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Designation ex Article 7 Act of the market in the health sector (availability of benefits in curative somatic care)

Original Language Title: Aanwijzing ex artikel 7 Wet marktordening gezondheidszorg (beschikbaarheidbijdrage curatieve somatische zorg)

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Designation of Minister for Health, Welfare and Sport of 12 December 2012, MC-U-3147126, pursuant to Article 7 of the Health Organisation Act, on availability of a curative somatic care

The Minister for Health, Welfare and Sport;

Having regard to Article 7 of the Health Organisation Act ;

Having communicated, in writing on 25 May 2012, to the First and Second Chamber of the States-General (Chamber documents II 2011/12, 32 393, no. 16) as intended Article 8 of the Health Organisation Act ;

Having regard to the report of 29 June 2012 of a written consultation with the Second Chamber of the States-General (Kamerpieces II 2011/2012, 32 393, no. 21);

Decision:


Article 1. Definitions

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For the purposes of this designation:

  • a. Minister: Minister for Health, Welfare and Sport;

  • b. Law: Health Organisation Act ;

  • c. Health authority: Dutch Healthcare Authority, named in Article 3 of the Act ;

  • ed. Decision: WMG Availability Contribution Decision ;

  • e. Annex: Annex annexed to Articles 2 and 4 of the Decision;

  • f. service of general interest: service of general interest as provided for in Protocol No 26 to the Treaty on the Functioning of the European Union;

  • g. service of general economic interest: Service of general economic interest as referred to in Article 2 (1), first paragraph, points (b) and (c) of Decision No Commission Decision 2012 /21/EU of 20 December 2011 on the application of Article 106 (2) of the TFEU to State aid in the form of public service compensation granted to certain services of general economic interest Taxable companies (PbEU 2012, L 7);

  • h. convenant: convenant for the years 2013 and subsequent between the State of the Netherlands, represented by the Minister and the Minister of Defence, and the University Medical Center Utrecht in relation to the supply of calamity hospital.


Article 2. scope

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This designation shall apply to medical specialist care referred to in subparagraph B, introductory wording, and points 3 to 9, 12 and 13 of the Annex.


Article 3. command,

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The care authority shall determine rules or policy rules for the execution of this designation.


Article 4. Post-mortem organ-taking from donors

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  • 1 The care authority shall provide an availability contribution and shall establish it for the purpose of care referred to in subparagraph B, introductory wording and point 3 of the Annex.

  • 2 The health care authority should be responsible for ensuring that healthcare providers are entrusted with a service of general interest for this care of the situation in 2012.


Article 5. care provided by the calamity hospital

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  • 1 The care authority shall provide an availability contribution and shall establish it for the purpose of care referred to in subparagraph B, introductory wording and point 4 of the Annex.

  • 2 The care authority shall base the amount available on the share of the financial contribution of the State of the Netherlands imputed to the Minister in the memorandum of understanding.


Article 6. traumaCare insofar as it is about coordination, training, training and practice

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  • 1 The care authority shall provide an availability contribution and establish it for the purpose of care referred to in subparagraph B, introductory wording and point (5) of the Annex.

  • 2 The healthcare authority should be responsible for the situation in 2012 in relation to healthcare providers who are entrusted with a service of general economic interest for this care.

  • 3 The care authority should be aware of the availability contribution from the situation in 2012.


Article 7. TraumaCare by mobile medical teams

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The care authority shall provide an availability contribution and shall establish it for the purpose of care referred to in subparagraph B, introductory wording and point 6 of the Annex.


Article 8. Emergency

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  • 1 The care authority shall provide an availability contribution and shall establish it for the purpose of care referred to in subparagraph B, introductory wording and point 7 of the Annex.

  • 2 For the care providers who received an availability contribution for this care in 2012, and continue to receive them in 2013, the healthcare authority will be informed of the availability contribution 2012.

  • 3 For healthcare providers who did not receive an availability contribution for this care in 2012, the care authority shall provide an availability contribution only subject to the condition that such contribution is achieved not to deteriorate in the Reachability occurs in relation to the currently existing national situation, assuming sensitivity to the so-called 45-minute accessibility standard as set out in subparagraphs B, introductory wording and 7 of the Annex.


Article 9. acute obstetric

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  • 1 The care authority shall provide an availability contribution and shall establish it for the purpose of care referred to in subparagraph B, introductory wording and point 8 of the Annex.

  • 2 The care authority shall provide the availability contribution only subject to the condition that such contribution is achieved without any deterioration in the reachability compared to the present national situation, based on the sensitivity to the so called 45-minute availability standard as set out in subparagraphs B, introductory wording and 8, of the Annex.


Article 10. specialised fire-dwelling care

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The care authority shall provide an availability contribution and shall establish it for the purpose of care referred to in subparagraph B, introductory wording and point 9 of the Annex.


Article 11. care provided during transition finance system curative somatic system

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The care authority shall grant and establish an availability for care referred to in subparagraph B, introductory wording and point 12 of the Annex to general, academic and categoryoral institutions for medical specialist care to the extent that the Transition in an appropriate designation as intended in Article 7 of the Act indicated.


Article 12. care provided during the transitional capital charge scheme

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The care authority shall grant and establish an availability for care referred to in subparagraph B, introductory words and under 13, of the Annex to general, academic and non-oral institutions for medical specialist care to the extent that the transitional arrangement in an appropriate designation as intended Article 7 of the Act indicated.

This designation shall be communicated by means of the accompanying explanatory note in the Official Journal.

The

Minister

of Public Health, Welfare and Sport,

E.I. Schippers.