PCM-26-2018
Poder Ejecutivo
- Decree: PCM-26-2018
- Published: August 20, 2018
- Issuing body: Poder Ejecutivo
- Gazette: 34,723
- Category: Health
Summary
This decree creates a Special Commission to reform and improve the national health system. The commission, headed by the Health Secretary and composed of civil society representatives, must develop a transformation plan that evaluates the organizational structure, personnel, services, and costs of the health sector to ensure universal access to quality services. The decree declares a state of emergency in the health system for 24 months.
Considerations
Whereas the Constitution of the Republic establishes and guarantees the right to protection of health as a human right for all inhabitants of the Republic, establishing as a duty of all to participate in the promotion and preservation of personal and community health; for which purpose it empowers the Executive Branch to adopt the necessary measures by means of Laws and Regulations that ensure the effectiveness of this right. All activities of the State and of public and private entities are subject to this provision. CONSIDERING: That the human person is the supreme purpose of society and the State, and all of us have the obligation to respect and protect them.
Whereas in accordance with that established in the numerical Articles of the Constitution of the Republic of Honduras, it corresponds to the Constitutional President of the Republic to direct the General Policy of the State, represent it, issue Agreements, Decrees and issue Regulations and Resolutions in accordance with the Law that facilitate coverage and universal access to health including the promotion, prevention, recovery and rehabilitation of the health of the inhabitants and the well-being of the national community.
Whereas Honduras is a subscriber to the International Covenant on Economic, Social and Cultural Rights which in its article 12 recognizes the right of every person to the enjoyment of the highest possible level of physical and mental health. Among the measures that shall be adopted by the States Parties to the Covenant is found, furthermore, the creation of conditions that ensure to all medical assistance and medical services in case of illness.
Whereas health is a public service and therefore it is an attribute of the Executive Branch to take all measures that are necessary for its proper functioning.
Whereas the Executive Branch by means of the Ministry of Health must coordinate all public activities of the centralized and decentralized organisms of the health sector through the NATIONAL HEALTH PLAN and likewise within this context supervise private health activities in accordance with the Law. CONSIDERING: That it is necessary to carry out a comprehensive process of reorganization of the Ministry of State in the Department of Health and to carry out the necessary accompaniment in an institutional transformation in order to ensure and guarantee by means of a National Health Plan adequate attention to the population in health services in the short, medium and long term, making effective all preventive and curative actions of primary, secondary and tertiary care.
Whereas in accordance with Articles of the General Law of Public Administration the President of the Republic has in his charge the supreme direction and coordination of the Public Administration and in the exercise of his functions may act by himself or in Council of State Secretaries and likewise can create commissions integrated by public officials, personalities and representatives of diverse sectors of national life and national and international advisors; furthermore can designate sole authorities for the development of areas, programs or special projects, with the attributions that determines the General Law of Public Administration in its Articles 22, 99 and 100 and in accordance with the attributions and faculties that are determined in the Decree of its creation.
Articles
The SPECIAL COMMISSION FOR THE TRANSFORMATION OF THE NATIONAL HEALTH SYSTEM is hereby created, which has the function of accompanying the Secretary of State in the Office of Health in the definition and transformation of the National Health System to benefit the Honduran people through the implementation of a comprehensive plan that favors institutional strengthening that allows offering health services to the inhabitants of the Republic through the efficient use of human, logistical, and financial resources of the State.
The "SPECIAL COMMISSION FOR THE TRANSFORMATION OF THE NATIONAL HEALTH SYSTEM", which shall hereafter be denominated THE SPECIAL COMMISSION, is composed as follows:
- a)
The Secretary of State in the Office of Health, who presides over it;
- b)
Six (6) representatives of Civil Society; appointed by the President of the Republic. The President of the Commission may invite the Pan American Health Organization, the World Health Organization, or other international specialized organisms to participate in the capacity of observer with voice but without vote. The Special Commission must meet on a periodic basis and must prepare its internal manual that includes rendering quarterly reports on its activities and achievements, which must be presented to the President of the Republic. The Special Commission shall be assisted by a Multidisciplinary Technical Unit that shall advise it and provide support in the fulfillment of its tasks and achievement of its objectives.
The Special Commission shall cooperate with the Secretary of Health in the following tasks:
- 1)
Develop and execute a National Transformation Plan for the Health Sector;
- 2)
Develop and execute the National Health Plan and the new model for the provision of services;
- 3)
Propose and accompany the organizational restructuring of the Secretary of State in the Office of Health; and,
- 4)
Establish mechanisms of coordination and collaboration with national and international cooperation in accordance with national legislation. The Special Commission, when making its decisions, shall urge the Secretary of State for the execution thereof.
The National Transformation Plan for the Health Sector must be framed in the following actions:
- a)
Evaluation of the organizational and normative framework of the Secretary of State in the Office of Health in order to develop a model that guarantees effectiveness in its functions as an entity, regulator, financier, and provider of health services through integrated public health networks;
- b)
Evaluation of the Human Resource management system of the Health System and of the Secretary of State in the Office of Health, including the evaluation and certification of managerial, technical, and administrative personnel, in order to determine the fitness, capacity, trustworthiness, ability, aptitude, competence, disposition, knowledge, and loyalty that every person serving such Secretary of State and the Health System must have; for which purpose the protocol that regulates the norms relating to personnel procedures that shall govern this service relationship with the institution must be approved;
- c)
Evaluation of the model for the provision of health services in order to implement a national system that guarantees coverage and universal access to efficient, effective, and quality health services with fairness and equity; and d) Evaluation of the administrative and financial costs of the health sector.
All dependencies of the Secretary of State in the Office of Health and those that provide public and private services, decentralized and deconcentrated, must provide all necessary cooperation and grant access to all documentary and computer information that the Special Commission may request in order to achieve the objectives in the exercise of its tasks.
A state of emergency in the National Health System is hereby declared, for a period of twenty-four (24) months, renewable, by virtue of the fact that its current state affects the continuity and timely and efficient provision of public health services to the detriment of the population.
The Special Commission shall have the authority to define the National Health Plan and the Model for the Provision of Services, as well as the organizational restructuring of the Secretary of State in the Office of Health and shall urge the Secretary of State to execute the decisions.
The Government of the Republic, through the Secretary of State in the Office of Finances, must guarantee the Special Commission the necessary financial resources through the General Budget of Income and Expenses of the Republic for its operability; likewise, it must identify national ordinary and extraordinary resources as well as reimbursable and non-reimbursable cooperation, in order to finance the transformation of the National Health System and of the Secretary of State in the Office of Health.
This Executive Decree shall be in effect for thirty-six (36) months, counted from the date of its official publication.
This Decree enters into force as of its publication in the Official Journal "La Gaceta". Done in the city of Tegucigalpa, Municipality of the Central District, on the twentieth (20) day of the month of August of two thousand eighteen (2018). BE IT COMMUNICATED AND PUBLISHED.
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- Acuerdo Ministerial No. 303-2018 — Manual para la Transparencia del uso de Fondos Públicos Financiados por Medio del Programa de Transferencias y asignaciones Globales — This agreement establishes procedures for distributing public funds to social projects transparently. It requires state institutions and recipient organizations to publish online how they use the money, allowing citizens to verify spending and ensure that resources actually reach the population in need. (Decree 303-2018, 2018)
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- Executive Agreement IHTT-002-2019 by which the Special Regulation for the Application and Compliance of Minimum Rates in Public Cargo Transportation of Honduras is Established — This executive agreement establishes a regulation that guarantees minimum rates for public freight transportation in Honduras. It affects cargo companies and drivers, ensuring they receive fair compensation for their services and regulating aspects such as tolls, round trips, and demurrage payments. (Decree 136-2018, 2018)
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