 34 (1). 4, no. 2-6, in the law on appeal and compensation access in the healthcare sector, the members of the 7 members represented in the Patient Board of Patient Board shall be appointed.

Chapter 2

Preparation of the cases

§ 3. Complaints of the decisions referred to in Section 1 may be subject to the Patient Inverbals Board, which has the final administrative decision, cf. Section 35 of the law on appeal and compensation access in the field of health care.

Paragraph 2. The chairman or a Vice-President shall decide whether the complainant has a vested interest in the case and whether the deadline for the submission of the complaint has been complied with in accordance with the said procedure. § 35, paragraph. 2 in the Law on appeal and compensation access within the health care system. If the deadline is exceeded and there is no particular reason for this, the complaint may be rejected, cf. § 35, paragraph. 3 in the law on appeal and compensation access within the health care system.

§ 4. The patient services offer secretarial assistance available to the Patient Board of Patient, cf. § 34, paragraph. 10, in the law on appeal and compensation access in the field of healthcare.

Paragraph 2. The secretariat determines the order of processing of the complaints received.

Paragraph 3. The secretariat shall be responsible for the issue, the submission of the necessary expert opinion and the preparation of a recommendation for a decision.

Paragraph 4. Notification of replacement requirements according to the current rules on patient insurance sent to the patient omnitente shall be deemed to have been submitted to the appropriate authority at the time when they are received by the Patient Offer. The enrollments shall be forwarded forthwith to the Patient Insurance Association, cf. § 60 a in the law of appeal and compensation access within the health care system.

§ 5. When a complaint is received, a confirmation to the complainant shall be sent to the complainant, with information on the expected procedure for proceedings.

Paragraph 2. The appeal shall be submitted before the submission of the Board of the Patient Insurance Association, which shall be submitted by the name of the case of the Patient Insurance Association, together with an opinion on the complaint lodged. The secretariat may fix a deadline for the opinion of the Patient Insurance Association in cases where special consideration is given to this.

Paragraph 3. Where special consideration is given, the Chairman or a Vice-President may, on a reasoned request from a complainent, decide that the appeal in full or in part shall have a prorating effect on the payment of any compensation. Decision must be taken within 14 days of receipt of the request.

Chapter 3

Detention of meeting and so on

§ 6. The Board shall exercise its activities in meetings, including telephone meetings or similar, cf. however, sections 10 and 11.

Paragraph 2. The secretariat shall convene a jury meeting with a reasonable notice. The summons shall be accompanied by an agenda of the cases to be dealt with at the meeting, an approach to the decision of the jury on each of the cases and the dossier necessary for the refusal to make a decision on each case.

§ 7. The chairman or a Vice-President will have the appointment of the appointment.

Paragraph 2. The Board shall be quorable if the board at the decision of the individual case consists of a chairman or a vice-chairman and at least four members, including at least one expert appointed by the Board of Health, 1 member appointed by the regional advisories in association or ; by KL, 1 member appointed by the Consumer Council, Danish Disabilities, or Danske Patients, and the member appointed by the Legal Affairs Council, cf. § 34, paragraph. 6, in the law of appeal and compensation access within the health care system.

§ 8. The juror's meetings aren't public.

Chapter 4

Decisions and so on.

§ 9. Decisions of the jury shall be taken by the ballot. In voting, the President-in-Office's vote is crucial.

Paragraph 2. The decisions of the jury shall be recorded in a decision-making protocol, signed by the President or by the Vice-President.

Paragraph 3. In cases where a decision cannot be taken by unanimity, the members of the Member States may require their specific items to be recorded in the decision-making protocol. In such cases, the members of the jury may also insist on their specific points included in the decision itself, on the grounds of the position of the majority and the minority, and indicating the number of votes for the respective Member States ; the standpoints.

§ 10. The President and Vice-Presidents may decide on behalf of the Board in matters which are not deemed to be a question of doubt.

Paragraph 2. The following case categories are typically falling within the authorization of paragraph 1. 1 :

1) Cases that only concern compensation.

2) Cases where the damage falls outside the scope of the law.

3) Cases related to the request for the resumption of cases where there is no new and for the decision of the case, essential information.

4) Cases where the complaint has been lodged by a non-complainable person.

5) Cases related to complaints about access to information.

6) Cases where the conditions for the recognition of liability under the law in the specific case are deemed to be fully fulfilled, and are, moreover, uncomplicated.

7) Cases related to exceeding of appeal or limitation period after the law.

Paragraph 3. Decisions taken by the President or the Vice-President will be able to bring to justice the right to take decisions.

Paragraph 4. The other members of the other members may be briefed on decisions taken by the President and Vice-Presidents.

§ 11. The storage of which the chairman or the Vice-President shall consider appropriate to written voting may be sent to the members with a recommendation on a decision. However, if a Member so requests, these matters must be discussed at a meeting.

§ 12. The following shall be of the following :

1) the decision of the Board shall amend or repeal the decision of the Patient Insurance Association,

2) that the board of the Board of the European Union shall be re-ruling the case of the Patient Insurance Association

3) that the board rejects the complaint, or

4) that the Board shall take a position on complaints concerning dossiers relating to cases dealt with in the Patient Insurance Association.

§ 13. The decisions of the jury shall be sent to the injured, the Patient Insurance Association, the insurance undertaking and the person liable to replace the person concerned, cf. Section 29 of the Law on appeal and compensation access to health care, as well as others with a legitimate interest in the case.

§ 14. The patient damage report is independent of instructions on the processing and decision of each case.

Paragraph 2. The decisions of the jury may not be brought to the second administrative authority, cf. § 35, paragraph. 1 in the Law on appeal and compensation access within the health care system.

§ 15. In a case that the Board has decided, new and for the decision of the case, substantial information, the Board may decide to review the matter for a review and decision. The same applies if there are significant errors in the case study.

Chapter 5

Various provisions

§ 16. The members of the patient and other members of the Board shall be subject to the obligation of professional secrecy, in accordance with the work of the Board of Appeal and others attending the work of the Board. $27 administrative act.

§ 17. The members of the patient ' s claim are in the context of their activities for the name of the administrative law concerning inhabilibility.

Paragraph 2. A Member of the Commission shall be obliged to inform the Board of Competency, which may lead to his incompatibility, like any other member of the jury who is familiar with such circumstances, has a duty to inform the Board of the Board.

Paragraph 3. A member of the Member's Member may not participate in the treatment of a specific case in the following situations :

1) if the juror has close personal relations with one of the parties to the case,

2) if the Member has participated in the treatment of the same case in another institution, such as the Legal Reader or the Patient Insurance Association, for example,

3) if injured at any time has been examined or examined by the member of the jury,

4) if injured in the course of the course of treatment which has caused notification of the injury, has been treated in the hospital-ward, clinic, etc., where the member is employed, or

5) in the case of specific circumstances, which may be suitable to raise any doubt on the unwillingness of the person concerned.

Paragraph 4. If a member of the jury is in doubt about his capacity, the question can be discussed with the secretariat.

Paragraph 5. The Board shall determine whether a member of the Member may participate in the treatment of a case. The name of the member shall not participate in the processing and decision of the question of the inhability of the person concerned. In the event of ballot, the President's or the Vice-President's vote is crucial.

§ 18. The Board shall deliver an annual report on its activities, which shall be sent to the Minister for Health and Prevention. The statement shall be prepared by the secretariat.

Paragraph 2. Decisions which are of fundamental importance and suitable guidance as guidance on the practice of the jury shall be published in anonymised and, where appropriate, summarised form.

Chapter 6

Entry into force

§ 19. The announcement shall enter into force on the 15th. July, 2013.

Paragraph 2. At the same time, notice No 46 of 20. January 2012 on the Rules of Procedure for the Board of Patient Board of Patient.

The Ministry of Health and Prevention, the second one. July 2013

Astrid Krag

/ Kåre Stokholm Svensson