Microsoft Word - D136-2007.doc 1 REPUBLIC OF SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on December 20, 2007. December 28, 2007 136 LAW AMENDMENTS TO THE LAW May 25, 2004 No. 69 (LEGISLATION ON APPROVAL AND CONSTRUCTION, YEAR AND INSTITUTIONAL accreditation oF HEALTHCARE AND SOCIAL HEALTH PUBLIC AND PRIVATE) Art. 1 the title of the Law 25 May 2004 n. 69 is amended as follows: "DISCIPLINE IN THE MATTER OF APPROVAL AND CONSTRUCTION, AND THE EXERCISE OF INSTITUTIONAL accreditation HEALTHCARE, SOCIAL AND HEALTH AND SOCIAL AND EDUCATIONAL PUBLIC AND PRIVATE" Art. 2 Article 1 of Law 25 May 2004 n . 69 is amended as follows: "The State shall guarantee to citizens and users, through the authorization procedures for the construction, operation and institutional accreditation of public and private structures, effective and safe performance, continuous improvement of the quality of principals health, social health and youth, as well as the systematic and planned development of health services, health and social and socio-educational public. ". Art. 3 The second paragraph of Article 2 of Law 25 May 2004 n. 69 is amended as follows: "For institutional accreditation means the possession of all the requirements of establishment and operation, with the assessment of the added quality of services provided and results achieved 2, for the purpose of power pay benefits on behalf the Public Service within the sectors health, social health and socio-educational. ". Art. 4 Article 4 of Law 25 May 2004 n. 69 is amended as follows: "The general and specific requirements for the authorization and general ones for accreditation are adopted with special decrees. Specific requirements for accreditation for the individual types of structures, programs and professionals, will be adopted by decrees on the basis of the priorities established by the health planning, health and social and socio-educational. The requirements will be updated anyway by delegated decree whenever the technological or organizational developments make this necessary. ". Art. 5 The second paragraph of Article 5 of Law 25 May 2004 n. 69 is amended as follows: "The Executive Authority also provides technical support for the exercise of functions in the field of health planning, health and social and socio-educational.". Art. 6 points 3. and 9. Article 6 of the Law 25 May 2004 n. 69 are amended as follows: "3. provide technical support to the health planning, socio-health and educational partner, in particular for achieving the objectives set by the health plan; 9. organize a health information system, social health and socio-educational for the collection and processing of government data and to support the programming exercise, the management and the innovation of public and private services. ". Art. 7 The second paragraph of Article 7 of the Law 25 May 2004 n. 69 is amended as follows: "The leadership of the employment relationship is exclusive and is governed by a private contract with a duration of three years, renewable. If the place is covered by personnel, establishment or on contract, public administration, the previous position is preserved in law, also benefiting from the expectation for the duration of the contract. In case of temporary or permanent absence of the manager, filling the post is done in the manner prescribed by the Organic Law and subsequent amendments and additions, until the new appointment by the Great and General Council. ". Annex A, in the qualification "Manager" in point "salary level", the Law 24 September 2004 n. 123 is amended as follows: "private law contract.". Art. 8 The second paragraph of Article 9 of the Law 25 May 2004 n. 69 is amended as follows: "The Authority shall conduct verification of effective compliance with the requirements, within thirty days, using qualified personnel.". Art. 9 Article 10 of Law 25 May 2004 n. 69 is amended as follows: 3 "The authorization shall state: - the personal data of the applicant, if the latter is a natural person; - The location and the name, if the applicant is a company; - The location and the name, if the applicant is a public entity; - The type of authorized services; - Any requirements to ensure the effective fulfillment of requirements;
- The name and the academic title of technical director or manager Manager ". Art. 10 Article 13 of Law 25 May 2004 n. 69 is amended as follows: "The persons authorized to provide health activities, health and social and socio-educational, send to the Authority, every two years, self-declaration concerning the permanence of possession of the legal requirements. The Authority shall exercise controls and inspections with use being made of special technical group, whose members are pre-defined by a specific operational protocol by the same Authority. Each control and inspection must be the subject of a specific report and any record as to the procedures provided by law, countersigned, registered and preserved for any legal use. The outcome of the checks and inspections must be promptly communicated to the interested structure. The Authority, although they can conduct supervision according to rates set by their own autonomous responsibility, is always bound to at least one annual inspection ". Art. 11 Article 16 of Law 25 May 2004 n. 69 is amended as follows: "The determination of the additional requirements for accreditation under the second paragraph of Article 2 and Article 4, uniforms for public and private structures, is established by the Congress of State, on a proposal from the Authority , with reference to the functions identified by the state planning to ensure the levels of health care, social and health and the socio-educational, health care provided by the health plan and the national socio-educational and socio-planning documents. These requirements may also be laid down in separate measures in relation to the different types of structures. For accreditation, the entities that provide health services, social and health and socio-educational must submit an application to the Authority, which will check in advance the compliance with general programming. Where there is non-compliance specific to the general programming, the Authority will send to the Congress of State an opinion on the request for accreditation of the subjects, having also acquired ISS assessment for health and social care activities and Management Asili state nursery for educational socio activities on needs and needs quotas. If the services of the requesting parties are in general programming, the Authority shall provide for the documentation and performs the verification visits, directly or by qualified assessors and entered in a special list of the Authority, on the basis of procedures established by the Regulation for accreditation, provided for in Article 4 of this Act. Carried out the verification, the Authority shall provide a report reasoned all'accreditabilità order or less of the structure. The Congress of State, on the basis of the documentation provided, grants or denies accreditation a provision within six months of submission of the application. 4 Accreditation may also be granted with prescriptions. In that case, the measure sets the maximum limit for adapting and within which the Authority provides for a reassessment. The accreditation is valid for four years and the demand for renewal must be submitted at least six months before the expiry date of the previous institutional accreditation. They are not paid into joint-stock companies, and legal persons whose members are not natural persons. ". Art. 12 The second paragraph of Article 20 of Law 25 May 2004 n. 69 is amended as follows: "With delegated decree will be adopted special tariff that will be periodically updated on the basis of costs incurred by the Public". Art. 13 The second paragraph of Article 21 of Law 25 May 2004 n. 69 is amended as follows: "The Congress of State, making use of the Authority, is required to determine the scope of the contractual agreements by defining: - guidelines for the formulation of programs of activities of the facilities concerned, indicating functions and activities to strengthen and weaken, along the lines of the national agenda and in meeting the priorities of the health plan and the health and care and socio-educational programming documents; - Plan of activities related to high cuisine and the network of emergency services; - Criteria for determining the remuneration of the structures; - Health goals and the integration of services programs; - Maximum volume of services that the structures are committed to ensuring, distinguished by type and mode of assistance; - Service requirements to make, especially with regard to accessibility, clinical appropriateness
and organizational, waiting times and continuity of care. " Art. 14 Article 22 of Law 25 May 2004 n. 69 is amended as follows: "Those who, at the date of entry into force of this Act, carry out health activities, health and social and socio-educational, provided for in Article 3, may continue their activities until authorization provided that they comply with current legislation in health and hygiene, occupational safety and protection of the natural and built, as well as regulations in the field of health, social, health and youth. They must adapt the structures to the requirements within the time allowed by a specific delegated decree, after consulting the Authority. The adjustment must still be made within two years of entry into force of this provision. In case of impediments motivated the Congress of State, with the technical support of the Authority, may grant further extensions through delegated decree. "Art. 15 Article 23 of Law 25 May 2004 n. 69 is amended as follows: "The public health facilities, social and health and the socio-educational in service on the entry into force of this Act, shall be provisionally accredited. 5 The same will be subject to institutional accreditation within the timeframe set by the Congress of State, in consultation with the Authority. The adjustment must still be made within five years of entry into force of this provision. In case of impediments motivated the Congress of State, with the technical support of the Authority, on the basis of health planning, health and socio-educational socio may grant further extensions, through delegated decree. The Budget Law will allocate annually, in an own budget, adequate resources for the accreditation of public facilities within the terms provided by this Act. ". Art. 16 The second paragraph of Article 25 of Law 25 May 2004 n. 69 is amended as follows: "In order to fulfill these functions the Authority, in addition to the skills already present within it, must make use of a psycho-pedagogic expert appointed by the Congress of State and an expert in the field of social and educational services, indicated by the Manager Management Nurseries State, detectable among those employed in the same direction. ". Art. 17 are hereby repealed Articles 18 and 24 of Law 25 May 2004 n. 69, the Decree of 5 May 2005 n. 70, the Decree of February 8, 2007 n. 23 and the "Regulations on the socio-educational services for early childhood" attached to the Law 25 May 2004 n. 68. Art. 18 The Congress of State is committed to adopt, by delegated decree, a consolidated text of the laws. Art. 19 This Law shall enter into force on the thirtieth day following that of its legal publication. Our Residence, this day of 28 December 2007/1707 THE CAPTAINS REGENT (Mirco Tomassoni - Alberto Selva) THE SECRETARY OF STATE FOR INTERNAL AFFAIRS (Valeria Ciavatta)