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Health And Medical Service Act

Original Language Title: Hälso- och sjukvårdslag

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/Entry into force: 04/01/2017

SECTION I. INTRODUCTORY PROVISIONS



Chapter 1. Content and scope of application



section 1 of this Act contains provisions on how health and health activities will be organised and conducted. The law applies to all caregivers, as well as counties and municipalities as the main men.



The Act consists of five sections: section I contains introductory provisions (Chapter 1 and 2).



Title II contains provisions for all health care (Chapter 3 – 6).



Title III provides for the Council's responsibility as principal (7-10 chapter).



Title IV contains provisions on the municipality's responsibility as principal (ch. 11-13).



Title V contains other provisions for the principals (14 – 18 kap.).



section 2 of this Act if the county councils also applies to municipalities that are not part of a County.



Title IV concerns those municipalities not included in a County only in cases where it is legally required.



Chapter 2. Definitions



1 § with health care referred to in this law 1. measures to medical prevention, investigation and treatment of diseases and injuries,



2. the transport of the sick, and



3. disposal of the deceased.



The law does not cover dental services under the dental Act (1985:125).



2 § With principal referred to in this law, the county or the municipality in which the law is responsible for providing health care. In a principal geographic area, one or more healthcare providers operate.



section 3 of this law with health care providers covered by State Agency, County, municipality, other legal entity or individual entrepreneur who conduct health care operations.



paragraph 4 With in-patient care referred to in this law, the health care provided to a patient who is included in a health care facility.



5 § with open care referred to in this law, other healthcare than inpatient care.



section 6, With primary health care referred to in this law, health, and health care operations where outpatients are given without distinction with regard to disease, age or patient groups.

Primary care accounts for the need for such basic medical treatment, nursing care, prevention and rehabilitation that does not require hospitals ' medical and technical resources or other special skills.



section 7 Of national care (rikssjukvård) referred to in this law health care conducted by a County Council and in coordination with the country that catchment area.



TITLE II. REGULATIONS FOR ALL HEALTH CARE



Chapter 3. General



§ 1 the aim of health care is a good health and a health care on equal terms for the entire population.



Care should be used with respect for the equal worth and human dignity of the individual. Those who have the greatest need of health care should be given preference to care.



section 2 of the health services will work to prevent illness.



Chapter 4. Organization section 1 of the publicly funded health-care operations shall be organised so as to promote cost efficiency.



2 § Where there is health, and health care operations, there should be somebody who is responsible for operations (Operations Manager).



The Government or the authority that the Government may provide for the responsibilities and duties of Operations Manager.



3 § responsible for management tasks in relation to psychiatric compulsory care and the insulation in accordance with Chapter 5. 1 and 3 of the Act (2004:168) shall be exercised by a chief consultant.

He must have specialist competence.



If Operations Manager is not a doctor with specialist skills, to management tasks performed by a specially appointed chief physician or, in the case of infectious disease control, of executives who have been ordained by virtue of Chapter 5.

section 24 of the Act.



Chapter 5. Business General



section 1 of the health and health care operations to be conducted so that the requirements of a good care are met. This means that particular care should



1. be of good quality with a good standard of hygiene, 2. meet the patient's need for security, business continuity and security, 3. based on respect for the patient's autonomy and integrity, 4. promote good contacts between the patient and healthcare professionals, and



5. be easily available.



2 § Where there is health, and health care operations, there should be the staff, premises and equipment necessary for the proper care can be given.



section 3 Before a new diagnostic or treatment that may have relevance to human dignity and integrity, to the health care provider to make sure that the method has been determined from the individual and socio-ethical aspects.



section 4 of the quality of the business should systematically and continuously developed and secured.



§ 5 the caregiver shall provide an itemized invoice in respect of the costs of the health care received by a patient, if the patient intends to seek compensation for their costs of care in accordance with European Parliament and Council directive 2011/24 of 9 March 2010 on the application of patients ' rights in cross-border healthcare, in the original wording.



Specific obligations relating to children



section 6, When health care is provided to children, the best interests of the child, in particular, be taken into account.



section 7 of The children's needs for information, advice and support should particularly be taken into account if the child's parent or another adult whom the child permanently lives with



1. have a mental disorder or mental disability,



2. have a serious physical illness or injury, or



3. is addicted to alcohol or other addictive substances.



The same applies if the child's parent or another adult whom the child permanently lives with unexpectedly dies.



section 8 of the health care initiative on social welfare Board shall, in matters concerning children who suffer or are at risk of danger, bad, interact with community agencies, organizations and others concerned. In the case of disclosure of information concerning the limits of Chapter 6. 12-14 § § the patient safety Act (2010:659) and of public access to information and secrecy (2009:400).



Provisions on the obligation to notify the social welfare that a child may need protection board, see Chapter 14. section 1 of the Social Service Act (2001:453).



Chapter 6. Other appropriations



section 1 of the Government may provide for



1. that the country should be divided into regions for the health care that involve multiple regions,



2. health and medical services in the war, at war or under such exceptional circumstances caused by the war beyond the borders of Sweden or of Sweden have been at war or war danger, and




3. the pursuit of health and health care operations.



section 2 of the Government or the authority that the Government may provide for 1. eligibility for employment, and the addition of services in health care, 2. obligations of doctors employed at the units carrying out higher education for graduate and research, 3. health care in peacetime, if from a national perspective, there is a need for disaster response, and



4. health care is needed for the protection of the individual.



TITLE III. THE COUNTY COUNCIL'S RESPONSIBILITY AS PRINCIPAL



Chapter 7. Organization, planning and coordination section 1 of the management of health and sjukvårdsverksamheten in the County Council shall be exercised by one or several boards. For such a Board to what is prescribed on the boards in the local Government Act (1991:900). Provisions on Joint Committee exists in the Act (2003:192) on the Joint Committee within health and social care area.



section 2 of the County Council will plan their health care on the basis of the need for care of those who are covered by the County Council's responsibility for health care.



The County Council will take into account when designing the health services offered by other health care providers.



The County Council will also plan their health care so that a disaster medicine preparedness is maintained.



section 3 of the County Council will organise primary health care so that all covered by the County Council's responsibilities for health care can choose providers of health services and access to and choose a firm physical contact (vårdval system). The County shall not restrict the individual's choice to a specific geographic area within the County.



The County Council will devise vårdval system so that all performers are treated equally, unless there are reasons for something else.

Compensation from the County Council to the performer (s) within a system must comply with the individual vårdval choice of performers.



When the County Council decided to introduce a system of law should vårdval (2008:962) on the free market system.



4 § health care requiring admission at the health care facility, hospital.



§ 5 the authority the Government decides which health care which will form the national care (rikssjukvård).



To pursue national care (rikssjukvård) requires permission. The authority that the Government may, on application from a County grant such permission. The authorization must be limited in time and subject to conditions.



The decision of the authority referred to in the first and second subparagraphs may not be appealed.



section 6 of the County Council is responsible for it within the County, there is an appropriate organization to to and from the medical facility or physician to transport persons whose condition requires that the transport is carried out by means of transport that are specially constituted for the purpose.



section 7 of the planning and development of health services to the County cooperate with community agencies, organizations and health care providers.



section 8 of the health care involving several counties, the county councils work together.



§ 9 the County Council may conclude agreements with municipalities, social insurance and employment agency if, in the course of the Council's duties under this Act in order to achieve a more efficient use of available resources.

The County Council will contribute to the financing of such activities in collaboration. Under the Act (2003:1210) on financial coordination of rehabilitation efforts, the county participate in financial coordination in the area of rehabilitation.



The National Audit Office shall audit the activities carried out in collaboration with and partly funded by the Swedish social insurance agency or employment service. The National Audit Office has the right to take part of the information needed for the review.



Chapter 8. Responsibility to provide health care § 1 the County Council shall offer good health care to those who reside in the County. The same applies in the case of the one that is kvarskriven according to section 16 of the Civil Registry Act (1991:481) and that usually resides in the County.

Otherwise, the County Council promote the good health of the population.



section 2 of the County Council shall offer good health care for 1. Anyone who, without being a resident here, are entitled to benefits in kind for sickness and maternity in Sweden according to the provisions of European Parliament and Council Regulation (EC) No 883/2004 of 29 april 2004 on the coordination of social security systems, and



2. the referred to in Chapter 5. paragraph 7 of the first paragraph, the social security code and who are covered by the regulation.



Care shall be offered by the Governments in whose territory the person is pursuing a professional or trade activity, or, in the case of a person who is unemployed, the Governments in whose territory that person is registered as unemployed. To the extent that family members of these persons are entitled to benefits in kind for sickness and maternity in Sweden according to the provisions of the regulation, should family members be offered care from the same County. If the family members are residing in Sweden, however, § 1.



section 3 of the County Council shall offer open care for the subject of another county responsibility for health care. Such a patient is not covered by the County Council's health care guarantee in accordance with Chapter 9. § 1. In addition, care is provided under the same conditions as those applicable to its own residents.



If the patient is covered by another County Council responsibilities for health care under section, responds that the County for the costs of care that the patient is given pursuant to the first subparagraph. However, this does not apply if the County requires referral for treatment and these referral rules are not followed.



section 4 If anyone residing within the County without being resident there need immediate care, should the County provide such care.



paragraph 5 of the County may also be in other cases offer healthcare to the subject of another county responsibility for health care, if



1. the Regional Council are in agreement, or



2. in the case of national care (rikssjukvård).



section 6 of the County Council's responsibility does not extend to such health care as a municipality in the County is responsible for under 12. § 1 or Chapter 14. § 1.



section 7 of the County Council shall offer them referred to in paragraph 1. Habilitation and rehabilitation,



2. accessibility for people with disabilities, and



3. interpreting service for vardagstolkning of childhood deaf, deaf-blind, adult deaf and hard of hearing.



The County Council's liability does not cover the actions referred to in the first subparagraph 1 and 2 which is a municipality in the County is responsible for


According to Chapter 12. § 5. The County Council's responsibility does not imply any restriction on the obligations of employers or others may have under other law.



The County Council will, in collaboration with the patient, establish an individual plan when the actions referred to in the first subparagraph 1 or 2 are available. Of the plan, planned and agreed action.



section 8 County Council shall offer medicines at no cost to the receiving health care in the home (home health care).



§ 9 the County Council will provide the referred to in paragraph 1 of the consumables that are needed continuously due to serious illness or after treatment of such disease.

This does not apply if the municipality has similar responsibilities under Chapter 12. section 6.



The Government or the authority that the Government may provide for the supplies covered by the first subparagraph.



section 10 special provisions for health and medical services Act (2008:344) on health care for asylum seekers and others.

and the law (2013:407) about health care to certain foreign nationals residing in Sweden without necessary permits.



Chapter 9. Health care guarantee



§ 1 the County Council shall offer health care guarantee to the subject of the County Council's responsibilities in accordance with Chapter 8. 1 or 2 §.

It shall contain a statement that the individual within a certain time,



1. contact with primary care,



2. visit the doctor in primary care,



3. visit the specialist care, and



4. planned care.



section 2 If the County does not meet the warranty under section 3 or 4, the County Council to ensure that patients receive care from another health care provider at no additional cost to the patient.



section 3 of the County shall report data on wait times to a national database.



section 4 of the Government or the authority that the Government may provide for



1. the time periods within which the health care guarantee under section must be met, and if the coverage content, and



2. the county councils ' reporting obligations under paragraph 3.



10 Cape. Miscellaneous



Choice of treatment options section 1 the County Council will give the patient the opportunity to select treatment options as set out in Chapter 7. paragraph 1 of the law on patient rights (2014:821).



Choice of tools



section 2 of the County Council will give the patient the opportunity to choose AIDS as set out in Chapter 7. paragraph 2 of the law on patient rights (2014:821).



New medical assessment



section 3 of the County Council will give the patient the opportunity to get a new medical assessment as set out in Chapter 8. paragraph 1 of the law on patient rights (2014:821).



Health care in conjunction with search and rescue efforts



4 § in connection with search and rescue efforts in parts of the sea outside the territorial waters of Sweden, where search and rescue service is for the Swedish authorities, the County pursue health care in order to minimize the physical and psychological consequences of an accident.



Public service and specialiseringstjänstgöring, § 5 of the county councils, there should be opportunities for employment for the doctors ' general duty to such an extent that all doctors who completed a medical degree and doctors with foreign education prescribed public service are given the opportunity to carry out practical service to get the ID physician pursuant to Chapter 4. Patient Safety Act (2010:659).

Employment for General Service should be carried out for some time.



In the county councils shall also be opportunities to employment for physician's specialiseringstjänstgöring to an extent equal to the projected future need for doctors with specialist competence in clinical practice.



TITLE IV. THE MUNICIPALITY'S RESPONSIBILITY AS PRINCIPAL



11 kap. Organization, planning and coordination



§ 1 the management of the municipal health and sjukvårdsverksamheten shall be exercised by the boards as the City Council pursuant to Chapter 2. section 4 of the Social Service Act (2001:453). Provisions on Joint Committee exists in the Act (2003:192) on the Joint Committee within health and social care area.



section 2 of the municipality must plan their health care on the basis of the needs of such care.



The municipality shall take into account, in designing the health services offered by other health care providers.



section 3 of the planning and development of health care, the municipality interact with community agencies, organizations and health care providers.



4 § within the field of activity which the municipality determines, there shall be a medically responsible nurse.



If a business scope mainly includes rehabilitation, a physiotherapist or occupational therapist perform the duties of a medically responsible nurse.



The first and second paragraphs applies such health and health care operations as described in Chapter 12. 1 and 2 sections in a municipality that is not part of a County, if the business is no doctor.



The Government or the authority that the Government may provide for the responsibilities and tasks of the personnel referred to in the first and second subparagraphs.



12 Cape. Responsibility to provide health care



section 1 of the municipality shall offer good health care to those who, following a decision of the municipality live in such accommodation or residence referred to in Chapter 5. paragraph 5 of the second paragraph, Chapter 5. the third subparagraph of paragraph 7 or Chapter 7. Article 1, first paragraph 2 Social Services Act (2001:453). The municipality is also associated with daytime activities under Chapter 3. paragraph 6 of the same law provide a good health care to those who stay in business today.



section 2 of the municipality may offer the residing in the municipality of healthcare at home (home care) in ordinary accommodation.



section 3 except as provided in Chapter 16. the third subparagraph of paragraph 1 of the terms of the provisions of paragraphs 1 and 2 not such health care provided by physicians.



section 4 of the County may, on the request of a municipality in the County offer medicines free of cost from drug stores to the



1. living in such a special accommodation form referred to in Chapter 5. paragraph 5, second subparagraph, Social Services Act (2001:453), or



2. get home health care through the Agency of the municipality.



The County Council is responsible for the cost of medicines that can be obtained to drug stores.



paragraph 5 of the municipality shall, in conjunction with health care in accordance with paragraph 1 or 2 or 14. § 1 offer habilitation and rehabilitation services and accessibility for people with disabilities.



The municipality shall, in collaboration with the individual, create an individual plan when the actions referred to in the first subparagraph are available. Of the plan, planned and agreed action.



section 6 of the municipality shall, in conjunction with health care under section provide such supplies as referred to in Chapter 8.

§ 9.



Chapter 13. Miscellaneous



Choice of treatment options




section 1 of the municipality shall give the individual the opportunity to choose the treatment options within the healthcare provided in Chapter 12. 1 and 2 sections and chapter 14. section 1 as set out in Chapter 7. paragraph 1 of the law on patient rights (2014:821).



Choice of tools



section 2 of the municipality shall give the individual the opportunity to choose AIDS as set out in Chapter 7. paragraph 2 of the law on patient rights (2014:821).



TITLE V. OTHER PROVISIONS FOR PRINCIPALS



Chapter 14. The transfer of responsibility from the counties to the municipality, section 1 of the County Council, a municipality within the County Council transfer the obligation to provide health care at home (home care) in ordinary property, if the County Council and the municipality are in agreement. Agreement must not refer to responsibility for health care provided by physicians. The agreement may also refer to responsibility for such supplies as referred to in Chapter 8. § 9.



The County Council may make such financial contributions to the municipality which is justified by the transfer.



2 § If all municipalities within a County area is part of a transfer of responsibility for home health care under section and if necessary the cost equalization between municipalities, the municipalities provide financial contributions to each other.



section 3 of the County Council may conclude agreement with a municipality within the County Council that the municipality should have responsibility for accessibility for people with disabilities. The provisions on individual plan in Chapter 12. paragraph 5, second subparagraph, and on the choice of means in chapter 13. section 2 also apply in these cases.



15. Agreements with other communication of information section 1 of counties and municipalities, maintaining their ownership contract with someone else to perform the tasks that the county or municipality responsible for under this Act. The agreement shall state the specific conditions concerning the handover. A task that involves the exercise of public authority must, however, not on the basis of that provision is transferred to a legal person or an individual.



16. The interaction between the principals to section 1 of the municipalities within the County Council County Council will allocate medical resources to individuals should be offered a good healthcare in particular property and today activities under Chapter 12. § 1. The same applies to home health care in ordinary property, if a municipality is responsible for health services according to chapter 14. § 1.



The County Council will be with the municipalities within the County Council reach agreement on the scope and modalities of läkarmedverkan.



If the County does not meet its obligations under the contract to provide doctors, have the municipality the right to employ the doctors and be reimbursed for its costs for it from the County Council.



section 2 of the County Council and the municipality must interact so that a single, as the municipality under Chapter 12. 1 or 2 § responsible for, also get other care and treatment, AIDS and supplies in accordance with Chapter 8. § 9 that his or her condition.



section 3 of the County Council will conclude an agreement with the municipality about a cooperation in the area of 1. people with mental disabilities, and



2. people who abuse alcohol, drugs and other addictive substances, drugs or doping substances.



Where possible, organizations representing these people or their relatives are given the opportunity to comment on the contents of the agreement.



4 § When the individual needs efforts from both health and from social services, the County Council along with the municipality set up an individual plan.



The plan shall be drawn up on the county or municipality determines that it is necessary for the individual to get their needs met and if the individual agrees to the plan. should be started without delay.



The plan shall, whenever possible, be drawn up together with the individual. Related parties shall be given the opportunity to participate in the plan, if it is appropriate and the individual does not oppose it.



The plan shall indicate



1. what measures are necessary,



2. What are the actions that each principal shall answer for,



3. what measures are taken by someone other than the county or municipality, and



4. which one of the principals who will have overall responsibility for the plan.



Chapter 17. Fees



Levying of charges



section 1 of the Medical fees and charges on the grounds that patients are absent from the appointment shall be applied according to the grounds of the county or municipality determines. Patients covered by a county or a municipality's liability for health care in accordance with Chapter 8. 1-3 of 12. 1 and 2 sections and chapter 14. section 1 should be treated equally.



The first subparagraph shall not apply to the extent otherwise specifically prescribed.



section 2 of the County Council, for in-patient care setting fee levels in different income ranges and decide which rules on the reduction of the fee will be applied. The charge for in-patient care must not exceed, for each consultation 0.0023 price base amounts according to Chapter 2. 6 and 7 of the social code, rounded down to the nearest ten dollars.



section 3 Of patients 85 or older get care fees and other charges for such care and such supplies as referred to in paragraph 6 is not charged.



§ 4 Only the municipality may levy health care fees for long-term care that it has liability under section 2 of the Act (1990:1404) if the municipal liability for certain health care services.



paragraph 5 of the Fee charged by the patient's guardian, if the patient is under 18 years of age when patient care is given in the absence of an agreed or visit. If there are multiple guardians, they answer jointly and severally liable for the fee. The fee may be charged by the minor if there are special reasons.



High-price protection for fees to counties



section 6 of the individual, the following records together in one year, counting from the first time the fee paid, amount to no more than 0.025 price base amounts according to Chapter 2. 6 and 7 of the social code, rounded down to the nearest fifty crowns, or the lower amount as determined by the County Council:



1. medical fees related to open care under this Act in cases other than those referred to in paragraph 1, 2. fees for supplies as referred to in Chapter 8. section 9, and



3. fees for dental care referred to in paragraph 8 (a) dental Act (1985:125).



For purposes of calculating the fee waiver referred to in the first paragraph, even those deductions that have been made in accordance with the second subparagraph of paragraph 7 the law (2013:513) for reimbursement of costs of healthcare within the European economic area are included.



section 7 Has a parent or parents shared several child


During 18 years in their care, the children shared fee waiver when the costs of fees and deductions made under section 6, totalling the amount referred to therein. Such a fee waiver also applies for children during the period referred to in paragraph 6 of the 18th birthday.



With parent referred to even family home parent. As a parent, it also counts with which one parent habitually cohabit and who are or have been married or have or have had children with the parent.



High-price protection for contributions to municipalities



section 8 of the individual receives fees for the following items together per month up to a maximum of one twelfth of 0.5392 price base amounts according to Chapter 2. 6 and 7 of the social code: 1. care according to Chapter 12. 1 or 2 or 14. section 1,



2. consumable items under Chapter 12. section 6,



3. long-term care as a municipality has the responsibility for payment pursuant to article 2 of the Act (1990:1404) if the municipal liability for certain health care services, and



4. home care and daytime activities in accordance with Chapter 8. paragraph 5 of the Social Services Act (2001:453).



Those fees may not, however, amount to such a large amount that the individual not reserved sufficient funds of his fee basis for their personal needs, and other normal living expenses (reserved for amount). When the charges are determined, should the municipality Additionally ensure that the individual's spouse or common-law partner does not suffer unduly impaired financial situation.



For the purposes of calculating the fee basis and reserved amount referred to in the second paragraph, Chapter 8. 3, 4, 7 and 8 of the social service act shall apply.



Chapter 18. Moreover, the obligation to inform in case of abuse



§ 1 If a Board which exercises supervision pursuant to Chapter 7. § 1 or Chapter 11. section 1 of the its activities complied with any indication that a new medium is used for drug purposes or to changes in patterns of known agents, the Board shall, without delay, notify the public health agency.



Research



section 2 of the counties and municipalities shall participate in the financing, planning and execution of clinical research work in the health care area, partly public health scientific research work. Counties and municipalities shall, to the extent necessary, interact with each other and with interested colleges and universities.



Health care at the extraordinary events in peacetime



paragraph 3 of the People that is received from another municipality or another county pursuant to Chapter 4. section 1 of the Act (2006:544) of municipalities and County Council actions before and during extraordinary events in peacetime and preparedness are covered by the host municipality and County Council responsibilities under this law.



Transitional provisions



2017:30



1. This law shall enter into force on april 1, 2017.



2. By the Act repeals health and medical services Act (1982:763).



3. The provision in Chapter 8. paragraph 3 of the first subparagraph shall not apply to care given in accordance with the agreement on health services that the County Council met with caregivers before 1 January 2015, as long as the agreement relates to. After 1 april 2017, such an agreement cannot be extended without Chapter 8. section 3(1) shall be taken into account.



4. the provisions of chapter 17. section 5 does not apply to charges for which the payment obligation incurred before 1 June 2010.



5. For the scope of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community applies still 3 c § the repealed law in its version prior to January 1, 2011.



6. For physical therapists still apply section 24 of the repealed Act as in force before January 1, 2014.