On October 25, 2022, Supreme Decree No. 34, dated 2021, of the Ministry of Health was published, which approves regulations on general clinical conditions and circumstances for certifying emergency or urgency status in adult, newborn and pediatric patients (hereinafter the “Regulations”). This decree replaces the current regulations on the matter, contained in Supreme Decree No. 369, of 1985, of the Ministry of Health, which approves the regulations of the health benefits system, in what is incompatible with what is regulated by the new Regulations.

The main content of the Regulation is as follows:

1. Standardizes the regulation applicable to emergency or urgent care, so that they may enjoy the benefit of direct payment and loans in accordance with the provisions of the legislation in force.

2. For these purposes, the Regulation regulates the requirements and procedures to certify the state of emergency or stabilization of the patient, by a surgeon, according to the clinical conditions established therein. The above with respect to adult patients or newborn and pediatric patients.

3. In addition, the functions of the establishments that have an emergency unit are regulated, as well as those of the surgeon who works in them. The functions of the Isapre are also regulated, if applicable.

Finally, it is established that the regulations contained in the decree in question will enter into force the day after its publication in the Official Gazette, that is to say on October 26, 2022.

If you require additional information on this matter, please contact Andrea Abascal (aabascal@jdf.cl) and/or Anamaría Verdugo (averdugo@jdf.cl).