Decree No. 191 / 2005 Coll.
Disability decree excluding admission to a home of care for war veterans, reimbursement of the cost of residence in a home of care for war veterans and cases where reimbursement of the cost of residence in a home of care for war veterans is not required
Valid
Order
Effective from 01.06.2005
191
DECLARATION
of 10 May 2005
on disability excluding admission to a home of care for war veterans, reimbursement of the cost of residence in a home of care for war veterans and cases where reimbursement of the cost of residence in a home of care for war veterans is not required
The Ministry of Defence provides, pursuant to § 6 (3) and § 7 (1) of Act No. 170 / 2002 Coll., on War Veterans, hereinafter referred to as "the Act":
Disability excluding admission to home care of war veterans
(1) A war veteran ("veteran"), his wife or spouse (spouse or partner), whose health status requires the provision of constitutional care or permanent treatment and service by another person, and a veteran, his wife or partner (spouse or partner) suffering from the following medical conditions, cannot be admitted to the home of care of war veterans ("home"):
(a) infectious and parasitic diseases of all species and stages in which it may be a disease source;
(b) tuberculosis, with the exception of stages P III and M III and other stabilised and inactive forms; a certificate shall be issued by the competent expert,
(c) STDs at acute stage; at a chronic stage only on the basis of the opinion of the competent expert, which must not be contrary to specific legislation1),
(d) psychosis, severe mental disorders and severe dementia in which a sick person may put himself and others at risk, or his behaviour makes it impossible to coexist peacefully in a collective;
(e) chronic alcoholism and other serious toxicomania, unless the habit and behaviour of a citizen has been eliminated, makes it impossible to coexist peacefully in a collective. The certificate shall be issued by the expert doctor - psychiatrist of the relevant medical institution,
(f) imbecility and idiocy.
(2) If the nursing department is not established in the home, a veteran and his wife or spouse (spouse or partner) suffering from the following medical conditions may not be admitted to the home:
(a) malignant neoplasms of all types and localisation, unless remission has been achieved after comprehensive treatment and metastases have been detected at the time of the intended home intake;
(b) diabetes mellitus, uncompensated by a standard diet and usual oral medicines or insulin and if complications occur,
(c) multiple cerebrospinal sclerosis, if long-term remission or not stabilised form has not been achieved with complex treatment; the certificate shall be issued by the head doctor of the neurological department of the relevant medical establishment;
(d) degenerative nerve diseases, in particular amyotrophic lateral sclerosis, bulbary paralysis, neuropathies associated with hereditary ataxia, progressive brain and brain atrophy, if long-term remission or not stabilised form has not been achieved with complex treatment; the certificate shall be issued by the head doctor of the neurological department of the relevant medical establishment;
(e) heart disease at the stage of decompensation associated with significant limitations in momentum and self-handling;
(f) severe trophic changes in the extremities of vascular origin and ischemic changes in the extremities by internal treatment and in the gangrenous stage,
(g) failure of respiratory function of any origin associated with significant mobility and self-service limitations;
(h) chronic liver disease at decompensation stage;
(i) chronic kidney disease at stage of failure,
(j) chronic fistulating osteomyelitis of any etiology;
(k) irreparable post-fracture and luxation conditions, in particular lower extremities and spine, with severe mobility limitations;
(l) amputations with more severe restriction or impossibility of movement, where it is not possible to expect to carry prosthesis or self-sufficiency with the help of crutches or wheelchair control;
(m) post-injury or surgery of the brain, spinal cord, spine, with permanent mobility disorder which significantly reduces self-use,
(n) other handicaps of the locomotive apparatus of any origin with a more severe anatomical and functional restriction and a significant difficulty in self-operating; or
(o) impaired sensory functions, in particular vision and hearing, which cause significant limitations or loss of orientation or normal communication.
Reimbursement of home costs
(1) The veteran, his wife or spouse (spouse or kind) shall pay the share of the cost of living, accommodation and subsistence services (hereinafter referred to as "cost reimbursement ') for their stay at home. The accommodation services are energy consumption, hot and cold water consumption, cleaning, washing and cooking.
(2) Unless otherwise specified, the cost per person per day shall be:
a) 85 CZK total for provided housing,
b) 70 CZK for services connected with stay,
c) 85 CZK for a full-day meal which includes breakfast, lunch and dinner.
(3) The amounts referred to in paragraph 2 (a) may be increased by up to 30% under local conditions provided for in the provision of above-standard care, accommodation in a spa facility, outpatient care or institutional care.
(4) The reimbursement of the cost of a calendar month for a permanent stay in a home shall be set at thirty times the sum of the amounts referred to in paragraphs 2 and 3; for a temporary stay in a home it shall be multiplied by the number of calendar days of actual stay.
(5) If a veteran with a spouse or partner (spouse or species) is housed in a home, one half of the total of their income is the basis for calculating each of the costs. Receipt means the regular income specified in the Life Minimum Act (7). Receipts shall be first collected on the date of acceptance of the veteran, his wife or mate (spouse or companion).
(6) If, during the calendar month, the facts relevant for the calculation of the reimbursement of costs change, the amount of the reimbursement shall be re-determined from the beginning of the following calendar month. This shall not apply if, during a calendar month, the income needed to ensure nutrition and other essential personal needs is reduced under a specific legal provision for determining the amount of remuneration; in such cases, the remuneration shall be refixed from the date on which such revenue was paid. If a veteran or spouse (spouse or species) is present in the same home and one of them ends his stay in an institution or dies during a calendar month, the remuneration shall be refixed from the day following the date on which the change occurred.
Reimbursement of costs of staying a veteran away from home
(1) For a pre-announced stay away from home in writing, the veteran, his wife or spouse (spouse or species) shall pay for each such day the cost of housing and 20% of the cost of accommodation services.
(2) If the reimbursement of the costs provided for in Article 2 has already been paid for the whole calendar month, the home shall, for each day of the pre-announced stay of the veteran, his wife or spouse (spouse or spouse), be returned to his home for a proportion of the costs, except for the amounts referred to in paragraph 1.
(3) A day away from home shall be considered the calendar day on which the veteran, his wife or spouse (spouse or species) stayed away from home and did not take any food. Stay away from home due to treatment or location in a health facility shall always be considered as a pre-notified stay away from home in writing.
(4) If a pre-notified stay away from home is less than a calendar day during the day immediately preceding the day of stay away from home or the day following that day, or if the stay away from home begins during a calendar day, it shall continue to run until the following calendar day and end during that calendar day, it shall return home for a pre-determined diet a proportion of the cost paid corresponding to the number and type of meals not collected. The compensation paid may be granted in the form of a food equivalent to the number and type of uncollected meals, in agreement with the veteran, his wife or his spouse (spouse or species).
Payment of costs
(1) The reimbursement of costs shall be due by the end of the calendar month for which it belongs. When admitted to home during a calendar month, a proportion of the costs shall be paid for that calendar month from the date on which they enter home.
(2) The amount of the reimbursement determined in accordance with Sections 2 and 3 shall be rounded down to the whole crown.
Waiver of reimbursement
Reimbursement of the costs of temporary residence of a veteran, his wife or mate (spouse or mate) in a home shall not be required if they have been admitted to home because of a difficult social situation due to a natural disaster or accident that endangers the life or health of persons.
Efficacy
This Decree shall take effect on 1 June 2005.
Minister:
JUDr. Kühnl v. r.
1) For example, Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended by Act No. 254 / 2001 Coll., Act No. 274 / 2001 Coll., Act No. 86 / 2002 Coll., Act No. 13 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 362 / 2003 Coll., Act No. 167 / 2004 Coll.
2) Paragraph 6 (2) of Act No. 170 / 2002 Coll., on War Veterans.
6) Paragraph 6 (2) of Act No. 170 / 2002 Coll., on War Veterans.
7) Act No. 110 / 2006 Coll., on Life and Existing Minimal, as amended.
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Regulation Information
| Citation | Decree No. 191 / 2005 Coll., on Disability excluding admission to home care of war veterans, reimbursement of the cost of residence in the home of war veterans and cases where reimbursement of the cost of residence in the home of war veterans is not required |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.05.2005 |
|---|---|
| Effective from | 01.06.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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