Law On Health Mm (Health Law)

Original Language Title: Lov om helseforetak m.m. (helseforetaksloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2001-06-15-93

Law on health mm (health law).


Date LOV-2001-06-15-93


Ministry of Health and Care Services

Edited

LOV-2013-06-14-41 from 01.07.2013


Published in 2001 Booklet 7


Effective 01.01.2002, 01.07.2001

Changes


Promulgated


Short Title
Health Trust Act - hfl.

Chapter Overview:

Chapter 1. General provisions (§§ 1-5)
Chapter 2. Part Employment and liability (§§ 6-7)
Chapter 3. Incorporation and bylaws (§§ 8-13)
Chapter 4. The company's capital (§§ 14-15)
Chapter 5. The general meeting (§§ 16-19)
Chapter 6. The company's board and management (§§ 20-27)
Chapter 7. the tasks and competencies (§§ 28-35)
Chapter 8. Managing Director (§§ 36-38)
Chapter 9. the company's representation in international (§§ 39-40)
Chapter 10. Organization of cooperation with other mv. (§§ 41-42)
Chapter 11. Accounting and Control (§§ 43-45)
Chapter 12. Resolution and liquidation (§§ 46-48)
Chapter 13. Liability (§ 49)
Chapter 14. Conversion (§ 50)
Chapter 15. Commencement and transitional provisions. Amendments to other laws (§§ 51-53)

Sml. Law 30 August 1991 No.. 71.

Chapter 1. General Provisions

§ 1 of the Act and health authorities' purpose The purpose is to help meet the objectives set forth in the Specialized Health Services Act § 1-1 and patient and user Rights Act § 1-1, by

1.
Establishing regional health authorities by the owner's guidelines to plan and organize the specialist health and facilitate research and education,

2.
That provision is made for the regional health authorities to organize their hospitals and other health institutions like hospitals.

Helseforetakenes purpose is to provide good and equal specialist to all who need it when they need it, regardless of age, gender, geography, social and ethnic backgrounds, as well as to facilitate research and teaching.

§ 2. Scope This law applies to regional health authorities and health trusts.
Regional Health Authority's operations owned by the state alone and created pursuant to § 8. Regional Health Authority facilitates specialist, research, education and other services that are naturally associated with this or is required by law.
Health trusts are business owned by one or more regional health authorities or health and which are established pursuant to § 9. Health organizations providing specialist services, research and teaching as well as other services that are naturally associated with this or that is required by law or agreed with the municipal health and care services.
Act does not apply on Svalbard and Jan Mayen. The King may decide that the whole or part shall apply Svalbard and Jan Mayen and may issue further regulations taking into account the local conditions, including rules that deviate from the provisions of this Act.

§ 2a. Regional health authorities responsibilities and tasks Regional health authorities have the overall responsibility for implementing the national health policy in the health region. Regional health authorities will plan, organize, manage and coordinate operations in health authorities that they own. In connection with long-term planning, regional health authorities consider whether parts of the services to be provided through an agreement with the private or public entities as they do not own.

§ 3. Definitions For purpose of this act:

1.
Enterprises, regional health authorities and health trusts

2.
Own: the state at the Ministry of regional health authorities and the state at the regional health authorities in health.

§ 4. Health Regions kingdom divided in so many health regions as King. In each health should be one regional health authorities.
The State shall organize its ownership of businesses providing specialist health and services that are naturally associated with this under this Act.

§ 5. Relationship with other legislation Administration Act applies to business activities. In cases involving hiring, firing or other personnel matters will still only Administration Act Sections 2 and 3 apply. The Ministry appealed to individual decisions made by authorities, when no special appellate provided by law or regulation. The Ministry may issue regulations on who should be appealed decision made by enterprises.
Law 18 July 1958 No.. 2 relating to public service disputes and law 4 March 1983 no. 3 on State officials mm does not apply to corporations.
Bankruptcy and debt negotiation under the Bankruptcy Act can not be opened in enterprises. Enterprises' assets may not be subject to execution or attachment.

Enterprises considered public bodies under the Act on 4 December 1992 no. 126 on stock § 2 letter g.

Chapter 2. Part Employment and responsibility

§ 6. Part Employment enterprise has even rights and duties, is a party to agreements with private and public authorities and party position before the courts or other authorities.

§ 7. Responsibility for its liabilities Owner unlimited liability for its liabilities. When several undertakings own business together, all owners responsible for the company's obligations.
A claimant must first make claims against the firm. A claimant who has demanded undertaking for obvious overdue debt that is not adequately protected, can make the claim against an owner. To make the claim against an owner must claimant earliest four weeks after first demand to send an additional demand to the original debtor with payment period of at least four weeks, and payment must be received before the expiry of the deadline.

Chapter 3. Incorporation and bylaws

§ 8. Establishment of regional health King in Council decides to create a regional health authority. This decision must expressly designate the entity as a regional health authority and must include the entity's articles of association. It shall also contain provisions concerning:

1.
Who should be members of the Board, including the Chairman and Deputy Chairman,

2.
Who will be the principal auditor,

3.
Government deposits, including which hospitals and other institutions undertaking to take over the establishment.

The regional health authority is established when the King has been made pursuant to the first paragraph.

§ 9. Establishment of health Performing activities shall be organized as health trusts. The board itself in regional health authorities or health decides to create health. This decision must expressly designate the entity as health and contain entity statutes. It shall also contain provisions concerning:

1.
Who should be a member of the Board, including the Chairman and Deputy Chairman,

2.
Who will be the principal auditor,

3.
Owner deposits.

The medical center is established when the Board of owning enterprises have been made pursuant to the first paragraph. If several undertakings staples a health for owning it together, the boards also enter into a written partnership agreement.

§ 10. Statutes for the Regional Health Regional Health Authority should have statutes which at least shall specify:

1.
Regional health entity name,

2.
The health region, the regional health authority includes,

3.
Regional health enterprise objectives,

4.
The municipality where the regional health authority shall have its headquarters,

5.
Number of directors or minimum and maximum number of directors,

6.
Health policy, education policy and research objectives and main tasks, as well as further provisions concerning university or college's rights in relation to these tasks,

7.
Provisions on borrowing, cf. § 33,

8.
What issues or types of matters to be submitted to the Ministry in accordance. § 30,

9.
Detailed rules concerning notification to the Ministry for undertaking and firm, cf.. § 34.

All companies should have a single employer association. King in Council determines the employer association trusts should have. The statutes shall specify the employer affiliation King has decided that enterprises should have.

§ 11. Statutes in health Health organizations must have statutes which at least shall specify:

1.
Company name

2.
Enterprise owning healthcare company,

3.
Entity's operations, including the health care to be provided and which teaching tasks and research assignments health authority shall have, as well as detailed provisions relating universitetets- or college rights in relation to these tasks,

4.
The municipality where the health authority has its headquarters,

5.
Number of directors or minimum and maximum number of directors,

6.
Health policy, education policy and research objectives and tasks,

7.
Detailed rules on reporting to the owner of the firm and the firm's activities,

8.
Provisions on borrowing, cf. § 33,

9.
What issues or types of matters to be submitted to the Ministry in accordance. § 30,

10.
The employer association health authority shall have, re. § 10, second paragraph.

§ 12. Amendments Amendments to the statutes approved by the general meeting.

§ 13. Registration of Business Enterprises Company shall be notified to the Register not later than three months after the decision to establish enterprises are hit.

Chapter 4. The company's capital


§ 14. The company's equity firms shall have an equity that is in proper relation to the firm's activities.
If it must be assumed that the firm's capital falls below an appropriate risk and scope of business, the board shall immediately consider the matter. The Board shall timely notify the entity owner, or owners of the entity, provide a description of the company's financial position and propose measures that will give the company adequate capital levels.

§ 15. Allocation of enterprise funds Allocation of the entity's assets is decided by the general meeting on the proposal of the Board or the Board's consent.

Chapter 5. The General Meeting

§ 16. Directing. Corporate the authority etc. Owners exercise executive authority in enterprises in corporate meeting. Owner may not exercise ownership in enterprises except corporate meeting.
Owner may hold joint general meeting of enterprises with an owner.
Owners can outside corporate meeting assign enterprise grant and set conditions for the award.
Ministry shall annually hold general meetings during the first two months to determine the financial and organizational requirements and framework for regional health authorities.

§ 16a. Ministry of obtaining information from regional health ministry is to stay informed on the business activities and the activities comply with the requirements laid down in the general meetings and the conditions set for the allocation of funding. The Ministry shall obtain written information from the regional health authorities and hold reporting meetings. Reporting meeting may be held outside corporate meeting.

§ 17. Respective right and duty to attend the general meeting chairman and chief executive officer must be present at the general meeting. At maturity shall be appointed a deputy. Other Board members may attend the General Meeting.
Board members and the CEO has the right to speak at the general meeting.

§ 18. Notice of general meeting owner convenes general meetings and decides notice is given. The notice shall be placed at least one week's notice, unless a shorter deadline in special cases is required. The meeting convened general manager, board members and moreover accountant who audited entity's financial statements, if the matters to be discussed are of such a nature that the auditor's presence may be desirable. Auditors shall otherwise convened when OAG requires. After convening, the auditor has a duty to attend the general meeting.
Notice shall clearly state the matters to be discussed in the general meeting. Proposal to amend the Articles may be reproduced in the notice.
Owners may decide that the general meeting is held as video or telephone conference.
The General Meeting may not adopt resolutions on matters other than those mentioned in the notice, unless all of those who are entitled to be present in accordance with § 17 consent. It can not be given permission to adopt other changes to the statutes than those proposed amendments that are stated in the notice.

§ 19. Procedure in general meeting general meeting chaired by the owner. The owner may allow the chairman to lead the general meeting.
Corporate Meetings for health chaired by the Chairman.
The Chair shall ensure that minutes are taken of the general meeting. Corporate meeting's decisions shall be reproduced in the minutes. The minutes shall be signed by the chairman and another person elected from among those present. Are any of those under § 17 have the right to be present disagrees with the owner's decision, their perception is introduced into the protocol.

Chapter 6. The company's board and management

§ 20. The company's management, an entity managed by a board and a general manager.

§ 21. Board composition etc. The Board shall have at least five members. In health, the Board shall have at least seven members when employees have representation in accordance with § 23, second paragraph. The provisions of the Companies Act § 20-6 concerning representation of both sexes in the board shall apply correspondingly.
The company's CEO may not be a board member. The CEO of a health can not be a member of the board of the regional health authority that owns the hospital trust.
Directors are elected by the general meeting with the exceptions set out in §§ 22 and 23. In the Regional Health Board members shall be elected by the general meeting, be related to the region that entity belongs to. Directors' fees are determined by the general meeting.
The Board shall have a chairman and a deputy chairman elected by the general meeting. It can be determined in the statutes that the board elect a chairman and deputy chairman among the directors general meeting have chosen.


§ 21a. The Audit Committee of Board of regional health authority chooses from among its members at least three people to the board's audit committee. Both genders should be represented. Chairman can not be elected. At least one member shall have knowledge of accounting or auditing.
The Board appoints the head of Internal Audit and establishes instructions and annual plans for internal audit.

§ 22. Employee board representation in regional health Up to one third and at least two board members with deputies shall be elected by and among the employees of the regional health authorities and health trusts as regional health authority owns.
The King may issue regulations concerning the election, including the conditions for voting and eligibility, method of election and the settlement of disputes about the election, and on termination of their directorship. The articles of association may stipulate that the board members who are elected under subsection does not participate in the consideration of matters relating to employer's preparation for negotiations with workers, labor, litigation with unions or termination of collective agreements.

§ 23. Employee representation on the board of health in hospitals that have more than 30 employees, a majority of the employees claim that up to a third and at least two board members with deputies, elected by and among the employees.
Have healthcare company more than 200 employees, the employees shall elect one director and deputy as well as the representation that follows the first paragraph. It may be agreed between the health authority and union comprising two-thirds of the employees or a majority of the employees, that employees instead of this director will choose two observers and alternates.
The King may issue regulations concerning the calculation of the number of employees, including the use of average figures. § 22, second paragraph shall apply correspondingly.

§ 24. Term of service members are elected for two years. The articles of association may stipulate a shorter or longer period of service, but no longer than four years. Shorter service time may be determined by special election.
A director will remain in office until a new director is chosen although service has expired.

§ 25. Termination of directorship until service has expired In special circumstances, a board member entitled to resign before the time is up. The board and the selected board member shall be given reasonable notice.
A director may be removed by the person who has elected the board member. This applies not a director who is selected in accordance with §§ 22 or 23.
In connection with the reorganization of enterprises can be made new election or by-election of a director who is selected in accordance with §§ 22 or 23. The Ministry may issue further regulations of such elections.

§ 26. Board meetings The Chairman ensures that the Board meets as often as needed. Member of the Board and Chief Executive Officer may require that the board be.
Unless the Board in a particular case decides otherwise, the CEO has the right and duty to be present and the right to speak at board meetings.
Board meetings chaired by the Chairman or in his absence, the Vice Chairman. If none of these present, the Board elects its chairman.
At board meetings shall be kept and signed by all members present. Director or general manager who disagrees with the Board's decision, may require its opinion recorded in the minutes.

§ 26a. Open meetings Board meetings in shall be open unless otherwise required by the statutory secrecy or the decision pursuant to subsection.
If there is a genuine and reasonable need, the board may decide to hear a case in camera in the following cases:

1.
For reasons of privacy. Personnel should always be handled behind closed doors.

2.
Briefing on matter that is at a preparatory stage of the proceedings in the enterprise.

3.
Information about offense, legal proceedings or in the interests of the undertaking party position in case a Norwegian court.

4.
In the interests of proper implementation of ERP, payroll or personnel management of the company.

5.
Aspects concerning offers and protocols for procurement law to the choice of supplier is made.

The assessment of whether the meeting or part of the meeting will take place behind closed doors, should be made at the meeting time.

§ 27. Quorum and majorities The Board has power of decision when more than half of all members are present. The Board can not make decisions unless all members of the board as far as possible are given the opportunity to participate in the proceedings. Have a director maturity and there are alternate, her deputy shall be able to meet.

Resolutions require the majority of the attending members, unless otherwise provided in the Statute. By tied vote, the chairman has the deciding vote. Those voting for a motion must nevertheless constitute more than one third of all board members for the proposal shall be considered adopted.
In elections and appointments shall be elected or appointed who gets the most votes. The Board may decide in advance that it will hold a new vote if no one gets a majority of the votes cast. Standing a tie in the choice of chairman, deputy chairman or chairman, the election by drawing lots.

Chapter 7. The duties and competence

§ 28. Board responsibilities The management of the enterprise belong under the Board is responsible for a satisfactory organization of the company's total business.
The Board shall determine the budget and plans for the firm's activities.
Board shall keep abreast of the entity's operations and financial position. It shall supervise the activities comply with the goals laid down in § 1, the entity's bylaws, resolutions adopted by the general meeting and approved plans and budgets.
In regional health includes board duties under subsection also hospitals owned by the business.
The Board shall ensure that accounting and asset management are subject to adequate controls.

§ 29. Board's supervision of the CEO Board will supervise the general manager and may establish instructions for this.

§ 30. Cases paramount general meeting of regional health authority makes decisions on matters deemed to be of significant importance to the institution or the solution of set goals or tasks. The same applies to decisions in other cases are believed to have fundamental aspects of significance or that are assumed to have significant social impacts, such as:

1.
Decision that can change your business character

2.
Decision on closure of hospitals.

3.
Extensive changes in hospital structure in the health region.

4.
Extensive changes in service provision.

5.
Decisions on changes in the number of hospitals in the health region.

6.
Decisions about significant changes in the catchment area of ​​health.

What issues corporate meeting of regional health authority shall issue a decision in accordance with this provision, it may be stipulated for in the statutes.
Cases referred to in subsections shall be submitted to the Ministry of the board of the regional health authority.

§ 31. Sale of enterprise real estate, etc. Decisions to pledge or dispose of real property made by the general meeting on the proposal of the Board.
When general meeting of health shall issue a decision pursuant to this provision, the matter shall be submitted to the Ministry before the decision is made. It may in the statutes are exceptions to this rule in cases where the property value does not exceed a specified amount.

§ 32. Sale of hospital activities Hospital activities can not be sold without Parliament's consent.

§ 33. Loans and guarantees Corporations can not take out loans unless it is specifically provided for in the statutes that it should have such access. Further provisions for borrowing the statutes.
Company can not guarantee or pledge its assets as security for financial liabilities of others.

§ 34. Annual report on the activities etc. in Regional Health Regional Health Authority shall annually prepare a note on the company and the entity's operations that are submitted to the Ministry. The notification shall also include the health authorities as the regional health authority owns.
The message will include an account of the activities of the previous year, including a narrative discussion of the implementation of requirements Ministry has issued to the business. The notification shall contain a plan for activities in the coming years.
Further rules on the message content and the deadline to submit it to the Ministry of the statutes.

§ 35. Patients' and other users' influence Regional Health Authority shall ensure that patients' representatives and other users are heard in connection with the preparation of the plan according to § 34, second paragraph, second sentence.
Regional Health Authority shall ensure that businesses providing specialist and other services that naturally belong together with this, establish systems for the collection of patients and other users' experiences and views.
Regional Health Authority shall ensure that each patient's extended right to use the Sami language in the specialist health is safeguarded, ref. Sami Act § 3-1 no. 4 and § 3-5.

Chapter 8. Managing Director

§ 36. General manager institution shall have a general manager appointed by the Board, which also determines the CEO's salary. The board decides whether to terminate or dismiss the CEO.


§ 37. The CEO's authority CEO conducts the daily management of the entity and shall comply with the guidelines issued by the Board.
CEO of Regional Health Authority shall also supervise health as the regional health authority owns and shall ensure that the operations which are consistent with the regional health trust laws and resolutions passed by the general meeting and the board.
The executive management does not include matters by undertaking conditions are unusual or of great importance. Such cases can the CEO only determine when the board in individual cases has given the CEO authority to do so, or when the board's decision can not be awaited without major inconvenience to the institution. The board shall then immediately be notified about the case.
CEO shall ensure that the firm's registration and documentation of accounting information is in accordance with laws and regulations and that the assets are managed in a satisfactory manner.

§ 37a. Internal audit The regional health authorities must establish an independent and objective internal audit.
Internal audit shall through a systematic and disciplined approach and delivery of confirmation contribute to improvements in risk management, internal control and corporate governance. The internal auditors will report functionally to the board and administratively to the CEO. Internal audit should also include health authorities as the regional health authority owns, and the conclusion and monitoring of agreements with other service providers.
Internal audit shall be conducted in accordance with recognized standards and continuous follow business.
Internal Audit may, notwithstanding the confidentiality, demand any information, report or document whatsoever and make such investigations as it deems necessary to carry out the tasks. The information shall as far as possible, be given without identifying characteristics. The rules of confidentiality apply correspondingly to the receiving the information.

§ 38. The CEO's reporting to the Board CEO shall at least every four months present a letter of notification of the firm's activities. In a regional health authority, the notification also include the activities of the health authorities that the regional health authority owns. It must especially be accounted for company's financial position and performance relative to approved plans and budgets.

Chapter 9. The company's representation in international

§ 39. The company's representation board represents the company externally and signs on its behalf.
The Board may authorize a director or general manager to sign for the firm's name. The statutes may restrict the Board's authority under the preceding sentence and also even make provisions for authorization referred to therein.
Managing Director represents the company externally in matters that fall under its authority under § 37.

§ 40. Exceeding representation court Has anyone representing the company externally in accordance with § 39 at the disposal of the company's behalf gone beyond its authority, the transaction shall not be binding on the undertaking when the company proves that the contracting party understood or should have understood that the authority was exceeded, and it would be contrary to fairness to the dispositive act.

Chapter 10. Organization of cooperation with other mv.

§ 41. Cooperation with other undertakings shall cooperate with others when this is necessary to promote the objects or that is required or implied by law. The entity shall also cooperate with others when this is likely to promote the tasks and objectives entity must fulfill.

§ 42. Liability Form for business owned by enterprises Enterprises can not own all or part of facilities providing specialist and organized with limited liability. Facilities providing specialist should be organized as health trusts.
Company may not own facilities providing specialist along with other than corporations. If several undertakings own business providing specialist together, the activities are organized as health or general partnership pursuant to company law.
When it is appropriate to promote enterprise purposes, enterprises owning operations that do not provide specialist alone or with others. Only business that is a necessary and important assumption that it may be granted specialist, may be organized as health trusts. Other activities will be organized as limited liability companies.

Chapter 11. Accounting, auditing and control

§ 43. Accounting etc. Accounting Act applies to corporations.
Annual report and accounts shall be approved by the general meeting.

§ 44. Auditing Company shall have an auditor elected by the general meeting.
General meeting approves the auditor's remuneration.


§ 45. OAG control OAG supervises the management of the state's interests and can conduct investigations etc. the regional health authorities, health authorities and their wholly owned subsidiaries such enterprises under the Act on the Auditor General and instructions laid down by Parliament.

Chapter 12. Resolution and liquidation

§ 46. Decision on resolution The General Meeting resolves to dissolve the company.

§ 47. Liquidator etc. Once the general meeting has passed a resolution for dissolution pursuant to § 46 shall be urgently elected liquidator and given further rules concerning winding way. Liquidation Board elects chairman and deputy chairman unless the general meeting has made it.
When the liquidation committee is selected, enter the mainstream Board inoperative.
Decision resolution shall be reported immediately to the Register. Business enterprises shall simultaneously with the registration of the message announce the decision in the Brønnøysund Register electronic bulletin for public announcements and alert entity claimants that they must notify the company within six weeks of the announcement.
When the notification deadline to creditors has expired and its liabilities may have been covered, the liquidation committee put a written proposal for the liquidation settlement presented to the general meeting for approval.
When liquidation has been approved by the general meeting, the liquidation committee immediately notify the Register of Business Enterprises that the company is liquidated.

§ 48. Responsibility for the liquidation After undertaking is wound up, responding to regional health state and health the enterprise or the enterprises owned healthcare company, to creditors who have not had coverage.
Requirements maturing within three years after the date on which the liquidation of the company was registered in the Norwegian Register barred within three years after registration, yet not earlier than six months after the due date. Otherwise, the normal rules on limitation.
Claims that fall due after the expiry deadline, the statute of the Act's general rules.

Chapter 13. Liability

§ 49. Liability Board, CEO and member of the liquidation committee is obliged to compensate the loss which he has willfully or negligently caused the entity, the entity's own or others during the execution of its task.
Liability under subsection may be mitigated by law on 13 June 1969. 26 for damages § 5.2.
Decision on an entity to make a claim, made by the general meeting.

Chapter 14. Conversion

§ 50. Reorganisation their regional, municipal and government agency or part of such activities can be transferred to a regional health authority or health by assets, rights, including regulatory approvals, and liabilities related to the business transferred as a whole to the undertaking.
Transfer to the undertaking of obligations related to the county, municipality and state has liberating effect for this. Creditors and other licensees may not oppose the transfer or claim that the transfer constitutes a loss because of the legal relationship.
It is not payable stamp duty under § 6 of the Act of 12 December 1975 no. 59 relating to stamp duty, re-registration fee under § 1 of the Law of 19 June 1959 No.. 2 concerning charges for vehicles and boats or court fees under § 21 of Act 17 . December 1982 no. 86 relating to court fees in connection with conversions pursuant to this provision.
The provisions of this section, applies equally to the transfer of business to companies under the Act of wholly county, municipal and state companies or enterprises.
Provisions of this section also applies to the transfer of business between enterprises under the Act. Previous sentence does not entail any limitation under § 7.

Chapter 15. Commencement and transitional provisions. Amendments to other laws

§ 51. Commencement Act applies from the King. The King may bring into force individual provisions at different times.

§ 52. Transitional provisions
1.
King may issue further transitional provisions.

- - -

§ 53. Amendments to other Acts From the time the law comes into force, the following amendments to other Acts - - -