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Puerto Rico Department of Health to Adopt Hospital Regulation

An McV Health Care Practice Team Alert

August 20, 2019

On August 16, 2019 the Puerto Rico Department of Health issued a public notice to notify the general public of its intent to repeal (i) Regulation No. 117, which regulates the licensing, operation and maintenance of hospitals in Puerto Rico, (ii) Regulation No. 8808, which was enacted in 2016 for the purpose of regulating hospitals but its effectiveness was placed on a moratorium on February 13, 2017, and (iii) the provisions related to hospitals contained in Regulation No. 99, which regulates other healthcare facilities.

The repealed regulations would be replaced by a proposed regulation to be adopted by the Puerto Rico Department of Health. A copy of the proposed regulation is available at the Puerto Rico Department of Health website.

The current draft of the proposed regulation will require hospitals to design and develop a comprehensive emergency plan to guarantee and secure the operation of the facilities during catastrophic events. Such plan would need to be revised on an annual basis and is to be submitted to the Department of Health at least 72 hours prior to an adverse climatological event. The proposed regulation also includes new rules relating to human resources and hiring practices, the use and safeguard of patient’s records, hospital laundry services and hyperbaric services in hospitals.

Public hearings on the proposed regulation are scheduled to take place on September 19, 2019 and September 20, 2019 from 9:00am to 12:00pm at the Department of Health building located in Rio Piedras, Puerto Rico.

The thirty (30) day period to submit written comments or suggestions expires on September 15, 2019. Comments may be filed at the Office of the Assistant Secretary for the Regulation and Accreditation of Healthcare Facilities, to the mailing address 1090 Marginal Ruiz Soler, Bayamón, Puerto Rico 00961-7329; or at veronica.nunez@salud.pr.gov, david.gonzalez@salud.pr.gov and/or myriam.diaz@salud.pr.gov.

The content of this McV Alert has been prepared for information purposes only. It is not intended as, and does not constitute, either legal advice or solicitation of any prospective client. An attorney-client relationship with McConnell Valdés LLC cannot be formed by reading or responding to this McV Alert. Such a relationship may be formed only by express agreement with McConnell Valdés LLC.

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