The Secretary, upon previous determination of the availability of health facilities, shall establish together with the Bank the agreement through which the health facilities of the Department of Health shall be leased, subleased, sold, ceded, exchanged or transferred to the contracting entity for their operation and administration. The determination of the Secretary regarding the availability of health facilities shall be based on an evaluation of the population to be served, their health needs, the level of satisfaction with the services rendered and the health facilities and services existing in the surrounding area, including but not limited to the inventory of the health facility, the quality if services and the fiscal situation of the State before and after the transaction is negotiated, perfected or concluded.The Secretary shall determine the health facilities that are available, and those that are not necessary for compliance with the public policy established, may be transferred or alienated for an alternate use without being subject to the provisions of §§ 3326—3326s of this title. that are not necessary for compliance with the public policy established, may be transferred or alienated for an alternate use without being subject to the provisions of §§ 3326—3326s of this title. Provided, however, That the Secretary shall comply with the publication procedure provided in § 3326c of this title. For these ends, and pursuant to § 3326q of this title, the Secretary shall promulgate the regulations that shall govern the determination of eligibility of the health installations to be destined to an alternate use. Said regulations shall take into consideration the needs of the population and the usefulness of the facilities to be sold. Being it understood that each municipality shall have the proper health facilities to meet the health needs of its population. History —Jan. 1, 2003, No. 3, § 3.
Puerto Rico Legal Code