May 21, 2024

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Council lawyers have suggested “suppressing or reducing the functions” of SAS due to potential “duplication” with the health institute

Council lawyers have suggested “suppressing or reducing the functions” of SAS due to potential “duplication” with the health institute

he Legal Office of the Government of Andalusia The autonomous government warned, in its report on the initial draft of the law establishing it Andalusian Health InstituteProbably Redundancy in jobs One’s own property Andalusian Health Service (SAS) and this future body in their joint status as administrative agencies.

Regional jurists, in the hypothesis of the alleged “rational management of public resources” with the establishment of a new administrative agency, He proposed “either abolishing or appropriately reducing the functions of the agency already in place (Servicio Andaluz de Salu)d), as stated by lawyer Euphrasio Javier Lomas in a report dated March 30, 2022.



This legal text recommended that to the Andalusian government We will review that “there is no duality between purposes and functions Of the two administrative agencies (the Andalusian Health Institute and the Andalusian Health Service) that will coexist in the field of health in Andalusia”.

he Government Council On Tuesday 17th of this month, a draft law was approved to establish the Andalusian Institute of Health with the aim of absorbing two existing organizations, such as the Andalusian School of Public Health and the Foundation for Progress and Health, as well as the General Secretariat of the Andalusian Institute of Public Health. Public Health and Health Research and Development of the Ministry of Health, to proceed with the reduction of administrative entities, according to the Andalusian government.

An invitation to the Andalusian Military Council is considered “advisable or”. Define the purposes of the new agency to be established more precisely“, or failing that, that Limit SAS powers So that the Andalusian government follows the premises of the Law of Administration of the Andalusian Military Junta (LAJA), after raising “the avoidance of duplication in establishing effective entities to manage the Andalusian Military Junta, which is the principle that heads its organization and work.”

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Among the entities that will form the future health institute, the Andalusian School of Public Health is a commercial company with majority participation of the Andalusian government, while Progreso y Salud is a foundation.

the Law of Administration of the Government of Andalusia Agencies are defined as “an institutional administration subordinate to the administration of the Andalusian Military Council”, which has a “public legal personality”, while a commercial company and an institution “have a private legal personality, so in no case may they have powers that involve the exercise of authority.” .

The Legal Council of Ministers proposes to the Andalusian government, in line with the repeal of Articles 46, 47 and 48 of the law. Andalusian Public Health Law No. 16/2011A, regarding the Public Health Research Center of Andalusia, the Andalusian School of Public Health and the Public Health Observatory of Andalusia, so that “in response to the purposes and tasks undertaken by the Institute, the amendment of the aforementioned Law No. 16/2011 submitted List, And even a brief summary of the aforementioned institute And its role within the framework of public health regulation in the Andalusian Military Council.”

The draft law stipulates this “Efficient process” The Andalusian Health Institute will start with the entry into force of the law The decision of the Government Council to approve its statutewhich must be drafted six months after the future law enters into force.

A budget of no less than 51 million for the new entity

The Andalusian Health Institute will be born Minimum annual budget is $51.37 milliondespite this number It could exceed 70 million eurosIt is an amount that means adding the operating and capital budgets of the organizations that will bring it together: the Andalusian Foundation for Progress and Health and the Andalusian School of Public Health, in addition to the budget allocations of the General Secretariat of Public Health and the Research, Development and Innovation in the field of health of the Ministry of Health.

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In the economic report prepared by the Ministry of Health in May 2021, it was indicated that “for the normal development of its activities, the Andalusian Institute of Health will have the following annual operating budget,” amounting to 51.3 million dollars, the distribution of which will be as follows: : 28.67 million for employee expenses; Operating expenses 10.98 million; Supplies 2.61 million; Current transfers 7.93 million; And amortization of 1.1 million.

But in that expected budget It did not include incorporation From an administrative body that is today part of the Ministry of Health, e.g General Secretariat of Public Health, Research, Development and Innovation.

According to him budget Andalusia 2023, Progress and Health Foundation It has an operating budget of 30.81 million euros; In case General Secretariat of Public Health, Research and Development+And stop it Q29.49 million; And this is from Andalusian School of Public Health reach to 12.11 millionitems that if added mean that the accounts of the Andalusian Health Institute will begin in 72.41 million.

As for Person’s expensesl of these organisms Progress and Health Foundation that it 17.64 million; In the Andalusian School of Public HealthA, these expenses are 9.37 millionwhile in General Secretariat of Public Health, Research, Development and Innovationfrom 3.3 million From the euro. The department is currently adding employees to these three entities 30.31 million.

Funding sources

In addition to this amount there will be Other income concepts To be included in this future budget of the Andalusian Health Institute with the nuance that “as long as its own section is not constituted in the budget law of the Autonomous Community of Andalusia” and “until the processes necessary for the adjustment” of the corresponding appropriations are carried out by the department responsible for finance”.

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The draft law clarifies that financing the Andalusian Health Institute, with the allocation of its budget in the accounts for each year, It will be fed through “subsidies or budget allocations that can be compatible with it, and which is charged to the budget of any other public or private entity.”

To this we must add “income as consideration for activities that may be carried out under contracts or agreements with other public or private entities or natural persons,” along with “income as consideration for activities that may be carried out under the provisions of the legal provisions determining the allocation of said income for the purposes of the Institute.” .

Likewise, the initial project is envisaged to be the Andalusian Health Institute You may receive “income resulting from the exploitation or use of its solutions, applications or technological developments” And also a producer Disposal of assets and values that constitute their heritage.

Other potential income provided for by law is “income from your assets and securities”, as well as “income from your assets and securities”. Donations, donations, inheritances, bequests and any other free transfer from individuals or private companies”, along with “any other public or private income that may correspond to it in accordance with current legislation” and “any other resource that may be attributed to it”.