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The Minister of Health declared invalid a regulation of the Health Regulatory Entity on the transfer of users between hospitals. The regulator says Marta Temido has no legal competence to do so.
In a statement sent this Thursday morning to the editorial offices, the Health Regulatory Authority (ERS) reacts to the ministerial order published today in the Diário da República.
The diploma declares invalid Regulation No. 964/2020, of October 16, of the Health Regulatory Authority, which defines the rules for the transfer of users between public, private, cooperative and social health providers.
According to the minister, the matter “is not part of the legal and statutory functions envisaged for the ERS, not corresponding to its mission or the objectives and competencies committed to the aforementioned independent administrative entity.” Therefore, the order adds, it is “an invalid administrative regulation, due to its breach of the law and the general principles of administrative law.”
In reaction, the regulator expresses “surprise” at the decision. The entity, chaired by Sofia Nogueira da Silva, assures that the publication of the regulation “was preceded by a long administrative process of preparation, discussion and approval, with the involvement and participation of the different agents of the sector.”
ERS contracts, claiming that Marta Temido “does not have the legal competence to declare null a Regulation of an independent administrative entity.
And he concludes, considering that “the declaration of nullity of an ERS Regulation can only be made by the ERS itself or by the courts” and that the order of Marta Temido “because it is an act that is outside its powers, does not produce any legal effect “. In other words, he says, the regulation “remains fully in force in the legal system.”
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