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Law No. 773 Of 29 December 2001

Original Language Title:  LEGE nr. 773 din 29 decembrie 2001

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LEGE no. 773 773 of 29 December 2001 for approval Government Emergency Ordinance no. 41/1998 on the organization of the medical and psychological assistance activity of transport personnel with duties in the safety of traffic and navigation and the establishment of the House of Health Insurance
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 17 17 of 15 January 2002



The Romanian Parliament adopts this law + Article 1 Approval Government Emergency Ordinance no. 41 41 of 26 November 1998 on the organization of the medical and psychological assistance activity of transport personnel with duties in the safety of traffic and navigation and the establishment of the House of Health Insurance, published in the Official Gazette of the Romania, Part I, no. 456 of 27 November 1998, with the following amendments: 1. The title of the emergency ordinance shall read as follows: " EMERGENCY ORDINANCE on the organization of the medical and psychological assistance activity of transport personnel with duties in the safety of traffic and navigation and the establishment of the Health Insurance House of the Ministry of Public Works, Transport and Dwelling " 2. Article 1 shall read as follows: "" Art. 1. -(1) The medical assistance of transport personnel with duties in the safety of traffic and navigation shall be ensured, as a rule, by the health facilities in the own health network of the Ministry of Public Works, Transport and Housing. (2) The psychological assistance of transport personnel with duties in the safety of traffic and navigation shall be ensured by the psychological laboratories in the health network of their own, and for road transport, and by other laboratories psychological authorized by the Ministry of Health and Family and agreed by the Ministry of Public Works, Transport and Housing. (3) Medical and psychological examination, carried out according to the provisions of par. ((1) and (2), it is mandatory for personnel with duties in the safety of traffic and navigation, constituting the condition for the granting of transport licences issued by the national transport authorities subordinated to the Ministry Public Works, Transportation and Housing. (4) The Ministry of Health and Family is the authority responsible for the organization and functioning of sanitary activity on the territory of Romania 3. Article 2 shall read as follows: "" Art. 2. -In the own health network of the Ministry of Public Works, Transport and Housing operates medical offices, polyclinics, psychological laboratories, preventive medicine centers, diagnostic and treatment centers, recovery centers, hospitals and university clinics. " 4. In Article 3, paragraph 3 shall read as follows: " (3) Proof of meeting the conditions provided in par. (1) and (2) shall be made by medical and psychological aptitude notices, issued following medical and/or psychological examination carried out in the facilities belonging to the health network of the Ministry of Public Works, Transport and Housing or agreed of this. " 5. In Article 4, paragraph 2 shall read as follows: " (2) The psychological control for these functions is carried out in the laboratories of psychology, automotive, rail and naval, from the own health network, as well as by the psychological laboratories agreed by the Ministry of Public Works, Transport and Housing. " 6. Article 7 shall read as follows: "" Art. 7. -(1) The financing of the medical and psychological assistance activity for transport personnel with attributions in safety of traffic and navigation shall be ensured from the state budget through the budget of the Ministry of Public Works, Transport and Housing, as well as by economic agents and other legal entities, according to the provisions art. 28 28 of Law no. 100/1998 on public health assistance. (2) For the medical and psychological assistance services granted to economic agents and other legal entities referred to in par. (1) health facilities may charge tariffs that are constituted in their own income and which will be used mainly for investment expenses in health facilities. " 7. Article 10 shall read as follows: "" Art. 10. -(1) The House of Health Insurance of the Ministry of Public Works, Transport and Housing is established within the health insurance system, such as county health insurance houses, as a public institution without purpose lucrative, with legal personality, carrying out health insurance activities mainly for the staff employed, as well as for pensioners who worked in the system of the Ministry of Public Works, Transport and Housing, public subordinate institutions, national companies, national companies, autonomous regions under the authority of the Ministry of Public Works, Transport and Housing, as well as companies carrying out activities in the field of air, ship, road, rail, metro and metro their family members, namely husband/wife and children, who use the Ministry of Public Works, Transport and Housing's own health network. (2) According to provisions art. 1 1 para. (2) of the Health Insurance Law no. 145/1997 , with subsequent amendments and completions, granting insured persons the right of free choice of doctor, health unit and health insurance company, can be provided at the House of Health Insurance of the Ministry of Public Works, Transport and Housing and other categories of insured. (3) The Health Insurance House of the Ministry of Public Works, Transport and Housing is based in Bucharest and is organized and operated in accordance with the provisions of art. 89 89 of Law no. 145/1997 , with subsequent amendments and completions, on the basis of own status approved by the National Health Insurance House, with the agreement of the Minister of Public Works, Transport and Housing, published in the Official Gazette of Romania, Part I, as well as according to Annex no. 2 2 to Government Decision no. 3/2001 on the organization and functioning of the Ministry of Public Works, Transport and Housing. (4) The Health Insurance House of the Ministry of Public Works, Transport and Housing finances the health facilities of the Ministry of Public Works, Transport and Housing's own health network, which are dispersed on several administrative counties of the country, making up a national network of all modes of transport (railway, road, air, naval), which has a particular specificity, in the sense of the national strategic insurance of passenger traffic safety and material goods. At the same time the Health Insurance House of the Ministry of Public Works, Transport and Housing settles to the own health facilities the medical services provided for all insured, regardless of the house to which they turn contribution. (5) The House of Health Insurance of the Ministry of Public Works, Transport and Housing shall draw up the draft revenue and expenditure budget, which shall be endorsed by the Management Board and approved by the National House of Health Insurance, as principal authorising officer, with the consent of the Minister of Public Works, Transport and Housing. " 8. In Article 11, letter c) shall read as follows: " c) other income. ' 9. In Article 12, letters a), b) and d) shall read as follows: " a) the contribution of legal persons referred to in Article 10 10 para. ((1) and (2); b) the contribution of the staff in the activity and of the retired persons from the units provided in 10 10 para. ((1) and (2) and their family members, respectively spouse and children; ............................................................ d) contributions borne by the state social insurance budget for the persons referred to in lett. b), who are on sick leave, leave for pregnancy or lehusion or on sick leave for the care of the sick child up to 6 years of age. " 10. Article 14 shall read as follows: "" Art. 14. -(1) Providers of medical and psychological services are understood: hospitals, medical diagnostic and treatment centers, medical offices, psychological laboratories, ambulance services in their own health network, as well as other units sanitary according to legal provisions. (2) The sanitary institutions provided in par. (1) have competence in making decisions on the medical situation of persons with attributions in the safety of traffic and navigation and of the other personnel involved in the transport activity. (3) Own insurance may receive medical assistance both in the medical facilities of the own health network and in the medical facilities of the other health networks, with the settlement of expenses between the Ministry of Health Insurance Public Works, Transport and Housing and Service Providers, on a contract basis. (4) Providers of medical and psychological services provided in par. (1) have the obligation to provide medical and psychological services at the request of the insured, based on the principles of solidarity and subsidiarity, following that the settlement of expenses should be made through the House of Health Insurance of the Ministry of Works Public, Transport and Housing and through the other health insurance houses. " 11. Article 16 shall read as follows: "" Art. 16. -(1) The House of Health Insurance of the Ministry of Public Works, Transportation and Housing is headed by the board of directors. (2) The constitution of the Management Board shall be made according Law no. 145/1997 ,, as amended and supplemented. " 12. Article 18 shall read as follows: "" Art. 18. -The accreditation of medical personnel and medical service providers from the Ministry of Public Works, Transport and Housing's own health network shall be carried out by the accreditation commissions organized by the College Doctors in Romania and the House of Health Insurance of the Ministry of Public Works, Transport and Housing, in the parity component. " 13. Article 19 shall read as follows: "" Art. 19. -For the control of the medical services offered by the healthcare providers provided in art. 14 14 para. (1) and (3) The National Health Insurance House together with the Romanian College of Physicians will organize control commissions that will include representatives of the National Health Insurance House, the Romanian College of Physicians and the The Health Insurance House of the Ministry of Public Works, Transport and Housing. " 14 articles 20 and 21 shall be repealed. 15. In Article 22, paragraph 2 shall read as follows: "(2) In case of financial imbalances The Health Insurance House of the Ministry of Public Works, Transport and Housing can benefit, through redistribution, from amounts allocated from the National Health Insurance House, according to the law." 16. Article 24 shall be repealed. 17. Throughout the emergency ordinance the phrase: The Ministry of Transport, the Minister of Transport and the House of Health Insurance of Transport are replaced by the phrases: Ministry of Public Works, Transport and Housing, the minister of public works, transport and housing and, respectively, the House of Health Insurance of the Ministry of Public Works, Transport and Housing. + Article 2 Government Emergency Ordinance no. 41/1998 , with the amendments made by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of November 5, 2001, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, PAUL PACURARU This law was adopted by the Chamber of Deputies at the meeting of November 19, 2001, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, OVIDIU CAMELIU PETRESCU --------------------