What is Act No. 245 / 2006 Coll.?

Act No. 245 / 2006 Coll., on public non-profit constitutional health establishments and amending certain laws — Law on public non-profit constitutional health establishments and amending certain laws.

When it became Act No. 245 / 2006 Coll. effectiveness?

Act No. 245 / 2006 Coll. became effective 31.05.2006.

Is Act No. 245 / 2006 Coll. still valid?

Yes, Act No. 245 / 2006 Coll. is still valid and effective.

How many times was it Act No. 245 / 2006 Coll. amended?

Act No. 245 / 2006 Coll. has 8 time versions of the text.

Act No. 245 / 2006 Coll. - Law on public non-profit constitutional...

245

THE LAW

of 21 April 2006

on public non-profit constitutional health establishments and amending certain laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

PUBLIC NON-SUCCESSIVE HEALTH EQUIPMENT

HLAVA I

BASIC PROVISIONS

§ 1

(1) A public non-profit constitutional health establishment (hereinafter referred to as the "public health establishment") is a legal entity established under this Act whose main activity is the operation of a healthcare establishment in which health care is provided in particular by the form of constitutional care (1). Health care is also provided in the form of outpatient care at a health facility operated by a public health facility. In order to provide such outpatient care, public health institutions must comply with all the requirements laid down by specific legislation (m2) for the operation of an outpatient healthcare facility.

(2) A public health establishment may, in addition to its main activity, carry out additional activities under the conditions laid down in this Act. The additional activity of a public health establishment must be linked to its main activity, which must not restrict, distort or threaten.

(3) The name of the public health establishment shall include the designation "public non-profit constitutional health establishment 'or the abbreviation" v. n.v. z.'. Other legal or natural persons may not use that designation in their name or business name. The name of a public health institution shall not be confused with the name of another legal person.

(4) Public health establishments are registered in a register of public health establishments under this Act.

(5) The main activity of the public health establishment is not the business of m3). Any profit generated by the main activity and the additional activity of the public health establishment shall be used to ensure the main activity of the public health establishment.

§ 2

(1) The Czech Republic, hereinafter referred to as "the State," may be the founder of a public health facility.

(2) A legal person other than those referred to in paragraph 1 or a natural person may be the manager of a public health establishment.

(3) A public health establishment may establish jointly more than one of the organisers referred to in paragraph 1 or more of the organisers referred to in paragraph 2.

(4) On behalf of the State of the public health establishment, the public health establishment establishes an organisational component of the state4), whose competence under the special legislature5) the provision of health care is or is related to its scope.

HLAVA II

ESTABLISHMENT AND EQUIPMENT OF PUBLIC HEALTH EQUIPMENT

§ 3

Establishment of a public health facility

(1) The establishment of a public health establishment is preceded by its establishment.

(2) Public health establishments established by a single body shall be established by means of an instrument of incorporation.

(3) Public health facilities set up jointly by more than one body shall be established by a contract of establishment.

(4) The instrument of incorporation or the contract of establishment (hereinafter referred to as the instrument of incorporation) shall contain:

(a) the name and address of the public health establishment;

(b) the name, registered office and identification number of the person (hereinafter referred to as the "identification number") of the organisational body of the State exercising the function of founder, being the State, the name, registered address and the identification number of the local authority, if the founder is a local self-governing entity, a trading company or the name, registered office and identification number of the legal entity, if the founder is a legal entity, or the name, surname, date of birth and place of permanent residence, if the founder is a natural person;

(c) the name and, where applicable, the name, surname, place of permanent residence in the territory of the State or place of residence abroad and the place of residence in the territory of the State, and the date of birth of the person appointed by the founder to exercise the powers of the statutory authority pursuant to Article 7 (5);

(d) the definition of the type, form and field of healthcare provided by public health establishments and the definition of additional activities;

(e) the definition of the assets which the founder places in a public health establishment; the instrument of incorporation shall also determine whether the property is transferred to a public health establishment or whether the property remains the property of the founder and the public health establishment has the right to manage it;

(f) the date of establishment of the public health establishment;

(g) the duration of the term of office of the members of the Supervisory Board.

(5) Where a public health facility is jointly set up by more than one body, the instrument of incorporation shall regulate relations between the authorities and their relations with the public health establishment.

§ 4

The establishment of a public health facility

(1) A public health establishment is established on the date on which it is entered in the register of public health establishments.

(2) Save as otherwise provided for in this law, the provisions of the Commercial Code on Companies shall apply mutatis mutandis to the establishment, establishment, establishment, abolition and demise of public health establishments.

(3) Save as otherwise provided in this law, the provisions on national mergers and divisions of public health establishments laid down in the Act on the conversion of companies and cooperatives shall apply mutatis mutandis.

§ 5

Negotiations in public health matters prior to registration in the register of public health establishments

Since the establishment of a public health facility until the establishment of the first bodies of that public health facility, the founder shall act in matters relating to a public health facility.

HLAVA III

PUBLIC HEALTH EQUIPMENT AUTHORITIES

§ 6

Basic provisions

(1) The public health authorities are the Director, the Deputy Director and the Supervisory Board. One of the representatives of the Director must be an expert in accordance with the specific legislation2).

(2) The members of the Supervisory Board, the Director and his representatives are responsible for their decisions in the same way as members of the statutory bodies of public limited liability companies under the Commercial Code.

(3) Only a natural person who has reached the age of 18 may perform the function of a member of the Supervisory Board, the Director and his representative shall be fit and fit for legal action.

(4) For the purposes of this law, a person who has been convicted of a final sentence shall not be deemed to be righteous.

(a) for an offence the facts of which relate to the provision of healthcare;

(b) for a criminal offence of a property nature, if not for the offence referred to in (a);

(c) in the case of an offence for an unconditional custodial sentence, if not for the offence referred to in (a) or (b);

if he's not looked at as if he's not convicted.

(5) The integrity is evidenced by an extract from the record of the Register of Penalties, which must not be more than 3 months old. The alien attests integrity by corresponding documents issued by States in which he has remained continuously for more than 3 months in the last 3 years. Such documents shall not be more than 3 months old.

(6) The function of a member of the Supervisory Board, the Director and his representative may not be exercised by a person who:

(a) carry out business activities related to the activities of a public health establishment;

(b) mediates business for other persons related to the activity of a public health establishment;

(c) is in the capacity of a member of a statutory body or staff or in a similar legal relationship to a natural or legal person selling goods or services to a public health institution, or engaged in the brokering of that activity;

(d) is with a natural or legal person who sells goods or services to a public health establishment in such a legal relationship as to include remuneration, commission or discount at a level other than normal;

(e) is in the position of close proximity (6) to the person who is:

1. a member or a member of the statutory body of a trading company selling goods or services to that public health establishment;

2. in employment or other similar legal relationship with a natural or legal person who sells goods or services to that public health establishment;

3. a natural or legal person who sells goods or services to a public health establishment in such a legal relationship as to have a remuneration, commission or discount other than the usual amount.

(7) In order to carry out a legal act whereby a claim or obligation exceeding the value of twenty-five times the amount from which separate movable goods are considered as tangible property under the Income Tax Act (7) would result in a public health institution, the public health establishment shall be authorised only on the basis of the prior approval of the Supervisory Board.

(8) In order to carry out a legal act whereby a claim or undertaking exceeding 50 times the amount from which separate movable goods are considered to be tangible property under the Income Tax Act (7) would result in a public health establishment being subject to the prior approval of the Supervisory Board and the founder.

(9) With the prior consent of the founder, the public health establishment shall be entitled to carry out legal acts:

(a) the right to property transferred to a public health establishment;

(b) the right to property transferred to the movable property of a public health establishment, the value of which is more than fifty times the amount from which separate movable goods are considered to be tangible property under the Income Tax Act (7);

(c) the right of ownership of the property of the body with which the public health establishment is responsible is transferred;

(d) a lease contract with a lease period of more than 1 year is negotiated or amended.

(10) The legal acts referred to in paragraphs 8 and 9 shall be invalid without the prior consent of the founder.

(11) The legal acts referred to in paragraphs 7 and 8 shall be invalid without the prior approval of the Supervisory Board.

Director

§ 7

(1) The Director is the statutory body of a public health institution which manages and acts on its behalf.

(2) The Director shall decide on all matters relating to a public health establishment, provided that they are not under the jurisdiction of the Supervisory Board or the Establisher by this Law. He shall attend the meetings of the Supervisory Board.

(3) The function of Director is incompatible with that of a member of the Supervisory Board.

(4) The Director shall be appointed by the Director without delay on a proposal from the Supervisory Board. The director is being dismissed. The Director shall immediately revoke the Director if the Director ceases to be competent to perform his duties. Where a proposal for the Director's appeal is made by the Supervisory Board, the Director shall take a decision thereon without delay and inform the Supervisory Board of his decision.

(5) For the period from the establishment of a public health institution until the appointment of the Director, the Director shall be entrusted in writing with the exercise of the powers of the statutory authority by the person competent to perform the duties of Director.

(6) The Director or the person responsible for exercising the powers of the statutory authority referred to in the preceding paragraph shall be responsible for the performance of the duties of the Director.

(7) The function of Director is performed in employment with a public health institution.

§ 8

(1) The Director shall, with the prior agreement of the Supervisory Board, appoint and remove the Deputy Director and other Head of Staff of the Public Health Facility.

(2) The powers of the Deputy Director and the manner in which, in the absence of the Director, they perform the function of statutory body shall be laid down by the Statute of the Director.

(3) The post of Deputy Director shall be performed in relation to a public health establishment.

Supervisory Board

§ 9

(1) Supervisory Board

(a) approve, on a proposal from the Director:

1. the rules of organisation and its amendments;

2. the concept of developing a public health facility;

3. the draft budget and its amendments and the draft medium-term financing perspective;

4. the annual accounts,

5. Annual report,

6. health care quality report provided by public health establishments; the report shall be submitted to the Supervisory Board once a year;

(b) approve the Rules of Procedure of the Supervisory Board;

(c) deliver an opinion on the intention of the founder

1. to change the type, form and field of healthcare provided by public health establishments or to change the supplementary activity of public health establishments;

2. decide to merge, merge, divide or abolish a public health facility;

3. amend the instrument of incorporation;

(d) decide on the granting of prior consent to legal acts pursuant to Article 6 (7) and (8), as well as on the conclusion or modification of lease contracts with a duration of 6 months to 1 year;

(e) monitor the quality of healthcare provided;

(f) oversees:

1. the compliance of the Director and his representatives with the Statute;

2. compliance with legislation and internal rules;

3. investment actions,

4. economic management of the property,

5. economic efficiency;

6. compliance with the approved budget;

7. respect for and benefit of contractual relations;

8. wage and social reconciliation,

9. dealing with patient and employee complaints,

(g) submit a proposal to the Director; the Supervisory Board may also propose to the Director an appeal to the Director.

(2) The Supervisory Board shall decide on the granting of the prior consent referred to in paragraph 1 (d) within 30 days of the date on which the consent was requested.

(3) Members of the Supervisory Board are entitled, in the exercise of their powers, to consult all documents and records relating to the activities of the public health establishment and to ascertain the state and manner of management. They may only be consulted on medical documentation if they are authorised under a separate legislation8). The members of the Supervisory Board shall be entitled to enter all areas of the public health establishment, except for workplaces where this is prohibited mainly for reasons of safety and health at work. The Supervisory Board shall, in the exercise of its competence, be entitled to request from the Director the reports and other information necessary for its activities.

(4) If the Supervisory Board finds deficiencies in the operation or management of a public health establishment, it shall immediately alert the Director; serious deficiencies shall also be brought to the attention of the founder. At the same time, the Supervisory Board may propose measures to address identified deficiencies.

(5) The members of the Supervisory Board are appointed and withdrawn by the founder; if not a representative of the founder, it shall do so on a proposal from the appellant, which shall:

(a) the councillor of the county in whose territory the public health establishment is operated;

(b) the council of the municipality in whose territory the public health establishment is operated;

(c) trade unions operating in the public health establishment concerned;

d) Czech Medical Chamber,

e) Dean of the relevant medical faculty of the public university, if it comes to the faculty hospital.

(6) A proposal to appoint a member of the Supervisory Board shall be requested by the appellant without delay after the establishment of a public health facility. It shall appoint the Supervisory Board within 30 days of the date of establishment of the public health facility.

(7) The term of office of the members of the Supervisory Board shall be 5 years. A member of the Supervisory Board may be re-appointed.

(8) Membership of the Supervisory Board shall cease

(a) the expiry of the term of office;

(b) giving up membership;

(c) withdrawal from office;

(d) death or declaration of death;

(e) limitation or loss of legal capacity.

(9) A member of the Supervisory Board shall be removed from office if:

(a) cease to be eligible for office under Article 6;

(b) repeatedly fails to fulfil the duties of a member of the Supervisory Board; or

(c) where the applicant so requests.

(10) The member of the Supervisory Board appointed by the appellant, acting on his own motion, shall be removed from office by the appellant pursuant to paragraph 9 (a) and (b) without delay as soon as he becomes aware of the facts giving rise to the appeal. The member of the Supervisory Board appointed on a proposal from the appellant pursuant to paragraph 5 shall be removed from office without delay as soon as he receives the application for appeal referred to in paragraph 9 (c). Upon removal of a member of the Supervisory Board from his post, the Director shall appoint a new member for the remainder of the term of office, if he is a representative of the Director, or immediately ask the appellant to appoint a member of the Supervisory Board, if he is in the case referred to in paragraph 5, and immediately after receiving the proposal referred to in paragraph 5, he shall appoint a member of the Supervisory Board as an appellant.

§ 10

(1) In the Supervisory Board of the Public Health Facility, which is a faculty hospital, there must be:

(a) 6 representatives of the founder;

(b) 1 representative of the municipality in whose territory the public health establishment is operated;

(c) 2 representatives elected by public health staff, of which 1 must be a doctor and a second non-medical health professional;

(d) 1 representative of the Czech Medical Chamber,

(e) 3 representatives of the relevant medical faculty.

(2) In the supervisory board of a public health institution established by the county or by the State, if not a faculty hospital, there must be:

(a) 5 representatives of the founder;

(b) 1 representative of the municipality in whose territory the public health establishment is operated;

(c) 2 representatives elected by public health staff, one of whom must be a doctor and the other a non-medical health professional;

(d) 1 representative of the Czech Medical Chamber.

(3) The supervisory board of the public health establishment established by the municipality must:

(a) 5 representatives of the founder;

(b) 1 representative of the county on whose territory the public health establishment is operated;

(c) 2 representatives elected by public health staff, one of whom must be a doctor and the other a non-medical health professional;

(d) 1 representative of the Czech Medical Chamber.

(4) In the supervisory board of a public health institution established by a legal person, unless that legal person is an organisational part of the State, the county or the municipality, or a natural person, it shall:

(a) 5 representatives of the founder;

(b) 1 representative of the municipality in whose territory the public health establishment is operated;

(c) 2 representatives elected by public health staff, one of whom must be a doctor and the other a non-medical health professional;

(d) 1 representative of the Czech Medical Chamber.

§ 11

(1) The Supervisory Board shall meet at least six times a year. The meetings of the Supervisory Board shall be convened by its Chairman. The meetings of the Supervisory Board may also be convened by the Director. The invitation shall also include the agenda and shall be notified to the members of the Supervisory Board and to the Director by the service of a written copy. The first meeting of the Supervisory Board shall be convened and managed by the founder or his appointed representative.

(2) The Chairman of the Supervisory Board may, following a prior written request, justify the non-participation of a member of the Supervisory Board at its meeting on grounds of serious facts. The Chairman of the Supervisory Board shall inform the Supervisory Board in writing of the failure to participate in its meetings. If a member of the Supervisory Board does not receive the information provided for in the previous sentence before the Supervisory Board meeting, he shall be obliged to attend the meeting. An apology shall be entered in the minutes of the Supervisory Board meeting.

(3) The Supervisory Board shall decide by vote. Only a member of the Supervisory Board shall have the right to vote in the Supervisory Board. Each member of the Supervisory Board shall have one vote. The Supervisory Board shall have a quorum if at least two-thirds of its members are present. The decision of the Supervisory Board shall require the approval of an absolute majority of the members present.

(4) The members of the Supervisory Board shall elect a President and Vice-President in secret at the first meeting of their number.

(5) The activities of the Supervisory Board are managed by the President and, in his absence, by the Vice-President.

(6) Minutes shall be taken of the meetings of the Supervisory Board. The minutes shall contain all the essential facts of the deliberations, including the voting details of each member. The minutes shall be forwarded by the Chairman of the Supervisory Board to the Director and the Director of the Public Health Facility. The Director shall, within 10 days, arrange for the publication of the minutes in a manner that allows remote access.

(7) The rules of procedure of the Supervisory Board shall be adapted to the closer conditions for the activities of the Supervisory Board.

HLAVA IV

SCOPE OF THE ORDER

§ 12

(1) bearing authority

(a) issue the instrument of establishment of a public health establishment;

(b) decide:

1. on changes to the instruments of incorporation of a public health establishment;

2. the merging, merging and splitting of public health establishments,

3. abolishing a public health facility;

(c) submit an application for registration in the register of public health establishments;

(d) it entrusts the person chosen to exercise the powers of the statutory body of a public health institution until the appointment of its first director and abolishes that mandate;

(e) appoint and dismiss the Director;

(f) appoint and dismiss members of the Supervisory Board;

(g) issue a public health establishment status;

(h) decide to give prior consent to legal acts pursuant to Article 6 (8) and (9).

(2) The Director shall decide on the issue of prior consent pursuant to paragraphs 8 and 9 of Article 6 within 30 days of the date on which such consent was requested.

(3) The prior consent provided for in Article 6 (9) and the decision referred to in paragraph 1 (b), if the founder is a region or municipality, requires the consent of three fifths of all members of the council.

(4) The prior consent referred to in Article 6 (9) and the decision referred to in paragraph 1 (b), if more than one municipality or region is the founder, shall require the consent of three fifths of all members of the council in each municipality or region participating in the joint establishment of a public health facility.

(5) The body responsible for the public health establishment's obligations.

(6) The establishment shall approve the budget of the public health establishment which it establishes.

HLAVA V

MANAGEMENT OF PUBLIC HEALTH EQUIPMENT

§ 13

Basic provisions

(1) Public health institutions are obliged to act economically and comply with the provisions of the Public Procurement Act (9) when purchasing goods and services. A public health establishment shall, within 15 days of the date of conclusion of a contract or contract, publish the terms and results of the procurement procedure and all tenders, including prices, in a manner that allows remote access.

(2) Public health facilities run by:

(a) the property transferred by the body to a public health establishment pursuant to Article 3 (4) (e); the property remains the property of the founder on the basis of the instrument of incorporation, or the property of the property is transferred to a public health institution,

(b) the property acquired by its own activity; the property is owned by a public health institution,

(c) the property to which a public health establishment has a contractual right of use.

Citation	Act No. 245 / 2006 Coll., on public non-profit constitutional health establishments and amending certain laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	31.05.2006
Effective from	31.05.2006
Effective until	-
Status	Valid

Act No. 245 / 2006 Coll.

Law on public non-profit constitutional health establishments and amending certain laws

Contents

ČÁST PRVNÍ

HLAVA I

§ 1

§ 2

HLAVA II

§ 3

§ 4

§ 5

HLAVA III

§ 6

§ 7

§ 8

§ 9

§ 10

§ 11

HLAVA IV

§ 12

HLAVA V

§ 13

Contents

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