Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 28 / 1993 Coll.
Decree of the Ministry of Labour and Social Affairs of the Czech Republic amending and supplementing Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 182 / 1991 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of Bodies of the Czech Republic in Social Security, as amended
Valid
Effective from 01.01.1993
28
DECLARATION
Ministry of Labour and Social Affairs of the Czech Republic
of 22 December 1992
amending and supplementing the Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 182 / 1991 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the jurisdiction of the institutions of the Czech Republic in Social Security, as amended
The Ministry of Labour and Social Affairs of the Czech Republic provides, pursuant to § 58 (a), (c) to (e) and (i) of the Act of the Czech National Council No. 114 / 1988 Coll., on the jurisdiction of the Czech Socialist Republic institutions in social security, as amended by the Act of the Czech National Council No. 144 / 1991 Coll. and the Act of the Czech National Council No. 582 / 1991 Coll., and pursuant to § 127 (1) (b) of the Czech National Council Act No. 590 / 1992 Coll.:
The Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 182 / 1991 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of the Bodies of the Czech Republic in Social Security, as amended by the Act of the Czech National Council No. 482 / 1991 Coll. and the Act of the Czech National Council No. 582 / 1991 Coll., is amended as follows:
1. the title of the first part shall be:
"Health assessment and workability."
2. Sections 1 to 3, including the title, read:
(1) The treating physician of the citizen under consideration shall draw up medical documentation for the assessment of the health and working capacity of citizens in social security and social care matters on the basis of his own examination and medical reports issued by professional doctors; If it is an occupational disease, it does so on the basis of the medical report of the department (clinic) of the occupational disease of the medical institution.
(2) The doctor of the district social security administration checks the accuracy and completeness of the medical documentation. In assessing the state of health and the working capacity of citizens, the county social security administration's doctor shall take into account the results of his own examination and may use the conclusions of other health institutions. The doctor of the district social security administration informs the citizen concerned of the outcome of the assessment, including a lesson on the possibilities for further action.
(1) The district social security administration will request medical documentation for the assessment of the health and working capacity of the citizen no later than three working days after receipt of the benefit application or social security service.
(2) The health care establishment shall submit the medical documentation referred to in paragraph 1 to the district social security authority:
(a) within 14 calendar days of the date on which the application for a medical dossier was received from the medical establishment;
(b) within 21 calendar days of the date on which the application for medical documentation was received to the healthcare establishment in cases where the medical report must be supplemented by evidence of further technical examination.
(3) The doctors of the district social security administration will carry out a medical examination of the benefit or social security service within 14 calendar days of the date on which the district social security administration took over the complete medical documentation.
Assessment commission of the Ministry of Labour and Social Affairs of the Czech Republic
(1) The Ministry of Labour and Social Affairs of the Czech Republic (hereinafter referred to as "the Ministry") mandates its staff with the agreement of these staff. Other members of the evaluation committees are specialist doctors of individual clinical disciplines.
(2) The Ministerial Review Committee is able to act and to make a resolution if the assessor, who is the chairman of that commission, is present, the Secretary and the other physician. The ministerial review committee shall act by a majority vote.
(3) The expert doctor, who is Chairman of the Ministry's assessment committee, manages the deliberations of that commission, determines its specific composition, decides on the classification of individual cases for the hearing and identifies the citizen concerned with the outcome of the assessment, including a lesson on the possibilities for further action.
(4) At their request, other citizens and representatives of legal persons may be invited to the hearing of the Ministerial Assessment Board, if they are expected to contribute to clarifying the serious circumstances relevant to the assessment conclusion, with the agreement of the citizen concerned.
(5) Without the consent of the citizen under consideration, the treating physician or other specialist may be invited to the hearing if this is necessary in order to assess the health status of the citizen under consideration. The treating physician of the citizen concerned must be invited to the hearing if he so requests.
(6) A representative of a natural or legal person with whom the citizen is or has been last employed, a representative of the trade union and a representative of the relevant civil society of the disabled shall be invited to the hearing if they so request and the citizen concerned agrees.
(7) In the absence of the Secretary-General of the Ministerial Review Committee and of the persons referred to in paragraphs 4 and 6, if the doctor of the citizen concerned is investigating the hearing.
(8) Paragraph 1 applies mutatis mutandis to the Ministerial Assessment Committee. "
3. Sections 4 to 6 and 22, including the title, shall be deleted.
4. In Article 31 (1), the words "older than one year" shall be inserted after the words "Citizens."
5. In the second sentence of Paragraph 33 (1), the words "does not provide or lend to the public health administration 'are replaced by the words" does not pay or lend to the health insurance undertaking concerned' and the word "second 'is inserted after the word" purchase'.
6. In Paragraph 33, the following paragraph 7 is inserted after paragraph 6:
"(7) The contribution to the special assistance measures referred to in paragraphs 1 to 6 shall be granted at an amount which allows for the measure of the aid in the basic design, meaning that the citizen is fully fit and meets the conditions of the least economic difficulty. ';
Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.
7. In Paragraph 34 (7), the word "child 'is replaced by the words" dependent child'.
8. In Paragraph 35 (1), the words "a citizen does not own a motor vehicle 'are replaced by the words" a citizen does not hold a motor vehicle'.
9. In the first sentence of Paragraph 35 (2), the word "child 'shall be replaced by the words" dependent child'; in the second sentence, the word "child 'shall be replaced by the words" dependent child' and the words "who, where appropriate, care for them even after maturity 'shall be deleted. At the end, the following sentence is added:" The condition is that the motor vehicle will be used for the transport of this dependent child.'
10. Paragraph 35 (3) shall be deleted.
11. Article 35 (5) reads as follows:
"(5) For the citizens referred to in paragraphs 1 and 2, the amount of the allowance for the purchase of a motor vehicle shall be determined taking into account the property situation of the citizen and his family, but not more than 60 000 Kčs; the condition is that the purchase price of the motor vehicle does not exceed four times that amount and the citizen enters into an insurance contract without delay for the motor vehicle in case of damage, destruction or theft. ';
12. In Paragraph 35 (9), the dot is replaced by a comma at the end of the first sentence and the words "or, if a motor vehicle ceases to be used for the transport of an uninsured child referred to in paragraph 2 are added. ';
13. in Paragraph 36 (2), the word "children" shall be replaced by the words "dependent children."
14. In Article 36 (5), the following sentence is added to the beginning: "The amount of the contribution to the operation of a motor vehicle in accordance with paragraphs 3 and 4 shall be determined in the calendar quarter from the price of petrol 90 Special sold by Benzina a. s. at the seat of the district office, valid on the first day of the calendar quarter. '
15. in Paragraph 37, the words "points (a) to (g)" shall be inserted after the words "Annex 5."
16. in Article 61 (1), the following points (i) and (j) are inserted after point (c):
"(i) institutes for chronic alcoholics and toxicators,
(j) institutes for chronic psychotics and psychopaths, "
Points (i) and (j) shall be renumbered as points (k) and (l).
17. in Paragraph 61 (2), "(a) to (i)" shall be replaced by "(a) to (k)";
18. In Paragraph 61, the following paragraph 3 is inserted after paragraph 2:
"(3) In the institutes referred to in points (a) to (k) of paragraph 1, a separate nursing department may be established for the treatment of residents and dependants who are bedridden or who require other demanding nursing care. In the institutes referred to in paragraph 1 (k), separate nursing departments for the treatment of demented persons may be established. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
19. After Paragraph 71, the following Sections 71a and 71b are inserted:
Conventions for chronic alcoholics and toxic agents
The institutes for chronic alcoholics and toxicators are intended for adult citizens who, as a result of a biopsychosocial disability, require institutional care, but not therapeutic care in a bed-based medical facility.
Conventions for chronic psychotics and psychopaths
The institutes for chronic psychotics and psychopaths are intended for adult citizens who, as a result of disability, require constitutional care, but not therapeutic care in a bed-care facility. "
20. Paragraph 98 (4) reads as follows:
"(4) The district office may provide a foster parent in an establishment which cares for four or more entrusted children with a cash allowance for the purchase of a motor vehicle of up to 60 000 CZK; the condition is that the foster father enters into an insurance contract without delay for a motor vehicle in case of damage, destruction or theft. ';
21. In Paragraph 98, the following paragraphs 5 to 7 are added after paragraph 4:
"(5) Instead of a contribution to the purchase of a motor vehicle, a contribution to the overall repair of a motor vehicle may be granted up to a maximum of 60 000 Kns, provided that five years have elapsed since its purchase. Exceptionally, a contribution may be granted for the overall repair of a motor vehicle before the expiry of a period of five years, provided that such repair is demonstrated to be unavoidable and that the damage to the motor vehicle was not caused by a foster parent.
(6) When granting the allowance referred to in paragraphs 4 and 5, the district office shall conclude an agreement with the foster family to return the allowance or a proportion thereof in the event that, before the expiry of a period of five years from the date of the foster care allowance, the foster care institution ceases to be in the establishment or the owner of the motor vehicle.
(7) A forerunner to whom a contribution has been granted under paragraph 4 may also receive a contribution from the district office to cover the statutory insurance of liability for damage caused by the operation of motor vehicles in full by this premium provided for in the special regulation.8) '.
22. In Paragraph 99 (2), the words "aqueous, cultured 'shall be inserted after the words" fuels'.
23. the last sentence of Paragraph 109 (1) shall be deleted.
24. § 110 is released.
25.
"Annex No 1 to Decree No 182 / 1991 Coll.
Reimbursement for care activities Reimbursement to voluntary care workers
Rewards to voluntary care workers
a) Reimbursement for actions in families with children
b) Reimbursement for actions for severely disabled citizens and old citizens
(c) Rewards to voluntary care workers
| Maximální částka denně v Kčs | |||||||||||
| a) | b) | c) | |||||||||
| Úkony, kterými jsou zabezpečovány nezbytné životní potřeby | |||||||||||
| 1. | běžné úkony osobní hygieny | – | – | 5 | |||||||
| 2. | celková koupel včetně umytí vlasů v domácnosti příjemce | – | – | 10 | |||||||
| 3. | celková koupel včetně umytí vlasů ve středisku osobní hygieny | – | – | 8 | |||||||
| 4. | donáška nebo dovoz oběda nebo jiného teplého jídla | – | – | 3 | |||||||
| 5. | donáška uhlí, dřeva, vynesení popele za každých 15 kg | – | – | 3 | |||||||
| 6. | jednoduché ošetřovatelské úkony | – | – | 5 | |||||||
| 7. | nákupy a nutné pochůzky | – | – | 5 | |||||||
| 8. | donáška vody, topení v kamnech, čištění kamen | – | – | 5 | |||||||
| Další úkony: | |||||||||||
| 9. | práce spojené s udržováním domácnosti | 15 | 15 | 15 | |||||||
| 10. | příprava a uvaření oběda nebo večeře | 12 | 12 | 12 | |||||||
| 11. | doprovod na vyšetření, doprovod dětí do mateřské školy | 7 | 7 | 7 | |||||||
| 12. | praní drobného osobního prádla, jeho žehlení a drobné úpravy | 7 | 7 | 7 | |||||||
| 13. | výchovná práce s dětmi | 20 | neposkytuje se | 20 | |||||||
| 14. | dohled nad těžce postiženým dítětem | 7/hod. | neposkytuje se | 7/hod. | |||||||
| 15. | ošetření nohou (pedikura) | neposkytuje se | 7 | 7 | |||||||
| 16. | obtížnost výkonu pečovatelské služby | 6 | 6 | 6 | |||||||
| 17. | průvodcovská služba pro nevidomé na lékařské vyšetření a vyřizování úředních záležitostí | 5 | 5 | 5 | |||||||
| 18. | tlumočnická služba pro neslyšící při návštěvě lékaře a při vyřizování úředních záležitostí | neposkytuje se | 35/hod. | 35/hod. | |||||||
| 19. | noční služba od 22 hod. do 6 hod | ||||||||||
| a) pohotovost s možností spánku | 15 | 15 | 15 | ||||||||
| b) služba spojená s prováděním ošetřovatelských úkonů | 30 | 30 | 30 | ||||||||
| 20. | mimořádné úkony | ||||||||||
| a) praní velkého prádla, prádla značně znečištěného ve středisku osobní hygieny nebo v prádelně pečovatelské služby – úhrada i odměna dobrovolných pracovníků pečovatelské služby za 1 kg suchého prádla včetně jeho vyžehlení | 7 | 7 | 7 | ||||||||
| b) velký úklid po malířích nebo jiných řemeslnících apod. | 20/hod. | 20/hod. | 20/hod. | ||||||||
| 21. | Zvýšení maximální denní částky | ||||||||||
| a) za službu vykonávanou v den pracovního klidu | – | – | o 50 % | ||||||||
| b) za výkon služby u bacilonosiče | – | – | o 50%“. | ||||||||
26. In Annex 2 (4), the last sentence is deleted.
27. In Annex No 3, paragraph 2 (c), the words "long distance 'and paragraph 3 (b) are replaced by the words" local and long distance transport'.
28. In Annex 4, point I, points 4 and 13 are deleted, point II, point 2 and point III, point 8 are deleted.
29. In Annex 6, point III reads:
| „III. a) | donášková a pochůzková služba | zdarma |
| b) | doprovod do zdravotnického zařízení | 7 Kčs“. |
30. In Annex No 6, point IV (d), in No 1, the words "1,50 KCs to 3 KCs' are replaced by the words" 2 KCs to 4 KCs' and in No 2, the words "3 KCs to 7 KCs' are replaced by the words" 6 KCs to 15 KCs'.
31. Annex 7 shall read as follows:
"Annex No 7 to Decree No 182 / 1991 Coll.
Disability contingent upon and excluding admission to institutions
A. Disability conditional on admission to institutions
1. The health condition, which justifies admission to institutions for disabled young people and disabled adults, is mainly due to the damage to motor functions in any of their components, which makes the disabled partially, largely or completely helpless or incapacitated and where there is no more severe disability in the mental sphere.
In particular, the following situations are concerned:
(a) serious birth defects of an orthopaedic nature requiring the use of particularly complex orthopaedic devices;
(b) severe birth defects and diseases of a neurological nature with a greater deficiency of inertia, particularly motor, in the area of spine, limbs and sphincter,
(c) severe congenital and permanent defects and defects of the surgical nature, surgical treatment not affected or no longer affected and requiring a special treatment regimen;
(d) hereditary, systemic, metabolic and endocrine disorders with nervous system disorders with very limited function, partly corrective orthopaedic devices,
(e) conditions following accidents or inflammation of any aetiology of an orthopaedic or neurological nature with a more severe anatomical and functional disorder, treatment and rehabilitation no longer substantially affecting, including imobility,
(f) post-neurosurgical and orthopaedic surgery, in particular with a major motor deficit, significantly limiting or preventing self-use, including immobile surgery,
(g) congenital syndromes affecting several systems with considerable difficulty in self-operating.
2. Beneficiaries that justify admission to institutions for sensory adults are those affected by sensorial functions (especially vision and hearing) that cause significant limitations or loss of orientation and normal communication; This makes the disabled generally dependent on the assistance of another person in some of the necessary life actions.
3. Disabilities that justify admission to institutions for mentally disabled young people and mentally disabled adult citizens are those that cause limitations or loss of education or, where appropriate, educational capacity and require assistance, in particular the supervision of another person, in certain major or essential life actions.
4. Beneficiaries that justify admission to institutions for chronic alcoholics and toxicators are biopsychosocial disabilities of such an extent that they require the assistance and supervision of another person. In these institutions, citizens can only be admitted on the advice of a specialist psychiatrist.
5. Disabilities that justify admission to institutions for chronic psychotics and psychopaths are disabilities that significantly restrict or completely impair the life of the affected person in the home environment, and those affected require the assistance and supervision of another person. In these institutions, citizens can only be admitted on the advice of a specialist psychiatrist.
B. Disability excluding admission
1. The institutions for the physical, sensory or mental disabled cannot be accepted by those citizens who, although they fulfil the conditions for admission, but at the time of their admission, require their health status to be treated in a bed-based health care facility, as well as citizens suffering from the following medical conditions:
(a) infectious and parasitic diseases of all types and stages in which the disease may be a source of disease;
(b) tuberculosis, with the exception of stages P III and M III and other stabilised and inactive forms; the certificate shall be issued by the medical professional of the competent medical establishment;
(c) STDs in the acute stage, in the chronic stage only on the basis of the opinion of the medical professional of the medical establishment concerned;
d) psychosis and psychological disorders in which a sick person may endanger himself and others, or his behaviour makes coexistence with the collective impossible;
(e) chronic alcoholism and other severe toxicomania, if the habit has not been destroyed, which must be demonstrated by the confirmation of the competent expert physician - psychiatrist, while respecting the time limits set by the Chief Expert - psychiatrist of the Ministry of Health of the Czech Republic.
Persons suffering from medical conditions and diseases that significantly restrict their ability to move and self-service may be admitted to the nursing departments of these institutions.
2. For chronic alcoholics and toxicators and for chronic psychotics and psychopaths, citizens who fulfil the conditions for admission may not be admitted, but at the time of their admission require their health treatment in a bed-based health facility and citizens suffering from the following medical conditions:
(a) infectious and parasitic diseases of all types and stages in which the disease may be a source of disease;
(b) tuberculosis, with the exception of stages P III and M III and other stabilised and inactive forms; the certificate shall be issued by the medical professional of the competent medical establishment;
(c) STDs in the acute stage, in the chronic stage only on the basis of the opinion of the medical professional responsible for the medical establishment.
Persons suffering from medical conditions and diseases that significantly restrict their ability to move and self-service may be admitted to the nursing departments of these institutions.
3. Citizens whose state of health requires treatment and permanent professional treatment in a bed-care facility and citizens suffering from the following medical conditions cannot be admitted to pensioners' homes:
(a) infectious and parasitic diseases of all types and stages in which the disease may be a source of disease;
(b) tuberculosis, with the exception of stages P III and M III and other stabilised and inactive forms; the certificate is issued by the competent medical professional,
(c) STD; at a chronic stage only on the basis of the opinion of the medical professional,
d) psychosis and psychological disorders in which a sick person may endanger himself and others, or his behaviour makes it impossible for the collective to coexist peacefully,
(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 will be issued by a specialist - psychiatrist of the relevant medical institution, while respecting the time limits set by the Chief Expert - psychiatrist of the Ministry of Health of the Czech Republic,
(f) imbecility and idiocy.
4. If a nursing department is not set up in social care institutions - a nursing home, the care institutions - pensioners' homes cannot receive persons suffering from the following medical conditions:
(a) malignant neoplasms of all types and locations, unless remission has been achieved after comprehensive treatment, and metastases have been detected at the time of the retirement home considered;
(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 of the neurological department of the relevant medical establishment;
d) degenerative nervous disease (amyotrophic lateral sclerosis, bulbary paralysis, spinal heredoataxia, progressive cerebral and cerebellum atrophy, etc.), if long-term remission or not stabilised form has not been achieved by complex treatment. Confirmation shall be issued by the head 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 ischaemic changes in the extremities by internal treatment and in the gangrenous phase,
(g) failure of respiratory function of any origin associated with significant mobility and self-service limitations;
(h) chronic liver disease at decompensation stage;
(ch) chronic kidney disease at stage of failure,
(i) chronic fistulating osteomyelitis of any etiology;
(j) irreparable post-fracture and luxation conditions, in particular lower extremities and spine, with more severe mobility limitations;
(k) amputations with more severe restriction or impossibility of movement in which the wearing of a prosthetic or self-sufficient with the help of crutches or wheelchair control for disabled persons cannot be expected;
(l) handicap of the locomotive apparatus of any origin with more anatomical and functional limitations and with considerable difficulty in self-operating;
(m) post-injury or surgery of the brain, spinal cord, spine, with permanent mobility disorder which significantly reduces self-use,
(n) impaired sensory functions, in particular vision and hearing, which cause significant limitations or loss of orientation or normal communication.
5. Demonstration persons may be admitted to social care institutions - pensioners' homes in cases where a nursing department for such persons is established in the Institute.
6. Baccilos may be admitted to a pensioner's home provided that the conditions required by the health service are created, on which registration must be obtained, which shall be attached to the documentation of the applicant for placement in the pensioner's home.
7. The pension for pensioners is subject to the same criteria as for admission to a pensioner's home and cannot be accepted by a citizen whose health is permanently required by another person. '
This Decree shall take effect on 1 January 1993.
Minister:
Ing. Vodice v. r.
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 28 / 1993 Coll., amending and supplementing Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 182 / 1991 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of the Bodies of the Czech Republic in Social Security, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1992 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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