P.R. Laws tit. 3, § 1985
The Advocate shall be responsible for the organization and operation of the Office, for which the following powers and duties are conferred:
(a) Determine the internal organization of the Office and establish the systems needed for its proper functioning and operation, and engage in the administrative and managerial actions necessary to implement this chapter, any other local or federal laws, and the regulations adopted by virtue thereof.
(b) Appoint the personnel needed to carry out the purposes of this chapter. Said personnel, to be included in the Merit System, may avail itself of the benefits of the Public Employees Retirement System. For such purposes, it is hereby provided that the Office of the Advocate shall be covered by Act No. 5 of October 14, 1975, known as the “Puerto Rico Public Service Personnel Act”. The Office may contract the technical and professional services deemed necessary to carry out the purposes of this chapter, subject to the standards and regulations of the Department of the Treasury and obtain the transfer or cession of personnel employed by other government dependencies. The Government Procurement Act, administered by the General Services Administration (GSA), the Central Accounting Act, administered by the Department of the Treasury, §§ 283a—283p of this title, and the Office of Management and Budget Act, §§ 101 et seq. of Title 23, shall also apply to the Office for the purpose of submitting the annual operating expenses budget.
(c) Delegate on any official he designates any of the functions, duties and responsibilities conferred to him by this chapter or by any other law under his administration or jurisdiction, except the power to appoint or dismiss personnel. The approval of regulations may not be delegated.
(d) Acquire the materials, supplies, equipment and property necessary for the operation of the Office and for carrying out the purposes of this chapter, subject to the applicable provisions.
(e) Prepare and administer the budget of the Office and the funds that by virtue of any local or federal laws or from any other source that are appropriated to the Office or which the latter is entrusted to administer. The Advocate shall establish an accounting system based on the provisions of law that regulate the accounting, administration and disbursement of public funds.
(f) Render, not later than January 31 of each year, to the Governor of the Commonwealth of Puerto Rico and to the Legislature, a complete and detailed report on the activities of the Office, its achievements, programs, affairs handled, complaints submitted and processed, funds allocated from different sources or administered by the Office during the year corresponding to said report, disbursements made and remainders, if any. Said report shall also be rendered before December 31 of the year in which general elections are held on the Commonwealth.
(g) Process the complaints submitted by patients, their parents or guardians regarding those private entities and public agencies that are providers and that render health services, as well as against insuring entities to which the premium corresponding to said patient has been paid. The Advocate shall refer those complaints involving physicians in the practice of their profession to the Medical Board of Examiners.
(h) Request reports on grievances and complaints from the insurers as well as from the Health Insurance Administration to identify possible trends which violate the rights of patients.
(i) Hold administrative hearings and onsite inspections in accordance with the Commonwealth of Puerto Rico Uniform Administrative Procedures Act, §§ 2101 et seq. of this title. The hearings before the Advocate shall be public, but may be held in private when justified for reasons of public interest.
(j) Take oaths and statements personally or through his authorized representatives.
(k) Inspect the physical facilities of public agencies or private entities and insuring entities subject to the provisions of this chapter and other laws under the administration and jurisdiction of the Office, pertinent to any investigation or complaint before the Advocate’s consideration. The information obtained in the course of the investigation shall be subject to guarantees of confidentiality and constitutional safeguards without impairing the right to privacy of patients and providers, as well as taking into consideration the nature of the medical records and the importance that they be kept confidential and free from any disclosure whatsoever. The health services providers shall not be under the obligation of furnishing documents or information that is privileged pursuant to the provisions of other laws of the Commonwealth of Puerto Rico.
(l) Issue orders for witnesses to appear and offer testimony, require the presentation or reproduction of any papers, books, documents, records or other evidence pertaining to an investigation or complaint before his consideration. The information obtained in the course of an investigation shall be subject to the guarantees of confidentiality and constitutional safeguards without impairing the right to privacy of patients and providers, as well as taking into consideration the nature of the medical records and the importance that they be kept confidential and free from any disclosure whatsoever. The health services providers shall not be under the obligation of furnishing documents or information that is privileged pursuant to the provisions of other laws of the Commonwealth of Puerto Rico. In the case of a medical record, the patient who files the complaint shall procure the availability of said medical record.
(m) File any legal recourse or remedy for and in representation of the beneficiaries of the Commonwealth of Puerto Rico Health Reform whose benefits and protection are contemplated in federal and state laws, against any public agency or private entity and insuring entity to defend, protect and safeguard the interests, rights and prerogatives of these beneficiaries.
(n) Maintain continuous communications, cooperate and interact with the Department of Health, the Health Insurance Administration, the Insurance Commissioner, the Medical Services Administration, and the municipal governments as needed, in order to ensure the proper handling of the complaints under their jurisdiction. In case the complainant is not a beneficiary of the Health Reform, the Advocate shall channel those complaints that fall under the jurisdiction of other entities and oversee their resolution in compliance with the provisions of the Bill of Rights and Responsibilities of the Patient, §§ 3041 et seq. of Title 24, the Constitution of the Commonwealth of Puerto Rico and any other applicable laws.
(o) The duties and obligations of the insurers and the medical-hospital facilities and providers, as these terms are defined in this chapter, as well as the rights of patients, whose noncompliance with or violation thereof, respectively, would be grounds for filing a complaint or conducting an investigation pursuant to the provisions of this chapter, shall be expressly detailed in the regulations the Advocate is directed to approve, pursuant to the provisions of § 1989 of this title.
History —Apr. 11, 2001, No. 11, § 6.