Summary.
The bill would apply to all public and private hospitals. It provides that a patient must be removed within 72 hours after medical discharge. The hospital would have to give formal notice of the discharge and keep a record of that notice. Once the period expires, hospital abandonment would be declared through a reasoned administrative act. These provisions set out the sequence of discharge notification, removal of the patient, and the administrative decision that would follow if the patient remains in the hospital.
After the declaration, a hospital could arrange the patient’s transfer and coordinate admission to a care facility. It could also release the hospital bed after completing the necessary arrangements and coordination with the Ministry of Social Development (Ministerio de Desarrollo Social). The bill permits an assisted discharge in coordination with public or private institutions. These powers connect departure from the hospital with the arrangement of a place of care and the involvement of other institutions in the discharge process.
As to responsibility, the bill provides that family members must assume the patient’s care and the costs arising from abandonment. It also allows the State to recover from those responsible the costs incurred because of an improper continued stay. Abandonment would be subject to fines and other administrative measures. An administrative declaration of abandonment would not preclude criminal liability under the Criminal Code (Código Penal) of Panama (Panamá). The text thus addresses family care, recovery of public expenditure, administrative sanctions, and the possible application of criminal law.
The bill assigns the State responsibility for ensuring temporary care facilities and support programs. It also establishes an expedited administrative procedure to implement its provisions. It requires coordination of actions among the Ministry of Social Development (Ministerio de Desarrollo SociaL), the Social Security Fund (Caja de Seguro Social), the Ministry of Health (Ministerio de Salud), and the Judiciary (Órgano Judicial). Its transitional provisions call for regulations within 6 months and implementation of a care network within 12 months. The final provision characterizes the bill’s rules as matters of public order and social interest.
The bill therefore concerns the Ministry of Social Development (Ministerio de Desarrollo Social), the Ministry of Social Development (Ministerio de Desarrollo SociaL), the Social Security Fund (Caja de Seguro Social), the Ministry of Health (Ministerio de Salud), and the Judiciary (Órgano Judicial), as well as the Criminal Code (Código Penal) of Panama (Panamá) where applicable. Its provisions could interest or affect public and private hospitals, care facilities, medically discharged patients—particularly older adults—their families, and public or private institutions involved in transfers, assisted discharge, temporary care, and support programs.
What it proposes.
- Removal of patients after medical discharge.
- Administrative declaration of hospital abandonment.
- Assisted discharge and coordination of care.
- Family responsibility, cost recovery, and sanctions.
Who it would affect.
- Public and private hospitals.
- Medically discharged patients, particularly older adults.
- Patients’ family members.
- Institutions involved in discharge and care.
Key points.
- The bill would apply to all public and private hospitals.Art. 1
- A patient would have to be removed within 72 hours after medical discharge, and the hospital would have to document formal notice of that discharge.Arts. 2-3
- Once the period expires, hospital abandonment would be declared through a reasoned administrative act.Art. 4
- A hospital could arrange a transfer and admission to a care facility, release the bed after coordinating with the Ministry of Social Development, and arrange assisted discharge with public or private institutions.Arts. 5-6
- Family members would assume care and abandonment-related costs, while the State could recover the costs of an improper continued stay from those responsible.Arts. 7-8
- Abandonment would be subject to fines and other administrative measures without precluding criminal liability under the Criminal Code of Panama.Arts. 9-10
- The State would ensure temporary care facilities and support programs; an expedited administrative procedure and institutional coordination would support implementation.Arts. 11-13
- The bill provides for regulations within 6 months, a care network within 12 months, and the public-order and social-interest character of its provisions.Arts. 14-15