Act No. 38 / 2025 Coll.
Act amending Act No. 108 / 2006 Coll., on Social Services, as amended, and other related laws
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Effective from 01.03.2025
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38
THE LAW
of 22 January 2025
amending Act No. 108 / 2006 Coll., on Social Services, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Social Services Act
Act No. 20 / 17, Act No. 21 / 20, Act No. 21 / 2006 Coll., Act No. 21 / 2006 Coll., Act No. 21 / 2007 Coll., Act No. 20 / 2007 Coll., Act No. 33 / 2008 Coll., Act No. 33 / 2013 Coll., Act No. 13 / 2013 Coll., Act No. 13 / 2008 Coll., Act No. 11 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 54 / 2011 Coll., Act No. 54 / 2011 Coll.
3. In the first sentence of Paragraph 14a (1), the words "social health services under Section 36 or 'shall be inserted after the word" provision'.
8. After Paragraph 33, the following Section 33a is inserted:
Community Service
(1) Field services, outpatient services and accommodation services provided in accordance with § 47 to 51, which are provided in such a way as to enable a person to have an independent way of life corresponding to his or her normal life of persons of his or her age and to prevent his or her segregation, are referred to as community services.
(2) The location of an outpatient service provided as a community service must not create sites with a higher number of persons to whom the social service is intended. Accommodation services provided as community services are provided only in an apartment, an apartment house or a family house located in the ordinary building of the village. The location of the accommodation service provided as a community service must not create sites with a higher number of persons to whom the social service is intended and create an environment different from the ordinary community.
(3) The implementing legislation lays down requirements for the location of outpatient and residential services provided as community services on the site and the maximum capacity criteria for the location of the residential service provided as community services on the site and in the housing. '
12. Paragraph 36, including the title, reads:
Social-health services
(1) Social services are the coordinated provision of social and health care to a person whose condition requires the provision of social and health care at the same time.
(2) Social health services may be provided in day-to-day services centres, day-to-day residents, weekly residents, homes for disabled persons, homes for elderly people, homes with a special regime, mental health centres or relief services facilities, on the basis of authorisations for the provision of social services in these social services facilities as well as health services under the Health Services Act. "
footnotes 19 and 20 are deleted.
15. In Paragraph 48, the sentence "The social services referred to in the first sentence shall be provided to children on condition that children are not accommodated in the rooms at the same time as adults or do not share common facilities for leisure activities and common areas for hygiene and meals, not for parents and their children."
17. in Article 70a (1) and (2):
"(1) The Mental Health Centre provides outpatient and off-road services to persons with a mental or behavioural disorder and to persons with a demonstrable risk of developing a mental or behavioural disorder that is in an unfavourable social situation and to persons close to them.
(2) The services referred to in paragraph 1 may be provided only when providing health services provided at the centre of mental health under the Health Services Act,
(a) in the framework of the social services referred to in Article 36; or
(b) through a health service provider establishing a mental health centre under the Health Services Act under a contract concluded with it. "
18. In Paragraph 70a (3), the words "mental health centres shall be provided in field or outpatient form, 'shall be replaced by" referred to in paragraph 1'.
20. Paragraph 79 (1) (f) reads as follows:
"(f) ensuring personnel, material and technical conditions corresponding to the description of the provision of social services, depending on:
1. the type and form of social service and whether it is a community service;
2. social services capacity,
3. the heading of the persons for whom the social service is intended; and
4. the temporal scope of the provision of social services; ';
22. in Paragraph 79 (1), the following point (g) is inserted after point (f):
"(g) compliance with the conditions for the provision of social services under Article 33a (2), in the case of a service of a community character,"
Points (g) and (h) shall be renumbered as points (h) and (i).
23. in § 79 (1) (i):
"(i) the fact that the applicant does not have tax arrears, insurance premiums and public health insurance periodic penalty payments, insurance premiums and social security periodic penalty payments and contributions to national employment policy; an amount whose payment is authorised in instalments shall not be considered to be outstanding. ';
24. in Paragraph 79 (3), the words "register register" shall be replaced by the words "register."
26. in Paragraph 79 (5) (d), the words "indicating whether the service is a community service" shall be added at the end of the text of point 2.
27. in Article 79 (5) (d), the words "where the provision of social services is concerned, a description of the coordination of the provision of social and health care shall also be added at the end of the text of point 4."
29. in § 79 (5) (d) (9):
"9. Means of providing health care to the extent of nursing care under the Law on health services, if the provider of such social services has decided to provide social services under Article 34 (1) (c) to (f) or (v), or if the provider of such social services has decided to provide social services,"
30. in Paragraph 79 (5) (e), the words "register register" are replaced by the words "register."
31. in Article 79 (5) (g), the words "and (v), if a stay service is concerned," shall be inserted after the words "(c) to (f)," and at the end of the text of the provision, the words "if the applicant is required to have the operating rules established under the Public Health Protection Act";
32. in Article 79 (5), the comma at the end of point (k) is replaced by a dot and point (l) is deleted;
33. In Paragraph 79, the following paragraph 7 is inserted after paragraph 6:
"(7) The implementing act shall lay down the details and scope of the description of the implementation of the provision of social services referred to in paragraph 5 (d) (4). ';
34. The following Section 80a is inserted after Section 80:
(1) The provider of residence services pursuant to § 34 (1) (c) to (f) and (v) is obliged to provide health care to the persons to whom it provides such services at the latest by the date of the start of the provision of such services in the scope of nursing care under the Health Services Act.
(2) The provider of residence services referred to in paragraph 1 shall ensure the provision of healthcare through:
(a) its employees, if they are entitled to provide health services under the Health Services Act, within the framework of the Social Services under Paragraph 36; or
(b) another health service provider based on:
1. domestic care contracts within the scope of nursing care; or
2. informing health insurance companies of the necessity of providing domestic care to the extent of nursing care, allowing the provision of such health care in their social services facilities by a health service provider provided by a health insurance company.
(3) The provider of residence services referred to in paragraph 1 shall notify health insurance undertakings as referred to in paragraph 2 (a). (b) point 2 at the latest 2 months before the intended date of start of the provision of social services.
(4) The provision of health care shall be ensured as long as the social service provider provides the social services referred to in paragraph 1. ';
35. in Paragraph 81 (2) (d), the words "indicating whether the service is of a Community nature," shall be inserted after the words "provided."
36. The following Section 81a is inserted after Section 81:
(1) The social service provider must comply with the conditions laid down in Paragraph 79 (1) throughout the period of provision of the social service.
(2) The social service provider may provide only the types of social services and in the form of the provision specified in the marketing authorisation. A provider of social services provided in social services facilities may only provide such services at the places specified in the marketing authorisation. ';
37. in § 82 (3) (a):
"(a) the social service provider has ceased to comply with one of the conditions set out in § 79 (1), § 80, 80a or § 81a (2) and has not remedied that deficiency within the time limit laid down by the registering authority pursuant to § 82a (2),"
38. in § 82a (1), the words "prescribed for registration" shall be replaced by "§ 79 (1), § 80, 80a and § 81a (2)."
41.In Paragraph 88 (e):
"(e) to process and publish internal rules for the submission and handling of complaints;"
42. In Paragraph 88, at the end of point (k), the dot is replaced by a comma and the following point (l) is added:
"(l) respect and protect the privacy, integrity and dignity of the persons to whom they provide social services."
43. In Section 89 (6) of the final part of the provision, the words "members of the inspection team 'are replaced by the words" inspectors'.
44. The following Section 89a is inserted after Section 89:
If social-health care is provided under the Health Services Act, the Social Services Provider shall proceed with the application of measures restricting the movement of persons under the Health Services Act; Paragraph 89 shall not apply. ';
46. In the last sentence of Paragraph 91 (1), "and 70 'is replaced by", 70 and 70a'.
49. The heading of Part Four reads:
"INSPECTIONS FOR SOCIAL SERVICES AND COMPETITION FOR SOCIAL SERVICES '.
50. In Part Four, Sections 97 to 99 are renumbered Title I, the title of which reads:
Inspection of the provision of social services'.
51.Paragraph 98 (2) reads as follows:
"(2) Inspections shall be carried out by inspectors. The inspector shall be an authorised official of the State who is assigned to perform his duties in the Ministry. ';
52. In the first sentence of Paragraph 98 (4), the words "members of an inspection team 'are replaced by the words" inspectors'; in the second sentence, the words "member of an inspection team 'are replaced by the words" inspector'.
53. In Paragraph 98 (5), the words "not covered by paragraph 2 'are deleted.
54. the following Title II is inserted after Title I:
Complaints concerning the provision of social services
(1) A complaint may be lodged against the provision of social services
(a) the person to whom the social service is or has been provided;
(b) a legal representative, guardian or supporter of a person who is or has been provided with a social service;
(c) a person close to, if the complaint cannot be lodged by the person to whom the social service is or has been provided, having regard to his or her health or because he or she has died,
(d) a person empowered by a person who is or has been provided with a social service;
(e) a household member of a person who is or has been provided with a social service authorised to represent that person under the Civil Code; or
(f) Employee of the social services provider
("the complainant ').
(2) The complaint shall be lodged with the social service provider against whom it is directed within a period of 1 year from the date on which the complaint arose. Submission of a complaint to the complainant or to a person who is or has been provided with a social service to whom the complaint relates and who is not at the same time a complainant shall not be prejudiced.
(3) The social services provider is obliged to:
(a) resolve the complaint within 30 days of the date on which it was received; that period may be extended by a further 30 days by the social services provider where justified; the extension of the time limit and the reasons for its extension must inform the complainant,
(b) inform the complainant in writing of the manner in which the complaint is handled,
(c) keep a written record of complaints lodged and of the manner in which they are dealt with; and
(d) allow the complainant to consult the complaint file and to make copies or extracts thereof.
(1) If the complainant does not agree to the processing of a complaint pursuant to Paragraph 99a or if the complaint has not been dealt with within the prescribed time limit, he may, within 60 days of receipt, request the Ministry to examine the processing of the complaint within a period of 60 days from the date of receipt of the information on the manner in which it was dealt with or from the expiry of the deadline; in the application, the complainant shall state the reason for requesting a verification of the handling of the complaint.
(2) At the request of the complainant, the Ministry will examine the handling of the complaints. The social services provider is obliged to provide the Ministry with cooperation in examining the handling of the complaint.
(3) In examining the handling of the complaint, the Ministry shall be entitled to request comments from public authorities or, where appropriate, natural and legal persons whose activities relate to the provision of social services. Such authorities and persons shall, at the request of the Ministry and within the time limit set by the Ministry, provide observations.
(4) The Ministry will postpone the request for examination of the handling of the complaint if it is manifestly unfounded, a complaint in a case which has already been examined by the Ministry or a repeated request which does not contain new facts. This information shall be communicated in writing by the Ministry to the complainant.
(5) Ministry
(a) examine the handling of the complaint by:
1.60 days from the date on which the application was received; or
2.90 days from the date on which the request was received, if the comments of the public authorities or persons referred to in paragraph 3 must be requested,
(b) develop rules for examining complaints;
(c) keep a record of the requests submitted for examination of the complaint and of the outcome of their examination;
(d) allow the complainant to view the file submitted by him and to make copies or extracts thereof; and
(e) inform the complainant and the social service provider concerned in writing of the outcome of the examination of the complaint.
(6) If a request for examination of the handling of a complaint is justified, the Ministry shall require the social services provider to remove the non-compliant situation or initiate further action to the competent public authority. The social service provider shall remove the non-compliance within a time limit set by the Ministry and report to the Ministry in writing. ';
55. In Article 100 (1), the words "or with which a social worker carries out activities under Article 109 'shall be inserted after the words" service or contribution'.
56. In Article 100 (3), the words "or with which a social worker carries out activities under Article 109 'shall be inserted after the words" the provision of services or contributions'.
57. In Article 100, the following paragraph 5 is added:
"(5) The sharing of data concerning persons to whom social services are provided pursuant to § 36, social workers and social services workers with health professionals whose coordination they are provided to the extent necessary for the provision of such services shall not be regarded as a breach of the confidentiality obligation referred to in paragraph 1. ';
58. In Paragraph 100a (2), the number "52 'is deleted.
59. In Article 107, at the end of paragraph 2, the dot is replaced by a comma and the following points (s) to (y) are added:
"(s) shall not establish or publish internal rules for the submission and handling of complaints pursuant to Paragraph 88 (e);
(t) fails to fulfil any of the complaint obligations under Paragraph 99a (3);
(u) does not provide cooperation to the Ministry in the examination of the handling of the complaint pursuant to Paragraph 99b (2);
(v) shall not remove non-compliance or submit a written report on compliance with this obligation pursuant to Paragraph 99b (6) within a time limit set by the Ministry;
(w) does not determine the amount of remuneration for the provision of social services under § 73 (3) to (5) or § 74 (3) and (4), although it is not a social service under § 74a (1);
(x) does not provide information on the amount of the social service payments referred to in Article 74a (2) or changes that amount in contravention of Article 74a (2); or
(y) provides the social service to the mental health centre under § 70a without providing health services provided at the mental health centre under the Health Services Act under § 70a (2) (a) or (b). "
60. in Paragraph 107 (2) (x), the word "or" shall be deleted;
61. In Article 107, at the end of paragraph 2, the dot is replaced by "or 'and the following point (z) is added:
"(z) fails to fulfil the obligation to respect and protect the privacy, integrity and dignity of the persons to whom it provides social services, pursuant to Paragraph 88 (l)."
63.In Article 107 (5) (b), "and (r)" is replaced by "(r), (s) and (t)."
64. in Article 107 (5), the following point (c) is inserted after point (b):
"(c) 50 000 CZK if the offence referred to in paragraph 2 (y) applies,"
Points (c) to (f) shall be renumbered (d) to (g).
65.In Article 107 (5), the words "and (x)" shall be added at the end of the text of point (e).
66. in Article 107 (5), the following point (f) is inserted after point (e):
"(f) 300 000 CZK if the offence referred to in paragraph 2 (z) applies,"
Points (e) and (f) shall be renumbered as points (f) and (g).
67.In Article 107 (5), the words "(u) and (v)" shall be added at the end of the text of point (f).
68. In Paragraph 107, at the end of paragraph 5, the dot is replaced by a comma and the following point (h) is added:
"(h) 1,5 times the sum of the subsidies provided for in Article 74a (1) taken during the period in which the social service provider requested payments of an amount set in breach of Article 73 (3) to (5) or Article 74 (3) and (4), if it is an infringement pursuant to paragraph 2 (w)."
69. in Article 108 (d) (3), "and (r)" is replaced by "(r) to (y)."
70.In Article 108 (d) (3), the text "y)" is replaced by the text "z)."
77.In Paragraph 116 (9), "24 hours per calendar year" is replaced by "48 hours per 2 consecutive calendar years."
80. In Paragraph 119 (2), the text "§ 33a (3)" is inserted after the text "§ 9 (6)."
Transitional provisions
1. If the procedure for granting the care allowance pursuant to Article 16 of Act No. 108 / 2006 Coll., as effective until 31 December 2028, has entered into the procedure for granting the care allowance pursuant to Article 52 of Act No. 108 / 2006 Coll., as effective until 31 December 2028, and the procedure has not been definitively completed by 31 December 2028, the procedure shall be completed with the medical institution which entered into the procedure for granting the care allowance and the health establishment shall be entitled to the amounts of the care allowance due until the date of death of the applicant for the care allowance pursuant to Article 16 of Act No. 108 / 2006 Coll.
2. Paragraph 80a (2) of Act No. 108 / 2006 Coll., as effective from the date of the entry into force of this Act, shall not apply in the case of a provider pursuant to § 34 (1) (c) to (f) of Act No. 108 / 2006 Coll., as amended, which provides health care to the extent of nursing care under the Law on Health Services in accordance with Article IV (1).
3. The Social Service Provider who, prior to the date of entry into force of this Act, provided the social service pursuant to § 37, 44, 46, 65 or 70 of Act No. 108 / 2006 Coll., as amended, and applied for that service before the date of entry into force of this Act, and applied for the provision of funds pursuant to § 101a of Act No. 108 / 2006 Coll., as effective before the date of entry into force of this Act (hereinafter referred to as "the funds'), and which, from the date of entry into force of this Act, provides the social service under § 70a Act No. 108 / 2006 Coll., as from the date of entry into force of the Act,
(a) instead of a social service for which an application for funds has been submitted; or
(b) in the part of the social service capacity for which the application for funding has been submitted;
For the purposes of providing and drawing up funds in 2025, in the case of multi-annual funding until the date of its termination, the social service provider shall be deemed to be provided in accordance with § 37, 44, 46, 65 or 70 of Act No. 108 / 2006 Coll., as amended, to the extent of the social service provided before the date of entry into force of this Act.
Amendment to the Health Services Act
Act No. 20 / 21, Act No. 20 / 2015 Coll., Act No. 20 / 2015 Coll., Act No. 20 / 2015 Coll., Act No. 20 / 2016 Coll., Act No. 41 / 2016 Coll., Act No. 44 / 2019 Coll., Act No. 45 Coll., Act No. 45 / 2013 Coll., Act No. 45 / 2013 Coll., Act No. 60 / 2014 Coll., Act No. 20 / 2016 Coll., Act No. 74 / 2017 Coll., Act No. 20 / 2016 Coll.
1. The following Section 2a is inserted after Section 2, including the title and footnote 65:
Social-health services
Health services can also be provided as part of the Social and Health Services Act 65). Only as part of social health services can be provided
(a) social-health care referred to in Article 9 (2) (e);
(b) nursing care in social services establishments pursuant to Article 10 (1) (c);
(c) health services provided within the mental health centre pursuant to § 44b.
65) Article 36 (1) of Act No. 108 / 2006 Coll., as amended. '
2. footnote 9 shall read:
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Regulation Information
| Citation | Act No. 38 / 2025 Coll., amending Act No. 108 / 2006 Coll., on Social Services, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.02.2025 |
|---|---|
| Effective from | 01.03.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
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