State Law No. 7,911 of March 14, 2018 created the Health Friendly Company Program, with the purpose of stimulating legal entities to contribute to the improvement of the structure of the healthcare units of the state and municipal public network.
In this sense, such Law established that the contributions will be provided through the conclusion of a Partnership Agreement with the Rio de Janeiro State Department of Healthcare.
The Law uses two terminologies to refer to partnerships with private initiative: contribution and donation. However, the legal text contains imprecision in altering the use of the terms for different situations. In other words, it is not clear if there would be two institutes with differentiated treatments (i.e. tributaries), or if it would be mere terminological imprecision to refer to the donation since there is a provision specifying that the donations “will meet the demand for goods, inputs and services”.
However, although it initially cites contributions, the aforementioned Law defines that “the participation of legal entities in the Program shall be exclusively in the form of donations of hospital materials and medicines, maintenance, conservation, reform and expansion of state and municipal healthcare units “.
Important: the Law defined that cooperating companies may disclose the actions performed for the benefit of the healthcare unit adopted for promotional and advertising purposes. However, unlike other legislation of similar content, the aforementioned Law prohibits the use of public buildings for that purpose.
State or municipal laws regulating sponsorship, donation, cooperation and public-private partnership in the interests of public interests are fundamental. In the same way of other government entities, the initiative of the State of Rio de Janeiro is commendable, either for creating control mechanisms to facilitate the work of the Audit Entities by sending bimonthly reports to the State Healthcare Council, but also to bring legal certainty to those interested in cooperating with the public interest and with the community.
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