urgent.. "Representatives" He approves the articles for issuing the draft health facilities law… and completes the substantive articles in a future session

The House of Representatives, in its plenary session held today, Sunday, headed by Counselor Dr. Hanafi Jabali, approved the issuance materials for the draft law submitted by the government regarding regulating the granting of public facilities’ obligations to establish, manage, operate, and develop health facilities, provided that the discussion of the substantive materials will be completed in a session. Coming.

The Council’s approval came after Representative Dr. Ashraf Hatem reviewed the report of the joint committee from the Health Affairs Committee and the Office of the Constitutional and Legislative Affairs Committee on the proposed draft law.

The draft law aims to regulate the mechanism for granting a commitment to public facilities to establish, manage and operate health facilities or manage, operate and develop existing health facilities, allowing the private and civil sectors to participate in providing health care services in order to improve the quality Health services provided to citizens and support, and work to raise their efficiency and equitable geographical spread.

Regarding the basic features of the draft law, the draft included three promulgation articles, and five substantive articles… and stipulated The first article of the issuance articles stipulates that the provisions of this law do not apply to basic health care and family health centers and units, and blood operations and plasma collection subject to the provisions of the law regulating blood operations and plasma collection for the manufacture and export of their derivatives issued by Law No. 8 of 2021, with the exception of blood operations that are considered complementary services. In accordance with the provisions of the attached law.

The second article stipulates that “the Prime Minister shall issue the executive regulations of the attached law within one month from the date of its implementation, while the third article is concerned with publishing in the newspaper.” “… As for the substantive articles, the first article was concerned with definitions to clarify what is meant by health facilities, complementary services, health service provider, health services, and others.

The second article also stipulated: “Without prejudice to the rights of beneficiaries of the provisions of the Comprehensive Health Insurance System Law promulgated by Law No. 2 of 2018, and without prejudice to public health services, preventive and emergency services, and health services for covering disasters of all kinds and epidemics, which the state is obligated to provide to citizens free of charge, it is permissible to grant public utility obligations.” For Egyptian or foreign investors, whether natural or legal persons, to establish, manage and operate health facilities, or to manage, operate and develop existing health facilities, without adhering to the provisions of Law No. 129 of 1947 regarding the obligations of public facilities and Law No. 61 of 1958 regarding granting privileges related to the investment of natural wealth resources and facilities. Public and amending the terms of the concession, in accordance with one of the methods set forth in the Law Regulating Contracts Concluded by Public Entities promulgated by Law No. 182 of 2018, according to the nature of each project, and taking into account the following conditions, rules and procedures:

1- Maintaining health facilities, and the medical equipment and equipment they contain necessary for their operation, and making them fit for use throughout the commitment period. 2- Commitment in providing health services to the provisions of laws and decisions applied to health facilities, as well as the organization to provide complementary services in them. 3- The contractor must have the necessary experience to operate health facilities. 4- Not to assign the obligation to others without obtaining permission from the Council of Ministers. 5- The commitment period should not be less than three years and not more than fifteen years. 6- The transfer of all health facilities, including the medical equipment and equipment necessary for their operation, to the state at the end of the commitment period, free of charge and in good condition. As for the facilities in which the terms of the commitment allow the obligor to rent them from third parties, the transfer to the state is limited to the medical equipment and equipment in them necessary for their operation. 7- Commitment to continuing to employ no less than 25% of the health facility’s workers, upon their approval, taking into account the preservation of their financial and employment rights. 8- Providing a percentage of the total health services provided by the health facility to beneficiaries of treatment services at the expense of the state, health insurance, or the comprehensive health insurance system, as the case may be, at the same prices determined by the state to provide those services.

It is issued to grant the commitment and specify or amend all of its terms and conditions, the government’s share, the basis of pricing for health services, the means of technical and financial supervision and follow-up that ensure the regular and steady progress of work in the health facility, the conditions and conditions for recovery of the facility before the expiration of its term, and the necessary procedures to maintain the functional and financial conditions. For its employees within the limits of the previous rules and procedures, and a decision from the Council of Ministers based on the proposal of the competent minister and the approval of the competent authority in the entity or body to which the health facility is affiliated, provided that the concerned authorities express their opinion regarding granting the commitment within one month from the date of requesting their opinion.

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Article Three also stipulates: “Except for what is specifically stated in the terms of the commitment, the relevant legislation, controls and obligations applicable to private medical facilities shall apply to the health facilities subject to the commitment.” All conditions and specifications applicable to them, and in all cases it is not permissible to be exempt from the provisions and controls related to inspection and control of private medical facilities. “The health service provider is prohibited during his work in them from exceeding what is permitted by the license to practice the profession issued to him.

With regard to Article Four, it stipulates: “Without prejudice to the provisions of the Labor Law promulgated by Law No. (12) of 2003, the percentage of foreign doctors, nursing staff members, and technicians working in the health facility subject to the obligation shall be determined, without It shall exceed 25% of the total number of its employees by decision of the competent minister in agreement with the minister responsible for labor affairs and after taking the opinion of the concerned authorities, provided that each of them is issued a temporary license to practice the profession inside establishments only, in accordance with the conditions and controls issued by a decision of the competent minister, provided that As indicated in the executive regulations.

Article Five stipulates: “The competent ministry must, in the event that the obligor closes the health facility subject to the obligation, and upon the expiration of the obligation period, take the necessary measures.” To protect the health and financial rights of patients, and in particular to ensure the continued provision of the necessary health services to them, in the manner regulated by a decision issued by the competent minister.

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