P.R. Laws tit. 24, § 3006
The Council shall be an advisory body for the planning, coordination, revision and evaluation of all matters concerning the area of health in Puerto Rico. It shall be organized internally and function so as to constitute an effective mechanism to achieve the positive interaction of the main components of the health system and the objectives of this chapter. It shall make recommendations to the Secretary and the Legislature on modifications to the public policy in the area of health in order to bring it up to date.
To achieve these basic purposes, the Council shall have the following functions:
(1) Undertake, at the request of the Secretary or of the various government agencies or entities related to the health area or at its own initiative, whatever studies and investigations are needed to recommend the basic guidelines, criteria and procedures that should govern the planning process in the area of health or the discharge its responsibilities. Provided, That the Council must continuously study and evaluate the health needs of those persons sixty (60) years old or older and the services actually provided to meet those needs, as well as the way in which they are rendered, in order to submit to the Secretary an annual report on its findings and recommendations.
(2) Propose to the Secretary guidelines, criteria and procedures for a plan for the development, organization and distribution of resources for providing health services in Puerto Rico, after consultation with and the advice of other Commonwealth or federal agencies or private entities, including those representing the professions involved and private persons. For the development of this plan, the Council shall take into account the importance of controlling the cost of the health services provided in public and private institutions, the development of short- and long-term community health services and the development of effective prevention services. The financing and rendering of health services, especially considering the high cost of hospitalization, must be efficient and be designed to maximize the use of the limited resources while the prevention services must constitute an important cost-control element.
(3) Recommend to the Secretary, upon consultation with the educational institutions of the country and with the professional entities concerned, those guidelines, criteria and procedures for an educational development plan and for training the human resources need to provide health services in Puerto Rico. This plan shall include, among other things, emphasis in interdisciplinary education on gerontology concerning the professions related to the area of health and the retraining in primary medicine subspecialties. Furthermore, the plan shall contain a projection by categories of the health personnel requirements for the ten years following its promulgation. The first plan shall be proposed within the year following the creation of the Council and shall be subsequently revised every two years. The Secretary shall propose the contents of said plan to higher education and other institutions that train health professionals in Puerto Rico in specific areas. The Secretary shall also promote the planning and development of teaching programs in the area of health at institutions engaged in educating health professionals and technicians in the country, according to the requirements of the aforementioned plan. With respect to the Commonwealth institutions, these shall develop their educational programs according to the needs determined by the Secretary and considering those which may be prepared by private institutions.
(4) It shall see to it that the Department of Health develops, implements and keeps up-to-date the Plan for the Development, Organization and Distribution of Resources for the Furnishing of Health Services, and the Educational Development Plan, mentioned in the preceding subsections (2) and (3) of this section, respectively, and shall advise the Secretary on the development of this activity.
(5) It shall coordinate the efforts of the various Government agencies and private entities related to the health area towards the attainment of common goals, without hindering the autonomy that legally belongs to each one in order to achieve an operational system.
(6) Study the socioeconomic, physical and community support situation of the people of Puerto Rico in order to direct its short- and long-term planning activities in the health area. Provided, That the people of Puerto Rico must have access to a full range of health services, including long-term care for which the programs must emphasize the support in the home and provide assistance to the relatives and other members of the informal support system, as for example, the neighbors and friends who provide such care.
(7) It shall recommend regulations that apply to the professionals and to the health facilities provided in §§ 3009, 3011 and 3016 of this title and shall evaluate how said regulations are applied.
(8) Propose a community education program on health care directed towards creating awareness of the importance of health care and maintenance that would strengthen the efforts for promoting good health and the prevention of disease. All persons should be provided with adequate information so that they might be able to share the responsibility of safeguarding their own health, educate themselves and take preventive measures to protect their health and well-being.
(9) It shall promote the convenience of group or multidisciplinary practice of several health professions among health purveyors, always exercising the due rights of those who prefer or have to practice individually.
(10) Shall study, evaluate and make recommendations by petition of the Secretary, with regard to the criteria which he/she shall recommend to the Department of Consumer Affairs, to fix prices and profit margins of medications.
(11) After consulting with the bodies concerned and in coordination with the Commissioner of Insurance, it shall recommend through the Secretary a basic minimum coverage for all health service insurance in Puerto Rico and, according to the provisions of §§ 1901—1927 of Title 26, the Secretary shall determine the basic minimum coverage. This same minimum coverage shall be applicable to the purveyors of health services engaged in the medico-hospital insurance business and to government or private entities engaged in providing medico-hospital protection.
(12) It shall establish the norms and criteria to be used by the Government body or dependency charged with studying and evaluating the costs of medico-hospital insurance, and shall evaluate the quality of the services rendered by the entities devoted to these purposes and shall maintain a close coordination with such body or dependency.
(13) It shall study the problem of mental retardation, taking into account its magnitude and impact on the family and the community. It shall evaluate the different preventive programs and services that are available for the care, treatment and rehabilitation of the mentally retarded nontrainable, trainable and teachable population. It shall recommend possible programs for outpatient, day care or hospital care for those suffering this condition.
(14) It shall establish the guidelines which shall govern the experiments or pilot programs for the furnishing of health services adopted or implemented by the Secretary which must provide, without it being understood as a limitation, for the following:
(a) The administration by the community of the public facilities of a region,
(b) the administration of public facilities by a community hospital of the area,
(c) the administration of public facilities in a region by a private firm. The experiments or pilot plans implemented must be in accord with the principles, standards and procedures provided by the existing health legislation which applies to such experiments.
(15) It shall prepare and submit to the Secretary and to the Legislature a duly documented evaluation report on the efficiency and effectiveness of the experiments or pilot programs for the furnishing of health services in the public sector implemented by the Secretary and its opinion with regard as to whether they meet the principles of the public health policy. For the purposes of these studies, the Council will assist and advise the Secretary in the establishment and development of the following:
(a) The criteria to be used to determine the types of existing services which require a different model to furnish them, the type of model that will replace the present one and the geographic area in which the new model will be tested.
(b) Specific criteria and evaluating methodology to be used in measuring the effectiveness and efficiency of the new models.
(c) Specific controls required to ensure that the new models are responsive to the public health policy and the purposes of the model, in terms of objectives and quantifiable goals of quality, efficiency, cost, accessibility and continuity of services.
(d) Criteria and methodology to identify the flaws or defects of the model which is to be replaced, and to measure in due time in what measure these flaws or defects have been corrected by the new models.
(e) Criteria and methodology to determine the impact produced by the establishment of the new model on all the members of the health team in terms of the personnel’s salaries, motivation and identification with the objectives of the organization.
(16) It shall perform all other functions entrusted to it by law, by the Secretary or by any other government agency or entity which is related to the health area and which are needed to carry out the purposes of this chapter.
History —June 23, 1976, No. 11, p. 672, § 6; June 29, 1977, No. 124, p. 338, § 6; July 11, 1978, No. 32, p. 459, § 1; June 12, 1980, No. 124, p. 449, § 1; July 24, 1985, No. 16, p. 711, § 4; Dec. 28, 1995, No. 257, § 2; Aug. 31, 2000, No. 262, § 2; Sept. 3, 2004, No. 247, § 7.05(c).