P.R. Laws tit. 24, § 342g

2019-02-20 00:00:00+00
§ 342g. Powers and duties

The Administration shall have all the powers necessary and convenient to carry out and achieve the purposes of this [chapter], including all those described in § 342c of this title, and without it being construed as a limitation, the powers described below:

(a) To sue and be sued.

(b) To draw up, adopt, amend and repeal the rules and regulations required for its operation.

(c) To establish its own administrative, personnel, budgetary, purchasing and accounting structures and any other administrative systems needed for the efficient and economical operation of the centralized services, in coordination with the Central Personnel Administration Office, the Department of the Treasury, the Office of Management and Budget and the General Services Administration.

(d) To borrow money from any financing source, including private institutions as well as from the Government of the Commonwealth of Puerto Rico and the Government of the United States or from any of its agencies or instrumentalities, for the payment of its debts, to carry out the responsibilities and powers provided by this chapter and to carry out construction projects, improvements and for its functioning and operation or for any other matter deemed convenient to serve the best interest of the Administration and the People of Puerto Rico. It shall guarantee the payment of its debts from the revenues generated from its operations. Provided, That the Administration’s debts and other obligations shall not constitute debts or obligations of the Commonwealth of Puerto Rico.

(e) To negotiate and execute all kinds of contracts, documents and other public instruments with persons, firms, corporations, government agencies and other entities to achieve the purposes of this section, including the sale of services to private persons or entities, commercial insurance companies, labor unions, public as well as private prepaid health plans and societies with health plans, for the health services rendered.

(f) To offer and to collect payment for the health services rendered from solvent persons, commercial insurance companies, labor unions, public and private prepaid health plans and associations with health plans.

(g) To use recovered funds to pay its first-priority debts and to maintain, improve and extend its services.

(h) To appoint, contract and designate medical personnel to provide direct treatment to patients through centralized auxiliary medical services and through any medical services that the Secretary of Health may require from the Administration, for an emergency or as needed.

(i) The Administration shall appoint the heads of the centralized auxiliary medical services.

(j) To purchase for itself or for the consumer institutions all the materials, supplies, equipment, spare parts and services which are necessary, and to dispose of such materials, supplies, equipment and parts through sale, transfer or conveyance to other entities, or by destruction or any other manner the Administration may deem most convenient, in coordination with the General Services Administration, after they no longer serve their purpose.

(k) To enter into agreements and compacts with consumer institutions and other bodies of the Government of the Commonwealth of Puerto Rico and its political subdivisions, which will lead to an efficient and effective operation of the services to be rendered by the Administration for the purposes set forth in chapter. Consumer institutions and other bodies of the Government of the Commonwealth of Puerto Rico, as well as its political subdivisions, are also authorized to enter into agreements and compacts with the Administration to accomplish the purposes of this chapter.

(l) To fix and receive rates and rentals for the use of its facilities and to enforce and draw up regulations that guarantee maximum use of any of its structures and facilities.

(m) To receive, accept and administer donations of money, subsidies and real and personal property from natural or juridical persons, as well as execute contracts or agreements with any federal agency, entity or political subdivision of the Commonwealth of Puerto Rico for any purpose that promotes or advances the goals of the Administration.

(n) To request, receive and accept funds, commonwealth, federal, or any other sort of donations, and aid for the development of health care and protection projects, for their administration and operation, and to carry out the purposes of this chapter.

(o) To contract professional and consulting services in all phases of management, planning, construction and operation of the Administration.

(p) To contract for the drawing up of plans, projects and cost budgets for the construction, reconstruction, improvement, expansion or repair of any of its facilities.

(q) To perform by itself or to contract for the construction, improvement, expansion, extension or repair work the Administration shall need to house any of its facilities.

(r) To participate with other public and private entities in a corporation, partnership, joint enterprise or association, in any transaction, business, arrangement or agreement for [sic] which the participating corporation is empowered to carry out by itself.

History —June 22, 1978, No. 66, p. 203, § 8; July 9, 1985, No. 99, p. 321, § 8; July 21, 2006, No. 132, § 2.