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Law No. 99 Of 7 April 2004 Approving Government Ordinance No. 70/2002 Regarding The Administration Of Medical Units And Local County Public

Original Language Title:  LEGE nr. 99 din 7 aprilie 2004 pentru aprobarea Ordonanţei Guvernului nr. 70/2002 privind administrarea unităţilor sanitare publice de interes judeţean şi local

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LEGE no. 99 99 of 7 April 2004 for approval Government Ordinance no. 70/2002 on the administration of public health facilities of county and local interest
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 321 321 of 14 April 2004



The Romanian Parliament adopts this law + Article I Approval Government Ordinance no. 70 70 of 29 August 2002 on the administration of public health facilities of county and local interest, adopted pursuant to art. 1 1 section VII.7 of Law no. 411/2002 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 648 of 31 August 2002, with the following amendments and additions: 1. Article 1 shall read as follows: "" Art. 1-(1) The lands and buildings in which the public health facilities of county or local interest, hereinafter referred to as public health facilities, are an integral part of the public domain of the counties, communes, cities and municipalities and are given in the administration of public health facilities by decision of the county council, the General Council of Bucharest Municipality or the local council, as the case may be, under the law. The components of the material base purchased with funding from the state budget or external loans guaranteed by the Government are private property of the state and are managed by public health facilities. The other components of the material base are private property of the state and are managed by public health facilities. (2) The change of destination or the alienation of the material base of public health facilities can be done according to the law and only with the approval of the Acts of alienation or change of destination of the material base of public health facilities, without the approval of the Ministry of Health, are void. Nullity is found by the court at the request of the Ministry of Health. If the public health facilities provided in par. (1), including medical offices, are leased or auctioned for sale, doctors have the right of pre-emption. (3) The guidance, coordination and monitoring of the activity carried out in public health facilities shall be exercised by the Ministry of Health, as central authority in the field of public health assistance, and by public health directorates, units decentralised which is the local public health authority. (4) The Ministry of Health exercises control over the activity of public health facilities, as well as on the application by them of the legal provisions in force in the field of health. (5) The lands and buildings in which the clinical hospitals operate and the university hospitals are public property of the state, in the administration of the Ministry of Health. " 2. Article 2 shall read as follows: "" Art. 2-(1) In application of the provisions of this ordinance the Ministry of Health, as a central health authority, has the following tasks: a) elaborates the personnel norms, which are approved by order of the Minister of Health; b) approve the organizational structure of public health facilities with legal personality; c) centralizes the quarterly and annual financial statements of public health facilities, according to the legal regulations in the field; d) ensure the distribution and balanced redistribution of doctors in public health facilities, based on the communication by the local public administration authorities of unoccupied posts and the surplus of doctors, according to the norms develop for this purpose within 30 days from the date of entry into force of this ordinance. (2) The responsibility and attribution provided in par. ((1) lit. b) is carried out with the opinion of the county councils or local councils, as appropriate. " 3. Article 3 shall read as follows: "" Art. 3-In application of the provisions of this ordinance the public health directorates have the following a) shall endorse, within 5 working days from the date of receipt, the projects of the revenue and expenditure budgets of the public health facilities; b) approve, within 5 working days from the date of receipt, the states of functions for public health facilities with legal personality and frame them in the norms of personnel approved by order of the Minister of Health, as well as in the budgets of approved revenue and expenditure; c) centralizes the quarterly and annual financial statements transmitted by public health facilities and forwards the centralizing situations to the Ministry of Health; d) submit to the Ministry of Health proposals on the establishment, reorganization or abolition of public health facilities, as the case may be, as well as those regarding the change of profile or the name of these units. 4. Article 4 shall read as follows: "" Art. 4-In application of the provisions of this ordinance the presidents of the county councils and the mayors of the communes, cities, municipalities and sectors of the city of Bucharest a) provide the necessary amounts for maintenance and management expenses, repairs, consolidation, extension and modernization of public health facilities, within the limit of budget credits approved with this destination in local budgets; b) shall endorse, within 10 days from the date of receipt, the projects of the revenue and expenditure budgets, sent by the public health facilities; c) endorses, within 5 days from the date of receipt, the states of functions for public health facilities. " 5. Article 5 shall read as follows: "" Art. 5-(1) County councils and local councils can establish, with the opinion of the Ministry of Health, the Ministry of Administration and Interior and the Ministry of Labour, Social Solidarity and Family, medical-social assistance units, through reorganization of public health facilities. (2) The medical-social assistance units shall be organized as public institutions with legal personality financed from their own income and subsidies granted from local budgets, depending on the subordination. (3) The own incomes of the medical-social assistance units shall be made up of: a) amounts settled by health insurance companies, on the basis of contracts concluded with them, to finance personnel expenses related to doctors and nurses in these units, as well as drug expenses and sanitary materials, according to the provisions of the framework contract; b) personal contributions of the beneficiaries of the services provided or of their legal supporters, approved under the law by decision of the local councils, county councils or the General Council of the Municipality of Bucharest, as the case may be; c) donations, sponsorships and other income. (4) The financing of expenses for the repair and arrangement of buildings in which the medical-social assistance units will operate can be supported from the state budget, through the budget of the Ministry of Labour, Social Solidarity and Family, and the allocation of amounts is approved by Government decision. (5) In application of the provisions (1) and (2) The Ministry of Health, the Ministry of Labour, Social Solidarity and Family and the Ministry of Administration and Interior will develop rules on the organization, operation and financing of medical-social assistance units, which are approved by decision of the Government, within 90 days from the date of entry into force of this ordinance. " 6. Article 5 shall be inserted after Article 5, with the following contents: "" Art. 5 ^ 1-The beneficiaries of the services provided in the medical-social assistance units are persons with chronic conditions that require, permanently or temporarily, supervision, assistance, care, treatment and which, due to reasons of an economic nature, physical, mental or social, do not have the opportunity to ensure their social needs, to develop their own capacities and competences for social integration. " 7. Article 6 shall read as follows: "" Art. 6-(1) In application of the provisions of this ordinance, the management of public health facilities shall a) develop, within 5 days from the date of approval of the revenue and expenditure budget, the state of functions and submit it for approval to the public health department; b) organize the contests for filling vacancies; c) elaborates the quarterly and annual financial statements, according to the legal regulations in force, which they submit for approval, as the case may be, to the president of the county council or the mayor and the public health department centralisation; d) aims to frame expenses in the revenue and expenditure budget; develops and applies measures for the efficient use of the material base and funds in order to increase the quality of the medical act. (2) The management of public health facilities has the obligation to size, with the opinion of the public health departments, the number of personnel, within the state of functions and the approved income and expenditure budget. " 8 articles 7 and 8 shall be repealed. + Article II The date of entry into force of this Law shall be repealed art. III of Government Emergency Ordinance no. 48/2003 on some measures to strengthen the financial discipline and increase the efficiency of the use of funds in the health system, as well as the modification of some normative acts, published in the Official Gazette of Romania, Part I, no. 435 435 of 19 June 2003. This law was adopted by the Chamber of Deputies at its meeting on February 17, 2004, in compliance with the provisions of 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was passed by the Senate at the meeting of March 18, 2004, in compliance with the provisions of art 76 76 para. (2) of the Romanian Constitution, republished. p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, April 7, 2004. No. 99. ------