Law No. (13) of 2021
Establishing the
Dubai Academic Health
Institution[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of
Dubai,
After perusal of:
Law No. (5) of 1995
Establishing the Department of Finance;
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai;
Law No. (9) of 2011
Concerning the Dubai Healthcare City;
Law No. (10) of
2012 Establishing Al Jalila Medical Education and Research Support Foundation
and its amendments;
Law No. (1) of 2016
Concerning the Financial Regulations of the Government of Dubai and its
Implementing Bylaw;
Law No. (7) of 2016
Establishing the Mohammed bin Rashid University of Medicine and Health
Sciences;
Law No. (4) of 2018
Establishing the Financial Audit Authority;
Law No. (6) of 2018
Concerning the Dubai Health Authority and its amendments;
Law No. (5) of 2021
Concerning the Dubai International Financial Centre;
Decree No. (22) of
2009 Concerning Special Development Zones in the Emirate of Dubai;
Decree No. (9) of
2012 Approving a Pricing Method for Dubai Health Authority Services;
Decree No. (23) of
2012 Forming the Board of Trustees of Al Jalila Medical Education and Research
Support Foundation;
Decree No. (28) of
2015 Concerning Governance of the Boards and Committees Affiliated to the
Government of Dubai;
Decree No. (30) of
2016 Concerning Al Jalila
Children's Speciality Hospital;
Decree No. (17) of
2018 Establishing the Corporations Affiliated to the Dubai Health Authority and
Determining their Functions;
Decree No. (23) of
2019 Forming the Board of Trustees of the Mohammed bin Rashid University of
Medicine and Health Sciences;
Decree No. (29) of
2020 Forming the Supreme Committee for Development of the Government Sector in
the Emirate of Dubai;
Decree No. (10) of
2021 Replacing a Member of the Board of Trustees of the Mohammed bin Rashid
University of Medicine and Health Sciences;
Executive Council
Resolution No. (17) of 2017 Concerning the Conduct of Medical Tests in the
Emirate of Dubai;
Executive Council
Resolution No. (18) of 2018 Approving the Organisational Structure of the Dubai
Health Authority;
The legislation
establishing and regulating free zones in the Emirate of Dubai; and
The presentation of
the Chairman of the Supreme Committee for Development of the Government Sector
in the Emirate of Dubai,
Do
hereby issue this Law.
This
Law will be cited as “Law No. (13) of 2021 Establishing the Dubai Academic
Health Institution”.
The
following words and expressions, wherever mentioned in this Law, will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The
United Arab Emirates. |
|
Emirate: |
The
Emirate of Dubai. |
|
Ruler: |
His
Highness the Ruler of Dubai. |
|
Government: |
The
Government of Dubai. |
|
Executive
Council: |
The
Executive Council of the Emirate of Dubai. |
|
DHA: |
The
Dubai Health Authority. |
|
DAHI: |
The
Dubai Academic Health Institution. |
|
Board
of Directors: |
The
board of directors of the DAHI. |
|
CEO: |
The
chief executive officer of the DAHI. |
|
Health
Sector: |
All
components of the health system whose objective is to protect Public Health
and provide Healthcare and Health Services. |
|
Health
Services: |
The
services provided by Healthcare facilities, including hospitals; primary and
specialised Healthcare centres; and medical fitness, Public Health, and
occupational health centres. |
|
Healthcare
Staff: |
Any
of the DAHI employees who practise medical
professions, or related
professions, as specified
by the relevant federal and local legislation. |
Pursuant
to this Law, a public institution named the “Dubai Academic Health Institution”
is established as an academic and
health organisation. The DAHI will have legal personality, financial and administrative
autonomy, and the legal capacity required to undertake all acts and
dispositions that ensure the achievement of its objectives.
The
head office of the DAHI will be located in the Emirate. The DAHI
may establish branches and other offices in the Emirate pursuant to a
resolution of the Board of Directors.
The
DAHI aims to:
1.
enhance Health Services in the Emirate through an
academic health system that ensures integration between Healthcare, medical
education, and scientific research;
2.
enhance the efficiency and quality of, and
accessibility to, scientifically proven Health Services in accordance with the
best international standards and practices;
3.
promote the sustainability and resilience of the
Health Sector services in the Emirate, with a view to achieving the desired
outcomes of the health system;
4.
contribute to supporting the leading role of the
Emirate in academic education and scientific research in the field of medicine
and health sciences in a manner that supports the knowledge-based economy;
5.
develop, attract, and retain medical and research
qualified staff and promote Emiratisation in all areas of the Health Sector;
6.
create a favourable environment for conducting
scientific and clinical research that promote the health outcomes of
individuals and of the community;
7.
contribute to promoting the level of readiness and
competitiveness of the Health Sector in the Emirate by supporting and
developing Healthcare and the means to prevent and treat diseases and epidemics
in accordance with the latest health systems; and
8.
promote the Emirate as a leading international
medical and Healthcare
hub, a medical and wellness tourism destination, and a leading
destination for medical education and scientific research and innovation.
For
the purpose of achieving its objectives, the DAHI will have the duties and
powers to:
1.
develop and implement its strategy in line with
the strategy of the Health Sector in the Emirate;
2.
ensure integration of Health Services in a manner
that achieves operational efficiency and competency at different levels of
Healthcare, with a view to ensuring the safety and satisfaction of recipients
of Health Services;
3.
manage, operate, and develop Healthcare
facilities, including hospitals; primary and specialised Healthcare centres;
and medical fitness, Public Health, and occupational health centres, whether
directly or by contracting with third parties;
4.
provide therapeutic and preventive Health Services
and medical fitness and occupational health test services in the Emirate,
including in Special Development Zones and free zones, such as the Dubai
International Financial Centre. The DAHI may, in accordance with the relevant
rules and standards it adopts, authorise third parties to provide certain administrative services
related to medical fitness and occupational health tests;
5.
provide Health Services to various segments of the
community at fair and reasonable prices in accordance with international health
and medical standards;
6.
provide and purchase supplies, pharmaceuticals,
and other requisites needed for its Healthcare facilities;
7.
support the knowledge-based economy by promoting
research and innovation and by attracting investments in the fields of health
and biotechnology, with a view to achieving the objectives of the DAHI;
8.
develop its Healthcare facilities, and the
services and programmes they
provide, to obtain international accreditation;
9.
conduct studies to develop new Healthcare
facilities and programmes or broaden the scope of all Health Services and
health programmes;
10.
develop and provide academic and occupational
programmes for the Healthcare Staff, such as medical education programmes,
residency programmes, and continuing medical education programmes, with a view
to developing and promoting the institutional capacity and competency required
for managing Healthcare facilities and their programmes and organisational
units;
11.
organise and participate in local and overseas
medical events and conferences in coordination with the DHA and concerned
entities;
12.
own and take lease of movable and immovable
property, materials, devices, equipment, and systems as required to enable the
DAHI to exercise its duties and powers under this Law and the legislation in
force in the Emirate;
13.
invest the property of the DAHI and dispose of the same in any legal
manner, with a view to ensuring the achievement of its objectives;
14.
promote cooperation and strategic partnerships
with Government Entities and with the private sector, with a view to supporting
the achievement of the DAHI objectives; and
15.
exercise any other duties or powers required for
enabling the DAHI to achieve its objectives under this Law.
a.
As of the effective date of this Law, the
following entities are hereby affiliated to the DAHI:
1.
the Dubai Healthcare Corporation of the DHA and
its hospitals and organisational units;
2.
the Mohammed bin Rashid University of Medicine and
Health Sciences;
3.
Al Jalila Medical Education and Research Support
Foundation;
4.
Al Jalila Children's Speciality Hospital; and
5.
any other entity to be affiliated to the DAHI
pursuant to legislation issued by the Ruler.
b.
As of the effective date of this Law and for a
period of six (6) months afterwards, the entities referred to in paragraph (a)
of this Article will retain the legal
personality granted to them under their
establishing legislation
or the legislation regulating their work, and will exercise the
duties and powers assigned to them by such legislation under the supervision of
the DAHI, provided that these duties and powers do not conflict with the
functions of the
DAHI.
c.
The DAHI may, within the period stated in paragraph
(b) of this Article, seek the assistance of the executive body of the DHA to
provide any administrative or technical support services to the DAHI. The DHA
must provide all required support to the DAHI to enable it to perform its duties under this Law.
d.
The Board of Directors must, prior to expiry of
the period referred to in paragraph (b) of this Article, submit the following
through the Supreme Committee for Development of the Government Sector, formed
pursuant to the above-mentioned Decree No. (29) of 2020, for approval by the
Executive Council:
1.
the final proposal of the governance framework of
the DAHI, and the duties and powers of the DAHI and the entities referred to in
paragraph (a) of this Article;
2.
the final proposal of the organisational structure
of the DAHI and the entities that will retain their legal personality and
perform their duties and functions under the supervision of the DAHI;
3.
the final proposal of the entities to be
dissolved, merged, or transferred; and
4.
the strategic plan and programmes, and key
performance indicators, of the DAHI.
a.
The DAHI will have a Board of Directors comprised
of a chairman, a vice chairman, and a number of other members who are experienced and specialised
in the fields related to the work of the DAHI. Members of the Board of
Directors will be appointed pursuant to a decree of the Ruler.
b.
In addition to any provisions related to the governance of boards of directors, as adopted
by the Board of Directors in this regard, the provisions of the above-mentioned
Decree No. (28) of 2015 or any other superseding legislation will apply to the
work of the Board of Directors, particularly to the duties of the chairman and members of
the Board of Directors.
a.
The Board of Directors will undertake general
supervision of the exercise by the DAHI of its duties and powers under this
Law, the resolutions issued in pursuance hereof, and other legislation in force
in the Emirate, with a view to achieving the objectives of the DAHI. In
particular, the Board of Directors will have the duties and powers to:
1.
approve, and supervise the implementation of, the
general policy; strategic, operational, investment, and development plans; work
programmes; and projects of the DAHI;
2.
approve the vision, mission, values, and the
future orientations of the
DAHI in line with the governance principles adopted by the DAHI in this
respect;
3.
develop and follow up implementation of the
investment plans aimed to enable the DAHI to
achieve full financial autonomy and to self-finance its programmes and projects
in a manner that enables it to achieve financial sustainability in line with
the health investment policy of the Emirate;
4.
approve the organisational structure, draft annual
budget, and Financial Statements of the
DAHI;
5.
approve, in coordination with the Department of
Finance, fees and charges for the services provided by the DAHI, in accordance
with the pricing method adopted by the DHA pursuant to the above-mentioned
Decree No. (9) of 2012;
6.
determine the ceiling of public
borrowing and credit facilities that may be obtained by the
DAHI, in accordance with the relevant policies and procedures approved by the
Board of Directors in coordination with the Department of Finance;
7.
approve the resolutions, policies, and bylaws
regulating the administrative, financial, and technical work of the DAHI;
8.
supervise the work of the DAHI and follow up the
performance of its duties in an efficient and effective manner, in line with the
adopted policies, plans, and strategic programmes and with a view to improving
the Health Services it provides;
9.
appoint, and determine the remuneration of,
external auditors for projects implemented by the DAHI in partnership with the
Government sector and the private sector; and review the reports and notes
submitted by these auditors at the end of each Financial Year;
10.
approve the periodic reports submitted to it on
the performance of the DAHI, and present the same to the Executive Council;
11.
form permanent or temporary sub-committees and
work teams, from amongst the employees of the DAHI or other persons, to assist
it in performing its duties; and determine the duties and powers of such
sub-committees and work teams; and
12.
exercise any other duties or powers assigned to it
by the Ruler or the Chairman of the Executive Council.
b.
In addition to the functions assigned to it under
paragraph (a) of this Article, the Board of Directors will exercise the duties
and powers assigned to the following boards under the legislation in force:
1.
the Board of Trustees of the Mohammed bin Rashid
University of Medicine and Health Sciences; and
2.
the Board of Trustees and the Board of Directors
of Al Jalila Medical Education and Research Support Foundation.
c.
The Board of Directors may delegate any of its
powers under paragraphs (a) and (b) of this Article to a committee comprised of
members of the Board of Directors, to any of the Board of Directors members, or
to the CEO, provided that such delegation is specific and in writing.
a.
The Board of Directors will convene at the
invitation of the chairman,
or the vice chairman if the chairman
is absent, at least six (6) times a year and where necessary. Meetings of the
Board of Directors will be valid if attended by the majority of its members,
provided that the chairman
or vice chairman is in attendance.
b.
Resolutions and recommendations of the Board of
Directors will be passed by majority vote of attending members; and in the
event of a tie, the chair of the meeting will have a casting vote. Resolutions
and recommendations of the Board of Directors will be recorded in minutes of
meetings signed by the chair of the meeting and attending members.
c.
The Board of Directors may invite experts and
specialists, as it deems appropriate, to attend its meetings and to assist it
in performing its duties under this Law and the resolutions issued in pursuance
hereof. These experts and specialists will not have a vote in the deliberations
of the Board of Directors.
d.
A rapporteur will be appointed to the Board of
Directors by its chairman. The rapporteur will be responsible for sending
meeting invitations to members of the Board of Directors; preparing its meeting
agendas; recording its minutes of meetings; following up the implementation of
its resolutions and recommendations; and performing any other duties assigned
to him by the chairman of the Board of Directors.
A
CEO will be appointed to the DAHI pursuant to a resolution issued by the
Chairman of the Executive Council upon the recommendation of the Board of
Directors.
a.
The CEO will manage the DAHI, will ensure that it
is performing its functions in an effective and efficient manner, and will be
directly responsible to the Board of Directors for performing the duties
assigned to him under this Law, the resolutions issued in pursuance hereof, and
other legislation in force in the Emirate. In particular, the CEO will have the
duties and powers to:
1.
propose the general policy and the strategic,
development, and operational plans of the DAHI in line with the approved
strategic plan of the Emirate for the Health Sector; submit the same to the
Board of Directors for approval; and follow up their implementation;
2.
prepare, review, analyse, and implement the
operational and action plans of the DAHI and its strategic initiatives,
including projects and programmes; and prepare the relevant annual budgets;
3.
draft the resolutions, policies, and bylaws
regulating the financial, administrative, and technical work of the DAHI; and
submit the same to the Board of Directors for approval;
4.
approve financial transactions subject to the
rules stipulated in the financial regulations and bylaws applicable to the DAHI
and the table of financial approval powers adopted by Board of Directors;
5.
prepare the draft organisational structure, annual
budget, and Financial Statements of the DAHI; and submit the same to the Board
of Directors for approval;
6.
oversee the technical, financial, and
administrative performance of the DAHI; and submit the relevant reports to the
Board of Directors;
7.
prepare Health Services quality assessment
reports, and submit the same to the Board of Directors for approval;
8.
propose fees, prices, and charges for the services
provided by the DAHI in accordance with the general policy approved by the
Board of Directors, in coordination with the Department of Finance, and in accordance
with the pricing method approved by the DHA pursuant to the above-mentioned
Decree No. (9) of 2012; and submit the same to the Board of Directors for
approval;
9.
represent the DAHI before third parties and
conclude, within the limits of his approved powers, contracts, agreements, and
memoranda of understanding with local and international entities in fields that
are relevant to the work of the DAHI;
10.
open and manage accounts with banks within and
outside of the Emirate, obtain the necessary loans and credit facilities, and
provide appropriate guarantees and mortgage security, including the mortgage of
assets and other property, subject to the approval of the Board of Directors
and in coordination with the Department of Finance;
11.
supervise performance by the executive body of the
DAHI of its duties under this Law, the resolutions issued in pursuance hereof,
and other legislation in force in the Emirate; and submit the relevant periodic
reports to the Board of Directors;
12.
approve the performance indicators system of the
executive body of the DAHI; and
13.
exercise any other duties or powers assigned or
delegated to him by the Board of Directors.
b.
The CEO may delegate to any of the DAHI officials
any of his powers under paragraph (a) of this Article, provided that such
delegation is specific, in writing, and in accordance with the relevant table of approval powers
adopted by the Board of Directors.
a.
The executive body of the DAHI will be comprised
of a number of administrative, technical, and professional employees, who will
be governed by the human resources regulations adopted by the Board of
Directors.
b.
The human resources legislation applicable by the
effective date of this Law will continue to apply to the employees of the DAHI
and the entities mentioned in paragraph (a) of Article (7) of this Law, and to
the employees to be transferred to the DAHI in accordance with this Law, until
the human resources regulations referred to in paragraph (a) of this Article
are approved.
The
Government will not be liable for any debts or obligations arising from the
business and activities of the DAHI or of any of the entities or companies
affiliated to or owned by it; or arising from the exercise by the DAHI of its powers and duties
under this Law and the resolutions issued in pursuance hereof. The DAHI will be
solely liable for such debts and obligations.
The
DAHI may delegate any of its functions under this Law to any public or private
entity pursuant to an agreement concluded with that entity in this respect. This agreement will
determine the rights and obligations of the DAHI and the contracted entity as
well as the conditions, requirements, and specifications that the entity must observe
when performing the functions delegated by the DAHI.
a.
The financial resources of the DAHI will consist
of:
1.
movable and immovable property allocated to the
DAHI by the Government;
2.
the support allocated to the DAHI in the General
Budget of the Emirate;
3.
the revenue collected by the DAHI in return for
the services it provides. This revenue must be deposited in the DAHI account;
4.
the return on investments of the DAHI property;
5.
the grants, gifts, donations, endowments, and
bequests received by the DAHI and accepted by the CEO in accordance with the
rules and procedures approved by the Board of Directors and in line with the
relevant legislation in force; and
6.
any other resources approved by the Board of
Directors.
b.
The provisions of the above-mentioned Law No. (1)
of 2016 and its Implementing Bylaw, and the relevant agreements made with the
Department of Finance, will apply to the support provided to the DAHI in
accordance with sub-paragraph (a)(2) of this Article.
a.
In managing its accounts and records, the DAHI
will apply the rules and principles of government accounting.
b.
The Financial Year of the DAHI will commence on 1
January and will end on 31 December of each year, except that the first
Financial Year will commence on the date on which this Law comes into force and
will end on 31 December of the following year.
The
records and accounts of the DAHI will be subject to control and audit by the
Financial Audit Authority.
All
Government Entities in the Emirate must fully cooperate with the DAHI and
provide it with the required support to enable it to achieve its objectives and
perform the duties and
functions assigned to it under this Law and
the resolutions issued in pursuance hereof.
The
Board of Directors will issue the resolutions required for the implementation
of the provisions of this Law.
a.
As of the date on which this Law comes into force,
the following will be transferred to the DAHI:
1.
the Health Fund Office of the DHA, including the
employees working at this organisational unit and the approved financial
appropriations allocated to it in the annual budget of the DHA;
2.
the hospitals and organisational units of the
Dubai Healthcare Corporation, as stated in the organisational structure of the
DHA approved pursuant to the above-mentioned Executive Council Resolution No.
(18) of 2018;
3.
all employees and Health Staff working at the
hospitals and organisational units stated in sub-paragraph (a)(2) of this
Article and the financial appropriations allocated to the DHA by the Department
of Finance for those hospitals, organisational units, Health Staff, and
employees;
4.
the ownership of the real property, movables,
assets, devices, equipment, and other property owned by the entities stated in
paragraph (a) of Article (7) of this Law, or owned by the DHA and administered
by the hospitals and organisational units referred to in sub-paragraphs (a)(1)
and (a)(2) of this Article, including any rights and obligations related to
such real property, movables, assets, devices, equipment, and other property;
5.
the ownership of the Dubai Dental Hospital,
including the real property, movables, assets, devices, equipment, and other
property owned by the hospital;
6.
the employees of the entities mentioned in
paragraph (a) of Article (7) of this Law, the financial appropriations
allocated to these entities in their budgets in accordance with the provisions
of the above-mentioned Law No. (1) of 2016 and other legislation in force in
the Emirate; and
7.
the employees of the DHA transferred to the DAHI
by agreement between the DHA and the DAHI, including the financial
appropriations allocated to the DHA by the Department of Finance for these
employees, with a view to enabling the DAHI to perform its duties and functions
under this Law.
b.
Employees will be transferred to the DAHI in
accordance with the provisions of paragraph (a) of this Article without
prejudice to their existing rights.
c.
The DAHI hereby succeeds the organisational units and hospitals referred
to in sub-paragraphs (a)(1), (a)(2), and (a)(5) of this Article in respect of
the rights and obligations of these organisational units and hospitals.
The
DHA and the DAHI must coordinate with the concerned entities in the Emirate to achieve compliance with the provisions of this
Law within no later than six (6) months from the date on which this Law comes
into force. The Chairman of the Executive Council may, where required, extend
this time limit for the period he
deems appropriate.
a.
Pursuant to this Law, the following decrees are
repealed:
1.
Decree No. (23) of 2012 Forming the Board of
Directors of Al Jalila Medical Education and Research Support Foundation;
2.
Decree No. (23) of 2019 Forming the Board of
Trustees of the Mohammed bin Rashid University of Medicine and Health Sciences;
and
3.
Decree No. (10) of 2021 Replacing a Member of the
Board of Trustees of the Mohammed bin Rashid University of Medicine and Health
Sciences.
b.
Any provision in any other legislation will be
repealed to the extent that it contradicts the provisions of this Law.
c.
The Health Sector and Health Services legislation
in force in the Emirate will remain in force to the extent that it does not
contradict the provisions of this Law, until new superseding legislation is
issued.
This
Law will be published in the Official Gazette and will come into force on the
day on which it is published.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 12 July 2021
Corresponding to 2 Thu
al-Hijjah 1442 A.H.
©2021 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict, the
Arabic text will prevail.