The Amama Association, which brings together Seville women who have suffered from breast cancer, faces a fine It can reach 600,000 euros. because? For their refusal to provide the data they claim to have on women affected by the failure of the screening system.
This is what he referred to Public health law in Andalusiawhich includes in its articles the commitment to comply with the information requirements of the Andalusian government. The Administrative Procedure Act also indicates this.
He explained this on Monday Minister of Health, Presidency and Social Dialogue, Antonio Sanz, who explained that the first law, in its article 18, stipulates the duty of Andalusian citizens “to inform the health authorities of any event or situation that may constitute a public health emergency.”
For Sanz, the issue of screening failure is a “public health emergency” because, he says, it puts people at risk. Women’s lifeTheir trust in the system and, moreover, a lack of information can mean that SAS cannot treat women who, “if it exists,” only know about Amama.
The rule also states that citizens are prohibited from “causing, voluntarily or through gross negligence, a danger.” For the health of others“, which is something that the Andalusian government believes may happen in Amama’s position.
“cooperation”
The same law, in its Article 18, obliges citizens of society to “Cooperation with health authorities In health protection, disease prevention, and strategies to promote health and quality of life.
This is another headline, the Andalusian government believes, that Amama may fail to comply by refusing to provide the data that the media says it has, as the government indicates.
And for those who skip these instructions There is a penal systemwhich is also stipulated by the law itself. They range from light (up to 3000 euros); Serious (from 3,001 to 15,000 euros) and very serious (from 15,001 to 600,000 euros).
According to the same criterion, consulted by EL ESPAÑOL, non-cooperation in a matter of information could constitute A very serious mistake.
This is because, within the base’s sanctions regime, “absolute refusal to provide information, provide data or cooperate with health authorities or public health officials in the exercise of their functions” is considered a very serious offense.
There are more issues that the Andalusian government can use to impose fines Up to 600,000 euros for Ama.
Because one of the points of the penal system in the law states that “conscious and deliberate failure to comply with penalties Requirements, obligations or prohibitions provided for by health regulations or other harmful behavior even if it does not lead to a risk or serious change in public health,” such as refusal to provide information.
At another point, it is said that he punishes him.Frequent non-compliance To the specific requirements set by the health authorities, as well as non-compliance with the precautionary or final measures adopted when repeated or when serious harm occurs to people’s health.
This address will include repeatedly refusing to send the file Information Request from the Andalusian Military Council.
What does the Andalusian Administrative Procedure Code say? Article 18 states: “Persons shall cooperate with the administration In the planned terms In the applicable law in each case, and in the absence of express provision, they will provide management with the reports, inspections and other investigative work they need to exercise their powers.
However, the rule also states that such cooperation can be avoided whenever “Disclosure of the requested information By the administration violates honor or personal or family privacy or involves the transfer of confidential data to third parties of which they have knowledge to provide professional diagnostic, advisory or defensive services.”
This is precisely one of Amama’s arguments. For non-delivery of documents What it says about women affected by failed breast cancer screening.
Because, according to a statement issued by the Sevilla League, SAS “demands Humble association “Women’s data is all confidential, and only the administration that requests it handles it in its entirety.”
For the association, “it is the health administration that must have the data of women who were not called, who suffered delays and The consequences of each of them“.
Amama also wonders that the person who signs the information request is the Director General of the Health Service, because “Maybe I don’t have the ability Sufficient to implement the requirements mentioned as a “health authority”.
Public health law
The organization itself is aware of Article 18 of the Public Health Law, but objects to it by saying that the Basic Law – of the highest rank – 3/2018 and 41/2002”Treatment is expressly prohibited Health data by third parties, unless with express, written, informed consent and within a legitimate purpose.
Health Minister Antonio Sanz requested the information again on Monday. He asked for seriousness in the data. It was an ugly matter that Amama spoke about “4,000 women were affected“For failing breast cancer screening.
He noted that “there were not 4,000 women but 4,000 calls” that he made to Amama. “For God’s sake, it’s not the same,” he added, before listing the three meetings in which the association could have provided data — with him and the hospital director. Virgin of Rossio And with the toilet.
“You can’t fool the administration, and you can’t raise the alarm,” Sanz asked. “The law requires the provision of data. If the information is denied“The law will be enforced.”The advisor added.