Claims and suggestions in the health sector

HOW DO I QUALIFY?

• Submit in writing.
• In relation to claims: Identify the health centre and/or service that is the object of the claim, indicating the reason for your claim regarding defects in operation, structure, resources, organisation, treatment, assistance, or other similar issues.
• In the case of suggestions: proposals should be collected that aim to promote the improvement of the degree of compliance and observance of the rights and duties of users, the operation, organisation and structure of the centres, services or establishments, the care and attention given to users and, in general, any other measure that entails an improvement in quality or greater satisfaction of people in their relations with the centres, services or establishments.

What documents do I need?

• The claims and suggestions forms provided in the health centres, or in a non-standardised model, may be used.
• You can also use the "Claims and suggestions in the health sector" form that appears on the health portal of the Junta de Castilla y León. In this case, by selecting the fields for type of centre (public or private), type of activity (health centre, local surgery, hospital, speciality centre, Castile and Leon health emergencies or other), province and name of the health centre that is the object of the claim or suggestion, the form will automatically be received by the body responsible for processing it.

WHAT TIME DO I HAVE TO ASK?

Open and permanent.

DEADLINE FOR RESOLUTION::

The period for notifying users of the response to claims and suggestions shall not exceed thirty calendar days from the day following the day on which they are received at the centre, service or establishment to which they refer.

According to art. 13.3 of Decree 40/2003, of 3 April, relating to the User Information Guides and the procedures for claims and suggestions in the healthcare field, the following shall be responsible for responding to claims and suggestions, when they refer to their area of competence.

• a) Primary Care Management: referring to health centres and local clinics.
• b) The Specialised Care Management, referring to hospital care and speciality centres.
• c) The Area Health Management, when they refer to the continuity of care between levels, affect both levels jointly or have as their object activities agreed with private centres, services or establishments.
• d) The Health Emergencies Department, when they refer to its area of competence.
• e) The Directorate General for Planning and Health Care, when they refer to the special programmes entrusted to them and to the haemotherapy and haemodonation and sports medicine centres and services.
• f) The highest single-person body responsible for the management of the centre, service or establishment, when they refer to those owned by Local Corporations.
• When the claims refer to private health centres, services or establishments, the processing and reply shall correspond to the unit or person responsible.

If no reply is received to the claim or suggestion within this period, or if the reply received is not considered satisfactory, the claim or suggestion may be reproduced:

• Before the corresponding Area Health Management in the case of Primary Care and Specialised Care centres.
• Before the Regional Managing Director of Health, if the claim refers to the area of competence of the Area Health Management, the Health Emergencies Management, the General Directorate of Planning and Health Care.
• In the case of private health centres: the Territorial Service of Health and Social Welfare corresponding to the province where the health centre is located.

APPLICABLE LEGISLATION:

• Law 8/2003, of 8 April, on the rights and duties of persons in relation to health (art. 26) (BOCyL 14-04-2003).
• Decree 40/2003, of 3 April, on user information guides and procedures for claims and suggestions in the health sector (BOCyL 08-04-2003).
• Order SAN/279/2005, of 5 April, which develops the procedure for processing claims and suggestions in the health sector and regulates the management and analysis of the information derived from them (BOCyL 14-04-2005).

Organisation:

Organisation responsible

• Consejería de Sanidad
• Gerencia Regional de Salud (SACyL)