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Law No. 52 Of 2 March 1998

Original Language Title:  LEGE nr. 52 din 2 martie 1998

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LEGE no. 52 52 of 2 March 1998 for approval Government Ordinance no. 16/1997 on the granting of aid for the procurement of medical devices intended for the correction and recovery of organic or functional deficiencies or the correction of physical deficiencies
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 104 104 of 6 March 1998



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 16 16 of 15 August 1997 on the granting of aid for the procurement of medical devices intended for the correction and recovery of organic or functional deficiencies or the correction of physical deficiencies, issued pursuant to art. 1 lit. j) of Law no. 134/1997 for the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 198 of 19 August 1997, with the following amendments: 1. In Article 1, paragraph 2 shall read as follows: " (2) Medical devices, within the meaning of this ordinance, include some member prosthetics and orthotics, orthopedic appliances, means and devices for walking and adapting the means of transport, as well as equipment and materials help-compensatory for walking, gestuality and for correcting sensory deficiencies, hearing and sight. " 2. In Article 2, the letter a) shall read as follows: "a) children and young people up to 18 years of age, as well as those who are students or students in educational institutions provided by law, until their termination, without exceeding the age of 26;" 3. In Article 2, letter c) shall read as follows: " c) the descendants of the martyr heroes, the injured and the persons who lost all or part of their employment capacity, as a result of the participation in the fight for the victory of the Revolution of December 1989, as well as the beneficiaries of the rights Decree-Law no. 118/1990 118/1990; ' 4. In Article 2, the letter j) shall read as follows: " j) beneficiaries of unemployment benefits, professional integration aid or support allowance, as well as their dependent family members; ' 5. In Article 3, paragraph 1 shall read as follows: "" Art. 3. -(1) The granting of aid for the procurement and repair of medical devices, according to this ordinance, is made at the request of the entitled person, according to the provisions of art. 2, accompanied by the documents proving it, by the medical recommendation issued by the specialist doctor, as well as by the proof of its monthly net income, as the case may be. " 6. Article 4 shall read as follows: "" Art. 4. -The amount of the aid for the purchase and repair of medical devices, which shall be granted to persons referred to in 2, shall be determined in relation to their monthly net income, as follows: a) at the level of the price of medical devices-standard, for the categories of persons referred to in lett. a)-f), and for the persons referred to in lett. n), if the invalidity has occurred during and due to the performance of duties related to the performance of military service or missions within the international forces, regardless of their own money income; b) at the level of the price of medical devices-standard, for the categories of persons referred to in lett. g)-n), which have a monthly net income of up to twice the level of monthly net income for a single person, taken into account when establishing social assistance; c) 75% of the price of medical devices-standard, for the categories of persons referred to in lett. g)-n), which have a monthly net income of two to four times the level of monthly net income for a single person, taken into account when establishing social assistance; d) 50% of the price of medical devices-standard, for the categories of persons referred to in lett. g)-n), which have a monthly net income of four to six times the level of monthly net income for a single person, taken into account when establishing social assistance. " 7. Article 7 shall read as follows: "" Art. 7. -(1) The price of the standard medical devices shall be based on the proposals of the suppliers of these products, shall be endorsed and adjusted by the Competition Office, after its appropriation by the Ministry of Health, the Ministry of Labour and Social Protection, State Secretariat for Persons with Disabilities and Ministry of Finance. (2) The production or marketing of medical devices, according to the provisions of this ordinance, can be carried out by specialized economic agents, approved by the Ministry of Health in terms of fulfillment of medical-sanitary conditions and quality required. " 8. Article 12 shall read as follows: "" Art. 12. -On the date of entry into force of the methodological norms for the application of this ordinance: art. 12 12 para. ((1) of H.C.M. no. 454/1957 on the assistance of the elderly pensioners and non-pensioners, published in the Collection of Decisions and provisions of the Council of Ministers no. 34 34 of 6 April 1957, as amended by art. VII of Decree-Law no. 70/1990 on the modification and completion of some regulations on pensions, social insurance and social protection, published in the Official Gazette of Romania, Part I, no. 24 24 of 9 February 1990; art. 12 of H.C.M. no. 880/1965 on the granting of material aid in the framework of state social insurance, published in the Collection of Decisions and provisions of the Council of Ministers no. 33 33 of 21 August 1965; art. 9 of Government Decision no. 219/1992 on the indexation and compensation of state, military, I.O.V.R. and other income of the population with effect from May 1, 1992, published in the Official Gazette of Romania, Part I, no. 89 89 of 11 May 1992, as well as any other provisions to the contrary. ' + Article 2 Throughout the whole Government Ordinance no. 16/1997 , the phrase handicapped is replaced by the phrase disabled. This law was adopted by the Chamber of Deputies at the meeting of February 16, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN This law was passed by the Senate at the meeting of February 16, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN DUMITRESCU --------------