reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132 - Bill of Rights and Responsibilities of the Patient (§§ 3041 — 3058) › § 3043 - Rights— Acquisition and disclosure of information

Concerning the acquisition or disclosure of information, any patient, guardian, user or consumer of medical and hospital health services and facilities in Puerto Rico shall be entitled to:
(a) Receive true, reliable, timely, sufficient, and easily understood information fitting to his/her needs concerning those health insurance plans and health facilities and professionals he/she has selected or whose services he/she has solicited, so as to be able to make well-informed and intelligent decisions as to the plans, facilities, and professionals selected for him/herself or his/her ward, and pertaining to the health services he/she may require.
(b) Receive adequate and sufficient information regarding the benefits covered by the health plan; the cost of the premiums and deductible payments; the mechanisms and procedures for recovering costs and resolving disputes; the facilities and professionals participating in the plan and their location; the quality control mechanisms and procedures and the guarantees for insured and beneficiary satisfaction; the procedures that govern access to specialists and emergency services and the rules and procedures, including the institutional policy of the plan, relative to health care management.
(c) Receive adequate and sufficient information concerning the education, licensing, certification and re-certification of health professionals; their years in practice; their experience in providing treatment or conducting pertinent tasks or procedures; the reasonable alternatives for treatment for diagnosed conditions or ailments, including their cost and likelihood of success; the quality control mechanisms and procedures and the guarantees for patient, user or consumer satisfaction.
(d) Receive from medical and hospital health care facilities all adequate and sufficient information in relation to the personnel and the technical resources available for conducting a given procedure or service; to the education, training, and experience of the personnel available to conduct said procedures or services; to the mechanisms and procedures for quality control and guarantees as to the satisfaction of patients, consumers or users of their services.
History —Aug. 25, 2000, No. 194, § 5; Dec. 16, 2009, No. 176, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132 - Bill of Rights and Responsibilities of the Patient (§§ 3041 — 3058) › § 3048 - Rights—Respect and equal treatment

All patients, consumers, or users of medical and hospital health services in Puerto Rico are entitled to be treated equally, courteously, and with respect by all members of the health care industry, including but not limited to health care professionals, health care plans, and health care facility operators and providers at all times and under any circumstance. No patient, consumer or user of health care medical and hospital services shall be discriminated against for reason of the public or private nature of the facilities or the provider of said services, or for reason of race, color, sex, age, religion, ethnic origin or background, nationality, political ideology, present or future physical or mental disability, medical or genetic information, social status, sexual orientation, ability to pay, or means of payment of the consumer or user of said services and facilities.
History —Aug. 25, 2000, No. 194, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132 - Bill of Rights and Responsibilities of the Patient (§§ 3041 — 3058) › § 3052 - Powers and responsibilities for implementing this chapter

The Department of Health shall be responsible for implementing the provisions of this chapter. The Department shall therefore adopt and promulgate the regulations necessary to meet these purposes, including but not limited to the mechanisms for filing, processing, and settlement of complaints and grievances.
History —Aug. 25, 2000, No. 194, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132 - Bill of Rights and Responsibilities of the Patient (§§ 3041 — 3058) › § 3053 - Informative sign required

The Secretary of Health shall prepare and distribute sufficiently in advance to the effective date of this act, and in sufficient amounts to be distributed among the persons and entities indicated below, chargeable to the regular expenses budget of the Department, an official sign, announcement, or notice, in Spanish and English, concerning the approval of this act and the provisions of this section requiring that all persons and entities thus specified shall have at their offices or place of business a copy or several copies of this chapter available and in sufficient amounts, so that the patients, consumers, or users of medical and hospital healthcare services contracting their services may inspect said copy at their convenience.
All insurers, health care plan, health care professional, and medical and hospital health care service provider authorized to conduct business as such in Puerto Rico shall have visibly displayed in their physician practice offices, dispensaries, clinics, offices, admissions rooms, emergency rooms, drug stores, or places of business at least one copy of the official sign, announcement or notice prepared by the Secretary of Health referred to in the above paragraph, as well as copies of this chapter in an amount sufficient to allow consumers or users of medical and hospital health services contracting or using their services to inspect said copies at leisure.
History —Aug. 25, 2000, No. 194, § 15; Dec. 20, 2011, No. 269, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132 - Bill of Rights and Responsibilities of the Patient (§§ 3041 — 3058) › § 3054 - Statement by user or consumer required

All insurers, health care plans, health care professionals, and medical and hospital health care services providers authorized to conduct business as such in Puerto Rico shall require and demand from all their patients, insured parties, or service users or consumers, or in the case of disabled or underage persons from the parents, guardians, custodians or tutors of the said persons, that before signing any contract they read and be familiar with the “Bill of Rights and Responsibilities of the Patient” or a suitable and reasonable summarized version thereof, as prepared or authorized by the Department of Health. As proof that this requirement has been fulfilled, the insurers, health care plans, health care professionals, and medical and hospital health care service providers shall also require from all patients, insured parties, users or consumers of medical and hospital health care services contracting their services, or in the case of disabled or underage persons, from the parents, guardians, custodians, or tutors of the said persons, that before signing any contract they sign a written statement or release attesting that they were furnished a copy of, and have read and are familiar with the “Bill of Rights and Responsibilities of the Patient” or the summarized version approved by the Department of Health.
History —Aug. 25, 2000, No. 194, § 16.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132 - Bill of Rights and Responsibilities of the Patient (§§ 3041 — 3058) › § 3056 - Effect on other laws and regulations

None of the provisions of this chapter shall be construed to be excluding, curtailing, limiting, undermining, or otherwise impairing the rights of any natural or juridical person concerning the filing or claiming of any rights, remedies, causes of action, or proceedings as granted, recognized, or allowed under other laws or regulations, whether of a criminal, civil, or administrative nature, before the pertinent judicial or administrative forums.
History —Aug. 25, 2000, No. 194, § 18.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132 - Bill of Rights and Responsibilities of the Patient (§§ 3041 — 3058) › § 3057 - Penalties

Any insurer, healthcare plan, healthcare professional, or medical-hospital healthcare service provider or any person or entity that fails to comply with any of its responsibilities or obligations imposed by this Act, shall be guilty of a civil penalty and punished by a fine of not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000) for each incident or violation of the law.”
History —Aug. 25, 2000, No. 194, § 19; Oct. 20, 2012, No. 300, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132 - Bill of Rights and Responsibilities of the Patient (§§ 3041 — 3058) › § 3058 - Appointed guardian

The parents, children of legal age, custodians, persons in charge, spouses, relatives, legal representatives, proxies, or any other person appointed by court or by patients themselves, shall be able to exercise these rights if patients are not capable of making decisions, are declared legally incompetent, or are underage.
History —Aug. 25, 2000, No. 194, § 21; Dec. 16, 2009, No. 176, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132A - Cancer Patients and Survivors’ Bill of Rights (§§ 3071 — 3080) › § 3074 - Faculties of the Office of the Healthcare Advocate and the Insurance Commissioner

The Office of the Healthcare Advocate and the Insurance Commissioner are hereby empowered to:
(a) Act on complaints related to noncompliance with the provisions of this chapter.
(b) Carry out detailed investigations on the grounds and circumstances resulting in, without it being limited to, services that agencies are not rendering, discriminatory and hostile conduct or language, the interruption or cut of health insurance benefits, marginalization, malpractice, deceptive advertising, misrepresentation, and dismissal or hostile work environment, so that the necessary measures shall then be taken to guarantee the rights of the people affected.
(c) Refer cases to the Department of Justice.
(d) If any cancer patient or survivor believes that his/her claim has not been satisfactorily addressed, he/she, his/her guardian, or a public official or particular person interested in his/her wellbeing may resort to the Office of the Ombudsman, the Department of Labor, and/or the Office of the Insurance Commissioner to file a complaint related to any noncompliance with this chapter, which shall be investigated and, if necessary, referred to the Department of Justice.
History —Sep. 27, 2012, No. 275, § 5, eff. 180 days after Sept. 27, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132A - Cancer Patients and Survivors’ Bill of Rights (§§ 3071 — 3080) › § 3076 - Penalties

Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, be punished by a fine not to exceed five thousand dollars ($5,000). If the violation to the provisions of this chapter affects a pediatric or geriatric cancer patient, the same shall be deemed to be aggravating circumstances, and the fine shall not exceed ten thousand dollars ($10,000).
The Office of the Healthcare Advocate shall be empowered to impose the fines authorized under this chapter, pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedure Act of the Commonwealth of Puerto Rico”. All complaints shall be acted upon promptly.
Nothing provided in this chapter shall be understood to exclude, limit, impair, curtail, or affect in any way the rights of any natural or juridical person to initiate claim any rights, remedies, cause of action, or proceedings granted, recognized, or permitted under other laws and regulations, whether criminal, civil, or administrative in nature, in the corresponding judicial or administrative forums.
History —Sep. 27, 2012, No. 275, § 7, eff. 180 days after Sept. 27, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132A - Cancer Patients and Survivors’ Bill of Rights (§§ 3071 — 3080) › § 3077 - Funds

The funds that may be necessary for the administration or implementation of any of these provisions shall be consigned in the Joint Resolution of the General Expense Budget of the Department of Health of Puerto Rico and may be matched with state, municipal, federal, or private funds. The revenues on account of fines paid for violations of this Bill of Rights shall be used for the administration and implementation of this chapter.
History —Sep. 27, 2012, No. 275, § 8, eff. 180 days after Sept. 27, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132A - Cancer Patients and Survivors’ Bill of Rights (§§ 3071 — 3080) › § 3078 - Construction

This chapter shall be construed in the broadest and most beneficial manner for cancer patients, survivors, and their families. Furthermore, it shall be understood that every right granted under this chapter shall be in addition to any other right already granted. In the event that the provisions of this chapter are in conflict with those of any other chapter, those most favorable for cancer patients, survivors, and their families shall prevail.
History —Sep. 27, 2012, No. 275, § 9, eff. 180 days after Sept. 27, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132A - Cancer Patients and Survivors’ Bill of Rights (§§ 3071 — 3080) › § 3079 - Signs

The various agencies, instrumentalities, public or quasi public corporations of the state and municipal governments, as well as private businesses, shall post conspicuous signs bearing the provisions of this chapter to ensure that all citizens are aware of the same.
History —Sep. 27, 2012, No. 275, § 10, eff. 180 days after Sept. 27, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132A - Cancer Patients and Survivors’ Bill of Rights (§§ 3071 — 3080) › § 3080 - Written report

Six (6) months after this act takes effect, the Department of Health, the Puerto Rico Comprehensive Cancer Center, the Office of the Healthcare Advocate or equivalent juridical entity, the Office of the Ombudsman, the Department of Labor, the Office of the Insurance Commissioner, and the Department of Education shall file a written report with the Legislative Assembly and appear before the same every two years to render reports on the implementation thereof.
History —Sep. 27, 2012, No. 275, § 12, eff. 180 days after Sept. 27, 2012.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 133A - Medical Assistance in Hospitals for Cases of Medical Emergencies (§§ 3111 — 3117) › § 3111 - Definitions

The following terms, as used in this chapter, shall have the meaning stated hereinbelow:
(a) Medical emergency. — Shall mean that health condition in which immediate medical assistance or first aid is unexpectedly required in order to preserve the health or reduce the damage or disability which could arise from a car accident, or an accident of any other nature, or from an illness.
(b) Labor. — Means labor at the moment in which delivery is imminent or when there is not enough time to carry out the transfer safely to another hospital before the delivery, or the transfer of the woman in labor could constitute a threat to the health and safety of the woman in labor or the baby.
(c) Stabilize. — Means to provide, within a medical emergency condition whatever medical treatment is necessary to ensure (within a reasonable medical probability) that no substantial worsening of the condition will result from the transfer of the patient from one facility to another.
(d) Stabilized. — Means that no substantial worsening of the condition will result (within a reasonable medical probability) from the transfer of the patient from one facility to another.
(e) Transfer. — Means moving a patient (including check-out) out of the facilities of a hospital by order of any person employed by, or directly or indirectly affiliated to or associated with, the hospital. It also means moving a patient from his/her home or from the site of an accident or incident to the nearest hospital facility capable of stabilizing or treating his/her condition. It does not include the transfer of a patient who has been pronounced as deceased or who leaves the hospital without the authorization of any of the aforementioned persons.
(f) Responsible physician. — Means a physician who is employed or contracted by a hospital, or who is associated with or affiliated to the hospital and who, acting as such, is professionally responsible for examining, ordering tests or administering treatment to a patient, or for authorizing his/her transfer to another facility.
(g) Anti Dumping Act. — Means the act adopted by the Federal Health Care Financing Administration.
History —June 28, 1994, No. 35, § 1, eff. 60 days after June 28, 1994.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 133A - Medical Assistance in Hospitals for Cases of Medical Emergencies (§§ 3111 — 3117) › § 3112 - Determination of medical emergency condition

Any hospital, whether public or private, to whose emergency room a patient goes and requests medical treatment, shall perform the pertinent medical evaluation in order to determine whether there is a medical emergency condition or, in the case of a woman with apparent symptoms of labor, to determine if she is, indeed, in labor, regardless of whether the person is able to pay for the medical services rendered.
Provided, That once the patient has been evaluated and his/her condition has been determined not to be an emergency, the patient shall pay for the medical evaluation according to his/her resources.
(a) When the medical evaluation reveals that the patient suffers from a medical emergency condition or that the patient is in labor, the hospital shall provide, in accordance with its available facilities and resources, the treatment needed to stabilize said condition, or assist in the labor, as the case may be, or provide for the transfer of the patient to another medical institution, pursuant to the subsequent provisions.
(b) The hospital shall be presumed to have complied with this provision if it offers to perform additional medical examinations or to provide treatment to stabilize the condition of the patient, and he/she, or the person acting on his/her behalf, refuses to consent to said examinations or treatment.
(c) The hospital shall be presumed to have complied with this provision if it offers to transfer the patient to another medical institution pursuant to the provisions of this chapter, and he/she, or the person acting on his/her behalf, refuses to consent to said transfer.
History —June 28, 1994, No. 35, § 2, eff. 60 days after June 28, 1994.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 133A - Medical Assistance in Hospitals for Cases of Medical Emergencies (§§ 3111 — 3117) › § 3113 - Transfers

If the patient has a medical emergency condition which cannot be stabilized, or the woman is in labor, the hospital shall not transfer him/her to another medical institution unless the patient, or the person legally responsible for him/her and acting on his/her behalf, insists on the transfer. Furthermore, the transfer shall proceed if the physician, or any other qualified medical personnel, certifies, in writing, that the benefit that can be reasonably expected from the treatment to be provided by the other medical institution, surmounts the increased risk to the condition of the patient in carrying out the transfer, and that the same is appropriate, based upon reasonable risks, the possible benefit for the patient, and the information available at that moment. The physician in charge of the evaluation of the patient shall make the pertinent arrangements, or ascertain that these are made, for the patient to be admitted to the hospital facility to which he/she is to be transferred.
History —June 28, 1994, No. 35, § 3, eff. 60 days after June 28, 1994.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 133A - Medical Assistance in Hospitals for Cases of Medical Emergencies (§§ 3111 — 3117) › § 3114 - Adequate inter-hospital transfer

An inter-hospital transfer is deemed to be adequate:
(a) When the medical institution that receives the patient has available space and qualified personnel to provide treatment, accepts the transfer, and agrees to provide adequate medical treatment;
(b) when the hospital transferring the patient provides the receiving medical institution with medical records, or copies thereof, regarding the examinations or treatment administered to the patient in said hospital, and
(c) when the transfer is carried out by qualified personnel using adequate transportation equipment, including the use of appropriate life support means during the transfer.
History —June 28, 1994, No. 35, § 4, eff. 60 days after June 28, 1994.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 133A - Medical Assistance in Hospitals for Cases of Medical Emergencies (§§ 3111 — 3117) › § 3115 - File of complaint

Any patient whose condition constitutes a medical emergency and any woman who is in labor, who goes to an emergency room of a hospital and is denied medical assistance for being unable to pay for medical services, or is transferred to another hospital in violation of the provisions of this chapter, may file a complaint, within the term of one (1) year, before the Physicians’ Examining Board or the Deputy Secretary’s Office for the Health Facilities Regulation and Accreditation, against the person, physician or hospital where this situation has occurred, as the case may be. The Secretary of Health shall design an official form which shall be available in all emergency, first aid and stabilization rooms, in order to expedite the filing of complaints by the patient. Said complaints may be filed by the patient or an authorized representative.
The Department of Health shall investigate all complaints filed. Should the outcome of the investigation indicate that there has been a probable violation of the provisions of this chapter, the case shall be referred to the Secretary of Justice to prosecute the corresponding action.
History —June 28, 1994, No. 35, § 5, eff. 60 days after June 28, 1994.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 133A - Medical Assistance in Hospitals for Cases of Medical Emergencies (§§ 3111 — 3117) › § 3116 - Information to the public

All hospitals, whether public or private, shall have the obligation to post a sign in their emergency, first aid and stabilization rooms to make the people aware of their rights and guarantees with regard to this chapter.
History —June 28, 1994, No. 35, § 6, eff. 60 days after June 28, 1994.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 133A - Medical Assistance in Hospitals for Cases of Medical Emergencies (§§ 3111 — 3117) › § 3117 - Penalties

Any natural or juridical person who knowingly violates the provisions of this chapter shall incur a misdemeanor and, upon conviction thereof, shall be punished with a fine to range from five thousand dollars ($5,000) to a maximum of twenty-five thousand dollars ($25,000), to be determined at the discretion of the court. The prescriptive term applicable to this offense shall be three (3) years.
History —June 28, 1994, No. 35, § 7; May 15, 2008, No. 62, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3121 - Definitions

The following terms, whenever used or mentioned in this chapter, shall have the meaning stated below, except when the context clearly indicates otherwise:
(a) Settlement Agreement. — Shall mean the Global Settlement Agreement signed on November 23, 1998, by the tobacco companies previously mentioned in the statement of motives, and the states, territories and other jurisdictions, including Puerto Rico, as said agreement may be amended from time to time.
(b) Bank. — Shall mean the Government Development Bank for Puerto Rico, created by §§ 551 et seq. of Title 7.
(c) Bonds. — Shall mean the bonds, notes in anticipation of bonds, temporary bonds, refunding bonds, obligations, notes, provisional or interim bonds, receipts, certificates or other evidence of indebtedness or obligations which the Trust is empowered to issue according to this chapter.
(d) Executive Director. — Shall mean the Executive Director of the Trust.
(e) Benefited entity. — Shall mean every natural or juridical person, including the government, to whom financial aid is provided pursuant to the provisions of this chapter and which meets the requirements established in this chapter and in the regulations.
(f) Trust. — Shall mean the Children’s Trust created by this chapter, or should said trust be abolished or deprived of its functions under this chapter, the public entity [or] body which shall succeed said trust in its main functions or the trust to which the rights, powers and duties provided in this chapter are conferred.
(g) Government. — Shall mean the Commonwealth of Puerto Rico, including all its subdivisions, agencies, public corporations and municipalities.
(h) Board or Board of Directors. — Shall mean the Board of Directors of the Trust, and should said board be abolished, the board or entity succeeding the latter in the performance of its main functions, powers and duties.
(i) Person. — Shall mean any individual, corporation, partnership, joint enterprise, association, joint-stock company, trust, unincorporated organization, the government or any other entity created, organized or existing under the laws of Puerto Rico, the United States, any state of the United States or any foreign country, or a combination thereof.
(j) Trust projects. — Shall mean all those government and private works, programs and initiatives whose direct or indirect impact has or has had a positive effect on the welfare of the citizens, their quality of life and the full and comprehensive development of the citizens.
History —July 30, 1999, No. 173, § 3; Jan. 4, 2002, No. 6, § 2; July 19, 2002, No. 103, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3122 - Creation of the Trust

A public trust fund is hereby created, attached to the Bank, which shall maintain said fund as fiduciary, apart from other public funds under its custody. Said trust constitutes a nonprofit, irrevocable and in perpetuity body corporate with an independent legal capacity. The trust, which shall be known as the “Children’s Trust,” shall exercise its powers independently as owner and administrator of the funds which shall be received by the same, proceeding from the Settlement Agreement and which shall be used pursuant to the provisions of § 3121 of this title.
History —July 30, 1999, No. 173, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3123 - Board of Directors of the Trust

The powers of the Trust shall be exercised by a Board of Directors which shall be constituted by seven (7) members. Four (4) of the members of the Board of Directors shall be ex officio members: the Governor of the Commonwealth of Puerto Rico, the President of the Bank, the Director of the Office of Management and Budget, the Secretary of Justice and three (3) private citizens as representatives of the public interest. The Governor shall designate the Chairperson from among its members. At least two (2) of the private citizens must have experience in the fields of health and education. The representatives of the public interest shall be appointed by the Governor with the advice and consent of the Senate of Puerto Rico for a term of four (4) years and until their successors are designated. The representatives of the public interest shall observe the same standards of ethics required from those officials who hold similar offices and shall comply with the laws that apply to them.
The members of the Board of Directors shall not be entitled to [a] per diem or compensation whatsoever for their services as such.
The Governor of the Commonwealth of Puerto Rico may delegate his/her participation in the Board of Directors on a representative. The President of the Bank, the Director of the Office of Management and Budget as well as the Secretary of Justice may delegate their representation on the Board of Directors in exceptional or force majeure cases, which shall not exceed five (5) times a year.
History —July 30, 1999, No. 173, § 5; Dec. 28, 2000, No. 450, § 1; Jan. 4, 2002, No. 6, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3124 - Quorum

Four (4) members of the Board shall constitute quorum and the affirmative vote of at least four (4) of the members present shall be necessary for the Board to take any action, except to bring the session to a close. No absence or vacancy of the members of the Board shall hinder the latter, once there is quorum, from exercising all its rights and performing all its duties.
History —July 30, 1999, No. 173, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3125 - Rights, powers, faculties and functions of the Board

In addition to any other provisions of this chapter, the Board of Directors shall have the following rights, powers, faculties and functions with regard to the Trust created by virtue of this chapter:
(a) Act as governing body of the Trust.
(b) Draft, adopt, amend and repeal rules and regulations to govern its activities and those of the Trust; determine the eligibility of the proponents of projects to be benefited by the Trust funds and its internal operations; exercise and perform the powers and duties granted and imposed thereto by this chapter; authorize the accounting and disbursement of funds and other administrative operations in establishing the Trust.
(c) Exercise all incidental powers or those necessary and convenient to achieve the purposes of this chapter.
(d) Establish the public policy and the objectives of the Trust in harmony with this chapter and approve the necessary operating standards and regulations.
(e) Determine the areas and priorities of action and approve the working plans drafted.
(f) Establish the duties and power of the Executive Director of the Trust in harmony with the provisions of this chapter.
(g) Delegate upon the Executive Director any powers and faculties needed to achieve the objectives provided in this chapter, subject to the limitations established in § 3133(a) of this title.
History —July 30, 1999, No. 173, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3126 - Executive Director and employees

The Bank shall provide the Trust’s personnel, and shall be compensated by the Trust for those expenses incurred for personnel contracted to comply with the provisions of this chapter.
The Executive Vice President of the Bank, in charge of the finance area, shall be the Executive Director of the Trust and its Chief Executive Officer. The Executive Director shall authorize and supervise any contract needed for the operations of the Trust, subject to the norms established by the Board. The Executive Director shall also be empowered to appoint personnel to carry out the duties of the Children’s Trust, as it is deemed necessary.
History —July 30, 1999, No. 173, § 8; Dec. 28, 2000, No. 450, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3127 - Civil liability

The Board and its members in their individual capacity, as well as the officials, agents and employees of the Trust, shall not incur civil liability for any action taken in good faith in the performance of their duties and responsibilities, pursuant to the provisions of this chapter, and they shall be compensated for all the costs they incur in relation to any claim for which they enjoy immunity according to these provisions. The Board and its members in their individual capacity, as well as the officials, agents or employees of the Trust shall be fully compensated for any civil liability adjudicated under the laws of Puerto Rico and the laws of the United States of America, provided their actions and decisions have been made in good faith within the framework of their functions.
The government shall provide legal representation and assume payment regarding any judgement on any government official who is sued for damages in his/her individual capacity when the cause for action is based on alleged violations of the civil rights of the defendant, or due to actions or omissions incurred in good faith in the course of his/her work and within the framework of his/her functions.
History —July 30, 1999, No. 173, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3129 - Trust projects

The Trust, in undertaking any project under the provisions of this chapter, shall be guided by and observe the criteria and requirements established by the Board of Directors. Provided, however, That every benefited entity shall comply with all operational, administrative and budgetary requirements and those that concern the drafting and formatting of reports or those of any other kind which the Trust may demand as a condition for providing assistance. Likewise, every benefited entity shall comply with the fiscal laws and present evidence to that effect.
The Trust may require the benefited entity to comply with specific conditions or that it take any actions or adopt any measures which the Trust may deem necessary and convenient to ensure that said benefited entity shall comply with the provisions of this chapter and its purposes.
History —July 30, 1999, No. 173, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3130 - Capitalization and investment of the trust funds

All annual payments received by the Government of Puerto Rico under the Settlement Agreement shall be initially covered into the Trust account. Subsequently:
(a) Any appropriation, legacy, gift or contribution from any person to the Trust, (including any government instrumentality which is expressly authorized to make such contributions to the Trust), and
(b) all income (including revenues on the interest) received from the investment of the Trust moneys, shall be covered into the Trust account.
The Executive Director, or his designee, or the Board, are hereby authorized to create within the Trust those accounts which may be necessary to achieve the purposes of this chapter and to segregate all or part of the moneys covered into one (1) or more of said Trust accounts. The funds deposited in said accounts may be used to defray the administrative, operating and maintenance expenses of the Trust projects. The Board shall, subject to any legal or contractual obligation then in effect, determine into which of the Trust accounts shall all or part of the deposits referred to in this section be made.
The moneys in the Trust account shall be invested and reinvested in any obligation or instrument approved by the Bank under the provisions in §§ 1261 et seq. of Title 7, pending their use for the purposes under the conditions specified in this chapter.
The Trust funds may be invested in any obligation or instrument approved by the Bank pursuant to §§ 1261 et seq. of Title 7, which allows the Bank to decide how to invest the funds under its administration. The Bank shall ensure that the investments to be made generate the maximum yield permitted by market conditions, and shall render to the Board of Directors a quarterly report of its activities.
History —July 30, 1999, No. 173, § 12.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3131 - Transfer of payments of the Settlement Agreement

(a) The Government of Puerto Rico hereby assigns and transfers to the Trust all payments it is entitled to receive under the Settlement Agreement and the provisions of this subsection shall confer upon the Trust absolute title free of any lien or claim on said payments.
(b) When the Board determines that it is in the best interests of the Trust, the Trust is hereby granted the authority to sell (at public or private auction or through negotiations and in exchange for such a consideration in cash or otherwise, under such contracts or agreements as determined by the Board) all or that portion of the payments to be received under the Settlement Agreement at the absolute discretion of the Board, to any person, including the Bank or its subsidiaries, said sale being an assignment of said payments to the buyer. When said sale is carried out, the Trust shall waive any right to receive said payments except the receipt of the payment of the sales price (in cash or in the manner determined by the Board). Said transfer shall not be handled as though creating a debt, liability or obligation of the Government, its agencies or instrumentalities, or of the Trust. The Trust shall apply the proceeds of the sale to any of its authorized purposes, and pending said application, it may be invested as provided in subsection (i) of § 3128 of this title.
(c) All payments made by or in benefit of the Government of Puerto Rico, be it directly to the Trust or in any other manner under the Settlement Agreement shall be, for the purposes of §§ 401 et seq. of Title 19, known as the Uniform Commerce Code of Puerto Rico, considered as general intangibles and not as rights in relation to a judgment. Furthermore, the provisions of § 2004(e) of Title 19, shall not apply to any secured interest created or authorized by the Government, the Trust or any government instrumentality, in relation to said payments.
History —July 30, 1999, No. 173, § 13; Dec. 28, 2000, No. 450, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3132 - Funds and accounts

All Trust moneys shall be deposited with the Bank or depositories qualified to receive funds from the Government of Puerto Rico, but they shall be maintained in a separate account or in separate accounts in the name of the Trust. Disbursements shall be made according to the regulations and budgets approved by the Trust.
The Trust shall establish, according to generally accepted public accounting principles, the accounting system required for the proper control and statistical recording of all expenses and revenues belonging to, managed or controlled by the Trust. The accounting procedures of the Trust shall be maintained in such a way that the accounts may be properly identified and kept separately, as advisable, in relation to the various types of businesses and activities of the Trust.
History —July 30, 1999, No. 173, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3134 - Tax exemption

(a) It is hereby resolved and declared that the purpose for which the Trust was created and for which it shall exercise its powers are public purposes [for the] benefit of the People of Puerto Rico, and that the exercise of the powers conferred under this chapter constitutes compliance [with] essential government functions.
The Trust shall also be exempt from the payment of all taxes, patents fees or licenses imposed by the Government of Puerto Rico or its municipalities.
(b) To allow the Trust easy access to funds to achieve its corporate purposes, the bonds issued by the Trust under the provisions of this chapter, their transfer, and the revenues proceeding therefrom, including any profits obtained from their sale, shall be and remain at all times exempted from the payment of all taxes, patents or fees imposed by the Government of Puerto Rico or any of its municipalities.
(c) The Trust shall also be exempt from the payment of any type of internal revenue fees, stamps and vouchers and any tariffs or taxes of any nature required by law for transacting judicial proceedings, the production of certificates or certifications by any office or dependency of the Government of Puerto Rico, and the granting of public documents and registering these in any public registry of the Government of Puerto Rico.
History —July 30, 1999, No. 173, § 16.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3135 - Immunity from liability

The bonds issued by the Trust shall not constitute a debt of the Government of Puerto Rico nor of any of its instrumentalities or political subdivisions and neither the Government of Puerto Rico nor its political subdivisions shall be liable for the same, and said bonds shall be only payable from those funds pledged for their payment.
The Trust shall not be deemed to be acting on behalf of, or that it has incurred any obligation whatsoever toward the holders of any debt of the Government of Puerto Rico or of any benefited entity or toward third parties, even when the Trust has taken an action under this chapter which affects said benefited entity.
History —July 30, 1999, No. 173, § 17.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3136 - Reports

The Trust shall render a report to the Legislature which shall include the following:
(a) A financial statement audited by a recognized company and a complete report of the activities of the Trust for the previous fiscal year.
(b) A complete and detailed list of all contracts executed and transactions conducted during the fiscal year corresponding to the report.
(c) Complete information regarding the situation and progress of its financing and other activities up to the date of its last report.
The report for the previous fiscal year shall be submitted by the Board to the Legislature and the Comptroller after March 31 of each year. Said report shall be available to the public.
History —July 30, 1999, No. 173, § 18.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3137 - Legislature; operation and administration of the Trust

The Committees on Finance of the House of Representatives and of the Senate of Puerto Rico shall examine the operations and administration of the Trust. At least once a year, after March but no later than June 30, the Executive Director of the Trust shall appear before a joint session of the Committees on Finance of the House and the Senate and render a report on the status of the Trust, including a detailed description of its achievements and projections, both financial and programmatic, as well as of all other pertinent information. The Committees on Finance of the House and the Senate may hold such public hearings, contract such experts and agents and take such steps as may be deemed necessary or proper to examine the operations and administration of the Trust. The Comptroller of Puerto Rico shall audit the Trust and conduct those financial and/or operating audits and any other procedures he/she deems necessary or proper to discharge his/her duties.
History —July 30, 1999, No. 173, § 19.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3138 - Penalties

The directors, officials and employees of the Trust and of every benefited entity that, in the discharge of their functions, duties and responsibilities under this chapter, incur conduct typified as a crime against the public function, shall be subject to the applicable penalties established in Act No. 115 of July 22, 1974, known as the “Puerto Rico Penal Code of 1974”.
History —July 30, 1999, No. 173, § 20.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 134 - Children’s Trust Act (§§ 3121 — 3139a) › § 3139 - Prescriptive term to file claims with regard to the Settlement Agreement

No municipality of Puerto Rico, nor any instrumentality, public corporation or other dependency of the Government of Puerto Rico which is not a party to the Settlement Agreement with the tobacco companies, may file a claim for damages against any tobacco company which is a party to this agreement, after one year from the date on which said Settlement Agreement was signed.
History —July 30, 1999, No. 173, § 21.