reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XII - Collaborative System (§§ 6163 — 6163e) › § 6163 - Manifestations of the mental health problem

It is hereby acknowledged that the different manifestations of mental problems and disorders, such as domestic violence, crime, delinquency, child abuse, truancy, and the homeless population fall within the responsibility of different government service agencies, which [results in] fragmented attention to the problem. Based on this premise, we establish the importance and urgency to develop interagency collaborative systems to provide integrated and comprehensive services to populations with mental disorders, which, one way or another, are also served or have the right to receive services from other agencies. Profit and non-profit private entities and corporations may collaborate in this effort.
History —Oct. 2, 2000, No. 408, § 12.01, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XII - Collaborative System (§§ 6163 — 6163e) › § 6163a - Principles of the collaborative system

The principles that govern this system are:
(a) Avoid duplication of service efforts.
(b) Provide long term and cost-effective services.
(c) Keep a system to improve the quality of the services.
(d) Provide the most comprehensive services possible close to their communities [of the] populations who need them.
History —Oct. 2, 2000, No. 408, § 12.02, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XII - Collaborative System (§§ 6163 — 6163e) › § 6163b - Work plan

This system shall develop a master work plan which shall specify its stages, purposes, objectives, activities, and achievements, execution and result indicators, as well as the implementation dates by agencies and the populations to be served (children, adolescents, women, mothers, homeless and others), and the agencies and services corresponding to each. It shall also include the contribution from each agency in proportion to the needs identified for each population and each collaborative project, the implementation of a formative and summative evaluation for this system, and the integrated budget for the complete collaborative system and its projects. It is worth mentioning that the collaboration is a group effort.
History —Oct. 2, 2000, No. 408, § 12.03, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XII - Collaborative System (§§ 6163 — 6163e) › § 6163c - Types of collaborations

It is hereby established that this system may use several types and models of interagency collaborations, such as the integration of physical and professional resources, the blended budget for a project or creation and access to a service, collaborative planning, and complementary planning.
It is worth mentioning that the collaboration is a group effort to achieve joint planning and implementation.
History —Oct. 2, 2000, No. 408, § 12.04, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XII - Collaborative System (§§ 6163 — 6163e) › § 6163d - Reports

This system shall render [semi-annual and annual] reports to the Office of Management and Budget and to the Legislature, with the evaluations that according to the field, are designated as formative and summative, pursuant to this section.
History —Oct. 2, 2000, No. 408, § 12.05, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XII - Collaborative System (§§ 6163 — 6163e) › § 6163e - Effectiveness

The effectiveness for the implementation of this system shall begin ninety (90) days after approval of this act, to begin interagency collaborative efforts.
History —Oct. 2, 2000, No. 408, § 12.06, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XIII - Treatments Related to the Abuse and Dependence on Alcohol and Controlled Substances (§§ 6164 — 6164a) › § 6164a - Applicability of provisions of this chapter to for-profit or nonprofit community-based organizations

For-profit or nonprofit community-based organizations, as this term is defined in this chapter, and spiritual-pastoral guidance and social work, shall be subject to the precepts of this chapter. Provided, That such organizations shall continue to offer community services, pursuant to their historic, traditional and ordinary practice, and always subject to the precepts of the Constitution and the laws of the Commonwealth of Puerto Rico.
The approval of this chapter shall not represent, in any way, a variation of the rights, prerogatives and benefits that for-profit or nonprofit community-based organizations receive pursuant to the development of the community efforts described herein.
History —Oct. 2, 2000, No. 408, § 13.02; Aug. 6, 2008, No. 183, § 64.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XIV - General Responsibilities of the Mental Health and Addiction Services Administration (§§ 6165 — 6165d) › § 6165 - Licensure

The Administrator, as authorized by Act No. 67-1993, as amended, known as the ‘Mental Health and Addiction Services Administration Act’ (ASSMCA, Spanish acronym), shall promulgate regulations as are necessary to license, supervise, and keep a public registry of all the institutions and facilities, whether public or private, engaged in the rendering of prevention and treatment services for mental disorders, alcoholism, and drug addiction; to develop and implement prevention and treatment programs; to establish the quality controls of said programs in order to achieve the purposes of this Act; provided, that every healthcare professional working in public or private institutions, and who plans, manages, or coordinates services for mental health patients, as well as the network of direct or indirect mental healthcare service providers including, but not limited to, the provisions of Section 1.05 of this Act, shall complete continuing education courses on the provisions of Act No. 408-2000, as amended, and the Regulations thereunder. The Administrator shall prescribe by regulations the frequency and minimum requirements of the course, taking into account the extent to which a healthcare professional is exposed to patients, as well as the degree of discretion that the healthcare professional must exercise when making decisions that directly affect the population he serves.
The Administration shall have full authority to issue licenses, as established in this Section, which licenses shall be issued through its Licensing Division for the sole purpose of mental health services and facilities. Said license shall be known as the ‘Mental Health Services License.’ The Administrator shall establish through regulations the fees that institutions shall pay when requesting or renewing the license, according to the categories of profit and non-profit institutions. The regulations adopted to such effect shall provide, among other requirements for license issue and renewal, that the applicant shall describe the mechanisms to implement and comply with this Act, including the certification attesting that every healthcare professional in contact with the population served has completed the required continuing education courses, as well as the indicators used to ensure that said implementation is effective and continuous.
History —Oct. 2, 2000, No. 408, § 14.01, eff. 60 days after Oct. 2, 2000; Aug. 16, 2012, No. 172, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XIV - General Responsibilities of the Mental Health and Addiction Services Administration (§§ 6165 — 6165d) › § 6165a - Regulations

The Administrator is hereby authorized to prepare all regulations that may be necessary to facilitate the implementation of this chapter, within a term of six (6) months after the approval of this act, and pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
History —Oct. 2, 2000, No. 408, § 14.02, eff. 60 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XIV - General Responsibilities of the Mental Health and Addiction Services Administration (§§ 6165 — 6165d) › § 6165b - Forms and complaints

The Mental Health and Addiction Services Administration and the Puerto Rico Health Insurance Administration shall prepare all the forms that may be necessary to fully comply with their obligations and responsibilities. They shall oversee the implementation of these provisions as pertains to users and public and private institutions that offer services. They shall conduct investigations and establish procedures to manage complaints lodged by persons who receive mental healthcare services, their legal guardians or their legal representatives.
The Administration and the Puerto Rico Health Insurance Administration shall provide a liaison between persons who receive mental healthcare services and public and private institutions, in order to:
(a) Ensure that persons receive the services to which they are entitled;
(b) intercede in case there is no access to the services that correspond to the disorder and severity of the symptoms and signs, age and characteristics of the patient;
(c) provide persons with severe mental disorders with case management and access to comprehensive services that suit their needs;
(d) outreach chronic and recurring populations to [provider] networks so they may participate and receive the treatment they need for their condition, and
(e) aid in the Health Reform transitional process until the same is completed.
History —Oct. 2, 2000, No. 408, § 14.03; Aug. 6, 2008, No. 183, § 65.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XIV - General Responsibilities of the Mental Health and Addiction Services Administration (§§ 6165 — 6165d) › § 6165c - Review and annual technical assistance system

The Administrator shall establish and implement a review and technical assistance system of the providing institutions to assure quality and effectiveness of the services rendered, and to protect the best interest of the persons who receive mental health services. He/She shall design and implement a service, technical assistance and annual evaluation system. The results from the technical reviews shall be analyzed by the Administration to identify the needs in relation to the compliance with the provisions contained in this chapter. The same shall be used to submit to the Administrator the recommendations that proceed, as for trainings, as well as amendments to this chapter and other laws in effect related to mental health services.
To assure the quality and effectiveness of the services rendered, and protect the best interests of the persons who receive mental health services, the Administrator, after a hearing to that effect, may impose fines, deny, suspend or revoke said licenses, at any time, upon finding that an institution does not comply with the [requirements] established by this chapter. In the case of institutions that provide treatment, recovery and rehabilitation services, and transitional services, the license granted by virtue of this chapter shall be in effect for a period of two (2) years. The request for renewal shall be made in accordance with the rules and regulations the Administration promulgates to that effect.
History —Oct. 2, 2000, No. 408, § 14.04, eff. 60 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XIV - General Responsibilities of the Mental Health and Addiction Services Administration (§§ 6165 — 6165d) › § 6165d - Appropriation of funds

The Administrator, as authorized by §§ 402 et seq. of Title 3, known as the “The Mental Health and Addiction Services Administration Act”, shall be responsible for procuring and assuring the appropriation of the budgetary funds necessary to facilitate the implementation of and compliance with this chapter. It shall be the responsibility of the Legislature and the Office of Management and Budget to allocate funds to implement this chapter.
History —Oct. 2, 2000, No. 408, § 14.05, eff. 60 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XV - Additional Provisions (§§ 6166 — 6166g) › § 6166 - Claim of abuse

Any person who receives direct or indirect mental health services and who, per se, through his/her legal guardian or any other person, has well-founded motive to believe that abuse has been committed, may resort to the Court of First Instance to request to cease and desist of any act that violates the provisions of this chapter.
History —Oct. 2, 2000, No. 408, § 15.01, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XV - Additional Provisions (§§ 6166 — 6166g) › § 6166a - Abuse; notice to the Examining Board or regulating agencies

If [it is] determined that a mental health professional has incurred in abuse or negligence, the court shall notify said determination to the corresponding Examining Board or the Board of Examiners.
Presentation of an action pursuant to this section is independent from any other civil criminal or administrative action provided in the current legislation and shall not impede the exercise of said actions, rights or remedies.
History —Oct. 2, 2000, No. 408, § 15.02, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XV - Additional Provisions (§§ 6166 — 6166g) › § 6166b - Institutionalization prohibited

Any institutional mental healthcare provider facility which is found to have institutionalized a person, whether an adult or a minor, who does not meet the clinical criteria nor present the severity that warrants his/her placement at the level of care where he/she has been kept, after symptoms and signs have been stabilized for the level of care in which he/she remained, thus being deprived from a greater autonomy, less intensive and less restrictive level of care, shall be guilty of a crime, as provided for in § 4796 of Title 33.
History —Oct. 2, 2000, No. 408, § 15.03; Aug. 6, 2008, No. 183, § 66.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XV - Additional Provisions (§§ 6166 — 6166g) › § 6166c - Habeas corpus

Nothing in this chapter shall prevent a person from filing a writ of habeas corpus. The court that grants said remedy shall send a copy of the same to the court that ordered the admission. The clerk of the court shall include the same in the record of the case.
History —Oct. 2, 2000, No. 408, § 15.04, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XV - Additional Provisions (§§ 6166 — 6166g) › § 6166d - Petition to the court

Any petition filed before the court, pursuant to the provisions of this chapter, shall be subscribed under oath, under penalty of perjury. If there is well-founded motive to believe that the petitioner has offered false information to admit a person in a providing institution, a prosecutor shall be notified immediately, who shall then proceed to investigate the facts to establish if there exists cause of action against the petitioner.
History —Oct. 2, 2000, No. 408, § 15.05, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XV - Additional Provisions (§§ 6166 — 6166g) › § 6166e - Petition for restoration to competency

Any person who has been declared incompetent by any court, may file a petition at any time to amend guardianship or to have his legal competency restored. The petition may be filed in the court that resolved that the person was incompetent, or in the court in whose jurisdiction the person resides. The petition shall be accompanied by a certification from the psychiatrist and by the notice of release from the institution. The psychiatrist’s certification shall include the extent of the patient’s ability to manage him/herself and his/her property. If said certification is not attached, the court may appoint a psychiatrist to examine the patient and file the certification of his/her competency.
History —Oct. 2, 2000, No. 408, § 15.06, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XV - Additional Provisions (§§ 6166 — 6166g) › § 6166f - Notice of death of persons in the institution

When a patient who was admitted to an institution dies within the same, the director shall be obliged to notify the corresponding prosecuting office so that an autopsy is ordered. The proceedings shall be carried out pursuant to §§ 3001 et seq. of Title 34, known as the “Puerto Rico Institute of Forensic Sciences Act”. In those cases in which the person was admitted by a court order, the director shall notify the court that issued the admission order.
History —Oct. 2, 2000, No. 408, § 15.07, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter XV - Additional Provisions (§§ 6166 — 6166g) › § 6166g - Penalties

(a) Any person who violates any of the provisions of this chapter shall incur in a misdemeanor and if convicted, shall be sanctioned with a fine not to exceed five thousand dollars ($5,000).
(b) Any person, natural or juridical, who discriminates in relation to any aspect relative to the access to necessary services for a person who requires mental health services, who abuses or violates the duty to protect confidentiality of information, or uses isolation, restriction or electroconvulsive therapy contrary to the provisions of this act, shall incur in a felony and shall be sanctioned with a fine of not less than five thousand dollars ($5,000) or more than fifteen thousand dollars ($15,000), or imprisonment for a fixed term of three (3) years, or both penalties, at the discretion of the court.
(c) [Upon initiating an action under subsections (a) and (b) of this section, the filing of any type of administrative action is not impeded].
History —Oct. 2, 2000, No. 408, § 15.08, eff. 90 days after Oct. 2, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 204 - Compulsive Gamblers Assistance Program (§§ 6179 — 6184) › § 6179 - Statement of public policy

It is hereby established as the public policy of the Government of Puerto Rico to stimulate the social and economic development of the family, in order to attain its maximum progress and emotional stability. For this, it is necessary to implement strategies geared towards detecting compulsive gamblers to provide them as well as their family members with professional mental health and counseling services in order to reduce pathological gambling in Puerto Rico.
The priority of the Compulsive Gamblers Assistance Programs shall be to provide education, counseling, treatment, and rehabilitation services to the affected persons.
History —Apr. 6, 2006, No. 74, § 2, eff. July 1, 2007.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 204 - Compulsive Gamblers Assistance Program (§§ 6179 — 6184) › § 6180 - Definitions

The following terms and phrases contained in this chapter shall have the meanings stated below:
(a) Administration. — The Mental Health and Addiction Services Administration.
(b) Program. — The Compulsive Gamblers Assistance Program.
(c) Administrator. — The Administrator of the Mental Health and Addiction Services Administration.
History —Apr. 6, 2006, No. 74, § 3, eff. July 1, 2007.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 204 - Compulsive Gamblers Assistance Program (§§ 6179 — 6184) › § 6181 - Creation

The Program is hereby created, attached to the Administration. The Program shall use the resources designated thereto through this chapter, in order to prepare procedures, forms, strategies, and other necessary procedures, to guarantee the implementation and development of the services that are to be provided to the affected persons.
History —Apr. 6, 2006, No. 74, § 4, eff. July 1, 2007.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 204 - Compulsive Gamblers Assistance Program (§§ 6179 — 6184) › § 6182 - Duties and powers

The Program shall have, among others, the following duties and powers:
(a) Manage the funds appropriated for said project within the laws and regulations in effect.
(b) Procure additional funds through proposals and take any other steps before federal, Commonwealth, municipal or private sector agencies or programs to defray expenses related to this chapter.
(c) Offer guidance workshops on the consequences of uncontrolled gambling.
(d) Offer counseling services and referrals to specialized treatment for those persons who thus request it.
(e) Prepare a separate, confidential register of the persons who request assistance to the program. The confidentiality of the register shall be guaranteed and any non-therapeutic use shall be prohibited.
(f) Create and implement prevention, treatment and rehabilitation strategies that are necessary to attain the purposes of this chapter, and establish quality controls thereof.
(g) Establish a committee, which shall be presided by the Administrator of the Mental Health and Addiction Services Administration (in Spanish ASSMCA), and that shall be composed of the Secretary of the Department of the Treasury, the Director of the Electronic and Traditional Lottery, the Administrator of the Puerto Rico Tourism Company, the Administrator of the Horse Racing Industry [and] the Secretary of the Sports and Recreation Department, to ensure the adequate functioning of the Program.
History —Apr. 6, 2006, No. 74, § 5, eff. July 1, 2007.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 204 - Compulsive Gamblers Assistance Program (§§ 6179 — 6184) › § 6183 - Reports

The Administrator shall submit to the Legislature, within a term of sixty (60) work days, at the end of each fiscal year, a report on the development and progress of the Program. Said report shall include used funds, persons assisted, and an evaluation of the measures that shall be implemented to achieve the purposes of this chapter.
History —Apr. 6, 2006, No. 74, § 6, eff. July 1, 2007.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 204 - Compulsive Gamblers Assistance Program (§§ 6179 — 6184) › § 6184 - Powers to regulate

The Administrator is hereby empowered to adopt the necessary regulations to achieve the purposes of this chapter, pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
History —Apr. 6, 2006, No. 74, § 7, eff. July 1, 2007.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter I - Legislative Intention (§ 7001) › § 7001 - Declaration of legislative intention

As part of a radical reform of the health services in Puerto Rico, this chapter is established to create the Puerto Rico Health Insurance Administration. It is a public corporation with full authority to develop the functions entrusted by this chapter.
The Administration shall have the responsibility to implement, administer, and negotiate a health insurance system by means of contracts with insurers and/or Health Services Organizations, as such term is defined in §§ 1901 et seq. of Title 26, known as the “Health Services Organizations Act”, incorporated into the Insurance Code of Puerto Rico, which shall eventually give all the residents of the Island access to quality medical and hospital care, regardless of the financial condition and ability to pay of those who require them.
From the turn of this century, the public health policy of Puerto Rico has revolved around the viewpoint that the government has the responsibility of rendering direct health services.
Pursuant to policy, two health systems have evolved which are notably unequal. In general terms, we can affirm that the quality of health care in Puerto Rico has come to depend predominantly on the financial capacity of the person to cover the cost thereof with his/her own resources.
Within this scheme, the care of the medically-indigent sector of our population has fallen upon the Department of Health. The good intentions of its officials have not been sufficient to counteract the adverse effects on the quality of the Department, factors such as: budget insufficiency; rising cost of technology and medical supplies; bureaucratic growth and, centralism; and the interference of party politics with departmental efforts.
Since 1967, there have been several attempts in Puerto Rico to reform the medical and hospital services of the Department. However it has not been possible to narrow the ever-widening gap between the quality of public and private services.
This experience provides the background of the public policy set forth by this chapter. The public policy is the following: The Administration shall approach, negotiate and contract health services insurance companies and providers to provide quality medical and hospital services, particularly to those who are medically-indigent.
The Administration also shall establish control mechanisms addressed to prevent an unjustified rise in the costs of health services and insurance premiums.
History —Sept. 7, 1993, No. 72, Art. II; July 19, 2002, No. 105, § 1; Aug. 8, 2010, No. 123, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter III - Health Insurance Administration (§§ 7003 — 7014) › § 7003 - Creation

A public corporation is hereby created, as an instrumentality of the Commonwealth of Puerto Rico, under the name of Puerto Rico Health Insurance Administration. The Administration shall have existence in perpetuity with a juridical personality, independent and separate from any other entity, agency, department or instrumentality of the Government of Puerto Rico, and shall be governed by a Board of Directors.
History —Sept. 7, 1993, No. 72, Art. IV, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter III - Health Insurance Administration (§§ 7003 — 7014) › § 7005 - Board of Directors—Composition

The Board of Directors of the Administration shall be composed of eleven (11) members. Six (6) shall be ex-officio members and five (5) shall be appointed by the Governor of Puerto Rico with the advice and consent of the Senate.
History —Sept. 7, 1993, No. 72, Art. IV, § 3; Apr. 11, 2001, No. 12, § 1; Aug. 23, 2005, No. 63, § 1; Oct. 18, 2011, No. 205, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter III - Health Insurance Administration (§§ 7003 — 7014) › § 7006 - Board of Directors—Ex-officio members

The Secretaries of Health and the Treasury, the Administrator of the Mental Health and Addiction Services Administration (ASSMCA), the Director of the Office of Management and Budget, the President of the Government Development Bank for Puerto Rico, and the Insurance Commissioner, or the persons delegated by them, shall be the six (6) ex-officio members of the Board of Directors.
History —Sept. 7, 1993, No. 72, Art. IV, § 4; Aug. 23, 2005, No. 63, § 2; Oct. 18, 2011, No. 205, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter III - Health Insurance Administration (§§ 7003 — 7014) › § 7007 - Board of Directors—Qualifications

The five (5) members of the Board of Directors who are not ex-officio members shall be persons of recognized moral integrity. Of these, one (1) shall be a professional competent in the insurance industry; two (2) shall be competent providers within the Health Reform, of which one shall be a primary physician; one shall represent the beneficiaries of medical-hospital insurance; and one (1) shall be a representative of the public interest. The latter shall not have interests nor belong to the other groups represented in the Board; shall not have commercial nor contractual relations with medical-hospital facilities nor with the health insurance industry, nor health service providers other than those as insurer-insured, insurer-claimant, doctor-patient or patient-hospital relationships.
History —Sept. 7, 1993, No. 72, Art. IV, § 5; Jan. 8, 1994, No. 1, § 1; Sept. 2, 2000, No. 372, § 1; Apr. 11, 2001, No. 12, § 2; Aug. 23, 2005, No. 63, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter III - Health Insurance Administration (§§ 7003 — 7014) › § 7008 - Board of Directors—Incumbency

The members of the Board of Directors that are not ex officio members shall be appointed for a term of six (6) years each, and shall hold office until their successors have been appointed. The original appointments shall be one (1) for two (2) years; one (1) for four (4) years; and two (2) for six (6) years.
In the event that a member of the Board is not able to complete his/her term due to resignation, removal or death, the successor shall fill his/her office for the remainder of the term.
History —Sept. 7, 1993, No. 72, Art. IV, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter III - Health Insurance Administration (§§ 7003 — 7014) › § 7009 - Board of Directors—Officials

The Governor of Puerto Rico shall appoint the chairperson of the Board of Directors from among its members. The Board of Directors shall select from among its members: a co-chairperson, who shall substitute for the chairperson in his/her absence, as well as a secretary.
History —Sept. 7, 1993, No. 72, Art. IV, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter III - Health Insurance Administration (§§ 7003 — 7014) › § 7010 - Board of Directors—Meetings and quorum

(a) The Board of Directors shall hold regular meetings at least once (1) a month and shall hold all the special meetings that may be convoked by the Chairperson or that may be requested by a majority of the members of the Board.
(b) The majority of the members of the Board of Directors shall constitute quorum for the meetings. Every agreement or determination of the Board shall require the affirmative vote of at least five (5) members. The function of each member of the Board as well as thus attendance at the meetings, shall not be delegated.
History —Sept. 7, 1993, No. 72, Art. IV, § 8; Apr. 11, 2001, No. 12, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter III - Health Insurance Administration (§§ 7003 — 7014) › § 7011 - Board of Directors—Compensation

The ex officio members of the Board of Directors shall not receive any remuneration for the performance of their duties. Those members of the Board of Directors that are not public officials or employees, shall be entitled to the payment of per diems which shall not exceed one hundred dollars ($100) for each meeting they attend.
History —Sept. 7, 1993, No. 72, Art. IV, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter III - Health Insurance Administration (§§ 7003 — 7014) › § 7012 - Board of Directors—Removal

The members of the Board of Directors that are not ex officio members may be removed by the Governor of Puerto Rico for incompetence in the performance of their duties, or by for other just cause, after proffering of charges and the opportunity to be heard before the Board.
History —Sept. 7, 1993, No. 72, Art. IV, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter III - Health Insurance Administration (§§ 7003 — 7014) › § 7013 - Board of Directors—Applicability of the provisions of the Ethics in Government Act

The members of the Board of Directors shall be subject to the provisions of §§ 1801 et seq. of Title 3, known as “Ethics in Government Act of Puerto Rico”, especially with respect to the filing of financial reports by public officials required by said dispositions.
History —Sept. 7, 1993, No. 72, Art. IV, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter III - Health Insurance Administration (§§ 7003 — 7014) › § 7014 - Board of Directors—Immunity

Neither the Board of Directors nor its directors shall personally or individually incur any economic liability whatsoever for any action taken in the discharge of their duties and powers under this chapter, provided they do not act in violation of their fiduciary duties towards the Administration, nor act intentionally to cause harm or knowingly that they may cause some harm.
History —Sept. 7, 1993, No. 72, added as Art. IV, § 12 on Dec. 29, 2000, No. 462, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter IV - Executive Director (§§ 7020 — 7023) › § 7020 - Appointment

The Board of Directors shall appoint an Executive Director, who shall be responsible for the proper operation of the Administration.
History —Sept. 7, 1993, No. 72, Art. V, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter IV - Executive Director (§§ 7020 — 7023) › § 7021 - Qualifications

The Executive Director shall be a person of known moral probity and expertise in the area of health insurance management.
History —Sept. 7, 1993, No. 72, Art. V, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter IV - Executive Director (§§ 7020 — 7023) › § 7022 - Incumbency of the appointment and remuneration

The Executive Director shall hold office at the will of the Board of Directors, and shall perform his/her duties in accordance with the norms and conditions established by this chapter. The Board shall also determine the remuneration and other benefits of the Director.
History —Sept. 7, 1993, No. 72, Art. V, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter IV - Executive Director (§§ 7020 — 7023) › § 7023 - Functions and duties

The Executive Director shall have all the powers and faculties delegated to him/her by the Board of Directors, including those listed below, without being limited thereto.
(a) Perform any functions that are necessary and convenient to implement this chapter and the regulations adopted by virtue thereof.
(b) To appoint an assistant director, with the approval of the Board of Directors. In case of absence or disability, the Executive Director shall be substituted by the assistant director, who shall perform all of his/her duties.
(c) To submit to the consideration of the Board of Directors, proposals of regulations to govern the affairs and activities of the Administration and to establish the rules and norms needed to comply with the functions and duties of the Administration.
(d) To appoint and contract the personnel of the Administration, fix their remuneration pursuant to applicable personnel regulations, and to the compensation plan established by the Board of Directors.
(e) To establish and maintain offices in the place or places deemed adequate and necessary to comply with the purposes of this chapter, upon approval by the Board of Directors.
History —Sept. 7, 1993, No. 72, Art. V, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter V - Health Insurance Plan (§§ 7025 — 7036e) › § 7026 - Contracting

The Administration shall contract health insurance for the area or areas established with one (1) or more insurers and/or health service organizations authorized to do health insurance business in Puerto Rico by the Insurance Commissioner, or by special laws approved for such purposes. Likewise, the Executive Director shall be the person designated to evaluate and to contract with health service providers as defined in this chapter. Provided, That the health service organizations that contract with the Administration for the services they render to the beneficiaries represented by the Administration shall not be subject to the jurisdiction nor to regulation of the Commissioner pursuant to § 1903a of Title 26. The Administration shall be responsible for supervising and seeing to the scope and effectiveness of the compliance of these organizations, and may contract the services of third parties to such ends.
History —Sept. 7, 1993, No. 72, Art. VI, § 2; Dec. 29, 2000, No. 463, § 3; July 19, 2002, No. 105, § 4; Dec. 29, 2003, No. 334, § 1; Aug. 8, 2010, No. 123, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter V - Health Insurance Plan (§§ 7025 — 7036e) › § 7030 - Provisions against discrimination

An insurer or health service organization under this chapter shall not issue identification cards that are different from those provided to others who are insured under plans with similar coverage, unless the Administration so authorizes or requires.
No participating purveyer or its agent shall make any sort of inquiry on the source of the health insurance plan coverage, to determine if a person is the beneficiary of the plan created by this chapter.
History —Sept. 7, 1993, No. 72, Art. VI, § 6, renumbered as § 4 on Dec. 29, 2000, No. 463, § 5; July 19, 2002, No. 105, § 4; Aug. 8, 2010, No. 123, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter V - Health Insurance Plan (§§ 7025 — 7036e) › § 7031 - Deductibles; co-insurance and premiums; prohibited practices

The Administration shall establish the premium agreed to in the contracts underwritten with the insurers and/or health service organizations. It shall also establish in said contracts the corresponding amount as payment of deductibles and co-insurance according to the level of income and ability to pay of the beneficiary. All other insurers and/or health service organizations may come to an agreement with the Administration to pay a premium that is higher than the basic premium, the difference of which shall be paid by the beneficiary. No participating provider may charge the beneficiary an amount that exceeds the amount agreed upon as a deductible, co-insurance, or premium in the contract underwritten with the insurers or the Administration.
The insurers and/or health service organizations that contract with the Administration to provide health plans shall not, at any time, increase the premium or reduce benefits in any other policies they provide, in order to subsidize the premium, reduce the cost, or compensate for the loss experienced by the health plan that is authorized in this chapter. The premium agreed upon must be actuarially validated as reasonable by the duly qualified actuaries of the Administration according to the standards of the American Academy of Actuaries. For the purpose of structuring and fixing the cost or premium, the insurers and/or health service organizations shall consider the group of beneficiaries of these health insurance plans as a unit that is independent from its other groups of beneficiaries, and shall maintain a separate accounting system for them. Likewise, the health service providers that contract with the Administration may not reduce the benefits or affect the quality thereof to accommodate patients that are not covered by the health plan authorized by this chapter.
Failure to comply with the provisions of this section shall be penalized by the Insurance Commissioner pursuant to the provisions of §§ 101 et seq. of Title 26, denominated the “Insurance Code of Puerto Rico”, or by the provisions of the contract with the Administration, as applicable.
History —Sept. 7, 1993, No. 72, Art. VI, § 7, renumbered as § 5 and amended on Dec. 29, 2000, No. 463, § 6; July 19, 2002, No. 105, § 4; Aug. 8, 2010, No. 123, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART IX - Health Insurance (§§ 7001 — 7075) › Chapter 301 - Health Insurance Administration (§§ 7001 — 7054) › Subchapter V - Health Insurance Plan (§§ 7025 — 7036e) › § 7033 - Models for rendering services

The Administration shall establish through regulations the different models for the rendering of services which may be used in offering the health plans created by this chapter.
The models for the rendering of services that are used shall have the following features in common:
(a) Primary care shall be strengthened by groups of professional physicians concerned with health and by other primary purveyors authorized to practice in Puerto Rico, as defined in applicable local and federal legislation and regulations.
(b) The emergency room care shall be of high priority, in the ambulance transportation system as well as in the emergency medical care.
(c) The Administration shall only contract with insurers that do not have any direct or indirect financial interest in, or relationship with subsidiary-owners or affiliates of a health facility that renders services to the beneficiaries of the health insurance created by this chapter, except with such health service organizations duly defined and authorized by the Insurance Commissioner.
(d) The models to be implemented shall have strict use control measures.
(e) All the models shall be reinforced by a health and prevention education system, with special emphasis on lifestyle, AIDS, drug abuse, and mother and child health. The Department shall be responsible for the promotion of health.
(f) The insurers and/or health service organizations shall include in their model of services to be rendered, the use of all Commonwealth facilities contracted with the private sector in the region.
History —Sept. 7, 1993, No. 72, Art. VI, § 9; Jan. 8, 1994, No. 1, § 2; renumbered as § 7 by Act Dec. 29, 2000, No. 463, § 7; July 19, 2002, No. 105, § 4; Dec. 29, 2003, No. 334, § 1; Aug. 8, 2010, No. 123, § 7.