LEGE no. 146 146 of 27 July 1999 on the organisation, operation and financing of
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 370 370 of 3 August 1999
The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 The hospital is the health unit with beds, public or private, with legal personality, which provides specialized medical services. + Article 2 The hospital must meet the conditions of health authorization, operation and competence provided by law. + Article 3 (1) In relation to the degree of specialization of medical-health personnel and to the endowment with means of investigation and treatment, public hospitals ensure the training of students and students in medical-pharmaceutical higher education and health environment, the specialization and continuous training of medical-health personnel, as well as the conduct of medical scientific research activities. Private hospitals can carry out such activities, under the above mentioned conditions, optionally. ... (2) The training of students and students in hospitals is admitted both for those in state education and for those in private education, provisionally authorized or accredited, according to the law. ... (3) These activities are carried out according to the contract, for a fixed period, concluded by the hospital with the respective educational establishments, based on the methodology developed by the Ministry of Health, the Ministry of National Education and the College Doctors in Romania. ... + Article 4 The hospital responds, according to the law, for damages caused to patients, including medical fault, established by the competent bodies. + Chapter 2 Organizing hospitals + Article 5 (1) Hospitals can be organized, in relation to the specifics of pathology, in general hospitals or specialized hospitals and may have in their structure distinct wards for the treatment and care of patients with acute conditions and chronic conditions. ... (2) Sections for cases of acuti patients or for cases of chronically ill patients may operate in continuous or discontinuous hospitalization. ... + Article 6 Hospitals can have structures that provide specialist outpatient services in their composition. + Article 7 (1) After the sanitary authorization to operate the hospitals they shall, on a mandatory basis, enter the accreditation process, which will be carried out until a deadline set by the National Commission for the Accreditation of Hospitals. ... (2) Accreditation guarantees the functioning of hospitals to a standard corresponding to the complexity of medical services, certifying the quality of services. ... (3) The accreditation shall be granted by the National Commission for the Accreditation of Hospitals on the basis of the evaluation criteria approved by Government decision. ... (4) The National Commission for the Accreditation of Hospitals is composed of designated representatives, as follows: 2 representatives from the Ministry of Health, 2 representatives from the Romanian College of Physicians, 2 representatives of the House National Health Insurance and a representative of the Hospital Association of Romania. ... (5) If a hospital no longer meets the criteria provided in par. (3), the accreditation shall be withdrawn by the National Commission for the Accreditation of Hospitals. ... + Article 8 Hospitals are ranked, on the occasion of accreditation, in relation to the professional competence of the staff, with the degree of endowment and with other criteria established by the National Hospital Accreditation Commission. + Article 9 Establishment, reorganization or abolition of hospitals is done with the opinion of the Ministry of Health + Article 10 Hospitals structure, operate and run distinctly, on the following activities: a) diagnosis and therapy; ... b) care of the patient; ... c) management. ... + Article 11 (1) The public hospital is run by a board of directors made up of 3-7 members, appointed by the owner. ... (2) The executive management of the hospital shall consist of: ... a) Managing Director; ... b) medical director, must be a doctor; ... c) Director of care, coordinating nurse of the hospital care; ... d) administrative, financial-accounting director. ... (3) The executive management of the hospital is based on a limited-term management contract. The directorial functions are obtained by competition, supported in the presence of the members of the board The eligibility criteria, the general conditions of organization of the contest, as well as the framework provisions of the management contract are elaborated by the National Commission for the Accreditation of Hospitals. ... (4) In hospital units that also have organizational structures of scientific research, as well as powers of coordination of national health programs, the structure of the board of directors and the executive management respectively adapt the specificity of each unit. ... + Article 12 The hospital has the obligation to register, store, process and transmit the information related to the care activity, according to the norms developed by the Ministry of Health. + Chapter 3 Hospital financing + Article 13 Public and private hospitals operate on the principle of financial autonomy, develop and execute their own revenue and expenditure budgets. + Article 14 (1) The financing of public and private hospitals shall be ensured from the revenues made in relation to the medical services provided on the basis of contracts concluded with the health insurance companies, from the state budget, from the local budgets, from the associations investment in medical or medical-social profile, from donations and sponsorships, as well as from income obtained from individuals and legal entities, under the law. ... (2) From the state budget, the financing of national health programs, the realization of new constructions, the carrying out of capital repairs, as well as the endowment with high performance medical equipment. ... + Article 15 The conditions for contracting medical services provided by the hospital and their rates are set in the framework contract, according to the law. + Article 16 (1) The medical services provided by the hospital shall be established by the contract ending between the hospital and the health insurance company or other contractors. ... (2) For hospitals working in the health insurance system, the framework contract for the medical services provided by them is elaborated by the National Health Insurance House and the Romanian College of Physicians, with the opinion The Ministry of Health, and is approved by Government decision. ... + Article 17 (1) Staff assigned to health facilities shall be paid as follows: ... a) the amount corresponding to the minimum wage, from the state budget; ... b) to the minimum wage is added the income made from the contracts concluded with the health insurance company. ... ((2) Salarisation of staff in private hospitals shall be established by negotiation between the parties. ... + Chapter 4 Transitional and final provisions + Article 18 The Ministry of Health will take measures to reorganize existing public hospitals, in accordance with the provisions of this law, within 12 months from the date of its entry into force. + Article 19 ((1) Imobiles under the administration of public hospitals, which are reorganized and become available, may be sold, rented or leased, as the case may be, under the law, to natural or legal persons, for the purpose of organization and operation private hospitals or other forms of healthcare. The criteria on the basis of which will be able to be sold, rented or leased the available buildings are established by the National Paritary Commission, consisting of representatives of the Ministry of Health and the Romanian College of Physicians. ... (2) The same regime also benefits the movable property owned by the public hospital. ... ((3) The amounts obtained from the rental, sale or concession of the existing buildings and medical equipment constitute income that is included in the local budgets and shall be made entirely available to the county public health departments, respectively of the city of Bucharest, only for the purpose of purchasing medical equipment for reorganized public hospitals. ... + Article 20 The provisions of this law 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 from the date of its publication in the Official Gazette of Romania, Part I. ... (2) The same date shall be repealed art. 25 25-30 of Law no. 3/1978 on the health insurance of the population, published in the Official Bulletin, Part I, no. 54 of July 10, 1978, as well as any other provisions contrary to this law. ... This law was adopted by the Chamber of Deputies at the meeting of June 30, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. PRESIDENT CHAMBER OF DEPUTIES, ANDREI IOAN CHILIMAN This law was adopted by the Senate at the meeting of June 30, 1999, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ULM NICOLAE SPINEANU -----------
