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Amendment to Hospital Trust Fund and Exemption to Government Procurement, RPPL 7-45 2008

AN ACT

To amend Section 332 of Title 34 of the Palau National Code, as amended, to authorize use of the Hospital Trust Fund for purchase of medical equipment and parts, services of specialty clinics, maintenance contracts, and other components of hospital operations at the discretion of the Minister of Health; to authorize use of the Hospital Trust Fund, which shall be exempt from the requirements of 40 PNC Chapter 6, for unavoidable emergencies as certified by the Minister of Health; and for other related purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Amendment. 34 PNC as amended by RPPL 5-6 is hereby amended to read as follows:

"§ 332. Hospital Trust Fund.

(a) The Minister of Administration shall create within the National Treasury a special fund to be identified as "The Hospital Trust Fund" which shall be segregated from other funds of the National Government and into which shall be deposited in separate accounts all revenues collected by the Hospital, Dental Clinic, and Public Health/Community Center, including pharmaceutical sales and collection of accounts receivable for same. All monies received pursuant to this section shall be used at the direction of the Minister of Health exclusively for the following purposes:

(1) purchase of medical and pharmaceutical supplies;

(2) purchase of medical equipment and parts, services of specialty clinics, maintenance contracts, and other components of hospital operations at the discretion of the Minister of Health; and

(3) for unavoidable emergencies certified by the Minister of Health. When the Minister of Health certifies an unavoidable emergency, the use of funds shall be exempt from the requirements of 40 PNC Chapter 6.

The Minister shall maintain records of collections from medical referral patients and shall apply all such income to future medical referrals and shall also maintain records and report to the Olbiil Era Kelulau the use of the Trust fund on a quarterly basis.

. . . ."

Section 2. Effective Date. This Act shall take effect upon its approval by the President, or upon its becoming law without such approval, except as otherwise provided by law.

PASSED: May 13, 2008

Approved this 21st day of May , 2008.

/s/_______________
Tommy E. Remengesau, Jr.
President
Republic of Palau