Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO. 538.- THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR, WHEREAS: I. That in accordance with Article 65 of the Constitution, the health of the
inhabitants of the Republic constitutes a public good, corresponding to the State to ensure its conservation and restoration.
II. That people's health is a key and decisive element for
achieving the country's economic and social development. III. That it is necessary to accelerate the fulfillment of the millennium goals,
especially those related to the provision of health services, under appropriate conditions in a way that will allow the reduction of the infant mortality rate and expand coverage for pregnant women.
IV. That it is necessary to have measures that contribute to prevent the use and
consumption of harmful substances for human beings, as well as to have adequate resources to deal with the diseases and medical emergencies caused by the consumption or excessive use of harmful and dangerous products for the health of the population.
BY TANTO:
In use of its constitutional powers and on the initiative of the President of the Republic, through the Minister of Finance and the Minister of Health Public and Social Assistance. DECCRETA the following: SPECIAL LAW FOR THE CONSTITUTION OF THE SOLIDARITY FUND FOR HEALTH TITLE I PRELIMINARY PROVISIONS GENERAL CHAPTER GENERAL ASPECTS Object of the Law
Art. 1. The purpose of this Law is to establish the legal mechanisms for the financing and management of special programs for the conservation of public health and social assistance, with an emphasis on addressing the extent of the coverage of essential health services in rural and urban areas, as well as emergency and medical emergencies in all aspects.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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A SPECIAL PROGRAM, WHICH IN ACCORDANCE WITH THE PROVISIONS OF THE PREVIOUS PARAGRAPH, WILL BE USED TO PROVIDE MEDICINES, VACCINES, MEDICAL AND LABORATORY INPUTS TO THE PUBLIC HEALTH FACILITY NETWORK AND TO THE PUBLIC NETWORK OF HEALTH FACILITIES. NATIONAL HOSPITALS; FOR WHICH THERE MUST BE A CLOSE COORDINATION BETWEEN THE MINISTRY OF PUBLIC HEALTH AND SOCIAL ASSISTANCE AND HEALTH CARE. (1) TITLE II OF THE SOLIDARITY FUND FOR HEALTH CHAPTER I CREATION AND RESPONSIBILITIES Creation of the Solidarity Fund for Health
Art. 2. Create the Solidarity Fund for Health that can henceforth be called FOSALUD, as an entity governed by public law, of a technical nature, of public utility, of indefinite duration and with legal personality and its own patrimony, with full autonomy in the exercise of its functions, both financial and administrative and budgetary, which will be attached to the Ministry of Public Health and Social Assistance. Responsibility
Art. 3. The FOSALUD will have the responsibility to administer efficiently the resources that correspond to it, giving it strict compliance with what the present Law points out in its article 1; without prejudice to the responsibility of giving public account of its actions at least once a year. CHAPTER II OBJECTIVES Fundamental Objectives
Art. 4. The fundamental objectives of the FOSALUD are:
a) Velar for its financial sustainability, as well as for the efficiency and institutional effectiveness;
b) To promote the creation of special programs to expand the coverage in the services of health for the attention of the user and the inhabitants in general; and in particular those who do not yet have access to basic health services, seeking to extend coverage to women, children and the disabled;
c) Formulate and execute comprehensive programs that address the basic health needs
of the population In coordination with the Ministry of Public Health and Social Care, it is prioritizing the attention in those strategic geographical locations, where settlements are located that are threatened or could be the object of catastrophes arising from the action of nature or action of man;
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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d) Foster health education campaigns to prevent diseases arising
from the use and consumption of harmful and harmful substances to human health; and,
e) Any other action that is necessary for the health compliance with the above objectives.
CHAPTER III ORGANIZATION AND ATTRIBUTIONS Organic Structure
Art. 5. The FOSALUD will have as its management and management body a Board of Directors, which will be integrated, elected and represented according to the present Law.
In addition, it will have an Executive Director. Managing Board Integration
Art. 6. The Board of Directors of the FOSALUD will be composed of:
a) The Minister of Public Health and Social Care, who will be the President, and will exercise the legal representation of the FOSALUD;
b) A representative of the National Coordinator of the Government Social Program;
c) A representative of the Ministry of Finance;
d) A representative of the Salvadoran Red Cross; and,
e) A representative of the Salvadoran Social Security Institute.
Representatives The Board of Directors of the FOSALUD will not be able to delegate their
functions. Alternate Members
Art. 7. For each member who owns the Board of Directors there will be an alternate who will replace him in his absence with the same rights and powers. Appointment of the Board of Directors
Art. 8. The appointment of the owners and alternate representatives of the Board of Directors will be made, as the case may be, by the National Coordinator of the Government's Social Program, by the holder of the Portfolio of the Ramo that he represents, by the Director General of the Salvadoran Social Security Institute and the President of the Salvadoran Red Cross, respectively.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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The Executive Director will be appointed by the Board of Directors of the FOSALUD. FOSALUD Steering Board Privileges
Art. 9. They are the privileges of the Board of Directors of FOSALUD:
a) To establish the special programs that are considered necessary and strategic, to complement the efforts of the Ministry of Health in the field of preventive and curative health as well as in Emergency care, which will extend the coverage of health services at the national level;
b) Ensure that the resources that correspond to it and
exercise the actions that are conducive to it are timely entered into the FOSALUD;
c) Develop the draft budget annually for each fiscal financial year corresponding to the income and expenses of the Institution, and refer it to the Ministry of Finance to be presented to the Legislative Assembly for approval;
d) Manage the resources allocated to it;
e) " memory of the previous year's work and present it to the Legislative Assembly
through the Minister of Public Health and Social Assistance for approval;
f) Ensuring that audits are carried out in a timely manner and correspond to the periods indicated;
g) Running the policies, programs, and guidelines of the FOSALUD in concordance with
policies that emanate from the governing body;
h) Establish management information systems that allow objective and transparent monitoring of the projects, resources and management of the FOSALUD;
i) Design and operate a system of information, service and user relations, which
allows these to know the activities and programs developed with the resources of the FOSALUD;
j) To acquire and hire the resources, goods and services that are required for the achievement of their work programs; and,
k) Establish conventions cooperation for meeting your goals.
Communications and Training
Art. 10. The FOSALUD will include in its budget each year the corresponding item to finance programs of dissemination, training, promotion, education and communication, in all aspects of its competence.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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CHAPTER IV ECONOMIC AND FINANCIAL SYSTEM Heritage
Art. 11. The patrimony of the FOSALUD will be constituted by:
a) An initial contribution from the General Budget of the State in the concept of capital
, which will be able to promote up to one million dollars of the United States of America ($1,000,000.00);
b) The transfers of resources that are to be entered annually in the
General State Budget;
c) Extraordinary amounts that are granted by the State for any concept;
d) Inheritance, national or foreign legacies and endowments for the achievement of the objectives of the FOSALUD;
e) The movable, immovable, and securities acquired for any title at the beginning of their
functions or during their operation; and,
f) International Organization Grants.
The resources to finance the expenditure referred to in Article 10 of this Law and administrative expenditure of the FOSALUD shall not exceed 5% of the total of the current revenue which that fund receives in each fiscal year. CHAPTER V TAX REGIME APPLICABLE TO FOSALUD Funding Source
Art. 12. THE SOURCE OF FUNDING FOR THE HEALTH CARE SYSTEM WILL HAVE ITS ORIGIN IN THOSE RESOURCES THAT THE MINISTRY OF FINANCE WILL HAVE TO INCORPORATE INTO THE CORRESPONDING BUDGET LAW THAT WILL BE APPROVED IN EACH FISCAL YEAR.
THE AMOUNT OF THE RESOURCES TO BE FINANCED BY THE HEALTH SECTOR WILL INCLUDE THIRTY-FIVE PERCENT (35%) OF THE REVENUES THAT ARE COLLECTED FOR THE COLLECTION OF TAXES IN RESPECT OF THE TAXES CONTAINED IN THE LAW PRODUCTION AND MARKETING OF ALCOHOL AND ALCOHOLIC BEVERAGES, TOBACCO PRODUCTS TAX LAW AND THE LAW ON CHARGES RELATED TO THE CONTROL AND REGULATION OF FIREARMS, AMMUNITION, EXPLOSIVES AND SIMILAR ARTICLES; WHICH MAY NOT BE LESS THAN TWENTY MILLION US DOLLARS. (1)
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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CHAPTER VI AUDIT AND AUDIT Fiscalization
Art. 13. The FOSALUD will be subject to the audit of the Court of Auditors of the Republic. Audits
Art. 14. The FOSALUD will have the financial controls that are necessary to guarantee the proper use of the resources that constitute its patrimony, for whose effect it will have an Internal Audit, which will be appointed by the Board of Directors, be able to assist the Executive Director when the Council so determines.
The FOSALUD will be subject to an annual external audit of its financial statements, performed by a specialized firm, contracted according to the law; as well as a comprehensive audit every two years, in which they will be inhibited firms that have carried out annual audits. The reports of all external and comprehensive audits shall be published at least in two national means of circulation and shall be made available to those who request it. CHAPTER VII BANS Prohibition of Transfers or Contracts
Art. 15. The FOSALUD will not be able to transfer to any entity, or under any title, financial resources that are part of its patrimony. Special Character of the Law
Art. 16. This Law is of a special nature and shall prevail over any provision which the contrarian. Regulation
Art. 17. The President of the Republic shall issue the Regulation of this Law within the period of 120 days from its validity. Effective of the Law
Art. 18. This Law shall enter into force eight days after its publication in the Official Journal.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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GIVEN IN THE LEGISLATIVE PALACE. San Salvador, at the sixteenth day of December of the year two thousand four. CIRO CRUZ ZEPEDA PEÑA, PRESIDENT. JOSE MANUEL MELGAR HENRIQUEZ, JOSE FRANCISCO MERINO LOPEZ, FIRST VICE PRESIDENT. THIRD VICE-PRESIDENT. MARTA LILIAN COTO VDA. DE CUELLAR, JOSE ANTONIO ALMENDARIZ RIVAS, FIRST SECRETARY. THIRD SECRETARY. ELVIA VIOLETA MENJIVAR, FOURTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, at the seventeenth day of December of the year two thousand four.
PUBLISH, ELIAS ANTONIO SACA GONZÁLEZ, PRESIDENT OF THE REPUBLIC. Jose Guillermo Belarmino Lopez Suarez, Jose Guillermo Maza Brizuela, Minister of Finance. Minister of Public Health and Social Care. D. O. N1 236 Tomo N1 365 Date: 17 December 2004 LM/adar REFORM: (1) D.L. No. 226, DECEMBER 12, 2009;
D.O. No 237, T. 385, DECEMBER 17, 2009. REGULATION:
D.E. N1 57, JUNE 7, 2005; D.O. N1 105, T. 367, JUNE 8, 2005.
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