FAQ
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11. Can a health care provider refuse access to the Complaints Book?
No. The Complaints Book must be immediately handed to the complainant. This cannot be subjected to any conditions by the provider.
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12. What should I do if the access to the Complaints Book is denied?
If the provider denies handing the Complaints Book, the user / complainant can call an agent of authority – The Public Security Police (Polícia de Segurança Pública – PSP), The Portuguese National Guard (Guarda Nacional Republicana – GNR) or The (county) Municipal Police (Polícia Municipal – PM).
In those situations, the agent of authority draws up an official report of the occurrence. This is further sent to ERS that will take the appropriate action. -
13. What happens to the complaint, after the matter is raised?
In case of a complaint written in the private provider's Complaints Book, it has the legal obligation to remove the duplicate (blue sheet) and hand it to the complainant, as well as to send the original (red sheet) to the authority responsible for the sector - which, in the case of health care providers, is ERS, within a 10 working days time. The triplicate (yellow sheet) must remain in the Complaints Book.
On the other hand, if the complaint is written in the public provider’s Complaint Book, it will follow the appropriate procedure.
Moreover, if a complaint is submitted in the Online Complaints Book, the complainant will be sent a message by email, noticing its reception at the ERS Complaints Management System as well as giving information about its reference number (file/process number).
The process of managing complaints submitted online is the same used to handle those from the Complaints Book available at health care providers. -
14. May I only complain in writing?
Yes, a complaint must always be addressed in writing, regardless of the means used (letter, fax, email, online form).
You may eventually use the telephone or the face to face complaints service, provided by ERS, in order to get any support on how to write a complaint. -
15. Which complaints are handled by ERS?
ERS regulates and oversees the activity of health care provision. Its functions are carried out within the framework of the legal requirements for the health care services and facilities as well as in the scope of the access to health care and any other users’ rights. ERS also supervises the compliance of quality levels and safety of care and also of the legality and transparency in the economic relations between providers, funders and users, in the health care sector.
Complaints that fall within the framework of ERS assignments are those where the claimed is a health care provider (regardless its public, private or social ownership), with an establishment located in the mainland territory of Portugal, and whose content is related to subjects as, for example:
• The access to health care;
• Discrimination;
• The quality of health care;
• The quality of administrative services;
• The rights of patients;
• Waiting times for admission;
• Waiting times for booking an appointment;
• Financial issues
• Legal Issues
• The quality of facilities.
