LAW NÚM. 20,646 GRANTS ALLOCATION ASSOCIATED WITH THE IMPROVEMENT OF TREATMENT OF USERS, FOR THE OFFICIALS BELONGING TO THE PLANTS OF TECHNICIANS, ADMINISTRATIVE AND AUXILIARY OF THE ESTABLISHMENTS OF THE HEALTH SERVICES Having present that the H. With National Income has given its approval to the following bill Bill: " Article 1 °.-To establish, to count the publication of this law, for the professional, technical and administrative auxiliary personnel, be of plant or contract, of the health services mentioned in article 16 of the decree with force of law No. 1, of the Ministry Health, 2006, which fixed the recast, coordinated and systematized text of Decree Law No 2,763, 1979, and of Laws No. 18.933 and No. 18.469, governed by Law No 18,834, on Administrative Staff Regulations, the recast of which, coordinated and systematised was fixed by the decree with force of law No. 29, of the Ministry of Finance, of 2005, and by decree law No. 249, of 1974, an annual allocation in relation to the results obtained in the process of evaluation of the quality of the treatment to the users in the designated establishments. For the purposes of this law, "establishment" shall mean the dependencies of the health services, hospitals, institutes, therapeutic diagnostic centers, health centers, health centers, offices and centers of family health, as well as the addresses of the health services, in which the addresses of primary care will be included. Article 2.-The allocation laid down in Article 1 shall be made to staff who are in service in each of the establishments at the date of payment of the establishment and who have provided services for one or more of the entities identified in the the previous article, without any continuity solution, during the 11 months preceding that date. Article 3.-The granting of the allowance provided for in this Law shall be subject to the following rules: (a) It shall be granted on the basis of the improvement of the treatment of the users of the establishments belonging to the health services referred to in Article 1 (2), and shall be determined by the result obtained from the application of the assessment instrument referred to in the following literals. (b) The Assistant Secretary for Assistants Networks, after a report of the Technical Committee, which shall be composed of a representative of that Secretariat and one of the Directorate of Budgets, shall define the evaluation instrument, which may be updated from the two years of use. This instrument shall contain the application of a survey of the perception of treatment of users of health service establishments. (c) The implementation of the assessment instrument shall be carried out annually by experts outside the health services. The recruitment of such experts shall be carried out by the Assistant Secretary for Assistant Networks through the procedure laid down in law Nº19,886, and shall be his office. The application of this procedure shall be the responsibility of the Assistant Secretary for Assistant Networks. However, the respective terms of reference or the technical bases must be approved by the Budget Directorate. (d) The assessment instrument shall apply with respect to users over 15 years of age who have received care in the health services during the period of application of the respective instrument. The sample selection shall be random and representative of the health services evaluated, in accordance with the methodology determined by the respective regulations. (e) The establishments referred to in point (a), which have obtained at least a score of 65% or their equivalent in the assessment instrument, shall be distributed according to the level of complexity in High Complexity, Medium Complexity and Low Complexity. Then, at each level, they shall be sorted in degressive form according to the score obtained in the application of the instrument, according to the following sections: i. Section 1: 33% of the establishments which have obtained the best results in the evaluation process. ii. Section 2: the following 33% of the establishments. iii. Tranche 3: the remaining 34% of the establishments, up to 100%. For the addresses of the health services for classification in any of the defined sections, these shall be ordered in a decreasing manner according to the assigned score, which shall be equivalent to the result of the average obtained from the sum of the scores achieved by the establishments of their dependency. However, the establishments referred to in Article 1, for access to the benefit, shall be at least 65% or their equivalent in the assessment instrument. For the distribution of the establishments, according to their level of complexity, the relevant rules of the decree with force of law No. 1, of the Ministry of Health, enacted in 2005 and published the year 2006, must be considered. For the purposes of this rule, prior to the application of the assessment instrument, the Assistant Secretary for Assistant Networks shall, by the month of May of each year at the latest, issue a resolution without determining the level of complexity that corresponds to to the establishments subject to evaluation. A copy of this resolution must be forwarded to the Budget Directorate. (f) Notwithstanding the above literals, if, for the purpose of the assessment methodology used, figures are produced with decimals, the cut-off of each tranche for the ordering of the establishments shall be adjusted to the nearest integer and shall be start the next tranche with the remaining establishments in degressive order. (g) If two or more health establishments obtain the same final score, the Assistant Secretary for Assistants Networks will proceed to resolve this situation by applying the criteria of the tiebreakers, which will be defined for this purpose in the regulation. respective. (h) The external experts referred to in the literal (c), after the evaluation instrument has been applied, shall provide the Assistant Secretary of Assistant Networks with the result of that application and the other background to be defined in the terms of the reference or in the respective tendering bases. (i) The application of the survey shall be carried out until 15 September of each year. However, the assessment periods to be established may not be different for health establishments. A regulation issued by the Ministry of Health, which is also signed by the Minister of Finance, will regulate the minimum contents and aspects to be considered by the evaluation instrument, the methodology, the criteria of the tiebreaker to which the (g) the elements and procedures to be provided for such assessment, as well as the rules of operation of the Technical Committee and any other rules necessary for the proper granting of the benefit. The Regulation must be issued within 120 days of the date of publication of the law in the Official Journal. Article 3 (a)-The application of the assessment instrument may be suspended with respect to one more establishment, in the following cases: (a) Where there is a health alert situation declared in accordance with Article 36 of the Health Code. (b) Where in the establishment there are incidental or unforeseen events resulting from disasters; serious damage to their infrastructure, or acts of violence or terrorist acts which seriously impede or alter their ability to deal with the users. In any event, the suspension of the application of the instrument, in accordance with the provisions of the foregoing paragraph, shall be ordered by means of a resolution exempt from the provisions of the Subsecretariat of Assistant Networks, which shall indicate the means of verification of the occurrence of the causals. In addition, a report of the Technical Committee set out in Article 3 (b) shall be required in advance. In the situations referred to in this Article, the amount of the allocation of improvement of treatment to the user to be collected by the officials of the establishments to which the assessment instrument was not applied shall correspond to the one assigned to the tranche in which the establishment was classified in the previous year. Article 4 °.-For the purposes of payment of the allocation, the Assistant Secretary of Networks, by means of a resolution exempted by the Directorate of Budgets, will determine a list with the corresponding establishments, distributed according to the level of complexity, and classified in descending order in three tranches, according to the score obtained in the application of the assessment instrument referred to in Article 3. classification in some of the defined sections, the provisions of the literal (e) of the Article 3. The annual amount of the allocation will correspond to $255,000 for those officials of establishments located in the first tranche, to $190,000 for those located in the second tranche, and to $125,000 for those located in the third section. The value of the allowance shall correspond to a maximum of 44 hours per week and shall be proportional to the hours contracted. The allocation shall be paid in a single fee to the staff referred to in Article 2, by 30 November of each year at the latest. Article 5 °.-They shall not be entitled to receive the allowance provided for by this law by officials who are qualified on list 3, conditional, or list 4, of elimination, in the period immediately preceding the date of payment of the allocation. Nor shall officials who have had unjustified absences in accordance with the provisions of Law No 18,834 on Administrative Staff Regulations, whose consolidated, coordinated and systematized text was fixed by the decree with force of law No. 29, of the Ministry of Finance, of 2005, in the eleven months prior to the payment of the allocation. Article 6.-With regard to officials who, in accordance with Article 110 of the aforementioned Administrative Staff Regulations, have made use of an unpaid leave for the eleven months prior to the payment of the allowance, the allowance shall be paid in proportion to the full months actually worked. Article 7 °.-This allocation will not serve as a basis for any other remuneration or legal benefit and the amount that officials perceive for their concept will be taxable and taxable for health and pension purposes. TRANSITIONAL PROVISIONS Article 1.-Exceptionally, the first payment of the allowance set out in Article 1 ° shall be for a single amount of $190,000 for each official of the establishments referred to in the second subparagraph of that rule. This allocation shall not be subject to the implementation of the assessment instrument referred to in this law. For these purposes, the provisions of Articles 2, 5 and 6 of this Law shall apply. The value of the allowance shall correspond to a maximum of 44 hours per week and shall be proportional to the hours contracted. The amount referred to in the first subparagraph shall not be taxable or taxable for health and pension purposes, and shall not serve as a basis for calculation for any benefit or remuneration. Article 2.-The first year of application of the assessment instrument establishing this law shall correspond to the calendar year following the year in which the payment referred to in the previous article is made. For the purposes of granting the allocation laid down in Article 1 of this Act, during the first year of application of the assessment instrument, establishments shall be subject to a score of at least 50% or their equivalent. Article 3.-The greatest tax expense that the application of this law means during its first year of validity will be financed from the resources established in the budget of the Ministry of Health and, in what will be lacking, from the And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, December 14, 2012.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Jaime Manalich Muxi, Minister of Health.-Felipe Larraín Bascunan, Minister of Finance. What I transcribe to you for your knowledge.-Atzently, Jorge Díaz Anaiz, Undersecretary of Health.