Summary.
The draft bill establishes standards for humane care in state-run hospitals, polyclinics, and health centers. It grounds that care in dignity, empathy, equity, clear communication, participation by patients and their families, transparency, and physical, psychological, and social care. It recognizes patients’ rights to courteous treatment, understandable information about their health, identification of the staff caring for them, and care in safe, clean, clearly marked facilities. It also provides for scheduled updates to families, psychosocial support in certain cases, a complaint channel with responses within 10 business days, and accessible information in official languages, Indigenous languages, and adapted formats. Institutions must honor appointment and procedure schedules; the Ministry of Health (Ministerio de Salud) and the Social Security Fund (Caja de Seguro Social) will monitor and assess compliance.
Facilities must provide guidance from the point of entry, signage, and information about services, procedures, and waits. Materials may be printed, digital, or displayed on signs with pictograms, depending on budgetary and local conditions. Queue management systems with screens showing estimated waits and reminders of patients’ rights are proposed. The Ministry of Health and the Social Security Fund must train healthcare, administrative, and security staff in humane treatment and empathetic communication. Hospitals and health centers will set at least 2 daily times to update the families of hospitalized patients. Institutions must keep patient transport equipment used within facilities in suitable condition and seek to provide sufficient food consistent with medical instructions. These measures will be implemented progressively according to resources and operational capacity, with immediate corrections where risks arise. In the event of delays, institutions must inform patients, prioritize according to medical criteria, and reasonably reduce waits.
Within the powers recognized by the Constitution and the law, the Ombudsman's Office will receive and follow up on complaints, publish reports with indicators, issue recommendations subject to analysis and a reasoned response, and coordinate actions with patients and professionals. Facilities will publish average waiting times, complaints, and improvements quarterly, and enable anonymous evaluations and surveys. Staff noncompliance may lead to a reprimand, suspension without pay for up to 15 days, or disqualification for up to 6 months for serious repeat violations. Complaints may be filed with the Ombudsman's Office or the administrative authority; the two will exchange information, and the competent authority will process penalties with due process. Facilities with repeat violations may face fines, reduced representation budget allocations, or temporary intervention in the Medical Directorate (Dirección Médica). The Executive Branch (Órgano Ejecutivo), through the Ministry of Health, will issue implementing regulations within 6 months of promulgation, when the framework would take effect. Its provisions concern these public entities, healthcare facilities, patients, families, patient associations, and associations of healthcare professionals.
What it proposes.
- Humane care in public healthcare facilities.
- Patients’ rights to information, support, guidance, and complaints.
- Oversight, transparency, and evaluation of services.
- Liability and penalties for noncompliance.
Who it would affect.
- Patients and relatives of users of the public healthcare system.
- Public hospitals, polyclinics, and health centers.
- Healthcare, administrative, and security staff.
- Authorities responsible for providing and overseeing public healthcare services.
Key points.
- Defines the principles of dignity, empathy, equity, communication, participation, transparency, and comprehensive care.Arts. 1-2
- Recognizes rights to accessible information, support, safe care, punctuality, and a response to complaints within 10 business days.Art. 3
- Requires guidance, signage, information about waits, and queue management systems with information screens.Arts. 4-6
- Mandates staff training, daily times for providing clinical updates, and conditions for patient transport within facilities and patient meals.Arts. 7-9
- Requires notice of delays, prioritization according to medical criteria, and management of punctuality for scheduled care.Art. 10
- Assigns monitoring functions to the Ombudsman's Office and recommends publishing indicators, complaints, improvements, and patient evaluations.Arts. 11-13
- Provides for penalties for staff and facilities, referral of complaints, and an administrative procedure subject to due process.Arts. 14-16
- Tasks the Executive Branch with issuing implementing regulations and sets the effective date at promulgation.Arts. 17-18