The decree explains that the National Health Service (SNS) has been undergoing a transformation process, which led to the implementation of the National Health Service Statute and the creation of the SNS Executive Board.
“As part of this process, (…) the restructuring of the Regional Health Administrations is planned, namely their extinction through merger, with the consequent transfer of remaining attributions and competencies to other services or organizations,” the document states.
It adds that the extinction of the ARS will involve “introducing specific changes to the structure of the Directorate-General of Health, the National Institute of Health Doctor Ricardo Jorge, and the SNS Executive Board” to “reflect the transfer of attributions and competencies from the ARS” and “strengthen the capabilities and competencies of the entire system.”
According to the decree-law, a liquidation commission will be created “to coordinate and direct the process of extinguishing the ARS and ensure the transition of competencies and assets to the entities concerned.”
It adds that this order will be the responsibility of the Ministries of Health and Finance, defining the commission’s competencies, including coordination with other entities, the term of office, and the remuneration of its members. However, it does not clarify when the commission will be created or begin its functions.
For the Government, the extinction of the ARS “should result in a reinforced and more effective organizational model, better adjusted to territorial diversity and capable of ensuring adequate health care provision to citizens.”
It emphasizes that this restructuring will be “also very relevant to respect the rights and legitimate expectations of these organizations’ workers, ensuring the necessary stability of their legal-functional situation and, simultaneously, contributing to the full use of the valuable work they develop.”
The extinction and merger of the ARS had been promulgated by the President of the Republic, Marcelo Rebelo de Sousa, on August 28, after the Government approved the decree on August 8.
The Head of State justified the decision by stating that he could not “prolong the waiting period for the full implementation of the new management model of the National Health Service (SNS), and considering the agreement between the current Government and the previous Government regarding the extinction of the ARS.”
All this, “despite doubts raised, particularly in organic domains, in the creation of the liquidation commission and its functioning, as well as in the necessary harmonization of the new statutes of the entities covered by the merger and restructuring processes,” the President of the Republic added.
On May 10, the President of the Republic informed that he only received on March 27 the decree-law from the previous executive (PS) that extinguished the ARS, and that he had sent the decree to the new Government, after its inauguration, for its pronouncement.
At issue was a decree-law from the previous PS Government approved in the Council of Ministers on March 21 that, following the creation of the Executive Board of the National Health Service (SNS) and the generalization of local health units (ULS), proceeded with the extinction of the ARS.
At the time, the Presidency of the Republic emphasized that the decree-law was approved “11 days after the early legislative elections” of March 10.
The extinction of the ARS was part of the second phase of the process of decentralizing competencies from the central administration to the Commissions for Coordination and Regional Development (CCDR), planned by the previous Government.
