Montanez-Allman et al v. Garcia-Padilla et al

Filing 36

OPINION AND ORDER re 12 Amended Complaint granting Plaintiff Montanez's request for preliminary injunction on Fourteenth Amendment grounds. Signed by Judge Juan M. Perez-Gimenez on 10/18/2013. (Attachments: # 1 Exhibit Cert. Trtans. Reorganization Plan 01-2011, # 2 Exhibit Cert. Trans. Guzman v Calderon, # 3 Exhibit Cert. Trans. Santana v Calderon)(PMA)

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Plan No. 1 of the year 2011
(House Substitute for
Reorganization Plan No. 1 of 20 10)
(Conference)
Reorganization Plan of Advocates' Offices
Reorganization Plan No. 1
JUNE 22, 2011
ADVOCATES' OFFICES
To create the Office of the Healthcare Advocate; the Advocate's Office for Pensioners and the
Elderly; the Advocate's Office for Persons with Disabilities; the Office of the Veterans'
Advocate, as well as the Advocate Office Administration ("AOA"), as the advocacies
administrative component; to repeal Act No. 2 of September 27, 1985, as amended; to repeal
Act No. 57 of June 27, 1987, as amended; to repeal Act No. 11 of April 11, 2001, as
amended; and to repeal Act No. 203 of August 7, 2004; to amend Act No. 203 of December
14, 2007, as amended; and for other related purposes.
CHAPTER I
INITIAL PROVISIONS
Article 1.- Title of this Plan.
This Plan shall be known as the "Advocate Office Reorganization Plan." Article 2.Article 2.- Statement of Public Policy.
This Reorganization Plan hereby proposes the creation of the Office of the
Healthcare Advocate; the Advocate's Office for Pensioners and the Elderly; the Office of the
Veterans' Advocate; the Advocate's Office for Persons with Disabilities, as well as the Advocate
Office Administration that shall be the body under which all the administrative powers, functions, and
duties of the abovementioned advocates' offices shall be consolidated. Said Office shall have the
responsibility of providing administrative services to the Advocates' Offices and promoting an
organizational structure of the Advocates' Offices that enables them to provide effective and excellent
services to the people, by employing their resources in an efficient and integrated manner.

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The creation of the AOA shall promote the efficient use of limited government resources,
guaranteeing a better coordination, oversight, coherence, and effectiveness of the efforts of each
Advocate. With this change, we seek to integrate finances, human resources, procurement,
information technology, filing of complaint, processing and notice, and other offices rendering similar
services in each Advocate's Office. All this, to safeguard the particular responsibility of each
Advocate's Office and to protect their clientele and their independent judgment. Consequently, each
Advocate shall be able to focus his/her knowledge and expertise to directly address the issues that
afflict the population represented by him/her—by freeing the time devoted mostly to administrative
issues— to directly impact the services rendered by them. These changes shall generate savings in
terms of proceedings and the budget which shall result in more and better resources so as to provide
direct services to the people.
This Plan creates the Office of the Healthcare Advocate as the body in the Executive Branch
responsible for addressing and finding solutions to the problems, needs, and claims of the patients of
the Health Reform, Medicare, and Medicaid, who receive medical-hospital services from health
services providers and from the State Insurance Fund Corporation, the Automobile Accidents
Compensation Administration, and any other public or private body, or health service provider
retained by them, that receives or administers funds of the Government of Puerto Rico and the
Government of the Unites States of America to provide health services. In addition, the Office of the
Healthcare Advocate shall oversee compliance with the Bill of Rights and Responsibilities of the
Patient established by Act No. 194 of August 25, 2000, as amended.
Furthermore, the Advocate's Office for Pensioners and the Elderly shall be charged with the
responsibility of addressing and finding solutions for the problems, needs, and claims of every
pensioner, participant and/or beneficiary of the different government retirement systems, as well as of
the elderly in areas such as education, financial planning, health, employment, civil and political
rights, social, labor, and tax legislation, housing, transportation, recreation, culture, and other
entrusted to it by the AOA. Said Office shall be the body in charge of overseeing the implementation
and enforcement by agencies and private entities of the public policy set forth in Act No. 121 of July
12, 1986, as amended, better known as the "Bill of Rights for Aged Persons," and any legislation that
conforms to the public policy established by virtue of Public Law No. 89-73 of July 14, 1965, as
amended, known as the "Older Americans Act of 1965," with regard to that sector of the population.
This Plan also has the purpose of creating the Office of the Veterans' Advocate as the body of
the Executive Branch entrusted with, among other functions as provided in this Plan, the
responsibility of handling and investigating the claims and protecting the rights of veterans in Puerto
Rico. Said Office shall be the body in charge of overseeing the implementation and enforcement by
agencies and private entities of the public policy set forth in Act No. 203 of December 14, 2007, as
amended, better known as the "Bill of Rights of the Puerto Rican Veteran for the 21st Century." In
addition, the Office of the Veterans' Advocate shall have the duty to establish and implement a
program to provide assistance, orientation, and advice to veterans on their rights and those of their
families; and to coordinate services needed by them with the corresponding agencies.
Additionally, this Plan has the purpose of creating the Advocate's Office for Persons
with Disabilities, as the body of the Executive Branch entrusted with, among other functions
as provided in this Plan, the responsibility of addressing and investigating the claims of
persons
with
disabilities
in
areas
such
as

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education, health, employment, freedom of enterprise, civil and political rights, social, labor, and tax
laws, housing, transportation, recreation, environmental protection and culture, among others. The
Advocate's Office for Persons with Disabilities shall have the duty to establish and operate a program
to provide orientation and advice for the protection of persons with disabilities. Also, this Office shall
foster the integration of persons with physical, mental, and sensory impairments in programs for the
conservation, education, and preservation of the environment instituted in the agencies and
instrumentalities of the Government of Puerto Rico.
It is the public policy of this Administration to strengthen and broaden the powers, functions,
and duties of the Advocates' Offices to oversee, educate, coordinate services, and defend the rights of
the populations represented by them, thus emphasizing on the responsibilities of the corresponding
agencies and entities to provide direct, fair, and quality services to the abovementioned populations
with the respect they deserve.
Lastly, an Advisory Council is hereby created for each Advocate's Office. Said Councils shall
have the power and duty to advise every Advocate and the Administrator with regard to the
development of strategies, planning, and adoption of policies for the protection of the different sector
of the population serviced by them, among other matters.
Article 3.- Definitions.
For the purposes of this Plan, the following terms shall have the meanings stated below:
(a)
Administrator: the Administrator of the Advocate Office Administration.
(b)

Agency: Any entity, department, secretariat, board, commission, division, bureau,
office, public or quasi-public corporation, institution, government instrumentality of
the Executive Branch and the municipalities of Puerto Rico, and any official,
employee or member of said branch or of the municipalities when discharging his/her
official duties, except:
1.

The Office of the Governor;

2.

Property Registrars in all that pertains to their qualifying functions.

3.

The University of Puerto Rico in all that pertains to its teaching duties; and

4.

The Secretary of State when performing his/her duties as Deputy Governor
and other functions as Acting Governor.

(c)

Insurer: any person or entity that assumes a contractual risk in consideration of or in
exchange for payment of a premium and duly authorized by the Insurance
Commissioner to do business as such in Puerto Rico.

(d)

Beneficiary: any person that receives any pension or benefit from the different public
and/or private retirement systems or the Social Security Administration.

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(e)

Advisor(s): member(s) of the Advisory Council of each Advocate Office.

(f)

Advisory Council: the Advisory Council of each Advocate's Office created by this
Plan.

(g)

Insuring Entity: a health services organization authorized pursuant to Chapter XIX of
the Insurance Code of Puerto Rico, or an insurer authorized to underwrite insurance
as defined in Article 4.030 of said Code, as well as any nonprofit mutual aid or
assistance partnership or association, founded in Puerto Rico before April 11, 1899.

(h)

Private Entity: any association, partnership, federation, institute, entity or juridical
person.

(i)

AOA: the Advocate Office Administration, created under this Plan.

(j)

Patient: includes a person who is or shall be subject to obtain treatment for his/her
health, whether for a physical or mental condition, and seeks or is examined by a
health professional in order to obtain information on how to stay healthy; to obtain a
diagnosis for his/her health condition; or to obtain treatment for a disease or injury,
including diagnosis or preventive treatment for the early detection of possible
diseases or for preventing complications of those already diagnosed and for
prolonging the life and the quality of life of any patient whose condition has already
worsened, regardless of whether or not he/she is a participant or beneficiary of a
public or private Health Care Plan.

(k)

Participant: any person that is considered an active participant of the different public
and/or private retirement systems.

(l)

Pensioner: any person that receives a pension for services rendered, for disability or
age, as provided by each one of the different public and/or private retirement systems
and/or who is a beneficiary of the Social Security Administration.

(m)

Person with Disabilities: any person who has a physical, mental or sensory
impairment that substantially limits one or more of the essential activities of his/her
life or who has a medical history or record of a physical, mental or sensory disability.

(n)

Elderly Person: any person of sixty (60) years of age or older.

(o)

Plan: the Advocate Office Reorganization Plan.

(p)

Advocates: the Healthcare Advocate, (b) the Advocate for Pensioners and the
Elderly; (c) Advocate for Persons with Disabilities; (d) the Veterans' Advocate in
Puerto Rico.

(q)

Advocates' Offices: the Office of the Healthcare Advocate; the Advocate's Office for
Pensioners and the Elderly; the Office of the Veterans' Advocate; and the Advocate's
Office for Persons with Disabilities created under this Plan.

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(r)

Provider: means any person or entity authorized by the laws of Puerto Rico to render
or provide healthcare services in Puerto Rico.

(s)

Social Security: refers to that which is provided in Chapter 531, 49 Stat. 620 of the
Federal law enacted on August 14, 1935, known as the "Social Security Act,"
including the regulations and requirements approved thereunder, as such Act has
been and shall be amended, from time to time.

(t)

Veteran: any person who is a bona fide resident of Puerto Rico and who has served in
the Armed Forces of the United States of America and has been discharged as such
under honorable conditions.
CHAPTER II
ADVOCATE OFFICE ADMINISTRATION
Article 4.- Creation of the Advocate Office Administration.

The Advocate Office Administration (AOA) is hereby created to provide the Advocates'
Offices with any necessary administrative services in an integrated manner. It shall also develop an
organizational structure that allows Advocates' Offices to render services to the people in an
integrated manner in accordance with the powers and duties of the Administrator as provided in this
Plan.
Said Office shall render its services to the following Advocates' Offices:
1.

Healthcare;

2.

Pensioners and the Elderly;

3.

Persons with Disabilities; and

4.

Veterans.

The AOA shall be managed by an Administrator, pursuant to the provisions
of this Plan and the bylaws approved by the Administrator for the internal operations thereof.
Article 5.- Appointment of the Administrator.
The Administrator shall be appointed by the Governor, with the advice and consent of the
Senate, and shall hold office for a term of five (5) years, or until his/her successor is appointed and
takes office.
The Administrator shall be of legal age and be of renowned professional capability, moral
probity, knowledge and experience in the field of public administration and/or government
management. No person who holds an elective office during the term for which he/she was elected
shall be appointed as Administrator. The Administrator shall discharge his/her duties on a

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full-time basis and his/her salary shall be fixed by the Governor, pursuant to the customary standards
of the Government of Puerto Rico for equal or similar positions.
The Governor, after notice and hearing, may declare a vacancy in the position of the
Administrator, if the former determines that the latter is fully and permanently impaired or has been
negligent in discharging the duties of the office or has incurred in misconduct. In the case of a
vacancy in the position of Administrator, the Governor shall designate the person who shall discharge
the duties of the office temporarily until the successor is appointed and takes office.
Article 6.- Powers and Duties of the Administrator.
The Administrator shall have the following powers and duties, in addition to any others as
provided in this Plan:
(a)

To plan, organize, and direct all matters and operations related to human resources,
contracting of services, budget appropriation, acquisition, use and control of
equipment, communications media and technology, press, materials and property,
reproduction of documents and other materials; and any other matters and
transactions related to the internal management and governance of the AOA and the
Advocates' Offices;

(b)

To determine the internal organization of the AOA and create an integrated structure
for the Advocates' Offices, by establishing the necessary systems for their proper
operations.

(c)

To appoint any AOA personnel as necessary to attain the purposes of this Plan. The
Administrator of the AOA shall be an individual administrator, in accordance with
Act No. 184 of August 3, 2004, as amended, known as the "Public Service Human
Resources Administration Act of the Commonwealth of Puerto Rico," and shall
contract the services of contractors and experts as necessary to fully comply with the
duties imposed on him/her in this Plan;

(d)

To transact, receive, draw up, and execute budget controls and guarantee that the
funds obtained through Federal or Commonwealth legislative appropriations, and
transfers, assignments, contributions, and donations received for the operations of the
AOA and the Advocates' Offices are used in accordance with the purposes of and
delegations made under this Plan. The available funds shall be accounted and
administered according to the approved programmatic structure, the execution of
which shall follow the control measures established by the AOA and subject to the
laws that regulate the use of public funds, the norms or rules by virtue of which the
AOA or the Advocates' Offices shall receive them, pursuant to the regulations
adopted by the Administrator to such purposes;

(e)

To receive any personal property from public agencies on loan, for usufruct or as a
donation, and hold, administer, and use them to discharge the functions provided in
this Plan;

(f)

To establish by itself or through agreement with public or private entities, a plan for
the creation of regional offices where the services of the AOA or the Advocates'
Offices shall be integrated, to facilitate and promote the people's access to the

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services offered by them. The Administrator shall promote the execution of
collaboration agreements with the government and the private sector including,
without it being construed as a limitation, agreements with the municipal
governments, entities, and corporations and with nongovernmental entities and
organizations, when these agreements facilitate the exercise of the responsibilities
delegated onto the Administrator and the Advocates without impairing their
independent judgment;
(g)

To represent the AOA and each one of the Advocates' Offices in any Commonwealth
or Federal judicial or administrative proceeding;

(h)

To revise, consolidate, and approve regulations for his/her organization as a whole
except for those related to the particular duties of the Advocates' Offices and in
accordance with the provisions of this Plan. He/she shall also approve, new
regulations in order to eliminate duplication, strengthen coordination and follow-up
duties, promote the integration and interaction of programs and services, and other
measures to attain greater efficiency and effectiveness in the administration of
government resources and service rendered. The regulations adopted by the
Administrator shall be subject to the provisions of Act No. 170 of August 12, 1988,
as amended, known as the "Uniform Administrative Procedures Act of the
Commonwealth of Puerto Rico";

(i)

To establish as part of the office's structure, an area or program whereby the
population serviced by each Advocate's Office shall be able to canalize complaints or
claims in the event their rights are violated, or for inaction by the agencies, or to
serve as liaison between them and the agency concerned.

(j)

To refer the claims brought by citizens before the AOA to the attention of Advocates
for their evaluation and adjudication, in accordance with the jurisdiction established
under this Plan; and

(k)

To prepare, with the collaboration of the Advocates, the annual consolidated budget
request for the AOA, and for each one of the Advocates' Offices, and submit the
same to the Office of Management and Budget.

Article 7.- Notice of Complaints and Grievances.
(a)

Any notice of decisions reached with respect to complaints, grievances, and
investigations that have been handled by the Advocates shall be made through the
AOA. The Administrator shall establish the procedures that shall apply to all
Advocates' Offices to ensure full compliance with the foregoing.

(b)

As part of the procedures to be adopted by the Administrator, there shall be required
that notice be issued to the claimant about the decision of whether or not the
investigation shall be conducted or of discontinuing the investigation with respect to
the complaint or grievance filed and the grounds therefor.

Whenever an Advocate's Office decides to initiate an investigation, the AOA
shall notify the agency under investigation thirty (30) days earlier, except when the
nature
of
the
investigation
warrants
that

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notice not be issued immediately. In these cases, the notice shall be issued as soon as the
confidentiality requirements of the investigation so allow.
Article 8.- Procedure to be Followed After Conducting an Investigation or Adjudication.
(a)

Once an investigation or adjudication conducted by the Advocates' Offices
concludes, the Administrator shall notify the claimant agency, municipality or private
entity about the determination and recommendations adopted by the Advocates.

(b)

Among the determinations and recommendations that may be made by the Advocates
are the following:
1.

That the agency, municipality or private entity concerned further consider the
issue under investigation; or

2.

That the grounds that justify the administrative act or action be stated.

(c)

Once the foregoing is notified, the Advocate shall grant the agency, municipality or
private entity concerned thirty (30) days to act according to the determination and
notify the Advocate on the action taken in connection with said determination or
recommendations.

(d)

The Administrator shall also notify the claimant or aggrieved party about the actions
taken by the Advocates' Offices and of those taken by the claimant agency,
municipality or private entity.

Article 9.- Duties, Fees and Charges to Executive Branch and Municipal Agencies.
No duties, fees or taxes whatsoever shall be charged for filing, processing, and investigating
claims brought by private individuals, groups or juridical entities before the AOA.
However, the Administrator may collect reasonable charges to defray the expenses incurred
by the AOA or Advocates' Offices for printing educational material to be distributed to the people,
photocopying requested documents, carrying out educational and training activities, and related
matters. Government agencies and instrumentalities may be exempt from these charges, as provided
in the bylaws of the AOA.
CHAPTER III
CREATION OF THE OFFICE OF THE HEALTHCARE ADVOCATE
Article 10.- Creation of the Office.
The Office of the Healthcare Advocate is hereby created as the body in the Executive Branch,
entrusted with, among other duties as provided in this Plan, handling and investigating the claims of
patients in connection with medical employment, civil and political rights, social, labor, and tax laws,
housing, transportation, recreation, culture, and others as referred by the AOA. Likewise, it shall be
responsible for establishing and implementing a program to provide assistance, education, orientation,
and advice to protect the rights of patients; for overseeing compliance with the

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Bill of Rights and Responsibilities of the Patient established by Act No. 194 of August 25, 2000, as
amended; and for coordinating with the corresponding entities the necessary services to be provided
to insured patients, users, and consumers of medical-hospital services in Puerto Rico.
Article 11.- Appointment of the Healthcare Advocate.
The Healthcare Advocate shall be appointed by the Governor, with the advice and consent of
the Senate and shall hold office for a term of ten (10) years, or until his/her successor is appointed and
takes office.
The Healthcare Advocate shall be a health professional of legal age, and be of renowned
capability, moral probity, and knowledge in his/her field. No person who is holding an elective office
during the term for which he/she was elected shall be appointed as Healthcare Advocate. The
Healthcare Advocate shall have autonomy in his/her actions concerning to programmatic aspects and
shall discharge his/her duties on a full-time basis, except in the case that the Advocate's medical
specialty requires performing invasive procedures to keep abreast of the necessary skills required for
the specialty. In this case, the Advocate may practice medicine limited to a maximum of five hundred
(500) hours annually.
The salary of the Healthcare Advocate shall be fixed by the Governor, according to the
customary standards of the Government of Puerto Rico for equal or similar offices. The Healthcare
Advocate who practices medicine in a limited manner, as provided herein, may receive an additional
compensation, which shall not exceed thirty-five percent (35%) of his/her total annual salary.
The Governor, after notice and hearing, may declare a vacancy in the position of the
Healthcare Advocate, if the former determines that the latter is fully and permanently impaired or has
been negligent in discharging the duties of the office or incurred misconduct.
In the event of illness, disability or temporary absence of the Healthcare Advocate or if by
any reason the position of Healthcare Advocate becomes vacant, the Governor shall designate the
person to assume the functions of the Healthcare Advocate, until a successor is officially appointed
and takes office or until the term of the appointment of his/her predecessor expires, whichever comes
first.
Article 12.- Functions and Duties of the Office.
The Office shall have the following duties and functions, in addition to any other as provided
in this Plan:
(a)

To promote and conduct studies and research, as well as collect and analyze statistics
on the status of patients, and to analyze any factors impairing the rights of these
persons;

(b)

To oversee compliance with the public policy set forth in this Plan, to ensure that the
medical services offered are of the highest quality and based on the needs of the
patient, and to guarantee that patients are treated with dignity, fairness, and respect
while receiving the services rendered by the Office.

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(c)

To oversee the services rendered by health service providers to the patients of the
Health Reform, Medicare and Medicaid, including those rendered by the State
Insurance Fund Corporation, the Automobile Accidents Compensation
Administration, and any other public or private body, or health service provider
retained by them that receives or administers funds of the Government of Puerto Rico
and the Government of the Unites States of America to provide health services,
including collecting and publishing statistics on the availability and quality of health
services in Puerto Rico;

(d)

To keep an ongoing review and evaluation of the activities conducted by the agencies
and private entities to prevent violations of the rights of patients and enable
systematic consultation processes with private entities and nongovernmental
agencies, for the purpose of guaranteeing that the activities carried out by the Office
always address their needs.

(e)

To coordinate efforts to educate patients on the rights and any other matters related to
them and to conduct orientation and educational campaigns throughout the island on
the problems that afflict these persons;

(f) To receive and use funds originating from legislative appropriations, transfers,
assignments, contributions, and donations of any kind received from agencies,
municipal governments, the Government of the United States as well as from private
persons, nongovernmental organizations, and other private entities to draw up and
implement public education and information projects and programs to be carried out
by the Office, agencies, nongovernmental entities and organizations or the civil
society. The funds thus received shall be administered by the AOA, subject to the
laws that regulate the use of public funds, legal standards, rules or agreements.
Furthermore, the Office may receive from agencies any personal property on loan,
usufruct, or donation and may hold and use it to discharge the functions established
in this Plan.
Article 13.- Powers and Duties of the Advocate.
In order to meet the purposes of this Plan, the Advocate shall have the following powers and
duties:
(a)

(b)

(c)

To advise the Governor and the Legislative Assembly regarding any legislation
he/she deems pertinent for the effective development of the public policy set forth in
this Plan and the rights that the Constitution of the United States of America, the
Constitution of the Government of Puerto Rico, and Federal and local laws recognize
for patients, as well as to ensure that the public policy, initiatives, statements, and
projects specially geared to these persons be evaluated and implemented with a
vision that predicates on integration and respect;
To appoint personnel to the Advocate's Office needed to achieve the purposes of this
Plan, through the recruitment process as determined by the Administrator, in
accordance with Act No. 184 of August 3, 2004, as amended, known as the "Public
Service Human Resources Administration Act of the Commonwealth of Puerto
Rico," excepting from said power, administrative and other areas germane to the
functions of the AOA.
To adopt rules and regulations needed to implement projects and programs to be
adopted by the Advocate to educate and inform the sector of the population serviced
by the Advocate's Office and to discharge the functions expressly delegated to

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him/her by virtue of this Plan. The adopted regulations shall not modify any
regulations adopted by the Administrator to regulate the operations of the AOA;
(d)

To foster agreements or arrangements with the agencies of the Government of Puerto
Rico and the Government of the United States of America to coordinate assistance
services for patients, so as to ensure the protection of their rights, and to administer
any programs or funds appropriated to such purposes;

(e)

To organize and establish a program to conduct investigations in connection with the
grievances and complaints referred to him/her by the AOA, according to his/her
jurisdiction; to obtain any pertinent information;

(f)

To conduct investigations, on his/her own initiative or in connection with the
complaints investigated by him/her; to obtain any pertinent information; hold
administrative hearings; to hold mediation meetings, and to conduct on-site
inspections.

(g)

To administer oaths and take statements on his/her own or through his/her authorized
representatives;

(h)

To inspect the records, inventories, documents, and facilities of the agencies or
private entities subject to the provisions of this Plan and other laws under his/her
administration and jurisdiction which are deemed to be relevant for an investigation
or complaint under his/her consideration.

(i)

To summon witnesses to appear and testify, require the presentation or reproduction
of any papers, books, documents or other evidence pertaining to an investigation or
complaint under his/her consideration, as provided in Act No. 27 of December 8,
1990, known as the "Act for the Proceedings and Granting of Immunity to Witness
Act."
Whenever a duly summoned witness fails to appear to testify or furnish any
required evidence, or refuses to answer any question in relation to an investigation
conducted, pursuant to the provisions of this Act, the Advocate may resort to any part
of the Court of First Instance of Puerto Rico to compel attendance, testimony or
reproduction of the requested evidence, as the case may be. The Secretary of Justice
may provide the Advocate with any necessary legal aid to such purposes.
No natural or legal person shall refuse to comply with a summons duly
issued by the Advocate or his/her authorized representative, and
subscribed/undersigned by the Administrator, or refuse to produce any required
evidence,
to
answer
any
question
in
connection
with
any

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matter under investigation by the Advocate or to comply with a court order issued to
such purposes.
(j)

To appear, in representation of the population serviced by the Advocate according to
his/her jurisdiction that qualifies to obtain benefits under any pertinent Federal or
Commonwealth laws or regulations, before any forum, court, board, commission or
Federal or Commonwealth agency to address any matter or proceeding that may
affect the interests, rights, and privileges of these persons;

(k)

To initiate, in his/her discretion, before courts, administrative forums and
instrumentalities and political subdivisions of the Government of Puerto Rico, on
his/her own behalf or in representation of the interested party, any actions, whether
individual or class action, he/she deems pertinent to handle any violation of the
provisions of this Plan;

(l)

To establish and carry out a program to provide orientation and advise to the
population serviced by the Advocate about their rights and the programs, services,
and benefits available to them;

(m)

To settle and adjudicate complaints in connection with actions and omissions that
impair the rights of patients, deny them benefits and opportunities that are rightfully
theirs and that affect benefit programs; and to provide any pertinent remedies in
accordance with the body of laws in effect, as well as to direct any natural or legal
person or any agency that denies, curtails, violates or impairs the rights and benefits
of patients to take corrective action.

(n)

To provide advice, technical assistance, and professional services to agencies and
private entities that so request in order to improve the services rendered by them and
meet any operational requirement established by law or regulation; and

(o)

To submit a budget request for each fiscal year through the AOA, to the Office of
Management and Budget to be appropriated by virtue of any local or Federal laws.

Article 14.- Investigation of Complaints.
Any complaint filed pursuant to the provisions of this Plan shall be processed as provided by
the Advocate through regulations.
Article 15.- Jurisdiction.
The Advocate shall have the jurisdiction established under this Plan to investigate any
actions, unreasonable delays or omissions by the agencies, municipalities or private entities with
respect to the quality of the medical services provided, based on the needs of patients and guarantee
that patients are treated with dignity, fairness, and respect while receiving the services rendered by the
Office. Furthermore, the Advocate shall oversee the services rendered by health services providers to
the patients of the Health Reform, Medicare and Medicaid, including the State Insurance Fund
Corporation, the Automobile Accidents Compensation Administration, and any other public or
private
body,
or
health
service
provider
retained
by
them

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that receives or administers funds of the Government of Puerto Rico and the Government of the
Unites States of America, to provide health services, including collecting and publishing statistics on
the availability and quality of health services in Puerto Rico. Likewise, he/she shall oversee
compliance with the Bill of Rights and Responsibilities of the Patient established by Act No. 194 of
August 25, 2000, as amended.
Provided, however, that the Office of the Healthcare Advocate shall not investigate or process
claims, on its own behalf or in representation of citizens, under the following circumstances:
a)

When there is a proper legal remedy to redress the claimed grievance, offense or
injustice that prompted the claim;

b)

When the claim refers to a matter outside the scope of jurisdiction of Advocates'
Offices;

c)

When the claimant does not show personal interest in the claim or voluntarily
withdraws the complaint or grievance;

d)

When the claim, on its face, is frivolous or made in bad faith; or

e)

When the claim is being investigated or heard at another agency and the efforts of the
Advocate's Office would constitute a duplication of the investigation and
adjudication proceedings.

However, if a claimant voluntarily withdraws a complaint or grievance, the Advocate's Office
may proceed with the investigation or complaint when it is determined that the action involved is a
matter for a remedy that is independent from the claimant's claim and when it seems to be:
a)

contrary to this or other law or regulations;

b)

unreasonable, unfair, arbitrary, offensive or discriminatory;

c)

based on a mistake of fact or on irrelevant or improper grounds;

d)

unsupported by an adequate statement of reasons when the law or regulations so
require; or

e)

made erroneously or inefficiently.

However, the Advocate shall not have the power to investigate or file claims when the matter
under investigation or that prompted the complaint has been heard in a Court or an agency with
competence, and has been decided by final and binding adjudication.
Article 16.-Notice.
The Advocate shall notify the claimant through the AOA about his/her decision to investigate
the facts stated in the complaint and, on the same date in which the corresponding notice is issued, the
Advocate shall notify the agency or private person or entity, as the case may be, with a

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statement of facts alleged in the complaint and a citation of the law that empowers him/her to conduct
such investigation.
Furthermore, the Advocate shall notify the claimant, as necessary, about his/her decision not
to investigate, stating the grounds therefor and appraising the claimant on his/her right to request
reconsideration and review of such determination. In all instances in which the Advocate decides to
initiate an investigation, he/she shall so notify to the agency concerned, except when the nature of the
investigation does not require that notice be issued immediately, in which case, such notice shall be
issued as soon as the confidentiality of the investigation so allows.
CHAPTER IV
CREATION OF THE ADVOCATE'S OFFICE
FOR PENSIONERS AND THE ELDERLY
Article 17.—Creation of the Office.—
The Advocate's Office for Pensioners and the Elderly is hereby created as the body in the
Executive Branch entrusted with, among other duties as provided in this Plan, handling and
investigating claims and protecting the rights of all pensioners, participants and/or beneficiaries of the
different public or private retirement systems, as well as the elderly, in areas such as education,
financial planning, healthcare, security, employment, civil and political rights, social, labor, and tax
laws, housing, transportation, recreation, culture, and others as referred by the AOA. Likewise, it
shall be responsible for establishing and implementing a program to provide assistance, orientation,
and advise to protect their rights, and for coordinating with the corresponding entities the necessary
services to be provided to them.
Said Office shall be the body entrusted with overseeing the implementation and compliance
by agencies and private entities with the public policy provided in Act No. 121 of July 12, 1986, as
amended, better known as the "Bill of Rights for Aged Persons," and any legislation that is consistent
with the public policy set forth under Public Law 89-73 of July 14, 1965, as amended, known as the
"Older Americans Act of 1965," in relation to this sector of the population.
It is hereby stated, further, that said Office shall be simultaneously conferred the powers,
functions, and duties of the Office of the Ombudsman for Aged Persons Residing in Long-Term Care
Establishments, as well as the corresponding position, as required and established under Public Law
89-73 of July 14, 1965, as amended, known as the "Older Americans Act of 1965."
Article 18.—Appointment of the Advocate for Pensioners and the Elderly.—
The Advocate for Pensioners and the Elderly shall be appointed by the Governor with the
advice and consent of the Senate and shall hold office for term of ten (10) years or until his/her
successor is appointed and takes office.

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The Advocate shall be of legal age and be of renowned capability, moral probity, knowledge,
and professional experience in his/her field. No person who holds an elective office during the term
for which he/she was elected shall be appointed as Advocate. The Advocate shall discharge the
functions of his/her office on a full-time basis and shall have autonomy in his/her actions concerning
programmatic aspects. The Governor shall fix the salary of the Advocate pursuant to the customary
standards of the Government of Puerto Rico for offices of equal or similar nature.
The Governor, upon notice and hearing, may declare a vacancy in the position of Advocate if
the former determines that the latter is fully and permanently impaired or has been negligent in
discharging the duties of his/her office or has incurred in misconduct. In the event of illness,
disability, temporary absence or if by any reason the position of the Advocate becomes vacant, the
Governor shall designate a person to assume the functions until a successor is officially appointed and
takes office or until the term of appointment of his/her predecessor expires, whichever comes first.
Article 19.—Functions and Duties of the Office.—
The Office shall have the following duties and functions, in addition to any other as provided
in this Plan:
(a) To conduct and promote studies and research, as well as to collect and analyze statistics
on the situation of pensioners and the elderly, and to analyze any factors impairing
the rights of these persons;
(b)

To oversee compliance with the public policy set forth in this Plan, to safeguard the
rights of pensioners, participants and/or beneficiaries, and the elderly; and to ensure
that public agencies comply with and adopt affirmative or corrective action
programs, to encourage private entities to incorporate such programs, as well as to
evaluate the programs that already exist, in order to achieve the integration of
pensioners and the elderly and to foster their participation in society;

(c)

To act as a representative or liaison before the Social Security Administration on
behalf of persons receiving Social Security pensions and/or benefits, in relation to the
rights that protect them, if so authorized;

(d)

To keep an ongoing review and evaluation of activities conducted by
nongovernmental agencies and entities to prevent violations of the rights of
pensioners and the elderly, and to enable any systematic consultation procedures with
government and nongovernmental entities, in order to ascertain compliance with laws
that protect the rights of pensioners and the elderly;

(e)

To coordinate efforts to educate the community and these sectors of the population
about the rights of pensioners and the elderly in areas such as financial planning,
healthcare, security, employment, civil and political rights, social, labor, and tax
laws, housing, transportation, recreation, culture, and all matters relating thereto, and
to conduct orientation and educational campaigns throughout the island about the
problems that afflict these persons;

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(f)

To offer, in coordination with the Human Resources Office of the Commonwealth of
Puerto Rico, skill building, sensitivity, orientation and educational campaigns to
public employees on the rights of the elderly;

(g)

To receive and use funds originating from legislative appropriations, transfers,
assignments, contributions, and donations of any kind received from agencies,
municipal governments, and the Government of the United States, as well as from
persons, nongovernmental organizations, and other private entities to draw up and
implement public education and information projects and programs, to be carried out
by the Office and by agencies, entities, and nongovernmental organizations or by
civilian society. The funds thus received shall be administered by the AOA, subject
to the laws that regulate the use of public funds, legal standards, rules or agreements.
Furthermore, the Office may receive from agencies any personal property on loan,
usufruct or donation and hold such property and use it to discharge the functions
provided in this Plan.

Article 20.—Powers and Duties of the Advocate.—
In order to meet the purposes of in this Plan, the Advocate shall have the following powers
and duties:
(a) To advise the Governor and the Legislative Assembly regarding any legislation he/she
deems pertinent for the effective development of the public policy set forth in this
Plan and the rights that the Constitution of the United States of America, the
Constitution of the Government of Puerto Rico, and Federal and local laws
recognized for pensioners and the elderly, as well as to ensure that the public policy,
initiatives, statements, and projects specially geared to these persons be evaluated and
implemented with a vision that predicates on integration and respect;
(b)

To initiate, on his/her discretion, before courts, administrative forums, and
instrumentalities and political subdivisions of the Government of Puerto Rico, on
his/her own behalf or in representation of the interested party, be it pensioners,
participants and/or beneficiaries and the elderly, individually or as a class, any such
actions as he/she deems pertinent to handle violations of the provisions of this Plan;

(c)

To organize and establish a program to conduct investigations with respect to the
grievances and complaints referred to his/her Office by the AOA, to obtain any
pertinent information, and conduct on-site inspections;

(d)

To appoint personnel to his/her Office as necessary to achieve the purposes of this
Plan, by any recruiting efforts conducted by the AOA pursuant to Act No. 184 of
August 3, 2004, as amended, known as the "Public Service Human Resources
Administration Act of the Commonwealth of Puerto Rico," excepting from said
power, administrative and other areas germane to the functions of the AOA;

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(e)

To adopt rules and regulations as necessary to implement projects and programs
adopted by the Advocate to educate and inform the sectors of the population serviced
by the Advocate's Office and to discharge the functions which are expressly
delegated to him/her by virtue of this Plan. The adopted regulations shall not modify
the regulations adopted by the Administrator to regulate the operations of the AOA;

(f)

To foster agreements or arrangements with the agencies of the Government of Puerto
Rico and the Government of the United States of America to coordinate assistance
services for pensioners and the elderly so as to ensure the protection of their rights
and to administer any programs or funds appropriated to such purposes;

(g)

To conduct investigations, either on his/her own initiative or in connection with the
complaints investigated by him/her, to obtain any pertinent information, to hold
administrative hearings, to hold mediation meetings, and to conduct on-site
inspections;

(h)

To settle and adjudicate complaints in connection with actions and omissions that
impair the rights of the elderly and/or pensioners, that deny them the benefits and
opportunities that are rightfully theirs, and that affect benefit programs; and to
provide any pertinent remedies under the body of laws in effect, as well as to direct
natural or legal persons or any agency that denies, curtails, violates or impairs the
rights and benefits of the elderly to take corrective actions. This Sub-Article shall
likewise apply to elderly persons and/or pensioners who live in long-term care
establishments and to any provider that render services to the elderly and/or
pensioners in such establishments which infringe the rights guaranteed for these
citizens as provided for in Act No. 121 of July 12, 1986, as amended, known as the
"Bill of Rights of Elderly Persons";

(i)

To inspect the records, inventories, documents, and facilities of agencies or private
entities whenever pertinent and necessary in connection with an investigation or a
complaint before the AOA or under his/her consideration. In observance of the
foregoing, the Advocate and his/her representatives or the AOA shall have access to
inspect any existing document or register at long term care establishments, together
with social and medical care track records relating to the elderly residing in their
facilities, except if any such elderly, either on his/her own initiative or through
his/her guardian or legal representative, objects such inspection. The person in charge
of the establishment may also be required to present documents that prove
compliance with requirements such as licensing and certificates issued by agencies or
private entities that guarantee that the elderly are being tended to and cared for by
personnel certified to provide such services;

(j)

To appear, in representation of the population serviced by the Advocate according to
his/her jurisdiction that qualifies to obtain benefits under any pertinent Federal or
Commonwealth laws or regulations, before any forum, court, board, commission or
Federal or Commonwealth agency to address any matter or proceeding that may
affect the interests, rights, and privileges of these persons;

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(h)

To administer oaths and take statements on his/her own or through his/her authorized
representatives;

(i)

To summon witnesses to appear and testify, require the presentation or reproduction
of any papers, books, documents or other evidence pertaining to an investigation or
complaint under his/her consideration, as provided in Act No. 27 of December 8,
1990, known as the "Act for the Proceedings and Granting of Immunity to Witness
Act."
Whenever a duly summoned witness fails to appear to testify, or to furnish
any required evidence, or refuses to answer any question in connection with an
investigation conducted pursuant to the provisions of this Act, the Advocate may
resort to any part of the Court of First Instance of Puerto Rico to compel attendance
or testimony or reproduction of the requested evidence, as the case may be. The
Secretary of Justice may provide the Advocate with any legal assistance as necessary
for such purposes.
No natural or legal person shall refuse to comply with a summons duly
issued by the Advocate or his/her authorized representative and undersigned by the
Administrator, or refuse to reproduce any required evidence, or refuse to answer any
question in connection with any matter under investigation by the Advocate, or refuse
to comply with a court order issued to such purposes;

(j)

To establish and carry out a program to provide orientation and advice to the
population serviced by the Advocate about their rights, and the programs, services,
and benefits available to them;

(g)

To provide advice, technical assistance, and professional services to any agencies and
private entities that so request, in order to improve the services rendered by them and
to meet any operational requirements provided by law or regulations; and

(h)

To submit a budget request for each fiscal year to the Office of Management and
Budget through the AOA, to be appropriated thereto by virtue of any local or Federal
laws.

Article 21.—Investigation of Complaints.—
Any complaint filed pursuant to the provisions of this Plan shall be processed in such manner
as provided by the Advocate through regulation.
Article 22.—Jurisdiction.
The Advocate shall have such jurisdiction as provided in this Plan to investigate any
actions, unreasonable delays or omissions by agencies, municipalities or private entities as
pertains to the rights of pensioners, participants and/or beneficiaries, as well as of any
pensioners, participants and/or beneficiaries of annuities or retirement plans from the private
business sector, and of the elderly. Furthermore, the Advocate may oversee compliance with
the public policy set forth in this Plan, and to safeguard the rights of pensioners, participants
and/or beneficiaries, and the elderly; and ensure that agencies and private entities

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comply with and adopt affirmative or corrective action programs, as well as evaluate already existing
programs, in order to achieve the integration of pensioners and the elderly and foster their
participation in society. He/she shall likewise oversee observance of the rights guaranteed for these
citizens as provided for in Act No. 121 of July 12, 1986, as amended, known as the "Bill of Rights of
Elderly Persons."
It is hereby provided, however, that the Advocate's Office for Pensioners and the Elderly
shall not investigate or process, either on his/her initiative or in representation of citizens, any claims
under the following circumstances:
(a)

When there is a proper legal remedy to redress the grievance, offense or injustice that
prompted the claim;

(b)

When the claim refers to a matter outside the scope of jurisdiction of Advocate's
Offices;

(c)

When the claimant does not show a personal interest in the claim or when he/she
voluntarily withdraws the complaint or grievance;

(d)

When on its face, the claim is frivolous or has been made in bad faith; or

(e)

When the claim is being investigated or heard at another agency and the efforts of the
Advocate's Office would constitute a duplication of the investigation or adjudication
proceedings.

However, if a claimant voluntarily withdraws a complaint or grievance, the Office may
proceed with the investigation or complaint when it is determined that the action involved is a matter
for a remedy that is independent from the claimant's claim and when it seems to be:
(a)

contrary to this or other laws or regulations;

(b)

unreasonable, unfair, arbitrary, offensive or discriminatory;

(c)

based on a mistake of fact or on irrelevant or improper motives;

(d)

unsupported by an adequate statement of reasons when so required by law or
regulation; or

(e)

made erroneously or inefficiently.

The Advocate shall not have the power, however, to investigate or file claims when the
matter under investigation or that prompted the claim has been heard in a Court or an agency with
competence and has been decided by final and binding adjudication.
Article 23.—Notice.
The Advocate shall notify the claimant through the AOA about his/her decision to investigate
the facts stated in the complaint, and on the same date in which the corresponding notice is issued, the
Advocate shall notify the agency, person or private entity, as the case may be, with a statement of the

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facts alleged on the complaint and a citation of the law that empowers him/her to conduct such
investigation.

Furthermore, the Advocate shall notify the claimant, as necessary, about his/her decision not
to investigate, stating the grounds therefor and apprising him/her of his/her right to request a
reconsideration and review of such determination. In all instances in which the Advocate decides to
initiate an investigation, he/she shall notify the agency concerned, except when the nature of the
investigation warrants that notice not be given immediately, in which case, such notice shall be issued
as soon as the confidentiality requirements of the investigation so allow.
CHAPTER V
OFFICE OF THE VETERAN'S ADVOCATE
Article 24.—Creation of the Office of the Veteran's Advocate.—
The Office of the Veteran's Advocate is hereby created as the body in the Executive Branch
entrusted with, among other duties as provided in this Plan, handling and investigating claims by
veterans in Puerto Rico and for safeguarding their rights in areas such as education, healthcare,
security, employment, civil and political rights, social, labor and tax laws, housing, transportation,
recreation, culture, and others as referred by the AOA. Likewise, it shall be responsible for
establishing and implementing a program to provide assistance, orientation, and advice to protect the
rights of veterans and their families, and for coordinating with the corresponding entities the
necessary services to be provided to veterans in Puerto Rico.
This Office shall be the body entrusted with overseeing the implementation and compliance
by agencies and private entities with the public policy provided in Act No. 203 of December 14,
2007, as amended, better known as the "Puerto Rican Veterans Bill of Rights for the 21st Century.
Article 25.—Appointment of the Veteran's Advocate.—
The Veteran's Advocate shall be appointed by the Governor with the advice and consent of
the Senate and shall hold office for a term of ten (10) years or until his/her successor is appointed and
takes office.
The Advocate shall be of legal age and he/she must have served actively or in the reserves of
the United States Armed Forces. The Governor may, without impairing his/her constitutional
prerogative, request and receive recommendations from the government sector and nongovernmental
groups that advocate for veterans' rights, about possible candidates for such office. He/she shall also
have renowned capability, moral probity, and knowledge in his/her field. No person who holds an
elective office during the term for which he/she was elected shall be appointed as Advocate. The
Advocate shall discharge the functions of his/her office on a full-time basis and have autonomy in
his/her actions concerning any programmatic aspects.
The Governor may, after notice and hearing, declare a vacancy in the position of the
Advocate, if the former determines that the latter is fully and permanently impaired or has been
negligent in discharging the duties of his/her office or has incurred in misconduct. In the event of
illness, disability, temporary absence or, if by any reason, the position of the Advocate becomes
vacant, the Governor shall designate a person to assume all functions until his/her successor is

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officially appointed and takes office or until the term of appointment of his/her predecessor expires,
whichever comes first.
Article 26.—Functions and Duties of the Office.—
The Office shall have the following duties and functions, in addition to others as provided in
this Plan:
(a)

To make any efforts as necessary and pertinent in the pursuit of a better, more
effective, fairer, and efficient application in Puerto Rico of all Federal and
Commonwealth laws on pensions, bonuses, and benefits of all kinds for veterans of
the United States Armed Forces and their families;

(b)

To enforce and oversee compliance with the provisions of Act No. 204 of December
14, 2007, as amended, known as the "Puerto Rican Veterans Bill of Rights for the
21" Century," regulations enacted thereunder, and any other laws and regulations to
be approved in the future for the benefit of Puerto Rican veterans and their families;

(c)

To take any such measures as necessary for the speedy investigation of claims of
veterans and their families at the United States Veterans Administration with offices
in Washington, D.C., the Social Security Administration, and its local and regional
offices. For such purposes, the Office may obtain or provide or contract legal,
medical or technical services or appear on behalf and in representation of veterans
and their families if they qualify to receive benefits under any pertinent Federal laws
before any forum, Commonwealth or Federal court, board or commission,
administrative entity, department, office or agency of the Government of Puerto Rico
in any hearing, proceeding or matter that affects or could affect the interests, rights
and benefits of these persons;

(d)

To conduct, either by itself or in coordination with other agencies, any such studies
as necessary on problems concerning education, employment, housing, and other
problems that affect or are relative to veterans in Puerto Rico, their widows, and their
children; and to prepare for and recommend to the Legislative Assembly of Puerto
Rico any such legislative measures as it may deem useful and necessary to assist
veterans and their families;

(e)

To establish and organize a program to conduct investigations in connection with
complaints and grievances filed with the AOA by veterans and their families, in cases
of inaction by public agencies or violations of their rights, and to be a liaison between
them and the agency concerned;

(f)

To establish and carry out an orientation and advisory plan concerning all programs,
services, and benefits to which veterans in Puerto Rico and their families are entitled,
and on the requirements, mechanisms, means, recourses or proceedings to obtain,
participate, and benefit from these and to enforce their rights;

(g)

To give, free of charge, a Puerto Rican flag to families of deceased veterans when the
flag is requested for use during the funeral services of veterans;
To conduct and foster studies and research, as well as to collect and analyze statistics
on the living conditions of veterans in Puerto Rico, and to analyze any factors
impairing their rights;

(h)

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(i)

To receive and use funds originating from legislative appropriations, transfers,
assignments, contributions, and donations of any kind received from agencies,
municipal governments, and the Government of the United States, as well as from
private persons, nongovernmental organizations, and other private entities to draw up
and implement public information and education projects and programs to be carried
out by the Office, agencies, nongovernmental women organizations and entities or
civil society. The available funds shall be evaluated and administered pursuant to the
programmatic structure as approved, to be carried out under control measures
established by the AOA, subject to laws that regulate the use of public funds, legal
standards, rules or agreements. Furthermore, the Office shall receive any personal
property from agencies on loan, for usufruct or as a donation, and hold such property
and use it to discharge the functions provided in this Plan.

Article 27.—Powers and Duties of the Advocate.—
In order to meet the purposes of this Plan, the Advocate shall have the following powers and
duties:
(a)

To advise the Governor and the Legislative Assembly regarding any legislation
he/she deems pertinent for the effective development of the public policy set forth in
this Plan and the rights that the Constitution of the United States of America, the
Constitution of the Government of Puerto Rico, and Federal and local laws recognize
for veterans and their families, as well as to ensure that the public policy, initiatives,
statements, and projects specially geared to these persons to be evaluated and
implemented with a vision that predicates on integration and respect;

(b)

To file, in his/her discretion, with courts, administrative forums, and instrumentalities
and political subdivisions of the Government of Puerto Rico, on his/her own behalf
or in representation of the interested party, be it veterans or their families,
individually or as a class, any such actions as he/she deems pertinent to handle
violations of the provisions of this Plan;

(c)

To organize and establish a program to conduct investigations in connection with the
grievances and complaints referred by the AOA, to obtain any pertinent information,
and to conduct on-site inspections;

(d)

To appoint personnel to his/her Office as necessary to achieve the purposes of this
Plan, through the recruitment process as determined by the AOA pursuant to Act No.
184 of August 3, 2004, as amended, known as the "Public Service Human Resources
Administration Act of the Commonwealth of Puerto Rico," excepting from said
power, administrative and other areas germane to the functions of the AOA;

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(e)

To adopt the rules and regulations as needed to implement projects and programs to
be adopted by the Advocate to educate and inform the sector of the population
serviced by the Advocate's Office and to discharge the functions expressly delegated
to him/her by virtue of this Plan. The adopted regulations shall not modify the
regulations adopted by the Administrator to regulate the operations of the AOA;

(f)

To foster agreements or arrangements with the agencies of the Government of Puerto
Rico and the Government of the United States of America to coordinate assistance
services for veterans and their families so as to ensure the protection of their rights
and to administer any programs or funds appropriated to such purposes.
Thus, the Office of the Veteran's Advocate is hereby designated as the
agency of the Government of Puerto Rico responsible for the administration of any
Commonwealth or Federal program that, due to its nature, purpose, and scope, is
relative to the functions entrusted to him/her under this Act. The Advocate shall be
responsible for entering into and transacting agreements or arrangements as
necessary in order for the Government of Puerto Rico to be able to receive any
Federal funds and benefits to carry out such programs;

(g)

To conduct investigations, either on his/her own initiative or in connection with
complaints under investigation, to obtain any such information as pertinent, to hold
administrative hearings, to hold mediation meetings, and to conduct on-site
inspections;

(h)

To settle and adjudicate complaints of veterans and their families in connection with
actions and omissions that impair the rights of veterans and their families, deny them
benefits and opportunities that are rightfully theirs and that affect benefit programs;
and to provide any pertinent remedies in accordance with the body of laws in effect,
as well as to direct any natural or legal person or any agency that denies, curtails,
violates or impairs the rights and benefits of veterans to take corrective action.

(i)

To inspect the records, inventories, documents, and facilities of agencies or private
entities when pertinent and necessary for an investigation or a complaint filed with
the AOA or under his/her consideration. To appear in representation of the sectors of
the population serviced by his/her Office, pursuant to his/her scope of jurisdiction,
which qualify to obtain benefits under any pertinent Commonwealth or Federal laws
or regulations before any forum, court, board, commission or Commonwealth or
Federal agency concerning any matter or proceeding that could affect their interests,
rights, and privileges;

(j)

To administer oaths and take statements by him/herself or through his/her authorized
representatives;

(k)

To compel the appearance and testimony of witnesses, require the presentation or
reproduction of any papers, books, documents or any other evidence pertinent to an
investigation or a complaint before his/her consideration, pursuant to the provisions
of Act No. 27 of December 8, 1990, known as the "Act for the Proceedings and
Granting of Immunity to Witnesses";
Whenever a duly summoned witness fails to appear to testify, or to
furnish
any
required
evidence,
or
refuses
to
answer
any

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question in connection with an investigation conducted pursuant to the provisions of
this Act, the Advocate may resort to any division of the Court of First Instance of
Puerto Rico to compel the appearance or testimony or reproduction of any requested
evidence, as the case may be. The Secretary of Justice may provide the Advocate
with the legal assistance necessary for such purposes.
No natural or legal person shall refuse to comply with a summons duly
issued by the Advocate or his/her authorized representative and undersigned by the
Administrator, or refuse to reproduce any required evidence, or refuse to answer any
question in connection with any matter under investigation by the Advocate, or refuse
to comply with a court order issued for such purposes;
(l)

To establish and carry out a program to provide orientation and advise to the sector of
the population serviced by the Office about the corresponding rights, programs,
services, and benefits available to them;

(m)

To provide advice, technical assistance, and professional services to agencies and
private entities that so request to improve the services they render and to meet any
operational requirements as set forth in laws or regulations;

(n)

In exercising his/her discretion and in discharging his/her ministerial duty of serving
the best interests of veterans and their families, the Advocate, after consulting with
the Administrator, may negotiate and execute with private interests contracts of any
kind or use other contracting models, including the delegation of all or some
operations in connection with any facilities, establishments or programs delegated
onto the Office of the Veteran's Advocate or for which said Office is responsible; and

(o)

To submit a budget request for each fiscal year through the AOA, to the Office of
Management and Budget to be appropriated by virtue of any local or Federal laws.

Article 28.—Investigation of Complaints.—
Any complaint filed pursuant to the provisions of this Plan shall be processed as provided by
the Advocate through regulations.
Article 29.—Jurisdiction.
The Advocate shall have such jurisdiction as provided this Plan to investigate any
actions, unreasonable delays or omissions by agencies, municipalities or private entities as
pertain to the rights of veterans in Puerto Rico in areas such as education, employment,
healthcare, housing, transportation, social, labor, and tax laws. He/she shall also oversee
compliance with the provisions of Act No. 203 of December 14, 2007, as amended, known
as the "Puerto Rican Veterans Bill of Rights for the 21st Century," regulations enacted
thereunder, and any other laws or regulations to be approved in the future for the benefit of
veterans in Puerto Rico and their families, as well as to take any such measures as deemed
necessary for the speedy investigation of claims filed by veterans and their families before

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the United States Veterans Administration with offices in Washington, D.C., the Social Security
Administration, and its local and regional offices.
It is hereby provided, however, that the Office of the Veterans Advocate shall not
investigate or process, either on his/her own initiative or in representation of citizens, any
claims under the following circumstances:
(a)
When there is proper legal remedy to redress the grievance, offense or injustice that
prompted the claim;
(b)

When the claim refers to a matter outside the scope of jurisdiction of Advocate
Offices;

(c)

When the claimant does not show a personal interest in the claim or when he/she
voluntarily withdraws the complaint or grievance;

(d)

When on its face, the claim is frivolous or has been made in bad faith;

(e)

When the claim is being investigated or heard in another agency, and the efforts of
the Office of the Veteran's Advocate would constitute a duplication the of
investigation or adjudication proceedings.

However, if a claimant voluntarily withdraws a grievance or complaint, the Office may
proceed with the investigation or complaint when it is determined that the action involved is a matter
for a remedy that is independent from the claimant's claim and when it seems to be:
f)

contrary to this Act or any other laws or regulations;

g)

unreasonable, unfair, arbitrary, offensive or discriminatory;

h)

based on a mistake of fact or on irrelevant or improper motives;

i)

unsupported by a proper statement of reasons when so required by law or regulation;
or

j)

made erroneously or inefficiently.

The Advocate shall not have the power, however, to investigate or file claims when the
matter under investigation or that prompted the claim has been heard in a Court or an agency with
competence and has been decided by final and binding adjudication.
Article 30.-Notice.
The Advocate shall notify the claimant through the AOA about his/her decision to investigate
the facts stated in the complaint, and on the same date in which the corresponding notice is issued, the
Advocate shall notify the agency, person or private entity, as the case may be, with a statement of the
facts alleged on the complaint and a citation of the law that empowers him/her to conduct such
investigation.

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Furthermore, the Advocate shall also notify the claimant, as necessary, about his/her decision
not to investigate, stating the grounds therefor and apprising him/her of his/her right to request a
reconsideration and review of such determination. In all instances in which the Advocate decides to
initiate an investigation, he/she shall notify so to the agency concerned, except when the nature of the
investigation warrants that notice not be given immediately, in which case, such notice shall be issued
as soon as the confidentiality requirements of the investigation so allow.
CHAPTER VI
OFFICE OF THE ADVOCATE FOR PERSONS WITH DISABILITIES
Article 31.—Creation of the Office of the Advocate for Persons with Disabilities.—
The Office of the Advocate for Persons with Disabilities is hereby created as the body in the
Executive Branch entrusted with, among other duties as provided in this Plan, handling and
investigating claims filed by persons with disabilities in relation to areas such as education,
healthcare, employment, and freedom of enterprise, civil and political rights, social, labor, and tax
laws, housing, transportation, recreation, environmental protection, and culture, among others.
Likewise, it shall be responsible for establishing and implementing a program to provide orientation
and advice to protect persons with disabilities. Furthermore, it shall promote the integration of
persons with physical, mental or sensory impairments into environment conservation, education, and
preservation programs instituted by agencies and instrumentalities of the Government of Puerto Rico.
Article 32.—Appointment of the Advocate for Persons with Disabilities.—
The Advocate shall be appointed by the Governor with the advice and consent of the Senate
and shall hold office for a term of ten (10) years or until his/her successor is appointed and takes
offices.
The Advocate shall be of legal age and have renowned capability, moral probity, knowledge,
and professional experience in his/her field. No person who holds an elective office during the term
for which he/she was elected shall be appointed as Advocate. The Advocate shall discharge the
functions of his/her office on a full-time basis and shall have autonomy in his/her actions concerning
programmatic aspects. The Governor shall fix the salary of the Advocate pursuant to the customary
standards of the Government of Puerto Rico for offices of equal or similar nature.
The Governor, after notice and hearing, may declare a vacancy in the position of Advocate, if
the former determines that the latter has been negligent in discharging his/her duties or has incurred in
misconduct. In the event of illness, disability, temporary absence, or if by any reason the position of
Advocate becomes vacant, the Governor shall designate a person to assume all functions, duties, and
powers until his/her successor is officially appointed and takes office or until the term of appointment
of his/her predecessor expires, whichever comes first.
Article 33.—Functions and Duties of the Office.—
The Office shall have the following duties and functions, in addition to any others as
provided in this Plan or in laws or programs the administration or implementation of which has been
delegated onto this Office:

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(a)

To act, by petition of any person with disabilities or his/her parents or guardian, as a
liaison in transactions between him/her and the various public entities and private
entities that offer, render or provide any service, activity, benefit or program for
persons with disabilities;

(b)

To promote the creation and development of programs that encourage persons with
disabilities to participate in educational, social, cultural, and recreational activities,
according to each person's interests, as well as any others that contribute positively to
the rehabilitation, development, and full inclusion in all activities that make up
society;

(c)

To collect, update, and analyze statistics needed for planning, coordinating, and using
government resources devoted to the rehabilitation, education, training, employment,
housing, recreation, socialization, and orientation of persons with disabilities;

(d)

To establish, in coordination with the AOA, an integrated system of statistical data
relating to the activities and the different jobs held by persons with disabilities, in
order to guarantee the maximization of resources available to this population sector,
as well as the orientation, planning, and organization of the services provided. This
statistical information shall state, among others, the gender, education, skills,
abilities, age, place of work, job position held, among others, in relation to each
individual. The Office shall establish a human resources pool with the information of
persons with disabilities who wish to enter the workforce. It shall establish
collaborative agreements with the Department of Labor and Human Resources and
ORHELA, with the purpose of obtaining and keeping statistical information as set
forth in this Act and accessing information on vacant jobs for which persons with
disabilities are able to compete;

(e)

To prepare and update an online catalog about all programs, benefits, services,
activities, and facilities available to persons with disabilities, both in public entities
and in private entities. This catalog shall include and comprise any laws, regulations,
orders, standards, procedures, recourses, means, mechanisms, and requirements
necessary to qualify and obtain any benefit, service, right or privilege;

(f)

To orient and educate persons with disabilities about their human and legal rights, as
well as about the privileges and opportunities concerning treatment, rehabilitation,
skill building and development that protect them under the laws in effect, for which
purpose, it shall employ all techniques and communications media within its reach;

(g)

To ascertain that public entities and private entities that receive public funds do not
discriminate against persons with disabilities by reason of their condition;

(h)

To conduct studies and investigations, either by itself or in coordination with
other agencies, for the development of new approaches, methods, programs,
and
services
that
could
contribute

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when addressing the problems and needs of persons with disabilities, in order to
enable them to achieve their fullest development so that they may become productive
and independent;
(i)

To assist, upon request by agencies, municipalities, and private entities that receive
public funds, in the design, preparation, planning, development, and implementation
of orientation, advisory, recruitment, skill building, and assistive programs for
persons with disabilities, including, but not limited to, in making the best and most
advantageous use of Commonwealth and Federal funds and programs established for
the benefit of persons with disabilities;

(j)

The Office shall require all agencies, departments, and instrumentalities of all three
Government Branches to designate one or more officials to conduct inspections on
the facilities of all three Government Branches to ensure their compliance with
Commonwealth and Federal laws that guarantee access for persons with disabilities,
and establish coordination with such agencies, departments, and instrumentalities to
execute corrective plans. Each agency, department and/or instrumentality shall
submit to the Office their findings in connection with facility inspections. The Office
shall review the results of inspections and establish corrective action plans together
with the dependency concerned. The Office shall follow up on corrective action plans
and certify compliance by any such government agency, department and/or
instrumentality of any of the three Government Branches;

(k)

To receive and use funds originating from legislative appropriations, transfers,
assignments, contributions, and donations of any kind received from agencies,
municipal governments, and the Government of the United States, as well as from
private persons, nongovernmental agencies, and other private entities for the design
and implementation of public information and education projects and programs to be
executed by the Office, agencies, entities, nongovernmental organizations, and civil
society. The available funds shall be evaluated and administered, pursuant to the
programmatic structure as approved to be carried out under control measures
established by the AOA, subject to laws that regulate the use of public funds, legal
standards, rules or agreements. The Office may also receive any personal property
from agencies on loan, for usufruct or as a donation, and hold such property and use
it to discharge the functions provided in this Plan.

Article 34.—Powers and Duties of the Advocate.—
In order to meet the purposes of this Act, the Advocate shall have, among others, the
following powers and duties:
(a)

To advise the Governor and the Legislative Assembly regarding legislation he/she
deems pertinent for the effective development of the public policy set forth in this
Plan and the rights that the Constitution of the United States of America, the
Constitution of the Government of Puerto Rico, and Federal and local laws recognize
for persons with disabilities, as well as to ensure that the public policy, initiatives,
statements, and projects specially geared to these persons to be evaluated and
implemented with a vision that predicates on integration and respect;

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(b)

To address, investigate, and adjudicate petitions and complaints referred by the AOA
and filed by persons with disabilities, their parents or guardians, against public or
private entities that receive public Federal or Commonwealth funds for the benefit of
these persons. The Advocate shall enforce the provisions of Act No. 44 of July 2,
1985, as amended, which prohibits discrimination against persons with disabilities by
public agencies and private entities. In performing this task, he/she may address,
investigate, and adjudicate petitions and complaints, in those cases in which any
public agency or private entity discriminates against a person with disabilities;

(c)

To appoint the personnel to his/her Office needed to achieve the purposes of this
Plan, through any recruitment process as determined by the AOA pursuant to Act No.
184 of August 3, 2004, as amended, known as the "Public Service Human Resources
Administration Act of the Commonwealth of Puerto Rico," excepting from said
power, administrative and other areas germane to the functions of the AOA;

(d)

To establish and carry out an assistance program for persons with disabilities, in
order to provide them with orientation and advice on all programs, services, and
benefits to which they are entitled and on any requirements, mechanisms, means,
recourses or procedures to obtain and benefit from these and to uphold their rights;

(e)

To organize and establish a program to conduct investigations in connection with any
grievances and complaints referred by the AOA, and to obtain any pertinent
information;

(f)

To file, in his/her discretion, with courts, administrative forums, and
instrumentalities, and political subdivisions of the Government of Puerto Rico, either
on his/her own behalf or in representation of the interested party, individually or as a
class, such actions as he/she deems pertinent to handle violations of the provisions of
this Plan;

(g)

To adopt any rules and regulations as necessary, implement projects and programs to
be adopted by the Advocate to educate and inform the sectors of the population
serviced by his/her Office, and discharge the functions expressly delegated onto by
virtue of this Plan. The regulations thus adopted may not modify the regulations
adopted by the Administrator to regulate the operations of the AOA;

(h)

To foster agreements or arrangements between agencies of the Government of Puerto
Rico and the Government of the United States of America to coordinate assistance
services for persons with disabilities so as to ensure the protection of their rights and
the administration of any programs or funds appropriated to such purposes;

(i)

To set reasonable charges for expenses incurred by the Office in printing educational
materials
for
distribution
to
citizens,
photocopies
of
documents

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requested, educational activities offered, and related matters. Government agencies
and instrumentalities are hereby exempted from payment of charges;
(j)

To conduct investigations, on his/her own initiative or concerning any complaints
under investigation, obtain any such information as pertinent, hold administrative
hearings, hold mediation meetings, and conduct on-site inspections;

(k)

To settle and adjudicate complaints in connection with actions and omissions that
impair the rights of persons with disabilities, deny them benefits and opportunities
that are rightfully theirs and that affect benefit programs; and to provide any pertinent
remedies in accordance with the body of laws in effect, as well as to direct any
natural or legal person or any agency that denies, curtails, violates or impairs the
rights and benefits of persons with disabilities to take corrective action;

(l)

To inspect the records, inventories, documents, and facilities of agencies and private
entities whenever pertinent and necessary in connection with an investigation or a
complaint before the AOA or under his/her consideration;

(m)

To appear in representation of the sector of the population serviced by his/her Office,
pursuant to his/her scope of jurisdiction, which qualify to obtain benefits under any
pertinent Commonwealth or Federal laws or regulations before any forum, court,
board, commission or Commonwealth or Federal agency concerning any matter or
proceeding that could affect their interests, rights, and privileges;

(n)

To administer oaths and take statements by him/herself or through his/her authorized
representatives;

(o)

To compel the attendance and testimony of witnesses, require the presentation or
reproduction of any papers, books, documents or any other evidence pertinent to an
investigation or a complaint before his/her consideration, pursuant to the provisions
of Act No. 27 of December 8, 1990, known as the "Act for the Proceedings and
Granting of Immunity to Witnesses".
Whenever a duly summoned witness fails to appear to testify, or to produce
any required evidence, or refuses to answer any question in connection with an
investigation conducted pursuant to the provisions of this Act, the Advocate may
resort to the Court of First Instance of Puerto Rico to compel attendance or testimony
or reproduction of any requested evidence, as the case may be. The Secretary of
Justice may provide the Advocate with any legal assistance needed to such purposes.
No natural or legal person may refuse to comply with a summons duly issued
by the Advocate or his/her authorized representative and undersigned by the
Administrator, or refuse to reproduce any required evidence, or refuse to answer any
question in connection with any matter under investigation by the Advocate, or refuse
to comply with a court order issued to such purposes;

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(p)

To establish and carry out a program to provide orientation and advice to the sector
of the population serviced by the Office about the corresponding rights, programs,
services, and benefits available to them;

(q)

To provide advice, technical assistance, and professional services to any agencies and
private entities that so request, in order to improve the services rendered by them and
to meet any operational requirements set forth by law and regulation; and

(r)

To submit a budget request for each fiscal year through the AOA to the Office of
Management and Budget, to be appropriated by virtue of any local or Federal laws.

Article 35.—Investigation of Complaints.—
Any complaint filed under the provisions of this Plan shall be as provided by the Advocate
through regulations.
Article 36.—Jurisdiction.
The Advocate shall have such jurisdiction as provided in this Plan to investigate any actions,
unreasonable delays or omissions by agencies, municipalities or private entities under his/her
jurisdiction as pertains to the claims and rights of persons with disabilities in areas such as education,
healthcare, security, employment and freedom of enterprise, civil and political rights, social, labor,
and tax laws, housing, transportation, recreation, environmental protection, and culture, among
others, and they may exercise, either by his/her initiative or in representation of private persons
rightfully entitled to file complaints before the Administrator and the Advocates, any such powers and
attributions as conferred under this Act.
It is hereby provided, however, that the Office of the Advocate for Persons with Disabilities
shall not investigate or process, either by his/her initiative or in representation of citizens, any claims
under the following circumstances:
(a)

When there is a proper legal remedy to redress the grievance, offense or injustice that
prompted the claim;

(b)

When the claim refers to a matter outside the scope of jurisdiction of Advocate
Offices;

(c)

When the claimant does not show a personal interest in the claim or when he/she
voluntarily withdraws the complaint or grievance;

(d)

When on its face, the claim is frivolous or has been made in bad faith; or

(e)

When the claim is being investigated or heard at another agency and the efforts of the
Advocate's Office would constitute a duplication of the investigation or adjudication
proceedings.

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However, if a claimant voluntarily withdraws a complaint or grievance, the Office may
proceed with the investigation or complaint when it is determined that the action involved is a matter
for a remedy that is independent from the claimant's claim and when it seems to be:
(a)

contrary this or other laws or regulations;

(b)

unreasonable, unfair, arbitrary, offensive or discriminatory;

(c)

based on a mistake of fact or on irrelevant or improper motives;

(d)

unsupported by adequate statement of reasons when so required by law or regulation;
or

(e)

made erroneously or inefficiently.

The Advocate shall not have the power, however, to investigate or file claims when the
matter under investigation or that prompted the claim has been heard in a Court or an agency with
competence and has been decided by final and binding adjudication.
Article 37.—Notice.
The Advocate shall notify the claimant through the AOA about his/her decision to investigate
the facts stated in the complaint, and on the same date in which the corresponding notice is issued, the
Advocate shall notify the agency, person or private entity, as the case may be, with a statement of the
facts alleged on the complaint and a citation of the law that empowers him/her to conduct such
investigation.
Furthermore, the Advocate shall notify the claimant, as necessary, about his/her decision not
to investigate, stating the grounds therefor and apprising him/her of his/her right to request a
reconsideration and review of such determination. In all instances in which the Advocate decides to
start an investigation, he/she shall so notify to the agency concerned, except when the nature of the
investigation warrants that notice not be issued immediately, in which case, such notice shall be
issued as soon as the confidentiality requirements of the investigation so allow.
Article 38.—Obligation of Agencies in Relation to the Office.—
For purposes of this Plan, all public agencies that offer, render, administer or have
jurisdiction over any proceedings, programs, funds, activities, benefits or services for persons with
disabilities shall remit to the Office, and the latter shall be entitled to require the use of electronic
media for agencies to send any such regulations, standards, executive orders, decisions, opinions,
handbooks on procedures or services that under local and Federal law apply to persons with
disabilities. Public agencies shall comply with the provisions set forth herein within thirty (30) days
following the date the Office begins to operate. Subsequently and in any instance that any standards,
rules or procedures are approved or repealed, or new requirements are established, or services and
benefits offered by public agencies are broadened, eliminated or altered, such public agencies shall,
within fifteen (15) days following the date any such action is taken, send to the Office such
amendments or modifications, as the case may be, through electronic media.

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Any public agencies of the Government of Puerto Rico and private entities that offer services
such as evaluation, diagnosis, assistance, treatment, rehabilitation, education, and employment for
persons with disabilities, shall give notice to the Office, from time to time, and at least once a year,
about compliance with Federal and Commonwealth laws that guarantee the rights of this sector of the
population or and their systematic plan for service continuity. They shall, likewise, give notice about
persons who have been rehabilitated physically, mentally, and occupationally, persons who have
completed their studies or who have been trained for a job, and any persons that to the best of their
knowledge have entered into the job market, in order for the Office to account and keep any such
statistical data and information as required under this Plan.
Such agencies and private entities shall also meet with the Office at least once every six (6)
months to coordinate, develop, evaluate, modify, and implement each agency's action plan, in order to
ensure, effectively further, and provide continuity for services rendered to persons with disabilities.
Article 39.—Penalties.
(a)

(b)

The Advocate is hereby empowered to request that the Office of Management and
Budget not approve budgets for any public agency with a specific responsibility
under Act No. 51 of June 7, 1996, as amended, known as the "Integral Educational
Services for Persons with Disabilities Act," that fails to include an item in its budget
to meet its obligations. The Advocate is also empowered to impose administrative
fines, after notice and hearing, pursuant to and up to the amounts provided for in Act
No. 44 of July 2, 1985, as amended, and any other law which so authorizes.
Any person who willfully and maliciously hinders or obstructs the Advocate or
his/her Office's personnel from discharging their functions, or who submits false
information fully aware of its falsehood, shall be guilty of a misdemeanor, and upon
conviction, shall be punished by a fine not greater than five hundred dollars ($500) or
by imprisonment for a maximum term of six (6) months, or both penalties, in the
discretion of the court. When such officials are impeded or obstructed as set forth in
Sub-Article (a) by means of intimidation, force or violence, such action shall
constitute a felony, and upon conviction of any such person, he/she shall be subject to
the penalties set forth in Article 17 of Act No. 149 of 2004, as amended, known as
the "Penal Code of the Commonwealth of Puerto Rico," or any Code approved in
substitution thereof.
CHAPTER VII
REPEALS

Article 40.- Repeals.
(a)

Act No. 2 of September 27, 1985, as amended, known as the "Office of the Disabled
Persons Investigation Official Act," is hereby repealed;

(b)

Act No. 57 of June 27, 1987, as amended, known as the "The Veterans' Advocate
Office," is hereby repealed;

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(c)

Act No. 11 of April 11, 2001, as amended, known as the "Organic Act of the Office
of the Advocate for the Patient Beneficiary of the Health Reform," is hereby
repealed;

(d)

Act No. 203 of 2004, as amended, known as the "Office of the Advocate for the
Elderly Act," is hereby repealed.

CHAPTER VIII
GENERAL PROVISIONS
Article 41.- Adjudication Proceedings.
The adjudication proceedings carried out in each Advocate's office shall be governed by the
provisions of Act No. 170 of August 12, 1988, as amended, known as the "Uniform Administrative
Procedures Act of the Commonwealth of Puerto Rico," and the regulations adopted therefor by each
Advocate, including all that pertains to recourses for court review and reconsideration of an
unfavorable ruling and his/her power to impose or collect administrative fines, as provided in this
Plan.
Article 42.- Fines and Penalties.
Advocates may impose fines and penalties pursuant to the provisions of Act No. 170 of
August 12, 1988, as amended, known as the "Uniform Administrative Procedures Act of the
Commonwealth of Puerto Rico," and the regulations adopted therefor by each Advocate.
Any person who willingly and maliciously prevents or hinders the exercise of the duties of
any Advocate, the Administrator or his/her office personnel or knowingly furnishes false information
shall be guilty of a misdemeanor and upon conviction shall be punished by a fine that shall not exceed
five hundred dollars ($500) or by imprisonment for a maximum term of six (6) months or both
penalties, at the discretion of the Court.
Article 43.- Creation of the Advocates' Office Advisory Councils.
The Advocates are hereby empowered to appoint Advisors that shall constitute the Advisory
Council of their corresponding Offices. Such appointments shall be submitted to the consideration of
the Governor of Puerto Rico for his/her approval. Each Advisory Council, except for the Veterans'
Advocate Advisory Council, shall be composed of five (5) Advisors, which shall be persons of moral
probity, recognized capability, leadership, and who can properly represent the sector of the population
represented by their corresponding Advocates' Offices.
Advisors shall be appointed as follows: two (2) shall be designated for a three (3)-year term,
two (2) for a two (2)-year term, and one (1) for a one (1)-year term. Subsequently, when reappointing
Advisors, their terms shall be of two (2) years. In case of vacancies, the Advocate, with the approval
of the Governor of Puerto Rico, shall designate another person identified with and committed to the
sector of the population represented with respect to which the vacancy occurs. The person thus
appointed shall discharge his/her functions for the remainder of the unexpired of term of the Advisor
who caused the vacancy.

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The Veterans' Advocate Advisory Council shall be composed of one member of each of the
veterans service organizations recognized by the Department of Veterans' Affairs in Puerto Rico, four
(4) members representing the public interest, the Secretary of Labor and Human Resources, the
Secretary of the Treasury, the Secretary of Education, the Director of the Office of Human Resources
of the Commonwealth of Puerto Rico, the Advocate for Persons with Disabilities, and the Resident
Commissioner for Puerto Rico in Washington. The members of each of the veterans' service
organizations recognized by the U. S. Department of Veterans' Affairs in Puerto Rico shall be
selected by their respective organizations, to serve for a three (3)-year term each. The four (4)
members representing the public interest shall be appointed by the Advocate with the approval of the
Governor of Puerto Rico, to serve for a two (2)-year term each. Subsequently, when reappointing the
Advisors, their terms shall be of two (2) years. In case of vacancies, the Advocate, with the approval
of the Governor of Puerto Rico, shall designate another person to fill such vacancy, provided that in
case a member of the veterans organizations, such organization shall be the one that recommends the
appointment, which person shall hold such office until the term for which the substituted member was
appointed has expired.
A quorum shall be determined by the simple majority of the Advisors. The Advisors shall
elect a Chair from among the members and their agreements shall be reached by the majority of
members present, after a quorum has been constituted. Each Advisory Council shall adopt regulations
to govern their work, deliberations, and execution of their duties. The Administrator shall provide the
Advisory Councils with the facilities, equipment, materials, and human resources necessary to
comply with their mandate.
Each Advisory Council shall meet at least four (4) times a year and their members shall
render their services ad honorem.
Article 44.- Duties of the Advocates' Office Advisory Councils.
Each Advisory Council shall have, among others, the following duties:
(a)

To advise the Administrator and the Advocate on any matters in connection with
claims related to education, training, employment, self-management, economic
development, permit processing, housing, healthcare, environment, among others;

(b)

To advise, as required by the Administrator, the Advocate or through designation by
the Governor, with respect to any Federal or Commonwealth program that requires
the participation of a Council to guarantee access to funds and the sound
administration thereof under any Federal or Commonwealth applicable law;

(c)

To assess public policies to foster actions that inure to the benefit of the represented
sectors and the citizenry in general;

(d)

To assess and provide recommendations that address consultations referred by the
Administrator and the Advocate;

(e)

To advise the Office on the establishment of criteria to evaluate the programs and
projects developed pursuant to this Plan and make recommendations to the Advocate
as he/she deems pertinent;

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(f)

To make recommendations as to systems and methods geared toward the integration
of the programs developed by the Government to address the needs of the population
serviced by Advocates;

(g)

To make recommendations to the Office with respect to the regulations and norms
adopted under this Plan;

(h)

To advise the Office on the devising and administration of an annual work plan and
proposals of the Office; and

(i)

Any other duty that is necessary for compliance with this Plan.

Article 45.- Exemptions.
The Office shall be exempted from payment and cancellation of any kinds of stamps, fees and
duties required for filing and processing any writ, action, or proceeding or for obtaining copies of any
document before the Courts of justice and administrative agencies of the Government of Puerto Rico.
Article 46.- Viewpoint of the Agency or Municipality Respondent or Under
Investigation.
When a complaint is filed or an investigation is launched against an agency, including
municipalities, private entities, the Office of the Administrator, and the Advocates' Offices, a term of
twenty (20) days shall be granted for the Respondent to present its argument or position regarding the
complaint filed, and the proposed investigation or adjudication, prior to the issue of a final opinion or
recommendation.
Article 47.- Noncompliance with Duties or Violations of Law.
If the Advocates shall find that any officer or employee of an agency or municipality has
failed to comply with the duties germane to his/her office or job, has been negligent in the discharge
thereof, or has violated a law in the discharge of his/her functions without reasonable justification,
he/she shall report it to the competent authorities, organizations, or administrative forums so they can
take the corresponding action.
Article 48.- Immunity.
The Administrator, the Advocates, and their employees and officials shall enjoy
governmental immunity in what pertains to civil and criminal liability due to the resolutions and
recommendations issued as a result of any investigation or adjudication made, in compliance with the
provisions of this Reorganization Plan or the laws that empower Advocates to act in defense of the
rights of the people and the multiple sectors of the population covered under this Plan.
Article 49.- Annual Reports.

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Every fiscal year, the Administrator shall file a Report with the Governor, the Office of
Management and Budget, and the Legislative Assembly that encloses a budget request for the
corresponding fiscal year.
These Reports shall contain the consolidated information of the AOA, as well as the
information of the Advocates' Offices regarding their efforts, studies, and investigations during the
previous fiscal year. Likewise, he/she shall file, when pertinent or upon request, any other special
report deemed convenient or as requested by the Governor or the Legislative Assembly.
Article 50.- National or International Organization Membership.
The Advocates may join and represent Puerto Rico in any organization of the United States of
America, as well as in any international organization associated with their jurisdiction in which other
officials from the United States also participate. In the case of international organizations, their
participation may never contravene the public policy of the Government of the United States of
America, as outlined by the United States Department of State with respect to the participation of
Puerto Rico in said organizations. The Advocates, prior to their participation in such organizations,
shall seek the consent of the Secretary of the Department of State.
Article 51.- Transfers.
Upon the effectiveness of this Plan, any document, record, material, and equipment, and the
funds appropriated to the Office of the Advocate for the Elderly, the Office of the Advocate for
Patients Beneficiaries of the Health Reform, and the Office of the Veterans' Advocate shall be
transferred to the Office of the Advocate for Pensioners and the Elderly, and the Office of the
Healthcare Advocate, and the Office of the Veterans' Advocate, respectively, created under this Plan.
Likewise, any document, record, material, and equipment, and the funds appropriated to the Office of
the Disabled Persons Investigation Official, created by virtue of Act No. 2 of September 27, 1985, as
amended, shall be transferred to the Office of the Advocate for Persons with Disabilities, created
under this Plan.
The Administrator, through regulations adopted to such effect, shall transact, receive, draw
up, and execute the AOA and the Advocates' Offices budget control, as well as determine the use and
control of equipment, materials, and any property transferred to the Advocates' Offices.
Article 52.- Human Capital, Delegation of Duties, and Retirement of Officials and
Employees.
(a)

Employees of the Office of the Advocate for Patients Beneficiaries of the Health
Reform, the Office of the Advocate for the Elderly, the Office of the Veterans'
Advocate, and the Office of the Disabled Persons Investigating Official, whose
organic acts are repealed by this Plan, shall be transferred to the Office of the
Healthcare Advocate, the Office of the Advocate for Pensioners and the Elderly, the
Veterans' Advocate Office, and the Office of the Advocate for Persons with
Disabilities, as well as to the AOA, created by virtue of this Plan, as determined by
the Administrator, pursuant to the powers granted by this Plan.

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(b)

Act No. 184 of August 3, 2004, as amended, known as the "Public Service Human
Resources Administration Act of the Commonwealth of Puerto Rico," shall apply to
the human capital of the AOA and the Advocates' Offices.

(c)

The Administrator and the Advocates shall elect, at their discretion, to avail
themselves of the benefits granted under the Public Employees Retirement Systems
Act. Provided, that once the election is made it shall be deemed to be final.

(d)

Transferred employees shall keep all their vested rights pursuant to the laws, norms,
and regulations applicable thereto, as well as all privileges, obligations, and status
with respect to any existing pension, retirement, or savings and loan fund system
established by law of which they were participants prior to the approval of this Plan.
Employees with regular status shall keep such status.

(e)

The provisions of this Plan shall not be grounds for dismissal of any employee
holding a regular position. Likewise, the provisions of other general or
supplementary act shall not be grounds for dismissal of any employee holding a
regular position in the agencies while undergoing reorganization under this Plan.

Article 53.- Applicability of Laws.
The AOA and the Advocates' Offices shall be exempted from the application of Act No. 164
of July 23, 1974, as amended, known as the "General Service Administration Act." The Administrator
shall adopt regulations to determine the corresponding processes in lieu of the application of the
abovementioned Act.
As of the date of effectiveness of this Reorganization Plan, both the AOA and the Advocates'
Offices shall be exempted from the application of the provisions of Act No. 96 of June 29, 1954, as
amended, known as the "Government Purchases and Services Act." The Administrator shall adopt
regulations to control such processes in the AOA and the Advocates' Offices in lieu of the application
of the abovementioned Act.
Article 54.- Transitory Provisions.
Any regulations, orders, resolutions, circular letters, and other administrative documents of
the Advocates' Offices, provided that they are consistent with this Plan, shall remain in effect until
these are amended, supplemented, repealed, or rendered ineffective by the Administrator, pursuant to
the Plan.
Thirty (30) days after the approval of this Plan, the Administrator shall file a report with the
Governor, which states the evaluation made together with each Advocate regarding the programs of
each Advocate's Office and their recommendations in terms of the need to transfer the programs,
resources available, and the personnel to other agencies or entities, pursuant to the purposes of this
Plan. Also, the Governor is hereby empowered to direct the Administrator, if he/she deems it
necessary, to carry out in an orderly fashion the pertinent transfers to comply with the purposes
provided herein.

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Article 55.- Severability.
If any clause, paragraph, Article, or part of this Plan were to be ruled unconstitutional by a
competent Court, such ruling shall not affect or invalidate the remaining provisions. The effect of
such ruling shall be limited to the clause, paragraph, Article, or part of this Plan ruled
unconstitutional.
Article 56.- Effectiveness.
This Plan shall take effect immediately after its approval. Both the AOA and the Advocates'
Offices shall take the necessary actions for the establishment of the internal, programmatic, and
budgetary structures, as well as the account structure required to carry out the accounting of their
funds, with the coordination and advice of the Office of Management and Budget, within a term that
shall not exceed thirty (30) calendar days as of the effectiveness of this Plan.

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No. 2013-331 TRANSLATOR’S CERTIFICATE OF ACCURACY
I, Mayra Cardona Durán, of legal age, single, resident of Guaynabo, Puerto Rico,
Certified Interpreter of the United States Courts (Certification No. 98-020) and certified
member of the National Association of Judiciary Interpreters (Member No. 10671) member in
good standing of the American Translators Association (Member No. 230112), and admitted
to the Puerto Rico Bar Association (Bar No. 12390) hereby CERTIFY: that according to the
best of my knowledge and abilities, the foregoing is a true and rendition into English of the
original Spanish text, which I have translated and it is stamped and sealed as described therein.
This document is comprised of Forty (40) Pages, including this certification page, and does not
contain changes or erasures.
In Guaynabo, Puerto Rico today, Wednesday, September 04, 2013.

Lcda. Mayra Cardona
United States Courts Certified Interpreter
NAJIT Certified Interpreter and Translator
3071 Alejandrino Ave. PMB 306 Guaynabo, Puerto Rico 00969-7035
Tel. [phone] Fax [phone]
e-mail: [e-mail]