The new healthcare law regulations.
Lic. Jacqueline Dhimes
Dhimes & Marra / attorneys at law

All the actors and bodies involved in the Process of the Healthcare Reform consider that it is a high priority to elaborate proposals and to conclude the process of settlement for its approval of the Rules and Regulations of the Healthcare Law (Law 42-01) approved on March 8, 2001. For those purposes, the Government authorities in coordination with the Legal Advisors and Consultants of the Executive Commission for the Reform of the Health Sector (CERSS) - sponsored by the World Bank and the Interamerican Development Bank -, are currently drafting the Proposals to be submitted for the correspondent legal bodies entitles with the power of enacting them. The texts are drafted and discussed within all the sectors involved in Technical Commissions designated by the National Health Counsel.

The National Health Counsel knows and discusses the different proposals. The Counsel works and coordinates the approval and submission of the Proposals to the correspondent legal entities afore mentioned. The Secretary of State for Health and Social Assistance is the President of the National Health Counsel, which is composed by representatives of the institutions of the different sectors of the healthcare area, such as: the Secretariat of State for Labor, the Secretariat of State for Education, the Dominican Institute for Social Security, the Medical Corp and Military Sanity of the Arm Forces and the National Police Department, the Dominican Medical Association, the Medical Private Centers Associations, the Private Organizations acting in the sector, among others.

As up today, the proposals approved via Decrees and Resolutions include the following: Decree 1130-01 dated November 20, 2001 which establishes the internal rules of the National Counsel of Health (organization which co-gestionate the health sector in conjunction with the Secretary of State); Resolution 01 of the National Health Counsel which create the General Normative Rules for the elaboration of the Proposals for the Regulations and definitions of procedure to guarantee the accomplishment of settlement and discussion between the different authors that are involved in the process; the Regulation regarding the Habilitation of Health Establishments as well as the Regulation regards Transplantation of Organs. Some other important Regulations are now in the final process of approval: the Rules and Regulations for the Rectory of the Sector which separates the faculties of the Secretariat for ruling and controlling from the functions of rendering the healthcare services; the Regulation to amend the current Hospital Regime and, some others.

Other important proposals are actually been discussed, being particularly important the regulations for cosmetics and pharmaceuticals – expanding the scope of the existing regulations in order to adjust them to the new General Healthcare Law – and that will regulate the management agreements – for the assignation of resources in the Hospitals of the SESPAS – and those of the Agreements subscribed to regulate the Non Governmental Organizations (ONG). These latest proposals for regulations will represent an innovation in the legal framework of the health sector since there are precedents within the national legislation.

The management agreements incorporated are of vital importance since they guarantee the decentralization pillars of the Health Reform – referring both terms to the rectors functions of the SESPAS, instead of allowing centralization of the affairs of the Health Sector. From have forward, each province and community has been of autonomy or independence in its decisions. One of the forms proposed to those purposes is granted the assignation of resources and periodical evaluation of the performance of the new hospital management.

We are directly involved as Off-Counsels for the Executive Commission of the Healthcare Reform personally in charge of drafting and govern the sessions held for the discussion of some of the already approved Regulations before mentioned. We elaborate, among others, the proposal for the Hospital Rules and Regulations, as well as the Rules and Regulations for Medicines, Cosmetics and Hygienic Products to create a consistent and modern regime for these important products, protecting the users rights and encouraging the sectors to contribute in the improvement of the current structures. Our staff is consistently giving us the legal and human necessary support for drafting good and efficient legal instruments in accordance with our legal framework.

Undoubtedly the process is long, but we have traveled an important road with the approval of the laws that will serve of support to the reform of the health sector: the General Healthcare Law, as well as the Law that creates the Dominican Social Security System.