Tema 19 - Administrativos - SAS - Servicio Andaluz de Salud - Volumen 1

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Understanding Public Administration Responsibility

Overview of Administrative Responsibility

• Introduction to the topic of administrative responsibility within the Andalusian Health Service, specifically focusing on regulatory norms and procedural initiation.

Key Concepts in Liability

• Definition of patrimonial responsibility: individuals' right to compensation from public administrations for damages suffered in their rights or property.

• Exemptions from liability include cases of force majeure, provided that damage arises from normal functioning of public services.

Conditions for Compensation Claims

Requirements for Indemnification

• Five essential conditions must be met for a claim:

• Existence of effective damage that is economically evaluable and identifiable with specific individuals or groups.

• The damage must not be legally obligatory for the individual to endure according to law.

• The damaging activity must be attributable to the administration involved, linking it directly to public service operations.

• A causal relationship between administrative action and resulting damage is necessary; damage should stem exclusively from normal service operation.

• Claims must be filed within one year, which is a prescriptive period rather than a condition of liability itself.

Legal Framework Governing Administrative Responsibility

Constitutional Regulations

• Article 9.3 establishes principles such as legality, normative hierarchy, legal security, and prohibition against arbitrary power by public authorities as foundational elements in administrative responsibility law.

• Article 106.2 grants individuals the right to compensation for damages caused by public services unless exempted by force majeure circumstances.

Legislative Framework (LERJHOTASP)

• Article 32 outlines that individuals are entitled to compensation under similar conditions as stated in constitutional articles but clarifies that annulment does not automatically grant indemnity rights without further evaluation of claims made against administrative actions or regulations.

• Individuals may also seek compensation due to non-expropriatory legislative acts causing harm when specified within those acts themselves.

State Liability Under Specific Conditions

Circumstances Leading to State Liability

• State liability can arise if damages result from applying unconstitutional laws or those contrary to EU law when certain criteria are met.

• Compensation claims are valid if an individual has previously contested an administrative act leading up to the harm caused by these laws.

Administrative Responsibility and Compensation in EU Law

Key Concepts of Administrative Responsibility

• The administrative action that caused damage must allege a violation of European Union law, which has been subsequently declared. All specified requirements must be met for claims to be valid.

• A direct causal relationship is necessary between the breach of obligation imposed on the responsible administration by EU law and the damage suffered by individuals.

• A ruling declaring the unconstitutionality of a norm will take effect from its publication date in the official state bulletin or the Official Journal of the European Union unless stated otherwise.

Indemnification Procedures

• The Council of Ministers will determine compensation amounts when the Constitutional Court declares an abnormal functioning in processing appeals or constitutional questions at a party's request.

• The Ministry of Justice will handle procedures for setting indemnity amounts, with input from the Council of State.

Liability Among Public Administrations

• Article 33 outlines concurrent liability among public administrations; if joint actions lead to responsibility as per this law, involved administrations are liable to individuals jointly.

• Legal instruments governing joint actions may specify how responsibility is distributed among different public administrations.

Determining Responsibility Criteria

• In cases where multiple administrations contribute to damage, each administration's liability will be assessed based on competence, public interest protected, and intervention intensity. Solidarity applies when determination isn't possible.

• For matters concerning patrimonial responsibility, competent administration must consult other implicated administrations within 15 days for their input before proceeding.

Conditions for Indemnification

• Only injuries resulting from damages that individuals are not legally obliged to bear are compensable. Damages arising from unavoidable circumstances according to contemporary scientific knowledge are not indemnifiable.

• Compensation is applicable for damages incurred within five years prior to a ruling declaring a norm unconstitutional or contrary to EU law unless stated otherwise in the ruling.

Calculation and Payment of Indemnities

• Indemnity calculations follow criteria established in tax legislation and expropriation laws while considering prevailing market valuations.

• Compensation amounts reference the date injuries occurred but can be updated based on competitiveness indices until resolution completion, including interest due for delayed payments as per budgetary laws.

Responsibility of Public Administrations

Legal Framework for Public Administration Responsibility

• Public administrations are liable for actions taken directly or through private entities, as outlined in Articles 32 and following.

• Individuals can claim compensation from the relevant public administration for damages caused by its authorities and personnel, according to Article 36 of the LRJSP.

• The administration may seek reimbursement from its personnel if they acted with intent or gross negligence after a proper investigation.

• Procedures for claiming responsibility must adhere to the common administrative procedure law, initiated by a competent authority's agreement.

Procedural Steps in Liability Claims

• The notification of initiation will include specific steps:

• A period for allegations (15 days)

• Evidence collection (15 days)

• Hearing phase (10 days)

• Proposal resolution (5 days post-hearing)

• Final resolution by the competent authority (5 days).

Criminal Responsibility and Its Implications

• Criminal liability of public service personnel is governed by relevant legislation; it does not halt procedures recognizing patrimonial responsibility unless necessary facts are established in criminal proceedings.

• The process for establishing patrimonial responsibility has unique aspects compared to general procedures defined in Articles 65, 67, and others of the LPA CAP.

Special Considerations in Liability Procedures

• When initiating a patrimonial responsibility procedure ex officio, it is essential that the right to claim has not expired as per Article 67.

• Notification of initiation must be sent to selected individuals, allowing them ten days to submit evidence or arguments pertinent to their rights.

Initiation Requests and Time Limits

• Interested parties can only request initiation when their right to claim has not expired; claims expire one year after the damaging act occurs.

• For physical or psychological damage claims, time limits start upon recovery or determination of lasting effects.

Procedures for Liability Claims in Public Administration

Overview of Liability Procedures

• The claimant must utilize the means available to them as outlined in Article 81 of the LP ACAP regarding liability claims.

• In cases where compensation claims are equal to or exceed €50,000, a report from the Council of State is mandatory, following specific legislative guidelines.

• The report must determine if there is a causal relationship between public service operation and the injury incurred, including damage assessment and compensation details.

Reporting Requirements

• For claims related to abnormal functioning of justice administration, an obligatory report from the General Council of the Judiciary must be obtained within two months.

• Upon receiving necessary reports or completing audience procedures, competent authorities will either resolve or propose agreements for formalization.

Resolution Process

• If a conventional termination proposal is deemed inappropriate, authorities will resolve according to subsequent provisions.

• Resolutions must address whether there exists a causal link between public service operations and injuries sustained, along with damage valuation.

Timelines and Competence

• If no resolution is reached within six months from initiation without notification or agreement formalization, it can be inferred that the resolution opposes compensation.

• In state administration contexts, liability procedures are resolved by respective ministers or the Council of Ministers as per Article 32.3.

Special Considerations in Local Administration

• Autonomous communities and local entities handle their own liability procedures through designated organs based on applicable laws.

• Simplified procedures may commence if causality between public service operation and injury is unequivocal during administrative proceedings.

Specific Roles in Health Services

• According to Article 69.1 of Andalusian health law (1998), responsibility for resolving liability claims lies with the director-manager of Andalusian Health Service.

Service andaluz de salud: Procedimiento de responsabilidad patrimonial

Overview of Claims Related to Health Services

• The Andalusian Health Service is responsible for managing claims related to the loss or deterioration of prosthetics or orthotics, as well as personal belongings affected by the normal operation of health services.

• Claims must pertain exclusively to material damages and cannot include physical or psychological harm resulting from the functioning of healthcare centers.

Legal Framework and Modifications

• The procedure for liability claims within the Andalusian Health Service was established by resolution 2804 on April 8, 2005, which outlines specific instructions for handling such claims.

• This resolution has been amended through subsequent resolutions (648.05 on June 29 and another on January 20, 2022), ensuring compliance with current regulations.

Claim Submission Process

• A claim is considered valid if it expresses a request for compensation due to damages caused by services provided by public or contracted health institutions under the Andalusian Health Service.

• Claims made by staff regarding damage to their rights or property due to their employment relationship are excluded from this process and will follow different procedures.

Instructional Bodies and Initial Actions

• The head of the insurance and risk service is designated as the instructor for liability claims, except those concerning specific areas like prosthetics or personal belongings.

• Claims can be initiated by individuals through written requests submitted at health service centers; these requests will be processed according to established protocols.

Documentation Requirements

• If a claim is received at a center unrelated to the incident, it will be forwarded to the appropriate instructional body within five business days.

• Required documentation includes original copies of claims, clinical history excerpts relevant to the case, and reports from involved units analyzing each allegation made in the claim.

Timelines for Processing Claims

• Reports must address all aspects raised in a claim within ten business days following its submission, ensuring timely responses are provided.

• For higher-value claims exceeding €60,100.21 that require advisory opinions from Andalucía's Consultative Council, additional time may be needed—up to 25 business days—for report preparation due to complexity.

Procedural Guidelines for Indemnity Claims in Healthcare

Timelines for Indemnity Claims

• The timeline for claims requiring a report from the Consultative Council of Andalucía is set at 35 business days, while other cases are limited to 15 business days.

Hemovigilance System and Reporting

• In cases of damage due to transfusion of infected blood products, the hospital management must request data from the designated hemovigilance officer as per resolution 683-03 dated August 11. This includes details on the origin and prior analyses of blood products.

Documentation Requirements

• For primary care districts, directors must collect specific documentation including:

• Original or certified copy of the claim.

• Two numbered copies.

• Clinical documentation related to the claim.

• A report analyzing the basis of the indemnity claim within a maximum period of 25 business days.

Initiation Procedures

• If a potential damage event is identified, healthcare area directors can propose initiating an indemnity procedure to the management direction. If approved, communication will be sent to involved centers by the economic management director.

Risk Management Actions

Procedural Guidelines for Health Service Responsibility

Overview of the Procedure

• The report must be issued within 10 days in cases where the requirements for declaring responsibility of the Andalusian health service are met.

• The instructor can propose a conventional termination of the procedure with an indemnity agreement before the hearing process.

Hearing and Resolution Proposal

• Following the instruction of the procedure, a hearing will be conducted to present findings to the interested party as per Article 11 of Law 429 from March 26, 1993.

• After receiving allegations or upon expiration of the deadline without submissions, a resolution proposal will be made and forwarded to relevant management bodies.

Notification and Communication

• Once a resolution is dictated by the competent body, it will be notified to interested parties according to Law 30 from 1992. Copies will also be sent to various administrative centers for awareness and action.

• Specific measures regarding liability derived from serious misconduct or negligence will be communicated to relevant authorities as outlined in Chapter XI of Title X of Law 30 from 1992.

Indemnification Process

• Payments resulting from resolutions that create economic obligations will come from respective center budgets once all procedural steps are confirmed as complete by financial management.

Implementation and Transitional Provisions

• This resolution takes effect immediately after approval, nullifying previous instructions that conflict with its provisions.

• Ongoing procedures at the time this resolution is enacted will continue under existing timelines set forth by this new directive.

Legislative References