P.R. Laws tit. 24, § 3228

2019-02-20 00:00:00+00
§ 3228. Evaluating Board—Powers, duties, and responsibilities

In addition to any function, duty and responsibility imposed by this chapter, the Evaluating Board shall have the following functions, duties and responsibilities:

(a) Establish the regulations needed to govern its operation and the administration of the Fund created by §§ 3221—3225 of this title.

(b) Keep a register of all those duly recognized institutions in and outside of Puerto Rico that conduct procedures related to the treatments addressed to reverting terminal diseases or illnesses.

(c) Negotiate with medical institutions in or outside of Puerto Rico that make diagnosis and treatments and the costs thereof, in order to make the same less expensive.

(d) Receive and give prompt consideration to the applications for assistance of the Curable Catastrophic Illnesses Services Fund.

(e) Evaluate the medical condition of the patient pursuant to the medical file provided by the former and if deemed necessary, require a second opinion or the advice of a specialist or subspecialist.

When the Board requires the expertise consigned in the preceding paragraph, it shall have the cooperation of the physicians who are specialists or subspecialists members of the various sections of the Physician-Surgeons Association of Puerto Rico free of charge pursuant to the provisions of § 73d of Title 20. In this case, the Physician-Surgeons Association shall assign said specialist or subspecialist, who shall conclude his/her study of the case within ten (10) days following the initial request of the Board. This term may be extended if the physician assigned by the Physician-Surgeons Association deems it prudent. Any analysis, test or study required by said physician in order to make a determination, shall be paid by the Board and charged to the Fund.

Under no circumstances shall it be understood or construed that upon evaluating the medical condition of the patient, the physicians of the Board or those assigned by the Physician-Surgeons Association, as the case may be, are evaluating the capacity of the physician who signed the medical record in the first place.

(f) Determine if the applicant patient’s health condition meets the requirements of § 3223 of this title.

(g) Evaluate the socioeconomic and financial condition of the patients who request for the assistance of the Fund, and of the components of his/her family nucleus. For these purposes, and if it is necessary, the Economic Development Bank of Puerto Rico shall have the obligation to offer its support to the Board when required by it. Any requirement of such a nature shall be processed by the Bank within a term of less than ten (10) working days.

(h) Determine if the patient meets the financial requirements established in § 3223 of this title.

(i) Establish the methods for disbursements, verification of the use and disposal of the sums of money requested and approved.

(j) Authorize the payment of supplementary expenses for patients whose treatment is involved and to their family or guardians, when, in the judgment of the Board, those expenses are necessary for the patient to receive the diagnosis and treatment. These supplementary expenses can include the cost of transportation, per diem and lodging.

(k) Carry out all those functions addressed to complying with the purposes of this chapter, that are not in contravention of any law, rule or regulation, nor to the sound norms of public administration.

History —Aug. 19, 1996, No. 150, § 10.