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Law No. 151 Of 14 May 2004 Approving Government Ordinance No. 40/2004 Amending And Supplementing Law No Hospitals. 270/2003

Original Language Title:  LEGE nr. 151 din 14 mai 2004 privind aprobarea Ordonanţei Guvernului nr. 40/2004 pentru modificarea şi completarea Legii spitalelor nr. 270/2003

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LEGE no. 151 151 of 14 May 2004 on approval Government Ordinance no. 40/2004 to amend and supplement Hospital law no. 270/2003
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 460 460 of 21 May 2004



The Romanian Parliament adopts this law + Article I Approval Government Ordinance no. 40 40 of 29 January 2004 to amend and supplement Hospital law no. 270/2003 ,, adopted pursuant to art. 1 1 section V. 2 of Law no. 559/2003 on the empowerment of the Government to issue ordinances, published in the Official Gazette of Romania, Part I, no. 92 of 31 January 2004, with the following amendments and additions: 1. in Article I, point 3, points a), b), f), g), h) and n) of Article 8 shall read as follows: " a) the general hospital is the hospital that has organized in the structure, as a rule, 3 of the 4 basic specialties, namely internal medicine, pediatrics, obstetrics-gynecology and surgery; b) the specialized hospital is the hospital that provides medical assistance in a specialty in connection with other complementary specialties; ........................................................................................ f) the municipal hospital and the city hospital are general hospitals that have at least the basic specialties, except for the municipal hospitals organized in the county seat; g) the communal hospital is the health unit with beds, which provide specialized medical assistance for the population of several close rural localities, having in the composition of wards or compartments of internal medicine, pediatrics and obstetrics; h) the clinical hospital is the hospital that has at least two university clinics that provide medical assistance, carry out educational activity, medical scientific research and continuing education. Institutes, medical centers and specialized hospitals that have a university clinic are clinical hospitals; ...................................................................................... n) institutes and clinical medical centers are specialized medical assistance units in which educational and medical scientific research, guidance and methodological coordination are carried out on their fields of activity, as well as continuous medical education; for specialized medical care can be organized medical centers where medical education and medical scientific research are not carried out; " 2. In Article I, points 4 ^ 1 and 4 ^ 2 are inserted after point 4: "" 4 ^ 1. Points b), f) and k) of paragraph 3 of Article 10 shall read as follows: " b) sections or specialized compartments with a minimum number of beds, approved by order of the Minister of Health for: internal medicine, anesthesia and intensive care, general surgery, traumatology and orthopedics, pediatrics, obstetrics-gynecology and neonatology, infectious diseases, neurology, O.R.L. and ophthalmology, except in situations where specialized hospitals operate in that locality. Optionally you can organize wards or compartments in other specialties; ....................................................................................... f) services or compartments of prevention and control of nosocomial infections, depending on the number of beds in the hospital; ....................................................................................... k) service or compartment of relations with the public and other services. " 4 ^ 2. Paragraph 7 of Article 13 shall read as follows: "(7) The Regulation on organization and functioning of the National Commission for the Accreditation of Hospitals shall be established by law." " 3. In Article I, point 5, paragraph 8 of Article 13 shall read as follows: "(8) The members of the National Commission for the Accreditation of Hospitals receive a monthly allowance in the amount of 48% of the salary of a secretary of state, provided that they participate in all the meetings of that month." 4. In Article I, point 6, paragraph 3 of Article 15 shall read as follows: "(3) The members of the National Commission for the Accreditation of Hospitals are incompatible with the quality of member in the management bodies of hospitals and cannot hold private offices or clinics." 5. In Article I, after point 6, point 6 ^ 1 is inserted as follows: " paragraphs 1 and 3 of Article 19 shall read as follows: "" Art. 19. -(1) The establishment or abolition of public hospitals shall be made by Government decision, initiated by the Ministry of Health, with the opinion of the local and county council, or by the ministries and institutions with their own health network, with the opinion Health Ministry. ....................................................................................... (3) Reorganization, change of headquarters and names for public hospitals shall be approved by order of the Minister of Health, at the proposal of the management of the hospitals, with the opinion of the county council or of the local council, as the case may be sanitary subordinated to ministries and institutions with their own health network, by order or decision of the minister or director of the institution, with the opinion of the Ministry of Health. The organizational structure of health facilities subordinated to ministries and institutions with their own health network shall be established with the opinion of the Ministry of Health. "" 6. In Article I, point 7, Article 23 shall read as follows: "" Art. 23. -(1) The executive management of public hospitals is provided by the steering committee. (. The Steering Committee shall include: a) the general manager; b) the medical deputy director-general, for hospitals with more than 200 beds, except for clinical hospitals, institutes and clinical medical centers; c) the chief accountant; d) the administrative director, for hospitals with over 200 beds, except for clinical hospitals, institutes and clinical medical centers; e) the director of care, a nurse by profession, for hospitals with over 400 beds. (3) Persons who hold private clinics or are shareholders or associates in companies that are in the object of activity the provision of medical services are incompatible with the membership in the director committee of the hospital. (4) The members of the steering committee shall be appointed for a period of 4 years by the board of directors, by competition organized under the law. (. The Steering Committee shall conduct the entire activity of the hospital between the meetings of the Management Board, in accordance with its decisions. (. The Director-General shall conduct the work of the (7) The executive management of public hospitals with a smaller number of 200 beds is provided by the Director-General and the Chief Accountant. (8) Within the hospital the medical board is organized, consisting of heads of department, heads of departments, laboratories or compartments. (9) The powers and powers of the medical board are approved by order of the Minister of Health, with the opinion of the Romanian College of Physicians 7. In Article I, point 9 shall read as follows: "" 9. Article 25 will read as follows: "" Art. 25. -(1) The Board of Directors consists of 7-9 members, depending on the size of the hospital and the complexity of the medical services awarded. The chairman of the board is elected from among its members, with a simple majority of the total number. (. The members of the Management Board shall be: a) two representatives of the Ministry of Health or of the public health department, as appropriate; b) two representatives appointed by the county or local council, one of which is a specialist in local public finances, or by ministries or institutions with their own health network, as the case may be; c) a representative of the Romanian College of Physicians; d) a representative of the Order of Nurses in Romania; e) the general manager; f) two representatives of the university or faculty of medicine, for clinical, university hospitals, institutes and clinical medical centers. (3) For hospitals in the defense system, public order, national security and judicial authority, the members of the hospital's board of directors are designated according to their own regulations. (4) The validation of the nominal composition of the board of directors shall be made by the National Commission for the Accreditation of Hospitals. Until the establishment of the National Hospital Accreditation Commission, the validation of the nominal composition of the boards is made, as the case may be, by the public health department, the Ministry of Health, respectively the specialized directions in the framework of ministries and institutions with their own health network. (5) At the meetings of the board of directors participate, without the right to vote, a representative of trade union organizations and employers signatories of the collective agreement at the level of health branch. (6) The Board of Directors shall be headed by the President. (7) The main tasks of the Management Board are as follows: a) approve the hospital's revenue and expenditure budget, as well as the annual financial statements, under the law; b) organizes a competition for the position of general manager, deputy director-general, of the other positions of director and chief accounting officer, on the basis of the regulation approved for this purpose by order of the Minister of Health; the Chairman of the Management Board shall appoint the persons who have promoted the contest c) approve the measures for the development of the hospital's activity, in accordance with the needs of medical services d) approve the public procurement plan, as well as the list of investments and current repair works or capitals that are to be carried out in a financial year, under the law; e) analyze the fulfilment of the obligations of the steering committee and the activity of the Managing Director, having measures to improve the activity; f) negotiates, through the president and the general manager, the contracts for the supply of medical services with the health insurance companies. (8) The Board of Directors shall meet on a monthly basis or whenever necessary, at the request of the majority of its members, the President or the Director-General, and shall take decisions with the simple majority of the total number of members. "" 8. In Article I, point 10 shall be repealed. 9. In Article I, point 11, paragraph 1 of Article 26 shall read as follows: "" Art. 26. -(1) For clinical and university hospitals, as well as for institutes and clinical medical centers, candidates for the position of general manager must be university teaching staff and meet the conditions provided in par. ((2) and (3). For institutes and clinical medical centers, scientific researchers may also participate. " 10. Article I, after point 12, insert point 12 ^ 1 with the following contents: " 12 ^ 1. Paragraph 2 of Article 29 shall read as follows: "" (2) Revocation of the members of the Steering Committee, namely the Director-General, the Deputy Director-General, the Administrative Director, the Chief Accountant or the Director of Care, in case of non-realisation of performance indicators the activity established in the management contract or in the case of committing abuses or misconduct, shall be done by the board of directors. The Ministry of Health, the public health department and/or the relevant ministry may propose to revoke the members of the steering committee. " 11. In Article I, paragraph 15, paragraph 1 of Article 35 shall read as follows: "" Art. 35. -(1) Public hospitals are public institutions financed by their own income and operate on the principle of financial autonomy. The own revenues of public hospitals come from the amounts collected for medical services provided on the basis of contracts concluded with health insurance companies and other sources, according to the law. " 12. In Article I, paragraph 16, paragraph 3 of Article 36 shall read as follows: " (3) Local budgets participate in the financing of maintenance and management expenses, repairs, consolidation, extension, modernization and completion of construction of public health facilities, of county or local interest, within the limits of credits budget approved with this destination in local budgets. " 13. In Article I, point 19, Article 39 shall read as follows: "" Art. 39. -(1) In case of debts at the date of appointment of the hospital management, they will be highlighted separately in the management contract establishing the possibilities and the range in which these debts will be liquidated, under the conditions Law. (2) In special situations affecting the health of the population, declared by order of the Minister of Health, the debts that require the supplementation of the approved income and expenditure budget shall be borne from the Reserve Fund of the Fund single national health insurance social. " 14. in Article I, after point 19, points 19 ^ 1 and 19 ^ 2 are inserted as follows: " 19 ^ 1. Paragraph 1 of Article 40 shall read as follows: "" Art. 40. -(1) The internal public audit shall be exercised by a specialized structure, organized under the law at the level of the hospital. If such a specialized structure is not organized, the internal public audit shall be exercised by the specialized structure within the public health department or within the Ministry of Health, respectively by the relevant ministry, where applicable. ' 19 ^ 2. After Article 40, Article 40 ^ 1 is inserted as follows: "" Art. 40 40 ^ 1. -(1) The hospital development fund shall be established from the following sources: a) the share of the depreciation calculated monthly and included in the hospital's revenue and expenditure budget, with the preservation of the financial balance; b) amounts resulting from the valorization of the available goods, as well as from those scrapped in compliance with the legal provisions c) sponsorships with the destination "development"; d) a 20% share of the surplus of the revenue and expenditure budget recorded at the end of the financial year; e) amounts resulting from rentals or leases. (2) The development fund shall be used for the procurement of medical and laboratory equipment and equipment necessary to carry out the activity of the hospital, and shall be approved with the revenue and expenditure budget. ((3) The balance of the development fund remaining at the end of the year shall be carried over to the following year, being used at the same destination. 15. Article I, after point 21, insert point 21 ^ 1 with the following contents: " 21 ^ 1. Paragraph 2 of Article 45 shall read as follows: " (2) Teachers who operate in the health facilities provided in art. 6 and 7, as well as in the units assimilated to them, benefit from a minimum allowance of 50% of the salary rights due to the position and professional degree, granted in addition to the due retribution in education. "" + Article II Within 60 days of the publication of this law in the Official Gazette of Romania, Part I, the law on the organization and functioning of the National Commission for the Accreditation of Hospitals is adopted. + Article III Within 90 days from the date of entry into force of this law, the contest for filling positions for the position of general manager shall be held, as well as for the other positions that are part of the steering committee, at the hospitals where the posts are not filled by contest. This law was passed by the Senate at the meeting of February 23, 2004, in compliance with the provisions of art 76 76 para. (2) of the Romanian Constitution, republished. p. SENATE PRESIDENT, GHEORGHE BUZATU This law was adopted by the Chamber of Deputies at its meeting on April 27, 2004, in compliance with the provisions of 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, May 14, 2004. No. 151. ------