Palladium HPP Project: Legal Drafter Expertise (consultant) Scope of Work for Public-Private Partnership for Health

 Position Title: Legal Drafter Expertise for Regulation of Minister of Health (PMK) on Public-Private Partnerships (called consultant)

Period of Performance Modification: February- March 2021

Background

The health sector in Indonesia is fundamentally changing through the Government’s effort towards Universal Health Coverage (UHC). Importantly, this ambitious agenda must be implemented in a cost-effective manner to manage the financial burden for the Government of Indonesia. Private Sector Engagement is one of the key strategies for the Government to achieve its Mid-term Development Plan (RPJMN) targets. By partnering with the private sector, Indonesia can more efficiently and effectively achieve the health sector’s UHC goals across prevention, promotion, and treatment.

The Ministry of Health would like to partner with the private sector to reduce inequality of service availability across the varied archipelago of Indonesia. The Ministry released the Peraturan Menteri Kesehatan (PMK) no. 40/2018 on health sector infrastructure partnerships (Kerjasama Pemerintah Badan Usaha/KPBU). Building on this PMK, the Ministry of Health’s Centre of Health Financing and Insurance (PPJK) is currently developing a Technical Guideline for Non-Infrastructure public-private partnerships (PPP; Kemitraan Pemerintah Swasta/ KPS) with support from USAID-funded Health Policy Plus project (HP+). This guideline outlines and clarifies several mechanisms for contracting private sector entities for the delivery of health services, summarizes the process for procurement, and lists the funding sources that can be used for these purposes all in one place. Furthermore, this policy articulates the need for and outlines the structure of a new PPP Node (Simpul KPS) that will be responsible for identifying, structuring, and monitoring PPP initiatives in health in partnership with Ministry units and the private sector.

Currently, a foundational draft of the Technical Guideline and the PMK has been developed as an academic document that has already been reviewed by PPJK, other Units at MOH, as well as by Hukor team. The Technical Guideline must be finalized as a legal document that can attached to the PMK on Non-infrastructure Public-Private Partnerships for Health. Also, to facilitate the formation of this PPP node, a decree for Simpul KPS that establishes the team, assigns staff, and defines the roles and responsibilities must be drafted.

HP+ is seeking a Legal Draft Consultant with expertise in Ministry of Health regulations and decrees to finalize the PMK for Non-infrastructure PPP for Health, the associated Technical Guideline, and the SK for the PPP Node. As they work on these policy documents, the Consultant will develop a presentation highlighting the progress of the document and regulatory review if and as requested by HP+ and their government partner PPJK, will assist in coordination across units in MOH related to review and feedback of these policy documents, as well as accommodate inputs and comment to the document is developing.

The consultant will report to HP+ Private Sector Senior Technical Advisor in Jakarta. She/He will also work closely with HP+ Senior Program Advisor  to ensure that the feedback from PPJK and other stakeholders are reflected in the final version of these documents and that there is buy-in from these stakeholders for the final policy documents for their approval.

 

Consultant Responsibilities:

  1. Review the academic document on Technical Guideline (PMK) as based document for developing the Legal Document.
  2. Prepare and produce legal document draft for Regulation of Minister of Health (PMK) on Public Partnerships and the associated technical guideline
  3. Prepare and produce legal document draft for Minister of Health Decree (SK) on Formation of PPP Node (Simpul KPS)
  4. Advise and facilitate successful process in gaining input and acceptance from related units in MOH on the legal PMK, Technical Guideline, and SK, (most notably PPJK and Hukor) so that it is ready to submit to Sekjen office. This includes participating in meetings with HP+ to provide input on how to strategically engage Hukor and other MOH units, provide context/ contact within Hukor as appropriate and requested by HP+ to facilitate engagement by Hukor on the review of these policy documents, and participating in official meetings with PPJK, Hukor, and other MOH units to speak to the contents of the policy documents.
  5. Advise and facilitate the process of PMK and SK review by the Sekjen Office to make sure it reaches Minister attention and direction. This includes participating in meetings with HP+ to provide guidance on how to strategically engage the SekJen Office on the PMK and SK review and approval process. The Consultant may provide context/ contact within the SekJen Office as appropriate and requested by HP+ to help elevate this PMK and SK on the SekJen’s agenda.

Deliverables

This is a deliverable-based contract. The Consultant will work closely with HP+ Private Sector Senior Technical Advisor in Jakarta to ensure accuracy and completeness of deliverables as outlined below.

Deliverable

Due Date

Estimated Level of Effort

Written feedback on the academic document on Technical Guideline and workplan to develop the legal document for PMK, technical guideline, and SK

5 days from contract signing

3 day

Written feedback to HP+ strategy to engage Hukor on legal process (or meeting minutes summarizing their feedback)

February 28, 2021

1 days

Meeting minutes from meetings with PPJK, Hukor and other MOH units that summarizes their inputs and feedback on the legal document

March 15, 2021

3 days

Legal document draft for Regulation of Minister of Health (PMK) that is approved by PPJK and Hukor

March 15, 2021

7 days

Legal document draft for Minister of Health Decree (SK) on Formation of PPP Node (Simpul KPS) that is approved by PPJK and Hukor

March 15, 2021

7days

Written feedback to HP+ strategy to engage Sekjen Office on reviewing and approving the PMK and SK (or meeting minutes summarizing their feedback)

March 19, 2021

2 days

Requirements and Qualifications:

The requirement expertise for this works and deliverables are:

  1. Master’s degree in relevant field such as law, public policy, and public health.
  2. Background and knowledge in the field of law and its application in real practise required, especially related to drafting and adoption of Government Regulation, Decree, and other related regulations.
  3. Background and experience working with/working in the Ministry of Health especially on the task of developing regulations and decrees.
  4. Knowledge of health financing and private sector policies desired.
  5. Excellent in Bahasa Indonesia and in English writing, communication, and reporting skills.
  6. Flexibility, adaptability, and resourcefulness

How to Apply

Interested applicants should submit their CV and proposed rate to complete this assignment to Stefana Ruri (stefana.Ruri@thepalladiumgroup.com) by February 5, 2021.

 

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