Law No. 146 Of 27 July 1999 On The Organization, Operation And Financing Of Hospitals

Original Language Title:  LEGE nr. 146 din 27 iulie 1999 privind organizarea, funcţionarea şi finanţarea spitalelor

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Law No. 146 of 27 July 1999 on the Organization, operation and financing of hospitals published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 370 from 3 august 1999 Parliament adopts this law.


Chapter 1 General provisions Article 1 the health unit Hospital beds, public or private, with legal personality, which provides specialized medical services.


Article 2 the hospital must meet the conditions for approval, operation and jurisdiction as provided by law.


Article 3 (1) in relation to the degree of specialization of medical staff with medical equipment with a means of investigation and treatment, public hospitals provide preparing students and students in higher education of medico-pharmaceutical and sanitary environment, specialization and continuous training of staff for public health, as well as conducting scientific research activities. Private hospitals may conduct such activities in the above mentioned conditions, as an optional.
  

(2) preparation of students and pupils in hospitals is permitted both for those in public education, and for those in private education, provisionally accredited or authorized under the law.
  

(3) these activities are carried out under contract, for the period determined, completed with educational establishments concerned, based on the methodology developed by the Ministry of health, Ministry of national education and the College of physicians from Romania.
  


Article 4 Hospital law is responsible for injury caused to patients, including fault, determined by the competent bodies.


Chapter 2 Organization of hospitals in article 5 (1) Hospitals can be organized in relation to the specifics of pathology in general hospitals or specialized hospitals and may have separate sections in their structure for the treatment and care of patients with acute and chronic conditions.
  

(2) Sections for patients or for acuti chronically can operate in continuous or discontinuous hospitalization.
  


Article 6 Hospitals may have their component structures that grant specialty outpatient services.


Article 7 (1) after authorization for the operation of sanitary hospitals they get, necessarily, in the accreditation process, which shall be satisfied until a date limit laid down by the National Commission of accreditation of Hospitals.
  

(2) the accreditation of hospitals to warrant a standard corresponding to the complexity of the medical service, certifying the quality of services.
  

(3) Accreditation is granted by the National Commission of accreditation of Hospitals on the basis of the evaluation criteria that were approved by the Government.
  

(4) the National Commission of accreditation of Hospitals is made up of representatives appointed as follows: two representatives from the Ministry of health, 2 representatives from the College of physicians from Romania, 2 representatives of the national health insurance and a representative of the Association of hospitals in Romania.
  

(5) where a hospital is no longer meets the criteria referred to in paragraph 1. (3) accreditation shall be withdrawn by the National Commission of accreditation of Hospitals.
  


Article 8 hospitals ierarhizeaza, on the occasion of his accreditation in relation to the professional competence of the personnel, equipment and other criteria established by the National Commission of accreditation of Hospitals.


Article 9 Establishment, reorganization or abolition of hospitals to deal with the opinion of the Ministry of health.


Article 10 specific hospitals, work and drive, on the following activities: a) diagnostic and therapy;
  

b patient care);
  

c) management.
  


Article 11 (1) of the public Hospital is run by a Board of directors consisting of 3-7 members, nominated by the owner.
  

(2) executive management of hospital consists of: the director-general);
  

b) medical director, is a doctor;
  

c) director of care, aftercare Coordinator of assistance to the hospital;
  

d) managing director, finance and accounting.
  

(3) executive management of hospital is done on contract administration for a limited period. Office functions are obtained through the contest, held in the presence of members of the Board of Directors. The eligibility criteria, the General conditions for the Organization of the competition, as well as the provisions of the framework contract management is developed by the National Commission of accreditation of Hospitals.
  

(4) In hospital units that have organizational structures and scientific research, as well as the tasks of coordination of national health programmes, the structure of the Board of Directors and the executive management are adapted to the specific requirements of each corresponding units.
  


Article 12 obligation to register Hospital, to store, to process and transmit information related to care, in accordance with rules drawn up by the Ministry of health.


Chapter 3, article 13 Financing hospitals public and private Hospitals operate on the principle of financial autonomy, develop and run their own budgets, income and expenses.


Article 14 (1) financing of public and private hospitals ensure revenue in relation to medical services provided on the basis of contracts concluded with health insurance from the State budget, local budgets, from investment ventures in the medical or medico-profile, from donations and sponsorships and revenues from individuals and legal entities According to the law.
  

(2) the State budget ensure financing national health programs, new construction, carrying out capital repairs, as well as medical equipment and high performance.
  


Article 15 Conditions of contracting of medical services provided by hospital and their rates are established in the framework contract, according to the law.


Article 16 (1) the medical services provided by hospital shall be determined by the contract that is concluded between hospital and home health care insurance or other contractors.
  

(2) For hospitals that work in the health insurance system, a framework contract for medical services provided by them is developed by the National House of health insurance and College of physicians from Romania, with the opinion of the Ministry of health, and shall be approved by decision of the Government.
  


Article 17 (1) staff employed in health units will be paid as follows: (a) the amount of the minimum wage) on the economy, the State budget;
  

b) at minimum wage plus revenue from contracts with health insurance.
  

(2) the remuneration of the staff of private hospitals is determined through negotiation between the parties.
  


Chapter 4 transitional and final Provisions article 18 Health Ministry will take measures to reorganize the existing public hospitals, in accordance with the provisions of this law, within a period of 12 months from the date of entry into force of the latter.


Article 19 (1) Buildings that are in administration of public hospitals is reorganized and become available, may be sold, rented or leased, as appropriate, in accordance with the law, natural or legal persons, for the purpose of organization and officials of some private hospitals or other forms of medical care. The criteria on the basis of which will be sold, rented or leased buildings available shall be determined by the Commission, made up of national parity representatives of Ministry of health and the College of physicians from Romania.
  

(2) the same shall receive and movable property owned by the public hospital.
  

(3) the amounts resulting from the sale or lease of real estate licensees, and existing medical equipment constitutes income that is included in local budgets and place it in its entirety is available at the county public health directorates, respectively Bucharest, only for the purchase of medical equipment for public hospitals reorganized.
  


Article 20 the provisions of this law shall also apply to hospitals belonging to ministries with their own health networks.


Article 21 (1) the provisions of this law shall enter into force 90 days after its publication in the Official Gazette of Romania, part I.
  

(2) is repealed on the same date art. 25-30 of the law nr. 3/1978 on ensuring public health, published in the Official Gazette, part I, no. 54 of 10 July 1978, as well as any other provisions contrary to this law.
  

This law was adopted by the Chamber of deputies at its meeting on 30 June 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, ANDREW JOHN CHILIMAN this law was adopted by the Senate at its meeting on 30 June 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. NICHOLAS, PRESIDENT of the SENATE ULM SADR — — — — — — — — — — —