Esta ley enmienda la Ley Núm. 11 de 11 de abril de 2001, conocida como la "Ley de la Oficina del Procurador del Paciente Beneficiario de la Reforma de Salud". Establece un término fijo de diez (10) años para el puesto de Procurador del Paciente y otorga personalidad jurídica independiente a la Oficina del Procurador del Paciente. La ley detalla las responsabilidades de la Oficina, que incluyen asegurar el cumplimiento de la Carta de Derechos y Responsabilidades del Paciente para los beneficiarios de la Reforma de Salud, y coordinar, manejar y resolver problemas, necesidades y reclamaciones de estos pacientes. También especifica los requisitos para el puesto de Procurador del Paciente, incluyendo la licencia para practicar la medicina en Puerto Rico y experiencia en asuntos de salud.
(Approved September 3, 2004)
To amend Sections 3 and 5 of Act No. 11 of April 11, 2001, known as the "Office of the Advocate for Patients Beneficiaries of the Health Reform Act," to establish a fixed term of ten (10) years for the Advocate for Patients position; and for other purposes.
Act No. 11 of April 11, 2001, created the Office and position of the Advocate for Patients Beneficiaries of the Health Reform whose mission is to enforce the precepts contained in the "Bill of Rights and Responsibilities of the Patient", specifically related to patients beneficiaries of the Health Reform.
The creation of this Office answered the complaints against the supervising system prior to the Reform, which was fragmented into three different agencies and did not achieve the results expected by the patients. It is very important to remember that according to Section 13 of Act No. 11, supra, this Office shall extend islandwide to cover all patients in Puerto Rico.
The Advocate of the Patient has the responsibility to oversee the rights of the patients receiving the services contracted by the Government of the Commonwealth of Puerto Rico. Act No. 11, supra, granted him/her the necessary powers to process and resolve the complaints filled by the patients.
Since the work of the Advocate is of vital importance for our humblest class, it is important for the work be continuous for his/her efforts and developments not to be in vain. However, Act No. 11, supra, establishes that the Advocate for the Patient shall hold office at the volition of the Governor and shall be attached to the Office of the Governor.
In order to provide continuity to the efforts of the Advocate for Patients Beneficiaries of the Health Reform and to prevent that the success of his/her work be subject to the changes of Government on our Island, this Legislature deems it necessary to establish a fixed term of ten (10) years for this position and provide the Office of the Advocate for Patients with a juridical personality independent from any other government agency.
Section 1.- Section 3 of Act No. 11 of April 11, 2001, as amended, is hereby amended to read as follows: "Section 3.- The Office of the Advocate for Patients Beneficiaries of the Health Reform hereinafter the Office, is hereby created, as an independent juridical entity and separate from any other public agency or entity, with the responsibility of ensuring to the patients beneficiaries of the Health Reform compliance with the Bill of Rights and Responsibilities of the Patient established by Act No. 194 of August 25, 2000, and coordinating, handling, and solving the problems, needs, and claims of said insured patients, users and consumers of medical-hospital health services in Puerto Rico. In order to comply with these purposes, the Office shall oversee compliance with the following rights and obligations as set forth in Act No. 194 of August 25, 2000:
(a) The right to high quality health services.
(b) The right to obtain information and to its disclosure.
(c) The right to select plans and providers.
(d) The right to continued health care services.
(e) The right to have access to emergency services and facilities.
(f) The right to participate in treatment decision-making processes.
(g) The right to confidentiality of information and medical records.
(h) The right to be respected and receive equal treatment.
(i) The right to file complaints and grievances.
(j) The duties and responsibilities of patients beneficiaries of the Health Reform for the responsible use of health services."
Section 2.- Section 5 of Act No. 11 of April 11, 2001, as amended, is hereby amended to read as follows: "Section 5.- The position of Advocate for Patients Beneficiaries of the Health Reform, hereinafter the Advocate, is hereby created, to be appointed by the Governor with the advice and consent of the Senate. The Governor shall fix the salary or compensation pursuant to the usual standards of the Government of the Commonwealth of Puerto Rico for positions of equal or similar nature. The Advocate shall hold office for a fixed term of ten (10) years.
The Governor, upon previous notice and hearing to the effect, may call a vacancy in the position of Advocate for Patients due to a mental or physical disability that impairs him/her to perform the functions of his/her office, negligence in the performance of his/her functions, or failure in the performance of his/her duties. The Advocate shall be licensed to practice the medical profession in Puerto Rico and thoroughly experienced in matters of health, preferably with formal training in the field of Public Health. The Advocate shall also be a person of moral probity and knowledgeable in matters germane to the health services received by the patients. The
Advocate shall not render medical services to patients beneficiaries of the Health Reform covered by this Act, and shall hold office on a full-time basis. ... Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 248 (S.B. 1996) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 3 and 5 of Act No. 11 of April 11, 2001, known as the "Office of the Advocate for Patients Beneficiaries of the Health Reform Act," to establish a fixed term of ten (10) years for the Advocate for Patients position; and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $9^{ ext {th }}$ of September of 2005.
Francisco J. Domenech Director