Member since 2012

Last update January 2013

EPSO Contact person: César Alberto dos Santos Carneiro

1.    COUNTRY/REGION: PORTUGAL

Website of the supervisory organisation: www.ers.pt

Is this website in English or partly in English? Partly in English and “Google Translator” for the whole website.

NAME: ERS – Entidade Reguladora da Saúde (The Portuguese Health Regulation Authority)

 Contactperson(s)

o  Name and function: César Alberto dos Santos Carneiro, advisor to chairman of the board.

Address: Rua S. João de Brito, 621 - L32, 4100-455 Porto, Portugal         

Email: ccarneiro@ers.pt / geral@ers.pt                         

Telephone number 00351222092350       

Mobile phone 00351913098402                

2.    THE STRUCTURE OF THE SUPERVISORY ORGANISATION(s)

O       The Head of the Supervisory Organisation (name and function) Professor Jorge Simões, Chairman of the Board of Directors

O       Size of the Supervisory Organisation:

Number of inspections/supervisions: 1,123 in 2011

Number of full time equivalents of people working: 51 full time employees

Number of hospitals or health institutions under supervision: 14,987 healthcare providers

Supervisory field: regulation of the activity of healthcare providers in Portugal, regarding:

§ the compliance with the legal requirements for health care services and establishments,

§ the protection of health care service users rights, including access and freedom o choice,

§ the legality and transparency in the economic relations between providers, funders and users,

§ fair competition in health care markets.

o   Number of people working in the organisation: 51 full time employees

o   Other relevant information about the Supervisory Organisation in your

country or region

o   Relation with the Department of Health.: Independent public statutory body, with administrative and financial autonomy

o   Web address: www.ers.pt

3.      THE SCOPE OF THE SUPERVISORY ORGANISATION(s)

o   Is there supervision on health care in general? Yes

o   Is there supervision on hospitals? Yes

o   Is there supervision on other health care institutions like nursing homes/

convalescent homes? Yes

o   Is there supervision on the production and the use of medicines? No, by the ERS (another institution is responsible for that area)

o   Is there a supervisory relation with health care professionals? No, not directly. ERS registers and supervises health care providers as legally constituted commercial establishments, whether these are large hospitals or single physician offices. Thus, the direct targets of ERS regulations and sanctions are health care establishments, not their professionals.

If yes, what kind of relation?

4.    METHODS OF INSPECTATION OR SUPERVISION

o   What methods of inspection or supervision are used in your country/region? General supervision by the use of performance indicators and general supervision visits; Thematic supervision at a sample of the institutions; Incident supervision in the case of calamities. All three methods are used by ERS.

o   Other information about the methods of inspection in your country /region

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5.    WHAT IS THE COMPETENCE OF THE SUPERVISORY ORGANISATION IN YOUR COUNTRY?

o   Is the supervisory organisation entitled to use compulsory measures

(sanction/repression/enforcement)? Yes

o   Is the supervisory organisation entitled to take precautions and implement measures to prevent accidents or incidents? Yes

o   Does the supervisory organisation have the authority to close institutions

or stop non proper healthcare? Yes

o   Is the supervisory organisation allowed to interfere in other ways? Yes

     If yes, in what way?

• carrying out inspections and audits to heath care provider facilities
• carrying out investigations of situations with significant adverse impact on the rights of patients or on the quality and safety of care
• conducting administrative offence procedures involving health care providers and applying the resulting sanctions
• producing studies, advice papers and recommendations.

o   Other relevant information about the competence of the supervisory             organisation

Other competences of ERS comprise:

• registering health care providers
• handling complaints from service users, providers and institutions
• defining relevant markets of healthcare for competition policy purposes.                                                   

6.    INTERESTING ONGOING DEVELOPMENTS IN YOUR COUNTRY/REGION