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THE
HEALTH MANAGEMENT THE LOCAL HEALTH CORPORATION'S GENERAL DIRECTOR 1.
The 1978 Reformation Act Strictly related to the National Health Systems
privatisation and profit-management is the evolution that, from the
early nineteenth, featured the Local Health Corporations top management
assignments that formerly were directly managed by political kind bodies
(act n. 833 on December 23rd 1978).
Indeed,
notwithstanding the little autonomy Local Helath Corporations enjoyed
in direct hiring, and specially in determining the Managing Committee
President liability functions, they were formally municipalities' institutions,
so strictly bond to political powers. By the 111/1991 act, bearing the
"Norms concerning Local Health Corporation temporary management" it
was put in act the transition to a new system, by setting out a new
institutional establishment system for them: in other to limit the role
of policy, the Managing Committee was replaced by the Controllers Committee
that sided the managing activity in fact removed from the local bodies
and entrusted to an Extraordinary Administrator.
It's the advance of the managerial approach, by the means of the institution
of a monocratic body and it started off definitively by the establishment
of the figure of the General Director prospected by the legislative
decree 502/1992.
(1)
2. The reformation act - b By the means of the 1992 reformation to the
General Director it is attributed very wide representative and management
powers, the more that none political kind organ partners it. To assist
the action of the General Director there are the figures of the Administrative
Manager and the Health manager, the Council of the Health Operators,
the Auditor (or Conference of the auditors).
From
this brief review it's evident that, the reply to the requirement of
an efficacious management, the new law mainly oriented toward reduction
and monocracy of bodies. (3) 2.1
The General Director: tasks, nomination criteria, replacement and personal
skills Provided the wideness of the tasks, the new managing figure must
be first an expert of Corporation management. To the Director-manager
it belongs the task to start off the Health System to achieve those
principles of self-organization, liability, transparency, flexibility,
quality, efficiency and effectiveness featuring corporations. (5) According
to the Corporation principles, the General Director and his collaborators
employment contract (Administrative Director and Health Director) is
ruled by private law, it endures 5 years and it's renewable save beyond
70 years old. The General Director nomination is the Regional Council
President's responsibility: Every candidate must submit a petition where
it must result he owns the following requirements: - University degree;
At least 5 years documented managing expertise, achieved in activities
of technical and administration direction in private or public bodies.
The
General Director may devolve authority on the Administrative Director
or Health Director in case of absence; lacking the devolution of authority,
the managing functions are hold by the eldest (even if in the new management
superiority is not admitted). If absence endures more than 6 months,
in order to ensure the managing continuity and the good running of the
enterprise, it is provided for the replacement of the General Director
in the following cases: - Standing serious reasons; - Standing management
shows a serious deficit; - If laws, good running principles and administration's
impartiality are infringed. If Regions, once released from a contract,
don't provide for a new nomination, the Council of Ministers provide
for it, on submission by the Ministry of Health. The designation of
the General Director rendered explicit the need to split the Local Health
Corporation management from the local bodies' political power. That's
why it is forbidden to the General Director to be elected as a member
of Town Councils, Provinces, Region councils or Parliament, save the
case when his functions end 180 days at least before the expiring date
of the period of activity foreseen for these bodies. Further he may
not be elected within the constituencies where there is the Local Health
Corporation territory, managed by him, if he has not ceased his activity
six months before his candidacy.
The
General Director cannot keep economic or counselling kind terms neither
with the Local Health Corporation where he holds his charge nor with
competitive structure. Further, the General Director charge conflicts
with the employment contract, even under the regime of leave without
pay, with the Local Health Corporation where he must practice his functions.
Art.
3 p. 11 finally lists the subjective incompetence for which it is not
possible to access the managing charges.
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