By: Ruth Olivares and Olga Torres
Summary of the Governmental Agreement Number 197-2021 of Guatemala, which contains the Regulation of the National Emergency Law for the Attention of the COVID-19 Pandemic, issued by the Ministry of Public Health and Social Assistance, and which came into effect on October 1, 2021:
The Agreement aims to regulate the provisions given in the National Emergency Law for the Attention of the COVID-19 Pandemic contemplating, in summary, the following:
- Provisions on the modality of purchase and contracting with the State, through the GUATECOMPRAS system, including the modalities of purchase and contracting electronically or direct purchase, and the open contract in health matters.
- Regulates the hiring of public servants in general, as well as the process of creation of positions in the budget lines, the call to fill vacant positions and the monetary benefit to be given to the personnel of the Ministry of Health of Guatemala.
- Establishes the process for the contracting of technical and professional services temporarily, due to the Covid 19 pandemic, indicating the obligation to always formalize it through a written contract and to publish the positions in the GUATECOMPRAS system.
- It states that state facilities may be used temporarily by the health authorities to provide health services, formalizing this through an internal administrative instrument where the delivery and reception of the real estate is recorded, indicating its location, physical and registry characteristics, mentioning its temporary nature, which shall not exceed 3 years.
- The Secretary of Social Communication of the Presidency, together with the Ministry of Public Health and Social Assistance, will carry out campaigns of divulgation, sensitization, and information for the prevention, symptoms, importance of vaccination, and protocol of attention for the COVID 19 pandemic.
- A section is established concerning donations made to face the health emergency caused by COVID 19, stating therein that such donations may be carried out except for the provisions of the Organic Law of the Budget, which requires that donations in certain cases have the approval of the Ministry of Public Finance and that the Donation Agreement to be signed be approved by Ministerial Agreement.
- It is contemplated regarding the REFERENCE PRICES of the products and services listed in the Law, mentioning that the Ministry of Health and the Directorate of Attention and Assistance to the Consumer (DIACO) will publish weekly in its website and social networks the reference prices of the listed products and private hospital services, oriented to the prevention, diagnosis, and treatment of the health emergency originated by the SARS-CoV-2 coronavirus.
The publication will also be made in a weekly newspaper. - Cases not provided for in this Regulation shall be resolved by the higher authorities of the institutions mentioned throughout the Law.