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Decree Law No. 23/2020


Publication: Republic Diary No. 100/2020, Series I of 2020-05-22
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 23/2020
  • Pages: 2 - 4

Summary in plain english

What is it?

This decree-law establishes the rules for the execution of management partnership contracts in the health area, on a supplementary and temporary basis, in cases of justified need, and defines the terms of management of National Health Service (SNS) establishments, when these are based on the execution of these same contracts.

What is going to change?

This diploma introduces the express provision of the necessary conditions for the creation of management partnerships of SNS health establishments, which are assumed to be supplementary and temporary.

For the purposes of fulfilling the condition of "justified need" for the existence of the management partnership, the Central Administration of the Health System (ACSS) and the Regional Health Administration (ARS) territorially competent for the area of the establishment must prepare a study, which must conclude by verifying the same "justified need", being subject to the approval of the Government member responsible for the health area.

This study must address the following assumptions in its analysis:

    • What are the needs of the users of the geographical area;
    • The existing supply in the area and the possibility of concluding agreement contracts to meet the needs; and
    • The period that the SNS, without recourse to partnerships, envisages to supply the needs verified.

The principles of public management that must be observed by the entity managing a public-private partnership for the management of a health establishment of the SNS are also envisaged.

What advantages does it bring?

The study of the ACSS and the ARS will allow the Government member responsible for the health area, giving priority to the State's own services at the level of clinical management of SNS establishments, to consider whether the management partnership fits into the logic of Basis 6 of the Basic Health Law, i.e. whether recourse to it is of a supplementary and temporary nature.

The principles of public management by which the managing entity of a partnership contract for the management of an SNS establishment must be governed are established, translating essential and indispensable aspects, which obey, mainly, to public service duties (e.g. guarantee of universality of access).

When does it enter into force?

This decree-law enters into force on 23 May 2020.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.