P.R. Laws tit. 11, § 1b-4

2019-02-20
§ 1b-4. State Insurance Fund Corporation—Duties and functions of the Administrator

In addition to the duties assigned to the Administrator by the Board of Directors in accordance with the powers conferred by it, the Administrator shall carry out the following duties and functions:

(a) Take any administrative and managerial actions that may be necessary and convenient for the implementation of this chapter and the regulations adopted by virtue thereof.

(b) Adopt, upon approval of the Board of Directors, reasonable and adequate administrative guidelines and orders to implement and put into effect the provisions of this chapter.

(c) Oversee and supervise the coordination of the work accident prevention program and of the medical, hospitalization, and physical and vocational rehabilitation services, as well as the compensation payment and claims liquidation of employees.

(d) Carry out studies and submit reports to the Board of Directors on the progress of the programs established for the benefit of the employees and to make recommendations as to possible changes and modifications to such programs.

(e) Administer and operate, subject to the regulations in effect and the guidelines set by the Board of Directors, the Corporation’s own health service facilities for the benefit of the employees.

(f) Insure, pursuant to this chapter and to regulations, all employers that by law should be insured by the State Insurance Fund Corporation. It is also provided, that the Administrator shall ensure the timely remittal of the workers’ compensation insurance premiums imposed upon employers and municipalities. In the case of the municipalities, the notice of the imposition of the workers’ compensation insurance premiums shall be sent either ninety (90) days in advance or by March 1, whichever term is the shortest, prior to the deadline for presenting the municipal budget. The Administrator shall implement the necessary mechanisms and approve the rules for compliance with the provisions set forth in this subsection.

(g) Administer the Corporation’s own personnel system and appoint all its officials, agents and employees, who shall be public employees entitled to membership with the Government Employees Association of Puerto Rico and to the benefits under the Retirement System of the Government of Puerto Rico, to confer the powers and assign the duties that may be deemed appropriate, as well as to set their remuneration subject to the personnel regulations established by the Board of Directors of the Corporation. The Corporation shall be exempt from the provisions of Act No. 5 of October 14, 1975, known as “Puerto Rico Public Service Personnel Act”, and from the personnel regulations adopted by virtue thereof. However, the Personnel System to be established shall be based on the merit principle and shall conform to the rules and regulations adopted to such effects by the Administrator.

(h) Impose on the officials, agents and employees of the State Insurance Fund Corporation the disciplinary measures that may correspond according to the regulations adopted to such effects by the Board of Directors.

(i) Award contracts to health professionals and institutions or organizations engaged in rendering medical-hospital and health services, chargeable to budget authorizations approved by the Board of Directors, as may be necessary or convenient for the treatment of employees entitled to receive the benefits of the law.

(j) Use actuarial services for reviewing and fixing rates, for determining reserves and for other legitimate purposes in the fulfillment of the obligations imposed by this chapter or by the Board of Directors of the Corporation.

(k) Authorize, carry out and supervise all disbursements that should be drawn against the State Insurance Fund Corporation pursuant to this chapter and the regulations, and to the by-laws adopted thereof.

(l) Acquire all the materials, supplies, equipment, parts or services that may be necessary or convenient for the operation of the Agency, subject to the applicable regulations and to Act No. 42 of August 5, 1989, known as “Preference Procurement Policy Act of the Government of Puerto Rico.”

(m) Give prompt attention to the determinations and recommendations of the Medical-Industrial Council, created by virtue of § 1c of this title, in accordance to what is thereby provided.

(n) Request, accept and use external funds, with the approval of the Board of Directors, in order to carry out programs, works or services approved in this chapter.

(o) Establish friendly work relations with other government agencies, hospital boards, and other organizations, including those related to occupational accident and illness prevention and the physical and vocational rehabilitation of disabled persons, including the Puerto Rico Assistive Technology Program, created under §§ 831 et seq. of Title 8.

(p) Make available the facilities of the Corporation, subject to cost reimbursement, for the treatment of any kind of injury or illness suffered by any member of the community, by means of contracts with the Department of Health, the Vocational Rehabilitation Office of the Department of Social Services or any other public agency or private institution that may wish to use the services provided by the Corporation. However, no contracts may be awarded if, by doing so, the services which the Corporation must render primarily to the employees under this chapter are adversely affected. The Administrator shall also offer the facilities of the Corporation in emergency situations, subject to the aforesaid conditions, in accordance with the rules adopted to such effects by the Board of Directors.

(q) Serve summons and compel the appearance of witnesses and the presentation of documents, through the officials, agents or agencies designated by him/her, and to issue certifications regarding those official acts assigned to the Corporation through this chapter or delegated or entrusted by the Board of Directors.

History —Apr. 18, 1935, No. 45, p. 250, added as § 1B-4 on Oct. 29, 1992, No. 83; Aug. 5, 2004, No. 198, § 1; Dec. 29, 2009, No. 206, § 1, eff. 60 days after Dec. 29, 2009.