BUSAN METROPOLITAN CITY ORDINANCE ON THE ESTABLISHMENT AND OPERATION OF GERIATRIC HOSPITAL
Ordinance No. 3903, Jan. 29, 2004
Amended by Ordinance No. 3984, Feb. 16, 2005
Ordinance No. 4042, Nov. 16, 2005
- Article 1 (Purpose)
- The purpose of this Ordinance is to provide for matters necessary for the establishment and operation of a Busan Metropolitan Geriatric Hospital (hereinafter referred to as the "Hospital") to provide dementia patients and elderly patients with medical and convalescent care in accordance with Articles 34 and 35 of the Welfare of the Aged Act and Article 30 (2) of the Medical Service Act. [Amended by Ordinance No. 3984, Feb. 16, 2005]
- Article 2 (Name and Location)
- The name and location of the Hospital shall be as follows: [Amended by Ordinance No. 4042, Nov. 16, 2005]
Name Location Remarks First Busan Geriatric Hospital 774-26 Mandeok-dong, Buk-gu, Busan, Republic of Korea Second Busan Geriatric Hospital 1330 Geoje-dong, Yeonje-gu, Busan, Republic of Korea
- Article 3 (Duties)
- The Hospital shall perform the following duties:
- 1. Providing dementia outpatients and inpatients and elderly outpatients and inpatients with medical and convalescent care;
- 2. Providing dementia patients and elderly patients with nursing care in their homes and follow-up;
- 3. Conducting clinical and dynamic investigation and research on dementia and geriatric diseases;
- 4. Rendering assistance for and advisory opinions concerning dementia management programs in the regional community;
- 5. Conducting education and enlightening projects related to dementia; and
- 6. Other duties related to medical and convalescent care of dementia patients and elderly patients.
- Article 4 (Medical Fees)(1) In operating the Hospital, the medical fees shall conform to the standards established by the Minister of Health and Welfare under the National Health Insurance Act and the Medical Care Assistance Act. [Amended by Ordinance No. 3984, Feb. 16, 2005]
- (2) The medical fees which are not subject to the standards referred to in paragraph (1) of this Article may, with the approval of the Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor"), be otherwise established by any person to whom the operation of the Hospital is entrusted under Article 6 (hereinafter referred to as the "entrusted person").
- Article 5 (Admission to and Discharge from Hospital)(1) A dementia patient who may be admitted to the Hospital shall be a person whose case is diagnosed as dementia by a medical institution, etc. and whose ordinary activity self-reliance level provided in the attached Table is pronounced to be Group , or by a medical specialist of the Hospital.
- (2) An elderly patient who may be admitted to the Hospital shall be a senior citizen of not less than sixty-five years of age whose case is diagnosed as paralysis or apoplexy by a medical institution, etc.
- (3) The physician in charge of an inpatient shall decide whether or not to discharge the inpatient from the Hospital after reviewing the condition, etc. of the inpatient comprehensively.
- Article 6 (Entrustment of Management and Operation)(1) The Mayor may, if deemed necessary for the efficient management and operation of the Hospital, entrust such management and operation to a person who falls under any of the following subparagraphs: [Amended by Ordinance No. 4042, Nov. 16, 2005]
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- 1. A person who operates a medical institution of hospital grade, convalescent hospital grade or higher, being a medical corporation;
- 2. A person who operates a general hospital; or
- 3. A medical specialist in neurology or psychiatry (limited to a person whose term of service in a medical institution of hospital grade or higher is five years or more).
- (2) A person to whom the management and operation of the Hospital is entrusted under paragraph (1) shall establish the management regulations necessary for such management and operation, which shall be subject to the approval of the Mayor, and the same shall apply to amendments to those management regulations.
- (3) The management regulations referred to in paragraph (2) shall include all the matters necessary for the management and operation of the Hospital, such as the organization, the prescribed number of personnel, the service system and the countermeasures against emergency disasters (fire, etc.) for the performance of entrusted affairs, and the entrusted person shall manage and operate the Hospital in accordance with the said management regulations.
- Article 7 (Entrustment Period)
- The period for the entrustment under Article 6 shall be three years, and such entrustment may thereafter be extended for a subsequent period of three years or less.
- Article 8 (Obligations of Entrusted Person)(1) The entrusted person shall comply with relevant Acts and subordinate statutes, do his/her best to provide patients with medical care as well as to protect their human rights and make active efforts to improve the quality of medical care as well as to create comfortable circumstances.
- (2) The entrusted person shall neither use the Hospital for any purpose other than those of its establishment nor make any alteration to its facilities without the approval of the Mayor.
- (3) The entrusted person shall, bona fide, manage the Hospital and shall, if he/she damages or destroys its facilities, pay compensation for such damage or destruction: Provided, That this shall not apply in case of force majeure, such as natural disasters.
- (4) The entrusted person shall neither transfer nor sublease any right related to or arising from the management and operation of the Hospital to other persons without the approval of the Mayor.
- Article 9 (Management of Accounts) (1) The entrusted person shall operate the Hospital on a self-supporting basis: Provided, That the Mayor may, when deemed unavoidable, provide part of the expenses for such operation, medical equipment, etc., to such an extent as the relevant budget permits.
- (2) The entrusted person shall, at least three months prior to the beginning of each accounting year, prepare the draft budget and the service plans for the management and operation of the Hospital, which shall be subject to the approval of the Mayor, and shall, not later than three months after the end of each accounting year, submit the reports on the operation performance and settlement of accounts to the Mayor.
- Article 10 (Guidance and Supervision) (1) The Mayor may guide the entrusted person in the management and operation of the Hospital and supervise such management and operation, have the entrusted person make a necessary report on entrusted affairs or order him/her to take other necessary measures, and have a relevant public official investigate or inspect the status of such management and operation and the books, etc. on a regular basis or whenever necessary.
- (2) If the Mayor deems that there are matters which shall be corrected, after receipt of a report or the results of investigation or inspection under paragraph (1), he/she shall order the entrusted person to take measures necessary for such correction.
- Article 11 (Termination of Agreement on Entrustment) (1) In any case falling under any of the following subparagraphs, the Mayor may terminate the agreement on entrustment of operation of the Hospital:
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- 1. In a case where the entrusted person commits a breach of the said agreement on entrustment;
- 2. In a case where the entrusted person no longer possesses his/her qualification referred to in Article 6 (1) or violates Article 8;
- 3. In a case where the entrusted person is considerably neglectful of the management and operation of the Hospital or is deemed unable to operate the Hospital; or
- 4. In other cases where there is any reason that the said agreement on entrustment cannot remain effective in connection with the public interest.
- (2) If the Mayor intends to terminate the agreement on entrustment under paragraph (1), he/she shall, in writing, notify the entrusted person of reasons for and the date of such termination at least thirty days prior to that date.
- (3) If the Mayor intends to terminate the agreement on entrustment under paragraph (1) 1 through 3, the Mayor shall, in advance, have the entrusted person present his/her opinions.
- Article 12 (Provisions Applicable Mutatis Mutandis
- Relevant provisions of the Decree on Delegation and Entrustment of Administrative Authority and the Busan Metropolitan City Ordinance on the Management of Public Property shall apply mutatis mutandis to those matters necessary for the management, operation, etc. of the Hospital which are not provided for by this Ordinance. [Amended by Ordinance No. 3984, Feb. 16, 2005]
- ADDENDUM
- This Ordinance shall enter into force one month after the date of its promulgation
- ADDENDUM [Ordinance No. 3984, Feb. 16, 2005]
- This Ordinance shall enter into force on the date of its promulgation.
- ADDENDUM [Ordinance No. 4042, Nov. 16, 2005]
- This Ordinance shall enter into force one month after the date of its promulgation.
