Author(s) Silvie Patrícia Rodrigues Oliveira
Advisor(s) Domingos Soares Farinho and Isabel Celeste M. Fonseca
Synopsis This work is primarily focused on the analysis of the recently published Decree-Law n.º 138/2013, of October 9. This legislation sets out the articulation forms of the Ministry of Health (HM) and the facilities and services of the National Health Service (NHS) with the Private Institutions of Social Solidarity (PISS), framed in the regime of the Basic Law of Social Economy and establishes the drawback scheme of «Misericordia» Hospitals that were once integrated in the public sector and that were managed by institutions or NHS services. To better understand the complexity of PISS is important to know the context of its emergence and analyze the legal framework, both in terms of the Portuguese Constitution or the Legal Regime of Collective People of Public Utility and the newly republished Statute of the Private Institutions of Social Solidarity. The NHS is doubly pursued by the Decree-Law n.º138/2013,of October 9, now in coordination with the PISS and the legal framework of the return of the «Misericórdia» Hospitals. In this sense, it is imperative to study the legal framework of the NHS. The joint arrangements of the NHS and PISS, including management and cooperation agreements earn special emphasis in this thesis, we aim to examine the key points of the legal regime established by the Decree-Law n.º138/2013,of October 9. The legal framework of the return of the «Misericórdia» Hospitals, object of the Decree-Law n.º 138/2013, of October 9, will be analyzed in most synthetic manner. In the specific context of the study of management and cooperation agreements, we aim to analyze the adequacy of the legal framework for the formation and implementation of the agreements and the terms of its subjection to the rules of the Public Procurement contemplated in the Decree-law n.º138/2013, of October 9.
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