The Curable Catastrophic Illnesses Services Fund is hereby created, attached to the Department of Health and administered by the Board created in § 3225 of this title, which shall be used to totally or partially defray the costs of diagnosis and treatment, including supplementary expenses, of those persons who suffer illnesses whose foreseeable effect as certified by a physician is the loss of life; for which medical science has successfully proven that there is treatment which remedies said condition to the extent of saving the patient’s life; and that said treatment, including its diagnosis, is not covered or is only partially covered by the health insurance plans available in the general market, including the Government of Puerto Rico Health Insurance Plan; and that the patient or the members of his/her family unit or those bound by law to support him/her lack the financial resources or the means to obtain financing in private banking.
For these purposes, the Department of Health shall establish a special account denominated Curable Catastrophic Illnesses Services Fund, in which the money raised and appropriated through this chapter shall be deposited.
The funds appropriated by the Legislature shall be deposited or accredited in said special account, as well as the funds proceeding from the recovery of principal and interest in those cases in which the patient or his/her guardian are granted total or partial financing, and any other money that is donated, transferred or ceded by federal, state or municipal government bodies, juridical or natural persons.
The Board is also authorized to request and accept donations, pursuant to the regulations adopted by it. It is also authorized to negotiate time and space with the mass communications media to request and obtain donations. Said negotiations may be co-sponsored by private and public institutions.
The use of the Fund’s money for purposes other than those established in this chapter is prohibited. Nevertheless, the Board is authorized to use up to a maximum of three percent (3%) of the funds appropriated and covered into the Fund for operating expenses, except for the payment of salaries, which shall be done by the Department of Health. The Fund shall be of a permanent and revolving nature, so that any surplus at the close of each fiscal year shall remain in the Fund for its capitalization and attention of future cases.
History —Aug. 19, 1996, No. 150, § 4; Aug. 21, 2003, No. 198, § 1; Aug. 16, 2009, No. 79, § 1, retroactive to July 1, 2009.