Tasks of the Health, Social Affairs, and Integration Directorate (ORVGSI)

1. The Directorate of Health, Social Affairs, and Integration (GSI) carries out tasks in the following areas

a) Health,

b) Social Assistance,

c) Asylum Social Assistance,

d) Victim Assistance,

e) Integration,

f) Remedies,

g) Narcotics.

2. It makes decisions in all cases where the Grand Council, the Executive Council, or another authority is not responsible.

3. It manages communication with federal authorities within its area of responsibility and is responsible for inter-cantonal and, insofar as cantonal jurisdiction is given, international cooperation.

1. The terms of office for the members of the home commissions of the cantonal pedagogical and socio-pedagogical institutions of the Health, Social, and Integration Directorate end on December 31, 2022.

1. The amendments to Article 3, Paragraph 2, Article 4, Paragraph 1, Subparagraph b, Article 5, Paragraph 3, Article 7, Paragraph 1, Subparagraphs b, f, and p, Article 8, Paragraph 1, Subparagraph a, Article 10, Paragraph 3, Article 12, as well as Article 13, Paragraph 1, Subparagraphs e and f are applicable starting January 1, 2023.

2. The provisions of the Regulation of February 8, 2006, concerning the cantonal pedagogical and social pedagogical institutions of the Directorate of Health, Social Affairs, and Integration (PSIV) shall remain applicable, with the exception of Article 13, until December 31, 2022. The competent authorities of the Directorate of Health, Social Affairs, and Integration and the Home Commissions shall obtain the consent of the competent authorities of the Directorate of Internal Affairs and Justice or the Directorate of Education and Culture for decisions that extend beyond the year 2022.

1. The Directorate is structured according to the annex into the General Secretariat (GS GSI) and the following offices

a) Health Office (HO),

b) Office for Integration and Social Affairs (OISA).

2. The General Secretariat and the offices are divided into staffs, departments, sub-departments, and agencies as needed.

1. The Directorate is subject to the Cantonal Ethics Committee for Research (KEK Bern) according to the provisions of the Ordinance of August 20, 2014, on the Cantonal Ethics Committee for Research (KEKV)[[2]]. KEK Bern is equivalent to an office and is administratively affiliated with the Health Office.

2. ...

1. The directorate is associated with the following permanent commissions established by special legislation

a-b * ...

c. Cantonal Commission for School Medical Services,

d. * ...

e. Commission for Social, Subsistence Security, and Family Policy,

f. * ...

g. Cantonal Commission for the Integration of the Foreign Population,

h. Advisory Board for Medical Innovations,

i-k * ...

2. The government council and the directorate may establish non-permanent advisory commissions.

3. When appointing members to the commissions, care must be taken to ensure that women and men are appropriately represented.

1. The Director shall manage the directorate and decide all matters within its purview, insofar as the decision-making authority has not been assigned to the General Secretariat, an office, or another organizational unit by legislation or internal regulations.

2. He or she shall establish, through a directorate ordinance and internal regulations, the detailed organization of the directorate, specifically

a) the allocation of tasks, competencies, and responsibilities within the directorate, insofar as not determined by legislation,

b) the powers of representation and authorization to sign,

c) the delegation of duties,

d) internal and external communication,

e) other questions pertaining to the organization of the directorate.

3. He or she shall approve the organizational regulations of the General Secretariat and the offices, as well as the job descriptions of the Secretary General or the Deputy Secretaries General, the Heads of Offices, and the management of KEK Bern.

1. The Secretary-General or the department heads shall ensure the fulfillment of the tasks of their organizational unit. They shall cooperate, as necessary, with the other organizational units of the directorate and the administration as well as with external administrative bodies.

2. They shall define the organization of their organizational unit in a regulation and set out the tasks, competencies, and responsibilities of the employees in writing.

3. These provisions apply mutatis mutandis to the heads of staffs, departments, sub-departments, and offices.

**1. The Secretariat General is responsible for**

a. advising and supporting the Director in fulfilling their duties,

b. assessing applications and proposals submitted to the Director by the offices and the Conference of Cantonal Health Directors (KEK) Bern,

c. addressing all issues fundamentally significant for health, social, and integration policies,

d. coordinating all matters for which no specific office within the Directorate is responsible, or assigning them to an appropriate office,

e. coordinating the activities of the offices and determining the lead responsibility, if necessary, for matters affecting multiple offices,

f. managing administrative matters concerning the KEK Bern and other issues, unless these are assigned to the KEK Bern itself by legislation or internal regulations, or to an office by subsequent provisions,

g. informing the public about the activities of the Directorate,

h. collaborating with other directorates, the State Chancellery, the Executive Council (Regierungsrat), and the bodies of the Grand Council,

i. handling responses to parliamentary inquiries, preparing parliamentary affairs, and overseeing the implementation of referred motions and postulates,

k. the Directorate's legislative procedures and conducting necessary consultation and co-reporting processes, as well as accompanying parliamentary procedures,

l. the consultation and co-reporting procedure involving the offices for cantonal and federal decrees,

m. instructing appeals procedures, preparing appellate decisions, preparing submissions, and representing the Directorate and the Executive Council within the framework of respective competences before cantonal and federal administrative justice authorities and courts,

n. coordinating activities in all areas of health and social services with other participating directorates, representing the canton in inter-cantonal coordination bodies related to health, social, and integration matters, and ensuring the connection with federal authorities,

o. preparing and implementing the ownership strategy in accordance with Articles 12 and 13 of the Hospital Supply Ordinance of October 23, 2013 (SpVV),

p. ***...

1. The General Secretariat is responsible for

a. advising the Director, the offices, and the KEK Bern on legal matters as well as ensuring a consistent application of the law within the Directorate,

b. instructing procedures according to information legislation to access information from the Directorate,

c. coordinating and providing methodological support for planning, execution, controlling, and reporting in the areas of tasks (goals and measures) and resources of the Directorate,

d. establishing an appropriate organizational structure and workflow within the framework of these regulations,

e. managing the finance and accounting of the Directorate,

f. handling the human resources affairs of the Directorate, including commission and cantonal representation elections, as well as issues of gender equality,

g. overseeing the area of Digital Management; in particular, it is responsible, together with the specialist offices, for the development, maintenance, and renewal of specialized and corporate applications within the Directorate's scope of work,

h. space allocation,

i. bilingualism matters and the management of the translation service,

k. other central services such as central mail distribution, registry, courier service, reproduction service, procurement, building management and maintenance,

l. collecting the mandatory federal statistics of inpatient healthcare facilities, managing the health and social report, and advising the offices on data collection and evaluation methodology.

2. The General Secretariat serves as the contact point for

a. data protection in accordance with data protection legislation,

b. basic services in accordance with the legislation on information and telecommunications technology of the cantonal administration.

1. The Health Office processes all matters assigned to it by legislation or those whose nature requires its involvement as a specialized authority, and implements the tasks incumbent on the canton in the areas of

a) Provision of hospital and rescue services,

b) Provision of healthcare professionals,

c) Outpatient and inpatient care services,

d) Health promotion and prevention,

e) Medicinal products,

f) Narcotics.

2. In addition to the responsibilities listed in Article 11, it is specifically responsible for

a) Preparing tariff decisions in the health sector,

b) Determining reimbursements for agreed services and investments in the respective final accounts,

c) Advising service providers on technical issues,

d) Preparing hospital and nursing home list dispositions and monitoring compliance with the relevant requirements,

e) Implementing the obligation of training and further education for institutions in the health sector,

f) Enforcing legislation on the trade with medicinal products and narcotics, insofar as no other institutions or authorities are responsible,

g) Combatting and preventing communicable diseases in humans,

h) Medical issues in the hospital and home care sector,

i) Supervising the school medical service,

k) Tasks assigned to it by legislation on population protection, particularly the coordinated medical service and leading special staff as part of the Cantonal Leadership Organization,

l) Cost coverage pursuant to Article 41 paragraph 3 of the Federal Act on Health Insurance of March 18, 1994 (KVG), receiving notifications according to Article 44 paragraph 2 KVG, as well as recourses based on Article 79a KVG and Article 14bis paragraph 2 of the Federal Act on Disability Insurance of June 19, 1959 (IVG),

m) Issuing permits pursuant to Article 8 of the Federal Act on Medically Assisted Reproduction of December 18, 1998 (Reproductive Medicine Act, FMedG) and fulfilling the further tasks of the cantonal licensing authority under this Act,

n) Recognizing the professional training of speech therapists according to Article 50 of the Federal Ordinance of June 27, 1995 on Health Insurance (KVV),

o) Enforcing Article 119 of the Swiss Criminal Code (StGB),

p) Releasing from the duty of confidentiality pursuant to Article 8 paragraph 2 and Article 27 paragraph 2 of the Health Law of December 2, 1984 (GesG),

q) Receiving notifications according to Article 10 paragraph 2 of the Federal Act of December 17, 2004 on Conditions and Procedures in Sterilizations (Sterilization Act),

r) **\*** Preparing service agreements and, except in the hospital services sector, concluding service agreements,

s) **\*** Enforcing the second section (Use of Products for Cosmetic Purposes) of the Ordinance of February 27, 2019 on the Federal Act on Protection from Hazards due to Non-Ionizing Radiation and Sound (V-NISSG), with the exception of supervising persons with a certificate of expertise with examination.

3. The Government Council may appoint part-time inspectors for the conduct of pharmaceutical supervision.

1. The Office for Integration and Social Affairs handles all matters assigned to it by legislation or those which require its involvement as a specialized body due to their nature, and it executes the tasks assigned to the canton in the areas of

a) integration,

b) individual social assistance,

c) social service offerings, excluding outpatient and inpatient care services,

d) asylum social assistance,

e) disability,

f) pedagogical and therapeutic measures in pre- and post-school areas,

g) addiction assistance.

2. In addition to the responsibilities listed in Article 11, it is particularly responsible within its domain for

a) measures and facilities for social and occupational integration, such as preventive and family-supporting institutions, facilities for family-supportive childcare, women's shelters, or employment measures,

b) the development of a cantonal integration policy as well as the implementation of the integration legislation of the canton and the federal government,

c) the implementation of cantonal, intercantonal, and international social assistance and the cantonal legislation on social assistance in the asylum and refugee sector,

d) the implementation and further development of the elderly policy,

e) the development and further development of bases, concepts, and instruments for offer management,

f) victim assistance, including the preparation of submissions and the representation of the directorate before cantonal and federal administrative judicial authorities and courts,

g) the examination of municipal social assistance expenditures with regard to eligibility for cost sharing, the execution of cost sharing and the compensatory payments associated with the Law of February 1, 2012, on Child and Adult Protection (KESG)[[12]](#enumeration_itemtext_content_fn_3158978_2_12_c), as well as the determination of municipal contributions,

h) consulting and informing social service organs and personnel as well as social assistance institutions on technical questions and questions of continuing education,

i) consulting and informing service providers on technical questions as well as on financial, accounting, and personnel matters,

k) providing the necessary places in suitable facilities and homes for the execution of welfare placements,

l) preparing and concluding service agreements.

3. ...

**1. The Specialist Offices are responsible within their respective areas for**

a. the development and implementation of supply policy strategies and for planning, including training and continuing education services,

b. ensuring an effective and economic financing system,

c. the preparation of the data basis necessary for management and planning, as well as conducting controlling,

d. granting construction and operating contributions to service providers of social services,

e. the examination and support of investment projects,

f. checking the use of contributions for legality and economic efficiency,

g. granting authorizations for the approval of burden sharing of municipal expenditures for social service offers,

h. the enforcement of federal legislation on health insurance,

i. the preparation and enforcement of inter-cantonal agreements on the compensation of mutual services,

k. the approval and supervision of service providers,

l. issuing orders according to Article 8 paragraph 2 of the Ordinance of January 24, 2018, on Information and Communication Technology of the Cantonal Administration (ICTV).

1. The Directorate comprises the following management positions

a. a Secretary General,

b. two Deputy Secretaries General,

c. two Heads of Office,

d. the Cantonal Physician,

e. * the Cantonal Pharmacist.

f. * ...

2. The Cantonal Physician must hold a federal or recognized foreign diploma as a physician in accordance with the Federal Act of 23 June 2006 on University Medical Professions (Medical Professions Act, MedPA) and a federal or recognized foreign postgraduate qualification under the MedPA or an equivalent postgraduate education.

3. The Cantonal Pharmacist must hold a federal or recognized foreign diploma as a pharmacist under the MedPA.

4. The bylaws specify the other management positions.

1. The following decrees are amended

a. Ordinance of September 16, 2020 on Data Management in the ERP Project Phase 1 (ERP Data Ordinance),

b. Ordinance of October 24, 2001 on Expert Commissions (Expert Commissions Ordinance, ECO),

c. Personnel Ordinance of May 18, 2005 (PO),

d. Ordinance of February 22, 1995 on the Fees of the Cantonal Administration (Fees Ordinance, FO),

e. Ordinance of June 8, 1994 on the School Medical Service (School Medical Ordinance, SMO),

f. Ordinance of May 8, 2013 on Special Education Measures (Special Education Ordinance, SEO),

g. Cantonal Civil Protection Ordinance of October 22, 2014 (CCPO),

h. Ordinance of October 23, 2002 on the Rights and Duties of Patients and Health Professionals (Patient Rights Ordinance, PRO),

i. Ordinance of August 20, 2014 on the Cantonal Ethics Commission for Research (CECR),

k. Ordinance of October 24, 2001 on Professional Activities in the Health Sector (Health Ordinance, HO),

l. Ordinance of October 27, 2010 on Funeral Services (Funeral Ordinance, FO),

m. Hospital Supply Ordinance of October 23, 2013 (HSO),

n. Introductory Ordinance of June 20, 2012 to the Federal Narcotics Legislation (Introductory Narcotics Ordinance, INO),

o. Ordinance of September 19, 2007 on the Cantonal Commission for Health Promotion and Addiction Issues (CCHPAI),

p. Introductory Ordinance of December 9, 2015 to the Federal Epidemics Legislation (Introductory Epidemics Ordinance, IEO),

q. Ordinance of November 4, 2020 on Measures to Combat the Covid-19 Epidemic (Covid-19 Ordinance),

r. Introductory Ordinance of October 30, 2019 to the Federal Cancer Registration Legislation (Introductory Cancer Registration Ordinance, ICRO),

s. Meat Inspection Ordinance of October 23, 1996 (MIO),

t. Introductory Ordinance of September 22, 1993 to the Federal Accident Ordinance (Introductory Accident Ordinance, IAO),

u. Ordinance of January 29, 2014 on Exceptions to the Licensing Restriction for Service Providers to Operate at the Expense of Mandatory Health Insurance (Licensing Ordinance, LO),

v. Ordinance of October 24, 2001 on Public Social Assistance (Social Assistance Ordinance, SAO),

w. Ordinance of September 18, 1996 on the Care and Nursing of Persons in Homes and Private Households (Home Ordinance, HO),

x. Ordinance of February 8, 2006 on Cantonal Educational and Socio-educational Institutions of the Directorate of Health, Social Affairs, and Integration (Educational and Social Institutions Ordinance, ESIO),

y. Government Council Resolution of December 10, 2003 Regarding the Accession of the Canton of Bern to the Intercantonal Agreement for Social Institutions (IASI),

z. Cantonal Animal Epidemics Ordinance of November 3, 1999 (CAEO).

1. The Ordinance of November 29, 2000, on the Organization and Duties of the Directorate of Health, Social Affairs, and Integration (Organizational Ordinance GSI, OrV GSI)[[40]] is hereby repealed.

1. This regulation shall enter into force on August 1, 2021.