The Spanish National Health System (, SNS) is the agglomeration of public healthcare services that has existed in Spain since it was established through and structured by the Ley General de Sanidad (the "Health General Law") of 1986. Management of these services has been progressively transferred to the distinct autonomous communities of Spain, while some continue to be operated by the National Institute of Health Management (Instituto Nacional de Gestión Sanitaria, INGESA), part of the Ministry of Health and Social Policy (which superseded the Ministry of Health and Consumer Affairs—Ministerio de Sanidad y Consumo—in 2009). The activity of these services is harmonized by the Interterritorial Council of the Spanish National Health Service (Consejo Interterritorial del Servicio Nacional de Salud de España, CISNS) in order to give cohesion to the system and to guarantee the rights of citizens throughout Spain.
Article 46 of the Ley General de Sanidad establishes the fundamental characteristics of the SNS:
a. Extension of services to the entire population. b. Adequate organization to provide comprehensive health care, including promotion of health, prevention of disease, treatment and rehabilitation. c. Coordination and, as needed, integration of all public health resources into a single system. d. Financing of the obligations derived from this law will be met by resources of public administration, contributions and fees for the provision of certain services. e. The provision of a comprehensive health care, seeking high standards, properly evaluated and controlled. a. La extensión de sus servicios a toda la población. b. La organización adecuada para prestar una atención integral a la salud, comprensiva tanto de la promoción de la salud y prevención de la enfermedad como de la curación y rehabilitación. c. La coordinación y, en su caso, la integración de todos los recursos sanitarios públicos en un dispositivo único. d. La financiación de las obligaciones derivadas de esta Ley se realizará mediante recursos de las Administraciones públicas, cotizaciones y tasas por la prestación de determinados servicios. e. La prestación de una atención integral de la salud procurando altos niveles de calidad debidamente evaluados y controlados.
Ley 14/1986 General de Sanidad. Organización General de Sistema Sanitario Público, noticias.juridicas.com.
Antecedents to the SNS in Spain Public intervention in collective health problems has always been of interest to governments and societies, especially in the control of epidemics through the establishment of naval quarantines, the closing of city walls and prohibitions on travel in times of plague, but also in terms of hygienic and palliative measures. Al-Andalus—Muslim-ruled medieval Spain—was distinguished by its level of medical knowledge relative to the rest of Europe, particularly among the physicians of the Golden age of Jewish culture in Spain. In the years after the Reconquista, the Real Tribunal del Protomedicato regulated the practice of medicine in Spain and in its colonies. However, the system of medical faculties at the various universities was very decentralized. Surgery and pharmacy were quite separate from medicine and were considerably less prestigious; the systems of Galen and Hippocrates dominated medical practice during most of the era of the Antiguo Régimen.
Medicine was one of the principal fields of activity for the novatores of the late 17th century, but their initiatives were individualized and localized. There is some continuity from their work to the broader work during the Age of Enlightenment, such as through the Colegio de Cirugía de San Carlos ("San Carlos College of Surgery") in Madrid. At the beginning of the 19th century, the Balmis Expedition (1803) to administer the smallpox vaccine throughout the Spanish colonies was a public health undertaking of unprecedented geographical scope.
The Cortes of Cádiz debated a sanitary code (the Código Sanitario de 1812), but nothing was approved due to lack of scientific and technical consensus about the actions to be undertaken. During the bienio progresista, the Law of 28 November 1855 established the basis for a General Health Directorate (Dirección General de Sanidad), which was created a few years later and which would last into the 20th century. The Royal Decree of 12 January 1904 approved the General Health Instruction (Instrucción General de Sanidad), which altered little of the 1855 scheme besides the name; the name would later change to General Inspectorate of Health (Inspección General de Sanidad).
After the Spanish Civil War, the Ley de Bases de 1944 perpetuated this . The Law of 14 December 1942 create a system of obligatory health insurance under the already extant National Insurance Institute (Instituto Nacional de Previsión, INP). The system was based on a percentage tax linked to employment. This was further modified by the General Law of Social Security (Ley General de la Seguridad Social) in 1974, toward the end of the Franco regime.Decreto 2065/1974, de 30 de mayo Social Security had taken on an increasing number of diseases within its package of services, as well as covering a larger number of individuals and communities.
The General Health Law (Ley General de Sanidad) of 25 April 1986 and the creation of Health Councils (Consejerías de Sanidad) and a Ministry of Health, fulfilled the mandate of the Spanish Constitution of 1978, in particular Articles 43 and 49 which made protection of health a right of all citizens, and Title VIII, which foresaw that purview over matters of health would devolve to the autonomous communities.Ley 14/1986, de 25 de abril, General de Sanidad, BOE number 102 of 1986-04-29, pages 15207–15224. (Text of the law, in Spanish.)
Laws The General Health Law of 1986 The General Health Law of 1986 (Ley 14/1986 General de Sanidad) was formulated on two bases. First, it carries out a mandate of the Spanish Constitution, whose articles 43 and 49 establish the right of all citizens to protection of their health. The law recognizes a right to health services for all citizens and for foreigners resident in Spain.
Second, Title VIII of the Constitution confers upon the autonomous communities broad purview in matters of health and health care. The autonomous communities have first-order importance in this area, and the law permits devolution of these functions from the central government to the autonomous communities, in order to provide a health care system sufficient for the needs of their respective jurisdictions. Article 149.1.16 or the Constitution, a further basis for the present law, establishes substantive principles and criteria that allow general and common characteristics to be consistent throughout the new system, providing a common basis for health services throughout Spanish territory.
The administrative device set up by the law is the National Health System. The presumption underlying the adopted model is that in each autonomous community, authorities are adequately equipped with necessary territorial perspective, so that the benefits of autonomy do not conflict with the needs of management efficiency.
Thus, the various health services fall under the responsibility of the respective autonomous communities, but also under basic direction and coordination by the central state. The respective health services of the autonomous communities would gradually realize a transfer of health resources from the central government to the autonomous communities. La Ley 15/97 “Nuevas Formas de Gestión” The law of 1997 allowed private health care companies to enter the market. It has been argued to be the beginning of deregulation.
Law of Cohesion and Quality, 2003 The General Health Law was complemented in 2003 by the Law of Cohesion and Quality of the National Health System (Ley 16/2003 de cohesión y calidad del Sistema Nacional de Salud), which maintained the basic lines of the General Health Law, but modified and broadened the articulation of that law to reflect existent social and political reality. By 2003, all of the autonomous communities had gradually assumed purview in matters of health and had established stable models to finance the assumed purview. Meanwhile, in the 17 years since the original law, Spanish society had undergone many cultural, technological and socioeconomic changes that affected people's ways of life and affected the country's patterns of disease and illness. These posed new challenges to the National Health System.
Therefore, the 2003 law establishes coordination and cooperation of public health authorities as a means to ensure citizens the right to health protection, with the common goal of ensuring equity, quality and social participation National Health System. The law defines a core set of functions common to all of the autonomous health services. Without interfering with the diversity of forms of organization, management and services inherent in a decentralized system, it attempts to establish certain basic, common safeguards throughout the country. This law attempts to establish collaboration of public health authorities with respect to benefits provided, pharmacy, health professionals, research, health information systems, and the overall quality of the health system.
Toward these ends, the law created or empowered several specialized organs and agencies, all of which are open to the participation of the autonomous communities. Among these are the Agency of Evaluation of Technologies (Agencia de Evaluación de Tecnologías, Spanish Agency of Medicines and Medical Devices (Agencia Española de Medicamentos y Productos Sanitarios), the Human Resources Committee (Comisión de Recursos Humanos), the Committee to Assess Health Research (Comisión Asesora de Investigación en Salud), the Charles III Institute of Health (Instituto de Salud Carlos III), the Institute of Health Information (Instituto de Información Sanitaria), the Quality Agency of the National Health System (Agencia de Calidad del Sistema Nacional de Salud) and the Observatory of the National Health System (Observatorio del Sistema Nacional de Salud).
The basic organ of cohesion is the Interterritorial Council of the Spanish National Health Service (Consejo Interterritorial del Servicio Nacional de Salud de España), which has great flexibility in decision making, as well as mechanisms to build consensus and to bring together the parties taking such decisions. A system of inspection, the Alta Inspección, assures that accords are followed.
Royal Decree-Law of 2012 The Royal Decree-Law 16/2012Available online at http://boe.es/buscar/doc.php?id=BOE-A-2012-5403 was introduced on April 20, 2012. It puts into law severe cuts in the Spanish National Health System, including the following: Refusal to give assistance to unregistered foreigners (in effect from September 1, 2012). This hasn't been applied by all the comunidades autónomas. Increase of the percentage of medicines paid by the user:http://boe.es/buscar/doc.php?id=BOE-A-2012-5403. Article 2, section Trece. Checked on March 18, 2013. Senior citizens didn't pay for medicines before the reform, but now they pay 10% (limited to €8/month if their income is ≤€18,000 a year, €18/month if their income is >€18,000 and ≤€100,000 a year, or €60/month if their income is >€100,000 a year). Workers now pay 40% if their income is ≤€18,000 a year, 50% if their income is >€18,000 and ≤€100,000 a year, or 60% if their income is >€100,000 a year.
Governing agencies Ministry of Health and Social Policy