Law 15/1997 of April 25 on enabling new forms of management in the National Health System.
Reasons Exhibition
Law 14/1986, of April 25, General of Health, incorporated into the National Health System, a model of organization of centers and services characterized, mainly by direct management, traditional in health institutions of securitySocial.This standard also regulated the linking of general general hospitals through singular agreements, and concerts for the provision of health service with foreign means, giving priority to establishments, centers and services without lucrative character.
In order to expand the organizational forms of the management of the health centers, the Royal Decree-Law 10/1996, of June 17, on the authorization of new forms of LNSALUD management, came to establish that the administration of them could takecarried out, not only directly, but indirectly through any entities admitted in law, as well as through the Constitution of consortiums, foundations or other entities endowed with legal personality, being able, in addition, agreements or agreements with persons or public or private entities, and integrated or shared management formulas, generalizing the forecasts contained in various laws issued by the autonomous communities with competence in the field.
The entry into force of the aforementioned Royal Decree-Law 10/1996 has allowed the National Institute of Health to implement some management initiatives and, in particular, the constitution of foundations of nature or public ownership for the management ofNew hospitals.
It should also be noted that various public companies and consortiums have been created by the Autonomous Communities under their specific legislation.
This law proceeds to give new writing to the single article of the aforementioned Royal Decree-Law, now transformed into the law enable new forms of management of the National Health System.This law establishes that the management of health and socio -health centers and services can be carried out directly or indirectly through any entities of a public nature or ownership admitted in law;Among other legal forms, this provision covers management through interposed entities endowed with legal personality, such as public companies, consortiums or foundations - in the same terms to those already created - or other entities of a public nature or ownership admitted in ourlegal system.
In accordance with the provisions of each case, in the laws, through this rule it is expressly enabled to the Government and the governing bodies of the Autonomous Communities - in the areas of their respective powers - to determine regulation, the legal norms, the organs, the organsManagement and Control, the regime of guaranteeing of the benefit, financing and peculiarities in the field of personnel of the entities that could be created for the management of the services.In this forecast, the law comes to specify the power to the Government for the unique final provision, 1, of the previous Royal Decree-Law 10/1996-as well as to the governing bodies of the Autonomous Communities in various autonomous laws-, grantingRegulatory nature to the decisions adopted by the Executive on the subject, and setting the extremes that must necessarily be contained in said regulations.
Finally, the bill, in terms similar to the previous Royal Decree-Law, includes the different forms provided for in force, services management through foreign means, emphasizing the possibility of establishing-Who are your modalities- agreements, agreements or contracts with public or private persons or entities, adapting to the guarantees established in the General Health Law.
This in-line standard with the spirit of Royal Decree-Law 10/1996, which comes to replace, must constitute an important instrument of flexibility and autonomy in health management, unavoidable need of the current public organization, with a view to improving efficacyof the National Health System, whose consolidation and modernization is a priority objective of our society.
Single article.
1. In the scope of the National Health System, guaranteeing and preserving in any case its status as a public service, the management and administration of health services, services and establishments for health protection or health care or health care may be carried outdirectly or indirectly through the constitution of any entities of a public nature or ownership admitted in law.
Within the framework of the provisions of the laws, it will correspond to the Government, through Royguarantees of the provision, financing and peculiarities in the field of personnel of the entities that are created for the management of the centers and services mentioned.
2. The provision and management of health and socio -health services may be carried out, in addition to their own means, through agreements, agreements or contracts with public or private persons or entities, in the terms provided in the General Health Law.
Single repealed arrangement.
As many provisions of equal or lower rank are repealed, oppose the provisions of this law.
Unique final disposal.
This law will enter into force on the same day of its publication in the "Official State Gazette."
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