Act No. 189 / 2016 Coll.
Act amending Act No. 108 / 2006 Coll., on Social Services, as amended, Act No. 292 / 2013 Coll., on Special Procedures for Judicial Procedures, as amended by Act No. 87 / 2015 Coll., and Act No. 372 / 2011 Coll., on Health Services and Conditions of Provision (Law on Health Services), as amended
Valid
Law
Effective from 01.08.2016
Text versions:
01.08.2016
17.06.2016
189
THE LAW
of 26 May 2016
amending Act No. 108 / 2006 Coll., on Social Services, as amended, Act No. 292 / 2013 Coll., on Special Proceedings of the Court, as amended by Act No. 87 / 2015 Coll., and Act No. 372 / 2011 Coll., on Health Services and Conditions of Provision (Health Services Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Social Services Act
Act No. 108 / 2006 Coll., on Social Services, as amended by Act No. 29 / 2007 Coll., Act No. 213 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 129 / 2008 Coll., Act No. 274 / 2013 Coll., Act No. 347 / 2010 Coll., Act No. 420 / 2011 Coll., Act No. 73 / 2011 Coll., Act No. 364 / 2011 Coll., Act No. 366 / 2011 Coll., Act No. 375 / 2011 Coll.
1. Paragraph 11 (1) and (2) reads as follows:
"(1) The amount of the allowance for persons under 18 years of age shall be per calendar month:
a) CZK 3,300, if it is level I (easy dependence),
b) 6 600 CZK, if it is Grade II (moderate dependence),
c) 9900 CZK, if it is Grade III (heavy dependence),
(d) 13 200 CZK, if it is stage IV (total dependence).
(2) The amount of the allowance for persons over 18 years of age is for the calendar month
a) 880 CZK, if it is level I (easy dependence),
b) CZK 4,400, if it is Grade II (moderate dependence),
c) 8 800 CZK, if it is Grade III (heavy dependence),
(d) 13 200 CZK, if it is stage IV (total dependence). "
2. In Paragraph 13 (2), at the end of the text of the second sentence, the words "; the person for whom a social inquiry has been carried out in the course of the hospitalisation as referred to in Paragraph 25 (1) of the second sentence may be granted the allowance at the earliest from the date on which the notification and confirmation referred to in Article 21 (1) (e) have been received to the competent regional branch of the Labour Office."
3. In Article 21, at the end of paragraph 1, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) declare in writing to the relevant regional branch of the Labour Office that it is provided with one or more health service providers succeeding or long-term bed care (64) for the same disease or accident lasting more than 60 days continuously, and demonstrate this by confirming the health service provider;
(f) report in writing to the competent regional branch of the Labour Office the release from the nursing home in the cases referred to in (e) within 5 days.
64) § 9 (2) (c) and (d) of Act No. 372 / 2011 Coll. '.
4. In Paragraph 25 (1), the sentence "The social inquiry referred to in the first sentence shall also be carried out by the relevant regional branch of the Office of Labour during the hospitalisation of a person in a bed-care facility, provided that one or more health service providers receive subsequent or long-term care for the same illness or accident lasting continuously for more than 60 days; the condition is that this has been notified and documented in accordance with Article 21 (1) (e). ';
5. In Article 26 (1), the words "this shall not apply at the end of the text of point (b), if it is provided to a person during hospitalisation in one or more health service providers succeeding or long-term bed care for the same disease or accident lasting more than 60 days, and this has been notified and documented in accordance with Article 21 (1) (e) '.
6. The following Section 82b is inserted after Section 82a:
The registration authority shall also be entitled to carry out checks on natural and legal persons who have not been granted a marketing authorisation, where it indicates that social services are provided for those persons without authorisation to provide them. ';
7. The following Sections 91a to 91c are inserted after Section 91:
(1) The guardian or municipal authority of the municipality with extended scope, if referred to in § 91 (6), may, for a person who has not given his consent to the provision of social services in a social services establishment, conclude such a contract and its amendments only if:
(a) failure to provide immediate assistance in dealing with an adverse social situation would endanger or threaten to cause serious harm to the life of the person concerned as a result of the weakening or loss of ability due to an adverse health condition caused by a mental disorder; and
(b) the necessary support and assistance cannot be provided by less and less restrictive measures.
(2) The condition referred to in paragraph 1 (a) is assessed by the municipal authority of the municipality with extended scope on the basis of a medical opinion issued by a health service provider.
(1) Where a person who is unable to terminate a contract for the provision of a social residence service shows serious opposition to the provision of a social residence service, the social service provider is obliged to notify that fact within 24 hours of the court in whose jurisdiction the social services facility is situated.
(2) A notice to the court of suspected inadmissibility of a person's possession in a social services establishment may be made by any person.
(3) The social service provider shall inform the court referred to in paragraph 1 of the notification without undue delay of the person who has entered into the contract for the provision of a residence social service.
The social service provider shall keep a record of the persons to whom it provides residence social services under a contract concluded under Paragraph 91a and of the cases referred to in Section 91b (1). The following information shall be kept in the register:
(a) the name and, where appropriate, the name, surname and date of birth of the person;
(b) the date of commencement of the provision of residence social services;
(c) the name and, where applicable, the name of the guardian, and the address for service or an indication of the municipal office of the municipality with extended scope, which concluded a contract for the provision of social services in accordance with § 91a;
(d) the date and frequency of serious disagreement expressed by a person with the provision of social services, including a description of the situation;
(e) a record of the fulfilment of the obligation to notify the court pursuant to Paragraph 91b (1) of the fact that the person has expressed serious opposition to the provision of social services; and
(f) a description of the resolution of the situation. ';
8. In Article 97, at the end of paragraph 2, the dot is replaced by a comma and the following point (c) is added:
"(c) compliance with the obligation to keep records in accordance with § 91c. ';
9. In Article 107, at the end of paragraph 2, the dot is replaced by a comma and the following point (r) is added:
"(r) it does not keep records in accordance with § 91c. ';
10. in Article 107 (5) (b), "(p) and (4)" shall be replaced by "(p) and (r) and (4)";
11. In § 107 (5) (f), the amount "CZK 1 000 000" is replaced by "CZK 2 000 000."
12. in Article 108 (4) (d) (3), "o) and (p)" is replaced by "o), (p) and (r)";
Transitional provisions
1. The Office of Labour of the Czech Republic - Regional Branch and Branch for the City of Prague will adjust the amounts of the care allowance according to § 11 paragraphs 1 and 2 of Act No. 108 / 2006 Coll., as effective from 1 August 2016, without application. An entry shall be made in the file for a change in the amount of the care allowance.
2. The care allowance in accordance with § 11 paragraphs 1 and 2 of Act No. 108 / 2006 Coll., as effective from 1 August 2016, is for the first time from the repayment due for August 2016.
3. Office of Labour of the Czech Republic - Regional Branch and Branch for Capital City The threshold shall be delivered by the date of payment of the care allowance for the month of August 2016 at the latest to the beneficiaries of the care allowance by a written communication on the change in the amount of the care allowance referred to in the first sentence of point 1; This communication shall not be delivered to its own hands.
4. The procedure for the care allowance initiated and final before the date of entry into force of this Act shall be completed in accordance with Act No. 108 / 2006 Coll., as effective from the date of entry into force of this Act.
Amendment to the Law on Special Proceedings
Act No 292 / 2013 Coll., on Special Proceedings, as amended by Act No 87 / 2015 Coll., is amended as follows:
1. In Article 8, the following paragraph 3 is added:
"(3) For the purposes of determining the conditions for the submission of an application by a court to declare the inadmissibility of possession in a social services establishment, the Prosecutor's Office shall be entitled to:
(a) enter social services facilities at any time;
(b) to consult documentation maintained by social services facilities;
(c) to speak to persons to whom social services are provided at social services facilities without other persons present;
(d) require the staff of the social services provider and other persons involved in the care of persons to whom social services are provided in the social services establishment to provide the necessary explanations. ";
2. In Paragraph 48, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If the court has decided pursuant to Paragraph 84a, it shall examine, within 3 months at the latest, whether the guardian has taken corrective action, even repeatedly, if no correction has been made. To that end, they shall, in particular, obtain the opinion of the person whose inadmissible holding in the social services establishment has been decided upon. '
3. In Part Two, Title I, Section 4, Section 3, including the title and footnotes No 7 and 8, the following text is added:
Procedure for declaring inadmissibility of holdings in social services facilities
The participant is also the guardian of the person whose possession in the social services facility is to be negotiated and the provider of social services.
(1) In the event that the provider of the social residence service does not make a notification under the law governing social services, the person or his legal representative shall be entitled to submit a motion to initiate the procedure.
(2) The Court of First Instance is under an obligation to examine the case and to rule no later than 45 days after the date of the initiation of the procedure.
(3) If the court concludes that the conditions for providing a social residence service are not met without the consent of another legislature7), it shall decide on the inadmissibility of the further possession of a person in a social residence facility.
(4) The Court of First Instance shall carry out the necessary evidence to assess the admissibility of further possession of a person in a social services establishment; In particular, it shall hear the person present, the medical practitioner, the staff in the social services establishment providing social services to the person placed and the other persons for whom the person whose possession in the social services facility is to be decided upon, and invite persons carrying out professional activities in social services under another legislation (8) to submit a written report containing, in particular, information on the conditions and circumstances of the holding in the social services establishment, including an assessment of whether the necessary care of the person can be provided by less and less restrictive measures. If necessary, the court shall also invite other experts.
(5) If the court has declared the inadmissibility of the further possession of a person in an establishment of social services, it shall, within 24 hours of its issue, deliver this decision to the person present, its representative, the guardian for proceedings, the provider of social services, the Ministry of Labour and Social Affairs, the court responsible for the proceedings in respect of the custody of a person and the municipal authority of the municipality with extended jurisdiction, in whose territory that person has a permanent or declared residence. At the same time, the Court of First Instance shall take other appropriate measures to enable one to become familiar with the content of the decision in an appropriate form and to have it at his disposal. The court responsible for the proceedings in respect of the custody of a person shall be served even if the admissibility of the possession of a person in a social service facility is declared.
(6) Paragraph 66, 68, 69, 71 to 74 shall apply mutatis mutandis.
Where the court has stated that the possession of a person in a social services establishment is permissible or has suspended proceedings, proceedings may be initiated for the same reasons only after 30 days from the date of the legal authority of the decision which has given rise to the admissibility of a person in a social services establishment or which has been terminated.
7) § 91a of Act No. 108 / 2006 Coll., on Social Services, as amended by Act No. 189 / 2016 Coll.
8) Sections 92 and 115 of Act No. 108 / 2006 Coll., as amended. '
Transitional provision
The procedure for the declaration of inadmissibility of holdings in social services facilities initiated and final before 1 August 2016 shall be completed in accordance with Section 84 of Act No. 292 / 2013 Coll., as effective before 1 August 2016.
Amendment to the Health Services Act
In Article 45 of Act No. 372 / 2011 Coll., on health services and the conditions for their provision (Health Services Act), as amended by Act No. 303 / 2013 Coll. and Act No. 60 / 2014 Coll., the dot is replaced by a comma at the end of paragraph 3 and the following points (g) and (h) are added:
"(g) at the request of a patient to whom he provides subsequent or long-term bed care for the same disease or accident lasting, including subsequent or long-term bed care provided by previous providers, for a continuous period of more than 60 days, to issue written confirmation of this fact for the purposes of proceedings for a care allowance under the Social Services Act;
h) to allow the social workers of the Labour Office of the Czech Republic - regional branches and branches for the capital city of Prague and social workers of the Ministry of Labour and Social Affairs to carry out a social investigation with the patient referred to in point (g) for the purposes of the management allowance procedure under the Social Services Act and to communicate to them the information necessary for this investigation; This shall not interfere with the provision of health services. ';
EFFECTIVE
This Act shall enter into force on 1 August 2016.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 189 / 2016 Coll., amending Act No. 108 / 2006 Coll., on Social Services, as amended, Act No. 292 / 2013 Coll., on Special Judicial Procedures, as amended by Act No. 87 / 2015 Coll., and Act No. 372 / 2011 Coll., on Health Services and Conditions of Provision (Health Services Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.06.2016 |
|---|---|
| Effective from | 01.08.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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