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Law 6/2014, of 24 April, social and community health services since the General Council in its session of the 24th of April 2014 has approved the following: Law 6/2014, of 24 April, social services and health preamble The Andorran people's solidarity with the people and families in need has been one of the hallmarks of national identity and it has been giving priority to the prevention and sustentant in the dignity the autonomy, the responsibility of citizens and social solidarity.
The Constitution of the Principality of Andorra, picking up this spirit, establishes in the article first which is a social State and proclaims "as an early inspiration of the action of the Andorran State the respect and the promotion of freedom, equality, justice, tolerance, human rights and the dignity of the person" and, therefore, in article 6.2 preceptua that "the public authorities shall create conditions to ensure that equality and the freedom of individuals to be real and effective ". In other provisions the constitutional text refers to the protection of various groups, such as the family and children (art. 13); in areas of well-being, such as health (30), education (20), work (29) and housing (33), and in general advocated the balanced development of society and the general well-being (art. 32).
In addition to these constitutional requirements, which form the basis and define the legislative framework of the social and social-services model, the General Council has approved specific laws related to social services, such as the accessibility Law (1995); the law of kindergartens for children (1995); the law on adoption and other forms of protection of the less helpless (1996); the law of jurisdiction of minors; the law on guarantees of the rights of persons with disabilities (2002); the law of economic reactivation measures (2008), which creates the article 29 the solidarity pension for the elderly, or the Act of volunteering of Andorra (2010). On the other hand, has approved the law of social security (2008), which introduces the system of social protection some features of non-contributory mode.
At the international level, the Andorran State has taken the following resolutions, related to social services, which are currently in force: Convention on the rights of the child (1995); Optional Protocol to the Convention on the rights of the child related to the involvement of children in armed conflict (2000); Optional Protocol to the Convention on the rights of the child related to the sale of children, child prostitution and the use of children in pornography (2000); Convention relative to the protection of children and cooperation in the area of international adoptions (1996); European Convention on the recognition and enforcement of decisions concerning custody of children and on restoration of custody of children (1980); Convention on the recognition and enforcement of decisions relating to the compensatory pensions (1973); Convention on the civil aspects of international child abduction (1980); The Convention for the Elimination of any type of discrimination against women (1997); Optional Protocol to the Convention on the Elimination of all types of discrimination against women (1999), and revised European social Charter (2004). He has also ratified the Convention on the rights of persons with disabilities (2013); the Optional Protocol to the Convention relative to the rights of disabled people (2013); the agreement of the Council of Europe on the protection of children against exploitation and sexual abuse (2012); and the Convention for the prevention and the fight against violence against women and domestic violence (2013). And, finally, has signed the Optional Protocol to the Convention on the rights of the child related to a communications procedure (2012). All of these international standards have been taken into account for the elaboration of this law.
The Government has approved the national plan of social services (1995) and the national plan of social care (2008-2011), as well as various regulations of implementation of the laws and other provisions relating to the financial aid. It is important to note that, at the same time, the communes have been creating and developing, in recent years, services and local facilities to respond to the social needs of each parish; among others, youth centres, kindergartens and home care services, as well as exoneracions and help to individuals and families without resources.
All this set of policies, plans and actions have had an impact in the field of social services and have set up, without that will have, however, a law that under a model organized; that determine the rights and duties in this sector, and articulating the necessary elements to manage them and at the same time in concrete the financing system. On the other hand, does not have a rule that regulates cross form the healthcare space, which is becoming key to the comprehensive care of people and families who have social and health problems at the same time, and therefore it is necessary to create and regulate jointly on social and community health services sector, to enable the creation of synergies the optimization of resources and the provision of a more efficient service to the public.
For all that has been exposed, it is required the approval of a law of social and community health services that the concrete model; racionalitzi and order the sector, and allow them to remove the dysfunctions, the repetition and the existing territorial differences with the order of priority to improve the quality of life of individuals and families through a sound system and well articulated.
In addition, with the approval of this law will complete the Organization of the Andorran social protection, constituted basically by the social security system, the health system and the system of social and community health services.
II this law foresees that social and community health services are aimed at the entire population and a special way to the people who are in a situation of social need, of dependency, social exclusion or at risk, and do not have the means or for the personal or family resources to deal with the situation. In this sense, regulate the owners of rights and duties, in accordance with the rules governing immigration and the treaties and international agreements.
The law establishes a model of social and community health services that is based on a set of rights and duties of citizens are based on the shared responsibility of public authorities, according to its powers, and the beneficiaries and their families, who must contribute to according to their possibilities. On the other hand, is based on a society that does prevail the actions towards the autonomy of individuals and families and their participation in the resolution of the problems. At the same time, prioritize preventative actions and actions focused on the person and his dignity, enhancing solidarity and civic involvement, the voluntary action and mutual aid.
From the organizational point of view, the model is based on the articulation of a coordinated system that acts in accordance with the principle of subsidiarity so that the provision of services is made as close as possible and that the action does not replace but rather to foster and coordinate action on the beneficiary, his family and the private entities working to meet the social needs.
This organisation requires a clear delineation of public competences between the Government and the communes that avoid duplication and dysfunctions and create a framework of coordination to provide a better service to the person and an effective and efficient resource management.
In this context it should be noted the pivotal role that the law gives to the Collaborating entities in the creation and management of centres and services, as well as other actions of support, in order to optimize the public and private resources.
From the technical point of view this Bill stimulates the initial training and continuous staff, provides for the regulation of the establishment of the minimum conditions of the equipment and the setting of standards of quality of the services. It also strengthens and promotes the innovation of methods and instruments, which must have the positive effect of increasing the productivity of resources and the reduction of costs of administration and operation for the benefit of the attention.
To contribute to the stability and sustainability, it is necessary to design an effective and efficient structure and, on the basis of the principle of shared responsibility and of equity, regulate a system of co-financing, the participation of public institutions, private or semi-public competent and the co-payment for certain services by the beneficiaries or, if you do not have a of the media, by relatives or persons required by law. Likewise, this responsibility extends to the State when the user does not have sufficient resources.
In order to achieve the objectives mentioned above, the law establishes a portfolio of social and community health services that structure a set of technical, economic and technological benefits, and in particular the right of access, depending on if they are guaranteed or concurrence. In the first case, they are a subjective right for people who meet the requirements to access it; in the second, the competent public administrations shall promote the maximum accessibility to such benefits, despite the fact that grant them rest subject to budgetary availability, to the public and to the prioritisation of the situations of more need.
Likewise, the aforementioned Portfolio indicates whether the technical and technological benefits are free or a co-payment on the part of the user or, if this is the case, by relatives or persons obliged, and the economic benefits it brought personal and economic requirements to access it.
With regard to the economic benefits, the law establishes, within the aforementioned Portfolio, two solidarity pensions that guarantee a minimum income to persons with a disability that prevents or hinders access to work seriously, and another to the elderly without resources or family or people forced to help them, in accordance with the law. These pensions are compatible with those that can receive the maximum amount of other entities set up.
On the other hand, this law creates a family benefit for dependent child that is given from the first child for all families with an income below the economic threshold of social cohesion. This provision includes a number of grants that are awarded to the upbringing of children; It simplifies the procedures to the families and to the Administration, and becomes a tool for the prevention of the precariousness and social exclusion.
Complete the economic benefits the occasional addressed to the attention of other temporary or urgent needs, and so will cover other situations check that cause in our country.
In short, the law provides for the orientation towards an effective and efficient model for the benefit of the quality of services provided to citizens. On the one hand, it is necessary to know if the policies introduced by the Government achieve the goal chasing to be designed and, if applicable, look for alternatives with better efficiency. On the other hand, the evaluation of the efficiency through good policies of continuous analysis and comparison must ensure proper management of the system, the time and public resources. In this sense, the law promotes the design of corrective policies and prevention at the same time that links the desire for excellence and the pursuit of continuous improvement in the transparency of the Administration as a synonym for progress and dialogue with citizens. For this reason, it has been entrusted to the General Council that is the guarantor of the full access of citizens to the reports of the above mentioned audits.
III the law is structured in seven chapters, seventy-two articles, seven additional provisions transitional provisions, repeal a six and three final provisions.
The chapter first deals with General provisions, relating to the conceptual aspects and to the principles and to the holders of rights and duties. In the second chapter regulates the structure and components of the system of social and community health services, which are specified in the corresponding portfolio of services, an innovative instrument that determines and details the benefits in the third chapter. The fourth chapter, the first section of the law gives the rank of qualified, establishes the distribution of competence between the Government and the communes, in accordance with the Constitution and law of delimitation of competences of the common, of 4 November 1993, regulates the role of private initiative. The fifth chapter deals with the planning, the permissions in order to develop the activities of social services and community health in the Principality, and of the checks and inspections, and in the following chapter deals with the financing as a key element to ensure the rights and the sustainability of the system. The seventh and last chapter refers to the system of offences and penalties.
Chapter first. General provisions section one. Conceptual aspects and principles Article 1 object and range of the law this law aims to organise and structure the system of social and community health services to ensure that, in the terms that are established, the right of access to benefits, the programs, the protocols, and the actions that constitute one of the pillars of social protection in Andorra. In this sense, governs the rights and obligations of the beneficiaries; establishes the framework of operation and the performance of public and private agents; social and community health services portfolio specific, and defines the criteria to coordinate the actions and optimize resources.
The precepts of the first section of the fourth chapter, which regulate the distribution of authority and coordination, have the rank of law. The rest of the precepts have the rank of ordinary law.
Article 2 Definitions for the purposes of this law, the basic concepts are defined below: a) social services. Is the branch of social protection that is aimed at the individual and social well-being of the population, especially of people, families and groups in need, in order to promote autonomy, inclusion and social cohesion. Are formed by the organized set of human and material resources, benefits, programs, protocols and actions aimed at prevention, promotion and attention, especially in situations of vulnerability, exclusion and dependency.
b) Healthcare Services. Are those that are part of the branches of social protection that are addressed to people and groups who need health care and social services simultaneously in a coordinated manner and/or integrated. Are formed by the organized set of human and material resources, benefits, programs, protocols and actions of the social and health.
c) system of social services and health. Is the set of human and material resources, centres and establishments meant to develop the features, the programs, the protocols, and the shares of the portfolio of social and community health services. This system operates on the basis of common objectives and an environment of cooperation between the social services and public and private health centres dependent on their partners, they share information, experiences and knowledge, using new technologies and acting in a coordinated manner and to avoid repetition.
d) Performance techniques. Are technical interventions, aimed at people, loaned by professional teams in centres or establishments of social and community health services. Can be of diagnosis, care, promotion and integration of individuals and families.
e) economic benefits. Monetary contributions are directed to cover basic situations of livelihoods of people and families who, because of their disability, advanced age or other circumstances, are unable to work or have restricted autonomy significantly. Also can be used to prevent situations of exclusion, promote the autonomy or contribute to technical or technological benefits payment free not received.
f) technological Benefits. Are those that have as objective the support of the person, through grants of materials technology and other instruments enabler of functional autonomy in daily life and social integration. These features facilitate the access to the environment and the completion of everyday life, work and training by means of support products, as well as accessibility and adaptations of the home.
g) programs, protocols and social actions and healthcare. Are the instruments of execution of planning social and community health services for the entire population or groups or specific Territories. Have, if possible, a transversal approach with other sectors of social welfare.
h) social services and/or social Entity. It is a legal entity which has as its aim the legal act in the field of social services or health care.
and social services and Community Health Centres and establishments). Are the physical spaces, the buildings and the facilities where they are paid the benefits, programs, protocols and social actions.
j) Ministry. For the purposes of this law, is considered "competent Ministry" which has attributed the competences in the field of social services.
k) public Price of the technical or technological benefits. Is the consideration required by the public entity or, where appropriate, by the private partner made the provision, when this service is not free. Is fixed as a function of the cost of the benefit.
the economic Threshold) of social cohesion (hereinafter "LECS"). Is a reference objective, established in paragraph 1 of article 31, which is used to determine when it is considered that an individual or family unit of coexistence may need help to prevent or act in the face of situations of need or social exclusion, promote the autonomy or be beneficiary of certain services and social care programs, in the terms established in this law and the regulations of regulatory development. This threshold also serves to fix the maximum amount of certain benefits.
m) situation of precariousness. It is understood by "situation of precariousness" the situation in which they find a person or a family unit of coexistence that cannot meet the basic needs of subsistence or who have serious difficulties to cover them. It is considered that it concurs this requirement when the personal resources or of the family unit of coexistence does not outweigh the personal or familiar LECS, respectively, and the appreciation of their property does not exceed the score established the scale of asset valuation.
n) Emergency Situation. Is meant by "emergency situation" of the person or the family that has specific needs, peremptòries and basic subsistence, that require a response and immediate social solidarity.
or the heritage assessment Scale). It is an instrument that assesses the heritage of the applicants or of their families, in order to determine access to benefits, modular the amount of economic benefits and the co-payment or the cost of certain services and, if appropriate, qualified family members as required, under the terms of the law and the regulations that develop the regulations.
p) family unit of coexistence. It is made up of people who live in the same residence and are married to, or form part of a stable Union of a couple, as well as family members up to the second degree of consanguinity.
q) single-parent Family. Is the family unit composed of a father or a mother, or a grandfather or grandmother, or another consanguini family up to the second degree included in the family unit that coexist with a minor or minors, in the terms established by the regulations.
r) family and other persons required. Are family members, or family, forced to take on the public price of the technical and technological benefits and the amount of the economic benefits, the beneficiary receives the system of social and community health services, in the terms provided for in this law.
s) recognition of debt. Is the formalization of a commitment of payment that the beneficiary of the service or, if applicable, the families and the people forced, recognize with the public administration or private partner who provides a service, when due to a lack of sufficient income to pay the price the public can not pay the whole of the financial contribution that corresponds. The debt is recognized the difference between the audience and the contribution that is made.
Article 3 Principles guiding social and community health services are governed by the following principles: a) shared responsibility. The responsibility for the achievement of the purpose of the social and community health services is shared between the public authorities – Government, public and parapublic organizations and others, in accordance with its powers, and the beneficiaries of the services and their families and other people must set out in the law, as well as private institutions of the country to the extent of the commitments voluntarily. The Andorran State is the protective network which ensures the coverage of minimum needs of the people in need without resources or relatives or persons obliged, under the terms established in this law and in the rules that develop.
b) sustainability. The system of social and community health services must fulfil its objectives without endangering the current budget balance or of future generations; Therefore, your expenses should be harmonious with the economic growth and social development.
c) active Society, solidarity and participation. The public action should strengthen civic initiatives aimed at promoting the involvement of citizens in the detection and the coverage of the needs and the attainment of full autonomy of individuals and families. For this reason, the Government must provide for the participation in the programming, evaluation and monitoring of social and community health services in the terms established in this law. At the same time have to collaborate with organizations, volunteers, international cooperation and the mutual help groups and establish permanent participation channels with the associations and social organizations.
d) prevention. Priority is given to actions aimed at detecting the causes that provoke the needs and situations of marginalization and to intervene. At the same time, will promote the previsores attitudes on the part of citizens.
e) Subsidiarity. The provision of the services must be done from the personal, social or territorial bodies closer to the population, as long as it can be done efficiently.
f) Transversality. The activities of the social services they're looking for the interrelation of the objectives and actions with other systems, especially health, education, work, social security, housing and justice.
g) comprehensive care focused on the person. All actions must be directed to the improvement of the quality of life and well-being of the person, with respect for their dignity. For this reason, it is necessary to promote the autonomy and participation.
h) universality. All people have the right to access on terms of equality and fairness to the services, benefits, programs and protocols of the healthcare and social services portfolio in the terms established in the present law.
I) equality and equity. The access to benefits, the programs, the protocols, and the actions, as well as its use, it has to be done in conditions of equality, without any kind of discrimination, and taking into account the criteria of equity in order to provide care according to the real needs of the people and territories. Are not considered contrary to the principle of positive discrimination measures established in order to achieve effective equality and social integration.
j) whole and inclusion. The services, benefits and the actions of the system they are integrals, in order to meet the needs of the person and of the family in its entirety, in order to avoid fragmentation, and have a function of social inclusion.
k) Proximity and continuity of care. The people have to keep, as long as they wish and as soon as possible, in their social environment, and they must guarantee the continuity of care.
the) accessibility and universal design. The design of the services, benefits, programs and protocols, as well as of the centres, the establishments and facilities in general, should be done in such a way that can be used by everyone, to the extent possible, without the need for adaptation or specialized design.
m) plural Funding. The funding of the services, benefits, programs and protocols is pluralistic, shared and progressive. There is need to engage Governments and public entities, according to its powers and responsibilities-, the private entities when we have agreed, as well as the beneficiaries and their families and other persons to the extent of their obligations and possibilities, in accordance with the provisions of this law and the regulations that develop it.
n) contractual Character. All features have a contractual character, in accordance with the work plan agreed and under the conditions established by the regulations. They also have this character collaborations between public administrations and private entities.
o) coordination and optimisation of resources. All the features, the programs, the protocols, and the actions must have mechanisms for coordination of public and private resources, and must search for the innovation of the methods and tools of performance in order to manage efficiently the use of the media and of the available resources. Likewise, you should avoid any kind of duplication among the agents involved and the functions that develop in the provision of technical, economic and technological benefits of the system of social and community health services.
p) Information, monitoring and evaluation. The features, programs, protocols and the actions must have an integrated system of information, monitoring and control in order to facilitate the decision making and management, as well as assess the quality, effectiveness and efficiency of actions, respecting in any case, the current legislation on data protection.
q) gender perspective. All of the programs, the protocols, and the actions of social and community health services should take into account and integrate gender issues, which include specific activities in the field of equality and positive action in front of positions of disadvantage.
Second section. Holders of rights and obligations Article 4 Beneficiaries of social services and community health system is aimed at the entire population, especially persons or families who are in a situation of risk or vulnerability, exclusion or dependency.
Article 5 requirements for access to the system of social services and social welfare applicants must meet the following requirements: 1. Proof of legal residence in Andorra, effective and permanent at the time of application and during the period that receives the benefit.
To apply this requirement must take into account the following guidelines: a) minors. All minors have access, on terms of equality, to the system of social and community health services, although it does not prove legal residence at the time of the request, in accordance with the Convention on the rights of the child adopted by the General Assembly of the United Nations on 20 November 1989 and signed and ratified by Andorra on 2 October to 22 November 1995 , respectively.
b) people with disabilities, people with mental health problems and people with serious chronic illnesses. These people can access to benefits even if they reside abroad, if that is the residence for reasons of their disability or illness, treat due to its features or specificities, and provided the centre with the express permission of the competent Ministry.
c) people with authorization of residence and work. The owners of this can permit access to the system of social and community health services if you meet the established requirements.
of) people with residence for reasons of family regrouping. These people can have access to the technical and economic benefits technological benefits if not meet the requirements in general and the owner of the rally request. With regard to the economic benefits, they cannot be granted bearing in mind that the applicant of the rally has stated that it has sufficient resources to ensure a decent standard of living to get regrouped, referring to the suitable accommodation or to cover medical expenses, and is committed to have a health insurance, in accordance with the rules governing immigration.
Exceptionally and for the hospitality needs subsequent to the authorization of immigration that could not reasonably be covered by financial resources nor by private health insurance representatives, the people regrouped they can access to the economic benefits, in the terms established in this law and the regulations that develop.
e) people with permission of border work; border temporary work permit; temporary immigration permit; authorization of temporary immigration for workers of foreign companies; immigration clearance for studies, training practices, for sports training or research; residence permit without lucrative activity and family members at their expense; residence permit for professionals with international projection and residence permit for reasons of scientific, cultural and sports attractions; residence permit and work on their own; residence permit for entry into nursing homes or private medical or therapeutic care in private centres and any other types of residence permit or immigration not included in previous sections. These people, given the immigration regulations and commitments, may not have access to the economic benefits, but the emergency aid regulated to the letter d) of paragraph 2 of article 28, and may have access to the technical and technological benefits by paying the cost, although the law qualifies as free or are assigned a public price if they are of a co-payment.
f) in any case, you must respect the rights of foreigners established in the treaties and international agreements in force.
2. To prove the specific requirements established in this law or the regulations of regulatory development for each benefit, program or action requested.
3. do not have the right to receive a technical, economic or technological provision of the same nature or amount, respectively, of a public or private, national or foreign entity.
4. All persons who are in a situation of urgency in Andorra, regardless of their administrative situation, can access emergency services regulated on the letter d) of paragraph 2 of article 28.
Article 6 rights and duties
1. The beneficiaries of social services and social-have the following rights: a) to be treated with dignity and respect, given your personality and autonomy, without any type of discrimination.
b) to receive information orally and in writing, complete and understandable on the assessment of its situation, the benefits you can receive, and when they are taken care of in a Center, about its operation and regulation of internal regime. At the same time, they have to provide advice and guidance to allow them to make decisions.
c) to privacy and the confidentiality of all data and information that appear in their cases, in the terms established in the current legislation.
d) to participate in making the decisions that affect them and, at the same time, to take part in the activities that are carried out in the centres and services.
e) to receive urgent attention in peremptòries situations.
f) to get personalized and quality services.
g) to claim, submit suggestions and proposals, through the established and duly advertised, and to receive a written response when the complaint was lodged in this way.
h) have assigned a professional reference, given the complexity of the intervention, which is the main interlocutor and supervise the action coordinated between all services and social welfare sectors and to ask for the change of this professional, in the terms established by the regulations.
and care continuity), as long as you keep the situation of need and there is no objective cause to justify the termination or change of service provision.
j) That are resolved to submit requests relating to emergency situations immediately with provisional and definitive form in the maximum deadlines established in the regulations of the portfolio of social and community health services. The rest of requests will have to be resolved, likewise, in the maximum deadlines that will fix the regulations.
k) to receive A benefit and to give it up, as well as the freedom to enter on the service or in the Center where the get, stay or leave it voluntarily under his own responsibility, leaving a record in writing. This right is subject to the superior interest of the child and the legal requirements in cases of people exempted from and of persons subject to detention measures.
the) in the assessment of the situation of necessity and the concurrence of the legally established requirements to be a beneficiary of a service or benefit through the legally established procedure and to participate in the same.
2. The beneficiaries of social services and social-have the following duties: a) comply with the work plan agreed to follow the guidelines prescribed by professionals and appear in interviews when they are summoned. If you receive the benefit in a centre must observe the rules of internal regime.
b) Provide personal data, socio-economic and family and also any documents required for the treatment of their situation, as well as the required by the regulations for the processing of benefits. If there is no other way of proof, the information you provide by means of a sworn statement about the data above. The Government cannot require the input of documents issued to the same applicant Administration, with the exception of identification documents.
c) Communicate any changes that occur in the personal and family situation which affect the benefits they receive.
d) allocation of the financial and technical resources received to the purpose for which they have been granted.
e) Pay the price the public when it is established and have sufficient resources.
f) use and take care of the installations and facilities and enjoy it responsibly and in accordance with the established rules.
g) Facilitate the coexistence within the centre or the equipment, and also observe a conduct based on mutual respect.
h) respect the dignity and the rights of professionals and the staff providing the services, collaborate and facilitate the tasks.
3. The application of the rights and the obligations it has to adapt to the age, in the capacities and on the psychosocial situation of the beneficiary. These aspects will be taken into account to determine whether the breach of any obligation has been voluntary or is due to its special situation of vulnerability. If the beneficiaries are not able to take decisions, in accordance with the legislation in force, the rights and obligations of the play the parents, guardians or the tutelars organs.
4. The Government and the communes must provide general information to the public about the social and community health services; for this reason, they must develop and disseminate a guide for social and community health services that is permanently updated.
5. In order to identify, analyze and evaluate ethical issues in the field of social and community health services, the Ministry shall promote the creation of a Committee of ethics of the social intervention as a consultative, interdisciplinary and independent support to the entities and professionals about the ethical dimensions of their interventions and to the beneficiaries and their families about the adequacy of the actions to the rights and duties recognized. This body should also ensure that social practices are developed with respect for human dignity and personality. Its functions and its composition will be established by the regulations.
Second chapter. System of social services and social welfare system Benefits Article 7 1. The benefits of the system of social and community health services, defined in the letter c) in article 2, are structured as follows: a) Technical Services-primary care-home care-day care-residential care-evaluation-support, guidance and advice b) economic benefits-Pensions for solidarity-family benefit for dependent children-occasional economic aid c) technological Benefits-products-support-adaptation of housing and removal of architectural barriers and communication
2. The right of access to benefits can be guaranteed or concurrence. The benefits that will qualify by law as guaranteed are an entitlement for people who meet the requirements to access it. The rest of the system benefits mentioned are concurrent and the competent public authorities should promote maximum accessibility to such benefits, even though their creation is subject to budgetary availability, to the public and to the prioritisation of the situations of more need.
3. With regard to funding, the technical and technological benefits are guaranteed or concurrence may be free or a co-payment, according to the provisions of this law and the regulations that develop it.
Article 8 programmes, protocols and shares the benefits are complemented by programs, protocols and healthcare and social actions with the aim of improving the detection and prevention of situations of exclusion, the promotion and the attention to certain groups, as well as information, awareness and community development.
Social programs are established jointly by social services and health. All programs must tend to the cross with the other areas of social welfare.
The programs, the protocols, and the actions they can develop public and private entities that, in any case, will have to adjust to the principles and rules established in this law and the regulations in force.
Article 9 faculties, schools and centres and establishments are establishments are the physical space where are paid or manage certain benefits, programs, protocols and actions. To be licensed must meet the functional requirements, materials and accessibility that are established by the regulatory pathway.
The executives and the heads of the schools and the social services and community health establishments must be in possession of certificates and must certify the knowledge that is required by regulation. In any case, the title required cannot be less than a university degree related to the areas of social action, health, education or the like.
Article 10 all human resources professionals who develop their work in the system of social and community health services must have the training and the official qualification established by the regulations.
The social workers and the social workers that make up the primary care social services and those involved in other benefits must be in possession of a university degree that certifies the knowledge and the technical and operational skills to develop functions, in accordance with the methodology of the social work and social education, according to the current regulations.
Other professionals who act in the social and community health services, which can come from the fields of health, education, the family, employment and other specialties required for services and programs that have been developed, must have the University degree and/or the training that enables to carry out the functions attributed to their professional category and If necessary, they must be registered in the register of Health Professions or other records set by current regulations.
Article 11 rights and duties of professionals To professionals who carry out their work in the social and community health services, in addition to the rights and obligations recognized in the labour regulations and legislation that affects in the exercise of their profession, the apply the following rights and duties: 1. Rights of professionals) receive the initial information and adequate ongoing that will allow them to develop properly the roles assigned.
b) dispose of adequate means, as well as the technical support and the training needed to perform its tasks with healthcare quality and safety.
c) to be treated with respect and correction by the heads of the services, the other professionals, the beneficiaries and the companions.
2. Duties of professionals) to promote and respect the dignity, independence, integration and well-being of beneficiaries of social services and community health and rights recognized.
b) Dispense a correct and respectful to the beneficiaries, relatives and companions, as well as those in charge of the services and to other professionals.
c) respect the opinions and decisions that the beneficiaries to take for themselves or through their legal representative, and, if applicable, consider the views of the family.
d) make the derivations of the beneficiaries to other services in the most favourable way and ensuring the continuity of the intervention.
e) respect the right to privacy and the confidentiality of the information in the files, in the terms established in the current regulations.
Article 12 technical Prescription to access to social services and social benefits, it is necessary that prescribing the service a professional health service primary care or another specific service. In addition, you can require the prior evaluation of the services of assessment, guidance and expert advice that will regulate in article 22, in accordance with the provisions of this law and the regulations that develop it.
Article 13 the Basic Instruments of intervention 1. The basic instruments of intervention of the professionals of the social services and social welfare are the following: a) social history. Is the instrument where the personal data, family, health, educational, economic, housing, labor, and other interesting facts about the family situation of the person, as well as all the events and activities of diagnosis, intervention and evolution of the situation in order to provide assistance in all stages of life.
The social history is shared between the social services and community health professionals working in services or public entities dependent equipment to meet its legitimate purposes and functions, as long as they are included in the public file rules, in accordance with the current legislation regarding the protection of personal data.
To manage the hospital establishes a specific protocol between the Andorran Health Care Service and the competent Ministry in order that, in addition to sharing the social history, you get maximum speed and efficiency and will guarantee the continuity of care.
b) social Report. Is the document containing the technical opinion prepared by the social work professional through the interview, the data and information obtained, the assessment and proposals for intervention. The other social services and community health professionals, individually or in groups, issue reports on their respective specialties.
Reports that make the social services and community health professionals belonging to institutions of public nature are valid in the whole system, to avoid repetition and new reports on the same subject and professional field, according to the established regulations. The Government can provide the same range of validity to the reports prepared by professionals from private entities, partners, in the terms and with the guarantees laid down explicitly in the corresponding collaboration agreements.
c) individual or family Plan of intervention. Is the document drawn up by a professional or a social or community health services team that collects so ordered the evaluation and diagnosis of the situation, the determination of the objectives, activities and tasks, and the resources that have been used during the operation.
of individual health and social care) contract. It is the document that is signed by the beneficiary or his legal representative and the supplier of the technical provision stating that the payment to the Center or the property is free and are specified the rights and duties of each of the signatories, which in any case must abide by this law and the regulations that develop it.
2. private entities can use the basic instruments mentioned in paragraph 1, but the data and the information can only be object of treatment or with the express consent of the person concerned, on the terms established in the legislation on data protection.
Article 14 territorial social services and Social Structure organized territorially to parishes or nationwide. When structure nationwide, the planning and the Organization of the benefits, the programs, the protocols, and actions must be made taking as reference the parish territory.
Third chapter. Social and community health services portfolio section one. Conceptual aspects Article 15 Definition of social and community health services is the technical instrument that determines the technical, economic and technological benefits of the social and social-services system and concrete nature and the requirements to access it.
Article 16 Content 1. The contents of the Wallet is established in this law and is carried out by regulations, which must determine for each provision the following aspects: a) Definition of the objectives and needs that covers every type of provision and realization on if they are guaranteed or concurrence.
b) determination of the beneficiaries, the requirements, the procedure and the terms of resolution. For the technical benefits it must indicate, Furthermore, the professional team.
c) the amount of the original and, if they are of a co-payment, indication of prices.
d) all other specific aspects of each provision.
2. The determination of the benefits that are guaranteed should be set by law.
Second section. Technical provisions Article 17 provision of primary health care 1. The provision of primary care guarantees the equality of basic care, the closeness of attention to users and the family and social and regional equity, by means of a performance and open to the entire population with a global and polyvalent intervention. It is developed by the social service of primary care, public, made up of technical and interdisciplinary teams that act in every parish and working jointly and in coordination with the health services of the first level of care.
2. The functions of the primary care social services are the following: a) to inform, advise and guide individuals, families and groups on the resources for social services, social welfare and other areas of existing social welfare in the country, such as health, education, social security, labour and housing, and the rights and duties of the social protection system, in collaboration with the competent ministries.
b) to detect situations of risk or social exclusion and perform preventive actions tracking individual, family or community and to address these situations and social deficiencies that affect the population.
c) diagnose and apply the treatment and monitoring of the situations and of the individual, family and social needs stated or detected in the territory in which they act.
d) participate and collaborate in the process of reintegration, promotion and inclusion of individuals, families and community groups.
e) work with public and private entities of the territory to promote and coordinate joint actions and develop transversal programmes and implement protocols for prevention and action in favour of the well-being of the population.
f) have a thorough knowledge of the social reality of the territory in order to design proposals for Community intervention and improvement of the conditions of life and civic coexistence, that have been picked up in a program.
g) to carry out research, prospecting and social needs detected in the territory, as well as activities of sensitization and social awareness.
h) Involving the community in defining the needs and social problems and in the implementation of actions to solve them, and promote their participation in the decision-making process and in the management of the actions you need to take.
and develop the functions of domestic nature) the first level of care, which are regulated by specific regulations in the field of health.
j) other functions of the same nature that will order the Government by regulation.
3. The Government should establish a specific and permanent device to meet the urgent situations and to specify the requirements and guarantees access goals.
4. The provision of social services of primary care is guaranteed and free of charge. The first level health services are governed by specific regulations on the subject.
Article 18 Benefits of home care
1. The benefits of home care are developed at the domicile of the person given or the caregiver, and offer to the people and to the families who need it, through social services and health professionals, all or some of the following tasks: assessment, security, reception, assistance, personal care and assistance in housework, as well as support for autonomy. At the same time can be complemented with other services in accordance with the established regulations.
2. The benefits of home care are specified by means of the following services: a) home care service. Is the service of a community that offers to the people who need it, through social work professionals, family and health, the tasks of personal care and domestic support, as well as support to the autonomy and specific attention to chronic processes and disability, in accordance with the capabilities, resources and the degree of autonomy of the people , so that they can continue living in your home, if they wish. This service also gives support to people and their families and provides advice on the care and the technical equipment and other materials to prevent or compensate for the loss of autonomy.
b) home teleatenció service. Is the social service that, through products and support staff, is aimed at allowing the people, especially when they live alone or are alone most of the day, they can remain at home and in the environment with a good quality of life and safety. This service allows you to detect, prevent and act in the face of emergency situations and ensures permanent connection with the beneficiary.
c) service of foster care. Is the social service provided by a family, duly accredited, either host or the same extensive family, with the aim of providing care and protection to children and adolescents who are supervised by the State, to women victims of gender violence, the elderly or other groups needs a place of life that offers care, attention, coexistence and security.
d) home children guard. Is the social service that provides assistance to children in the home of the caregivers that are authorized.
3. The performance of the services mentioned in the previous section are concurrent and co-payment, except those of the home care service for people with a severe dependence and domiciliary teleatenció service, which are guaranteed, and the services of foster care for children and adolescents and for the reception of women victims of domestic violence and their children , which are guaranteed and free for people affected; However, the allowance for people affected by these two services recently mentioned does not relieve those responsible for the situation that motivates the provision from the obligation to meet the cost.
Day care Benefits article 19 1. Day care facilities are intended to support families, compensate for the lack of personal autonomy and contribute to the welfare of certain groups that require social care or health care during the day. The benefits can be social and community health services and develop in specialised centres for certain groups, such as children, teenagers, people with disabilities , people with mental health problems and the elderly.
2. day care services are specified by means of the following services: a) early assistance service. Is the health service aimed at children affected in some dysfunction or with high risk of it, and to their families. Provides a set of attention and specialized interventions. Aims to prevent and improve the level of development of the child, and strengthen its capacity to the maximum.
b) service of childhood and adolescence. After-school social service is aimed at the day foster care and assistance to children and adolescents with difficulties or at risk. Based on his performance in the leisure activities, in the training, learning and development of social skills of the person to enhance their personal development and socialization.
c) occupational Service. Is the social service that welcomes people with disabilities or people with serious mental health problems that prevent them from working or who have temporarily lost their job or not found. Therapeutic activities are provided, and aimed at promoting the occupational skills, occupational skills and social and facilitate their social integration.
of the health service) service is day that is provided in a day centre that houses of dependent older people, people with disabilities and people with mental health problems, to offer them assistance, therapeutic activities and daytime recovery. This type of service also offers support and advice to families who care for the young.
e) nursery service. Is the social service, continuously or sporadically, takes care of children to contribute to their personal, social and educational care, in the terms established in the legislation specific to this service.
f) recreation Service. Is a social service addressed to the attention of the children and teenagers who, in-school hours and during holiday periods, provides care, entertainment and education through a program of recreational activities. This service is complemented by a program that allows the inclusion of children and teenagers with disabilities or other difficulties that require more individualized attention.
g) service free time specific. Is a social service for the care of children, adolescents and adults with special needs arising from a severe disability or dependency. Scheduling regular activities complementary to or in periods of holidays, provides care, therapeutic activities and social integration combined with a recreational programming.
h) service of social club. Is a service that provides social support to people who due to a mental disorder have difficulties with social and community integration, and that contributes to the realization of recreational activities that will help them achieve autonomy and participation in the community, and to support their life project.
casal de service) and the elderly. Is a social service open to the elderly with moderate levels of dependence or autonomy that organizes activities of reception, information, leisure and living, as well as other preventive health education training and culture. You can also pay in addition other services to improve the quality of life from the proximity, such as the dining room and the cafeteria, among others.
3. The performance of the services mentioned in letters a), c) and d) of the above section are guaranteed and co-payment. The rest of concurrency and performance is a co-payment.
Article 20 residential care Services 1. Residential care services aim to provide a place to live for people who, for personal, family, socioeconomic difficulties or lack of autonomy, due to age, disability or an illness, usually chronic, can not continue living in your home. For this feature of the centres and standard equipment or specialized social and community health services, depending on the needs and the degree of autonomy of the people. Have benefits that guarantee the coverage of the basic needs and, when necessary, dispense health care.
2. The benefits of residential care are specified by means of the following services: a) host Service to children and teens. Is the social service that provides temporary residential care to children and adolescents who are unable to continue living in the family environment due to a situation of helplessness, so far their family reintegration, their emancipation through judicial or legal age.
b) housing service. Is the social service that offers lodging in a set of small households, with rooms of particular use and community, where we offer support services for people who, by programme or by circumstances dependent moderate, temporary or permanent, cannot live at home.
c) residential service. Is the social service, with permanent or temporary character, provides residential care and comprehensive assistance to persons with disabilities, people with mental health problems and people with autonomy or moderate dependency situation to carry out the activities of daily life.
d) assisted service. Is the health service that offers residential reception services and comprehensive assistance, with permanent or temporary character, to the elderly, disabled or those with mental health problems in a situation of severe dependence or serious to carry out essential activities of daily life.
3. The provision of services mentioned in the letter a) of the above paragraph is guaranteed and free for the child, without prejudice to the obligation of parents or guardians to meet the cost. The rest of concurrency and performance is a co-payment, except for the aforementioned to the letter d), which is guaranteed for people in a situation of severe dependence.
4. residential services regulated on the type c) and paragraph (2)) of the need to reserve places for the provision of respite services for caregivers. The minimum number of squares and the characteristics are determined by regulation.
Article 21 Benefits of support 1. The benefits of social services and community health system support are the following: a) tutoring service. Is the social service providing non-profit legal persons accredited by the Government. Aim to protect minors and the disabled, by the exercise of the Office of tutor, in the terms established by law 15/2004, of 3 November, tutelars bodies and ineligibility qualified.
b) comprehensive support service for victims of gender-based violence. Is the social service that offers women and, if applicable, their children under the age of, multidisciplinary care related to the protection, information, guidance, advice and recovery, and that covers the psychological, legal and social aspects. Includes the services and equipment necessary to ensure this attention.
c) personal assistance Service. Is the social service aimed to facilitate autonomy and independent living, as well as social inclusion, and to prevent isolation or separation from the community to people with disabilities, which is carried out by means of the personal assistant, which is a professional who carries out, or will make, a person whose activities you want to do and cannot by itself due to its functional diversity.
of labour integration support service). Is a service that aims to contribute to the integration of people with special difficulties, by means of the information on the various training and employment resources, guidance and individual advice, training and support in the workplace.
complementary health Service of e). Is a service consisting of health benefits associated with certain technical benefits of social services that complement each other to achieve a global and integral service. These health benefits are determined by the regulations, in accordance with the social security Act and the regulations on health activities.
f) respite services. Are devices aimed at families, especially in the main caregiver caregivers of people with difficulties due to disability, dependency or mental health problems. Aim to contribute to alleviate the overload and to reduce the tension, to facilitate spaces for rest, free time and holidays. These devices can be embodied in social services or social, economic and technical benefits and in various programs, protocols and social actions.
g) emergency telephone service. Is a service of permanent character. Aims to inform, advise, guide and attend to urgent demands, especially in the case of situations of risk of mistreatment, abuse, violence or abandonment of children and of gender-based violence, as well as other social situations that also require an immediate response.
h) voluntary social Action. Are the tasks that effect the volunteers through public and private non-profit entities in favour of people and groups with more deficiencies, in the terms established by law 90/2010 volunteers of Andorra.
I) transportation service adapted social. It is a complementary health service aimed at people with disabilities, in a situation of dependency or with serious mobility problems. It consists of the provision of adapted transport, internal and scheduled to attend a social service, medical or healthcare professional, it is not prescribed by the corresponding urgent determined by the regulations.
2. The provision of the services set out in letters a), b) and g) of the above section are guaranteed and free of charge. The benefits of the service specified in the letter of) are guaranteed and co-payment unless the information about resources and individualized advice that is guaranteed and free. The provision of the service of the letter e) is offered in the terms established by the rules of the social security system. The rest of concurrency and performance is a co-payment, except for voluntary action, which is governed by specific regulations.
Article 22 Benefits of assessment, orientation and advice 1. Social and community health services have benefits of assessment, orientation, advice and monitoring made by interdisciplinary teams specialized in various groups that present situations and specific needs. At the same time these teams support and will collaborate with primary care services. These benefits are specified in the following services: a) specialized service of attention to children.
b) specialized service of adoptions and foster care families.
c) specialized service of attention to women victims of gender violence.
of specialized orientation and assessment Service) people with disabilities.
e) specialized Service assessment of the situations of dependency.
2. The services mentioned in the previous section have the composition and functions set forth in the legislation and which are established in the regulations that develop it. The scales of assessment are public.
3. All teams are public and the evaluations are guaranteed and free of charge. The teams set out in the letters of) and e) of paragraph 1 are social in nature.
The third section. Economic benefits are financial benefits paid by Classification Article 23 Government and can be solidarity pensions, family benefits for dependent children and occasional financial support.
Article 24 solidarity solidarity pensions Pensions are periodic financial benefits to ensure a minimum income that will allow them to live with dignity for people with a severe disability that impedes work, and also to the elderly without enough resources to live or relatives required that will help them, in accordance with the provisions of this law and the regulations that develop it.
The pensions of solidarity have in common the following items: a) nature. The solidarity pensions are guaranteed.
b) Payment of the pension. The solidarity pensions are paid directly to the individual beneficiary by means of a transfer. However, when the person is incapacitated, the Ministry shall pay the pension to the tutor, curator or judicial Defender, in accordance with the provisions of law 15/2004, of 3 November, incapacitation and tutelars organisms. However, if the person is a beneficiary of a technical provision of the social services or social system, the Ministry is empowered to pay directly to the part of the pension that corresponds to the service provider.
c) phasing out of the Board. The pensions of solidarity will be discontinued for the following reasons: – when the person beneficiary dies.
-If it fails to comply with any of the requirements which led to the grant.
-If you check out that have been omitted or that have been falsified data, information or documents that originated the concession and that were decisive for a favorable resolution.
of data Check). The presentation of a request for accommodation of solidarity means authorise the competent Ministry to check the data pertaining to income, the heritage and the other provided by the applicant, as well as to require additional documentation that is necessary to resolve the request.
e) follow-up. The competent Ministry must establish measures of monitoring, control and check of the requirements. For this purpose, may require annually the contribution of a statement of the financial situation and of the income and assets, as well as a faith of life. Similarly, you can ask for any other document or make the necessary checks that prove that the applicant continues to fulfill the requirements stated for the Board.
f) obligation to claim the refund. The Administration is required to claim a refund of the pensions of solidarity to the family and the people must, in the terms provided for in this law.
Article 25 Board of solidarity for people with disabilities 1. Concept. The solidarity pension for people with disability is aimed at people who by a severe disabilities are unable to work or staying with serious problems to find or keep a job as a result of this disability and do not have enough resources to live.
2. Requirements to access the benefit: a) residence. Meet the requirement of legal residence, permanent and effective in Andorra, in the terms established in article 5, and prove that you have resided for a minimum period of seven years.
b) age. Having an age between 18 years and the minimum age required by law for ordinary retirement social security in order to perceive the integrity of the retirement pension.
c) disabilities. Having an assessment of Conava and have obtained a degree of prejudice to greater than or equal to 60%, and have credited the inability and/or the difficulty to access the labour market, through the scale of assessment of the ability to work, according to what is established by regulation.
d) resources. It is considered that the person with a disability does not have enough resources to live if their income does not exceed the personal property assessment scale nor the LECS that are regulated in articles 31 and 32, respectively.
All income received the applicant will be calculated for all of the following concepts: income and social security pensions or other entities and insurance companies, revenue from economic activities, income from property, investment income and equity gains.
3. Amount. The amount of the pension must guarantee the LECS and is determined individually according to the difference between the LECS staff and individual income.
4. Compatibility. This solidarity pension can be accumulated with other of the Government, and with other pensions and benefits of the Caixa Andorrana de Seguretat Social or other entities provided that the income received, added to the Pension Fund, does not exceed the LECS. At the same time, obtaining the pension is compatible with the income from part-time jobs, in poor performance or other self-employed if this income added to pensions or benefits that you receive does not exceed 150% of the LECS, in annual calculation. In case you exceed the limits mentioned above, the Pension Fund will be reduced accordingly or is on hold as long as the situation persists, and will recover automatically if it is credited that can't keep a job or income are reduced below the limits established.
5. social security contributions. The Government and affiliated trades the pensions of solidarity for people with disabilities in the cases and the terms established by law to guarantee the rights of persons with disabilities in the social security legislation referred to in force.
6. Retirement Pension. People with disabilities affiliated with the social security access to the retirement pension under the same conditions as the rest of cotitzants. In the event that the retirement pension of the social security is less than the amount of the pension of solidarity, the Government guarantees the amount of this pension you received previously, in the terms established in this law and the regulations that develop them. At the time of making these changes the CASS will notify you with a three months in advance and inform the person with a disability or, if applicable, their legal representatives, on the rights set forth in this section.
Article 26 solidarity pension for the elderly 1. Concept. The solidarity pension for the elderly is aimed at older people who do not have enough resources to live.
2. Requirements to access the benefit: a) residence. Meet the requirement of legal residence, permanent and effective in Andorra, in the terms established in article 5, and to prove that it has resided during the ten years immediately prior to the time of meet the minimum age required to the letter b) of paragraph 2.
b) age. Have fulfilled the minimum age for access to the ordinary retirement demanded by the law of social security in order to give the right to receive full retirement pension, or the sixty years if the applicant is a beneficiary of a widow's/widower's pension from the social security system.
c) Exercise of the right to a retirement pension. Have done effective all requests of a retirement pension or other pensions, which could be entitled the applicant.
d) resources. It is considered that the older person does not have sufficient resources to live if their income does not exceed the personal property assessment scale, nor the LECS, regulated in this law and regulations and does not receive enough financial support of relatives forced.
All income will be calculated for all of the following concepts: income and social security pensions or other entities and insurance companies, revenue from economic activities, income from property, investment income and equity gains.
3. Amount. The amount of the pension must guarantee the personal LECS once required, if necessary, the family responsibilities and people forced in the terms established in this law.
If there are two or more people from the same family unit of coexistence with the right to solidarity pension for the elderly, the sum of all pensions may not exceed the LECS staff increased by 70% if the privilege enjoyed by pensioners are two; over 50% of the LECS for each of the remaining privilege enjoyed by pensioners. If, on the application of this rule is applicable, the reduction in pensions, all must be reduced in the same proportion.
In the event that family members or persons obliged not to effective aid, the Government has to grant to the applicant the pension that corresponds and take enforcement measures and implementation of resolutions against these family members and, if necessary, against the other people must, in the terms established in articles 62 and 63.
4. Compatibility. This solidarity pension can be accumulated with other of the Government, and with other pensions and benefits of the Caixa Andorrana de Seguretat Social or other entities, provided that the income does not exceed the LECS. In case you exceed the limit mentioned, the solidarity pension is reduced accordingly.
5. social security. The Government and affiliated trades the pensions of solidarity for the elderly in the general branch, in the terms established in the social security regulations in force.
Article 27 family benefit for dependent child 1. Concept. The family benefit for dependent children is aimed at families with one or more children with the aim of contributing to compensate for the costs of raising children. You can also benefit from this provision families who adopt a child guided by the administration.
Are considered "costs of raising" the essential for maintenance, housing, clothing, health and related training and leisure.
2. Beneficiaries. The benefit is awarded to one of the two members of the couple. In the event of breakdown of the family relationships, this benefit is granted to the person who takes care of the child or children. In the case of shared custody will be divided in equal parts between the two parents.
3. Requirements. The General requirements for access to these benefits are as follows: a) residence. Meet the requirement of legal residence, permanent and effective in Andorra, in the terms established in article 5, and to prove that it has been residing for seven years immediately prior to the time of the request.
b) age. Have to charge a child or a child under 18 or 25 years if they are students or have fostered or assumed legal guardianship of a child under 18 years of age.
c) income. The income of the family unit of coexistence must be lower than the familiar LECS and heritage may not exceed the scale of asset valuation, regulated in articles 31 and 32, respectively.
All income will be calculated for all of the following concepts: income and social security pensions or other entities and insurance companies, revenue from economic activities, income from property, investment income and equity gains.
4. Amount. The provision is perceived for each dependent child or foster child in a situation of legal guardianship and the amount is 10% of individual LECS. The provision takes into account the existence of children with disabilities who receive a premium of 20% of the amount of the benefit which corresponds to the beneficiary.
5. Nature. The family benefits for dependent children are guaranteed.
6. Incompatibilities. This provision is not compatible with other grants, scholarships and benefits that they have the same purpose, in the terms established by the regulations.
7. duration. This provision is perceived as they meet the requirements set out in paragraph 3 and in the case of legal guardianship of minors while you pay the service.
Article 28 occasional economic aid 1. Concept. The occasional financial support are personal or temporary family assistance intended to finance costs attention to specific needs or for a certain period.
2. types of assistance. The occasional financial support are set by regulation and are intended for the attention of the needs arising from the following situations: a) to meet basic needs and prevent situations of marginalization, prevent exclusion and foster autonomy.
b) to access social services and community health services and programmes.
c) to adapt the housing, remove architectural barriers and communication, and to purchase products not support recoverable.
in order to meet urgent situations, basic and specific) livelihood. This includes grants for the maintenance, accommodation and clothing, in order to facilitate the return to the place of origin or for other needs peremptòries. This financial assistance is complemented with the information and advice provided by primary care teams.
3. Beneficiaries. Are people and families who are in a situation of precariousness or risk and comply with the General and specific requirements which require this law and the regulations that develop it.
4. Requirements. In order to access the occasional economic aid, it must meet the following requirements: in General): residence. Meet the requirement of legal residence, permanent and effective in Andorra, in the terms established in article 5, except the AIDS of urgent situations.
-resources. The person or the family unit of coexistence cannot dispose of sufficient financial resources to deal with the situation that gives rise to the application, or get sufficient resources on the part of family members and other people forced, or through other grants of Andorran social protection or public or private foreign, in the terms established by this law and the regulations that develop it.
-individual or family Plan of intervention. Accept and sign the plan of care and meet the goals set, to carry out the activity and adopt agreed behaviour.
-Accept the participation, if necessary in cooperation activities in occupational service, under the terms established by the regulations.
-information and checks. Submit the information and documents needed to resolve the aid, and to accept and facilitate the verification of the data and other requirements and the fulfilment of commitments.
-offers of employment. If the applicant or members of the family unit of coexistence are in working age and conditions of work, must certify that they have registered at the employment service, cannot reject any offer of suitable employment that were present from the said service or other means, and must follow the occupational training that the employment service may deem suitable for the person.
b) specific. Comply with the specific requirements established by the regulatory pathway for each of the grants.
5. Amount. The concretion of the maximum amounts of these subsidies is determined by regulations, depending on the needs and the resources available.
6. Nature. The economic aid, except for the occasional concurrency are destined to the purchase of products to support recoverable not included in the letter c) of section 2 and are set out in the letter d) of paragraph 2, which are guaranteed.
7. Compatibility. The occasional economic aid are compatible with each other when their purpose is different and, at the same time, are compatible with other benefits of the system of social and community health services and public and private entities that have other objectives. If the aid have the same purpose, can be supplemented up to the maximum established by the regulation.
8. payment of grants. These subsidies are paid to the person or to the beneficiaries or to the collaborating entity deemed most suitable due to the situation of insecurity and the personal and social features that have justified the award. Whenever possible, it is paid directly to the service provider, the provider of the materials or to a person or entity collaborator who will take charge of your attention. In other cases can be paid directly to the beneficiaries, either by means of a transfer, the delivery of tickets, checking service or through other modalities that ensure the objective of the aid.
9. Termination. The occasional financial support is discontinued for the following reasons:-the beneficiary's Death.
-compliance with the objectives or purpose of the aid.
-end of the deadline.
-compliance with any of the conditions which led to the grant.
-in case you check out that have been omitted or that have been falsified data and information from documents that originated the award.
10. duration. The duration of the aid may not exceed the exercise in which they have been granted, although it can be extended in the situations and the maximum periods that are established by regulation. Occasional grants awarded for a period of more than 6 months must be periodically to check the fulfilment of the objectives of the intervention plan. To grant an extension or an extension, you have to take into account the advances obtained in the said plan.
11. Procedure for emergency aid. The Government establishes a special processing procedure for assistance to solve the application with the maximum speed. To this end, the Government can agree with collaborating entities performing these functions.
Section four. Technological benefits Article 29 Contained The technological benefits are intended to adapt the housing, to remove architectural barriers and communication, as well as to offer products of support, with the aim to prevent, compensate, control, mitigate or neutralize deficiencies, limitations on activity and restrictions in the development of the daily life and participation in society.
Article 30 classification and nature 1. The technological benefits are classified as follows: a) advice to people with functional and communication difficulties and their families and caregivers on technological benefits available and the control of the quality and adequacy of the grants that are awarded, through the service of consultancy and supply of support products.
b) adaptations of the housing, and removal of architectural barriers and communication. To make these adaptations can be applied for an occasional financial assistance.
c) supply of support products, including devices, instruments, technologies and software of recoverable and non-recoverable, in the terms established by the regulations:-to acquire support products you can request a occasional financial assistance no recoverable.
-the supply of recoverable support products is done through a service for the supply of products support. The supply is temporary.
2. These benefits are social services, except for the products of support, which can have the consideration of health. The Government coordinates the portfolio of technological performance with the orthopaedic services funded by the Caixa Andorrana de Seguretat Social, the educational resource centres and others who depend on the Government because it will complement and optimize.
3. advice to people with functional and communication difficulties and their families is guaranteed and free. The other technological benefits, when addressed to people in a situation of severe dependence, are guaranteed and co-payment; the other situations of dependency are concurrent and co-payment. The supply of products of recoverable support is free and concurrency.
Fifth section. Aspects common to the performance calculation of the economic threshold Article 31 1. The amount of personal LECS is equivalent to the official minimum wage.
2. The LECS in a family unit of coexistence is calculated as follows:-When the family unit the composed a marriage or a stable Union of a couple: the LECS is the official minimum wage increased by 70%.
-When the family unit the composed a marriage or a stable Union of a couple with family up to the second degree of kinship, the LECS was calculated by summing the LECS staff 50% by each Member under 14 years old and 70% for each Member of this age.
-When the family unit is the single-parent family, LECS are calculated in accordance with the previous point and is increased with 20% of personal LECS.
-When the family unit is made by a person or with a disability, recognized by the National Commission of Appraisal (CONAVA), the LECS is calculated in accordance with the preceding paragraphs and is increased with 20% of LECS staff to each Member who has credited this situation.
Article 32 Scale equity valuation is considered passed the scale of asset valuation if the points assigned to the assets of the person concerned, valued in accordance with the following scale, exceed 100 points.
The scale of asset valuation is the following: 1. Real Estate (not compute the residence): a) If the market value of the property is less than the equivalent of 15 times the annual staff LECS, 0 points.
b) if the market value of the property is the equivalent of between 15 and 30 times the annual staff LECS, 30 points.
c) if the market value of the property exceeds 30 times the annual staff LECS but is less than the 45 times the LECS, 60 points.
d) if the value of the market of real estate is greater than or equal to 45 times the annual staff LECS, 100 points.
In the event of indivises properties, the property value is distributed in equal parts among the owners, unless there is evidence to the contrary about the quota of one and other.
2. financial and real estate Assets (not including the furniture for personal use or vehicles adapted for people with disabilities): a) if the value of the assets and personalty is less than 1.5 times the annual staff LECS, 0 points.
b) if the value of the assets and personalty is between 1.5 and 3 times the annual staff LECS, 25 points.
c) if the value of the assets and the personal property exceeds 3 times the annual staff LECS, but is less than 10 times the LECS, 50 points.
d) if the value of the assets and personal property exceeds 10 times the annual LECS, 100 points.
3. the scope of heritage elements considered in the scale and the determination of their evaluation will regulate by regulation.
The fourth chapter. Responsibility distribution, coordination and collaboration Section first. Distribution of authority and coordination Article 33 Responsibilities of the Government 1. Corresponds to the Government to determine national policies of social and community health services, develop regulations the legislation on this matter and to carry out the exercise of the powers attributed to this law and the regulations that develop it.
2. In order to ensure equality and equity, as well as the unity of the system, the Government plays in general in the area of social and community health services for the following: a) National Planning, which is specified in the national plan of social and community health services, and other sectoral plans for certain groups, in accordance with the provisions of article 42.
b) general coordination of social services and community health system and of the same system with the other areas of social welfare. To do this, set the criteria for cooperation between the governing bodies and the public and encouraging the promotion and collaboration with private organizations to optimize resources, increase and rationalize the provision of social and community health services, and improve the quality of care for beneficiaries.
c) basic social services and social Regulation, which includes the establishment of technical requirements of materials and equipment, and functional of the services; as well as the number and qualification of human resources, minimal, the establishment of public prices of social and community health services nationwide, the system of evaluation and inspection of services and benefits, and the exercise of sanctioning, in the terms established in this law and within the current framework.
d) Authorization and modification centers and establishments of social and community health services. The Government exercised this function, while respecting the attributed to common in this area.
e) execution of social services assigned to the Government by this law.
f) to update the portfolio of social and community health services with the benefits of competition, to propose if appropriate new benefits guaranteed in accordance with paragraph 2 of article 16 and spread this portfolio in the terms established in this law.
g) creation and management of the national register of social and Community Health Services and the integrated system of information, under the terms established by the regulations.
h) direction and promotion of international relations in the field of cooperation and social development, as well as the establishment of agreements with international organizations and with other States in the area of social services, in accordance with the legal system.
and) Exercise of sanctioning.
j) any other function related to the social and community health services not expressly attributed to other public institutions.
3. the provisions set forth in the portfolio of social services and healthcare are the competence of the Government the following: a) Performance techniques:-primary care.
-home care: home care service, home help service, teleatenció service foster care and guardianship of children at home.
-daycare: early care service, service of childhood and adolescence, occupational service, day service, weather service specific free and social club.
-Residential Care: welcome service nurseries, housing service, home service and residential home.
-Support Services: all the services set forth in article 21.
-Benefits of assessment, orientation and advice: all of the benefits set out in article 22.
b) economic benefits:-all of the economic benefits of the portfolio established in the third section of the third chapter.
c) technological Benefits:-all the technological benefits of the portfolio established in the fourth section of the third chapter.
4. The Government should ensure access to the benefits that correspond to the according to the previous section and that considered to be guaranteed to all applicants who meet the requirements, either by providing directly or through entities or colaborators.
About concurrency benefits assigned to the previous section, you have to promote and facilitate access within the limits of allocated budgets, and pay them, either directly or through partners.
5. The Government should exercise the functions mentioned in the letters b), c) and d) of paragraph 2, with the participation of Commons with regard to the aspects that affect their responsibilities, through the National Commission of Social Welfare, which is created in article 36 and in the terms established by this law.
Article 34 Responsibilities of Commons 1. Corresponds to the common organizing and promoting social activities in its territory. In the area of social services, this power is exercised in the terms established in this law, the regulations that the deploy and national planning.
2. In the area of social and community health services, the common exercise in its territory the following functions: a) programming, coordination and execution of the social services that develop in the territory of the parish, and we should pay respect the policies and national planning.
b) authorizing opening of services and social services and social establishments located in the municipality of the parish in the framework of national legislation.
c) Exercise of the inspection services and sanctioning powers within the framework of its powers.
d) collaboration with the Government in the management of the national register of social services and community health and the integrated system of information, facilitating data and the exchange of information, in the terms that are agreed within the National Commission of Social Welfare (CONBS) and that have the regulations, respecting the data protection legislation.
3. the provisions set forth in the portfolio of social services and healthcare are competence of the common techniques of following day care nursery service, a House of elderly and leisure service parish area.
4. The common need to promote and facilitate the access to the technical benefits of competence within the limits of allocated budgets, and pay them, either directly or through entities, which are regulated by article 39. To this end, the Commons may also contribute to individuals or families who do not have enough resources to deal with the public price of the services from your competition.
5. The powers of the Commons are exercised under the principle of self-government.
Article 35 delegation of the management of the Government, through the Ministry, you can delegate to the common management of the technical benefits of primary health care and home care. This delegation, which needs the agreement of the Government and of the corresponding common and you should avoid any kind of duplication, should indicate precisely the owner and the scope of the delegated management, the object, the nature and the resources that include, as well as the causes of review and extinction, and the right of revocation. The delegation referred to has been published in the official bulletin of the Principality of Andorra.
Article 36 National Commission of Social Welfare 1. The National Commission of Social Welfare (hereinafter referred to as CONBS) as a body of political and technical character for the coordination and cooperation of the Government and interadministrativa are common on the issues of common interest in the field of social services.
2. The CONBS the Chair of the competent Ministry, which can delegate this responsibility in a high position of the Ministry mentioned. The composition is equal and it is integrated, on the one hand, of representatives of the various areas of the Government related to social welfare, such as social services, health, education, work, housing, justice, and, on the other hand, representatives of all common.
The representation of the various areas of the Government lies in the corresponding Ministers, who may delegate this responsibility to a Secretary of State or the director of his Ministry, and the communal representation lies in the consuls, who may delegate this responsibility to the Minister responsible for social services.
3. The CONBS can work in and through the lower bodies that you remember to create. This Commission can rely on General or specific working groups composed of representatives of the Government and of the common and/or by technicians of both institutions.
4. The CONBS has the following functions: a) exchange of information and follow-up on issues related to the planning and development of this law.
b) establishment of mechanisms of regulation, coordination and cooperation in the provision of social services.
c) study of the proposals for improvement of social services.
d) Unification of criteria that guarantee equality and personal and territorial equity in the following aspects:-requirements for authorizing the opening of establishments of social and community health services of communal competence.
-determination of the system of public communal services prices.
-establishment of the criteria for determining the co-payment in the communal services.
-mechanisms of coordination and compensation for services provided by common to people living in other parishes and of benefits, programs, protocols and supracomunals actions.
e) Any other than the CONBS decide on the framework provided by this law.
5. In general the decisions are binding if adopted by a simple majority, and in case of a tie the vote of the president is ruling.
In the case of the functions mentioned in the letter d) of section 4, the proposal cannot be approved if there is manifest disagreement half plus one of the common.
6. For regulation is specified the composition and the internal rules of operation of the CONBS.
Article 37 Municipal Technical Commission of Social Welfare is created in each common technical Committee of Social Welfare (CTCBS) as a body of programming and cooperation in the territory about actions of social services and for coordination with other areas of social welfare.
This the Commission is chaired by the Minister responsible for social services and is integrated by technicians of Commons and the Government. In addition, there are other public administrations dependent technicians may participate or private entities in the field of welfare, such as health, education, work and housing, among others. The concretion of the composition and the functions of the regulations determines each common, in accordance with the basic criteria of coordination defined by the CONBS.
Second section. The private initiative Article 38 Types of entities 1. The private entities can be commercial or civic initiative initiative, depending on whether they act with or without profit, respectively. The individuals own centres or establishments of social services or health will equate to the effects of this law to the private entities, mercantile initiative.
2. Only the private entities that comply with the regulations in force and are authorized and registered in the national register of social and Community Health Services, regulated in article 50, can create and manage schools and establishments for the provision of social services and social techniques, in accordance with the established regulations.
Article 39 entities 1. National and foreign private entities can collaborate with the public administrations and form part of the system of social services and social welfare as long as conforming to the following requirements:) That request and obtain the authorization and accreditation conformity to act as partners.
b) That conform to the regulations, the coordination and planning of national social and community health services and the common programming for performances that are their competition.
c) to apply the corresponding public prices.
d) that meet the specific requirements established in accordance with the provision that has been made.
e) That subscribe the corresponding agreement feasible the scope and the conditions of the collaboration, in accordance with the provisions of this law and the regulations that develop it.
f) submit annually a technical report of the activities carried out.
2. The public contributions they receive social services and healthcare entities are subject to a financial audit and management. These entities may elect to provide the audit or to run the Government. The audit will be annually if the public contributions received are equal to or greater than € 25,000 or four if the amounts received are less than € 25,000.
Article 40 cooperation agreement the Government and the communes, in the scope of its powers, can subscribe to collaboration agreements with private entities, national and foreign partners to ensure and promote the offer of services, programs, protocols and actions of social and community health services.
Cooperation agreements between the Government and the social services or social entities with common have a maximum duration of four years and are renewable.
Cooperation agreements are outside the scope of application of the public procurement Law, except when by their object or nature considered to be contracts subject to the same. However, your grant must respect the principles of publicity and concurrence, in the terms defined by the regulations.
Article 41 participation of private entities and private entities of civic initiative of civic initiative should be the object of promotion and must have preferences, in accordance with the regulations in force.
The Government should create a Commission of civic participation that represent groups linked to social and community health services. This consultative character Committee and advisors of the Government must have the functions of contributing in the preparation and monitoring of the national plan of social and community health services, which establishes in article 42, to formulate proposals and recommendations to improve the provision of services and actions, and to perform other functions of the same nature that are attributed to it by the regulation. Its composition should be established by the regulatory pathway.
The communes can establish, in accordance with its powers, communal commissions of participation of civic institutions that act in the parish.
Chapter five. Planning, inspection and Licensing Section first. Planning and efficiency Article 42 National Planning system of social services and community health planning is carried out by the national plan of social and community health services (hereinafter PNASS) and sectoral plans that may arise. The approval of the PNASS corresponds to the Government, in the terms established in article 33, and has a duration of four years, even though it is evaluated and is updated annually.
The PNASS, which is based on a diagnosis of social needs, establishes the objectives that must be achieved, the strategic lines, projects and actions that must be carried out, the calendar and the sources of financing, as well as the way to make the evaluation and updating. Without prejudice to the other documents that are relevant in the PNASS must include a financial report that will serve as a basis for updating the portfolio of social and community health services.
To develop, evaluate and update the PNASS establish participation channels, both the CONBS as well as the Commission of civic participation, in the terms established in this law and the regulations that develop it.
Article 43 communal Planning Are common, within the sphere of competence and respecting the established planning nationwide, can establish on its territory of communal social services programs.
Article 44 Transversality schedules made in the fields of social and community health services must have a transversal approach which should include at least the participation of health systems, education, labour, justice, interior, social security and housing.
Article 45 comprehensive information System in order to know the main characteristics of the social and community health services, the Ministry needs to be designed and put in place a comprehensive information service containing the data and the main information and keep permanently up to date through the articulation of networks and computer and telematic devices required.
For this purpose, the common and the other public and private entities involved in social and community health services must provide the Government the data and information requested for the fulfillment of the purposes set out in this law.
The Government, in order to optimize resources and improve the efficiency of public action, you must integrate the social and community health service information system with that of other ministries related to social welfare, especially in health, education, labor, and housing, as well as with the Caixa Andorrana de Seguretat Social.
The development, the maintenance and the processing of data of this system of information must be made in accordance with the current legislation on data protection.
Article 46 audit of effectiveness and efficiency of the system the Government charge every two years an audit of effectiveness and efficiency of social services and community health system that must be requested by public competition among entities in the matter and prestige.
The final report of the audit is deposited to the General Council in order to be examined by the relevant parliamentary Committee, and facilitate public awareness, ensuring access to all citizens.
The Government should draw up a plan for improving the effectiveness and efficiency of social services and social system and to propose correction and prevention policies based on the findings of the audit. This plan has been to implement and run before the next assessment.
Second section. Licensing and accreditation Article 47 administrative Authorisation the opening and operation of centres and establishments that offer social services techniques and social benefits require prior administrative authorisation of Commons and the Government, in accordance with the regulations in force.
Likewise, the collaborating organizations require an authorization for the closure of services and centres.
Article 48 Requirements for the administrative authorization to obtain administrative authorisation, the social services and community health centres and establishments must comply with the administrative and technical requirements that are established by regulations, which must refer to the functional requirements, materials and other related human resources, and the rights and obligations of the beneficiaries.
Article 49 Accreditation to be able to have the qualification of collaborating entities of the Government and of common and form part of the system of social and community health services, private entities and the performance and the actions to be developed in their centers and establishments must be accredited. Have priority in obtaining this condition the Andorran private entities.
The Government has to establish by regulation the accreditation requirements that must comply with the entities and the centres that are part of the system of social and community health services. These requirements, in addition to collect the set out in article 39, it must refer to the quality of care and the ratios and qualifications of human resources.
Article 50 national register of social and community health services Will create the national register of social and Community Health Services, the appropriate Ministry, in which you have to sign up for public knowledge, all entities authorised and accredited, as well as the centres and establishments, and the benefits that dispense. This record will be integrated with other corresponding to the social, health and of volunteers, in the terms established by the regulations.
The third section. Control and inspection Article 51 Follow-up
The Government and the communes, in the field of its competences, and in accordance with the protocols of collaboration that may be established by mutual agreement, they have to carry out the monitoring of the functioning and the quality of the services that are developed in the centres and the establishments of social and community health services. At the same time, in order to determine the degree of satisfaction of the beneficiaries, have to prepare surveys of opinion on a regular basis.
Article 52-Sanitary Inspection without prejudice to the inspection services of which have the common for the fulfillment of its responsibilities, to carry out the follow-up indicated in the previous article the competent Ministry must establish a health inspection service acting ex officio or at the request of a party. The inspectors are considered agents of the authority and may request the support of any authority to perform its tasks.
Article 53 the inspection Functions 1. In the area of social and community health services, the inspectors have advisory functions, for control and verification of the compliance with the regulations, especially with regard to the rights of users and the quality of the service. In addition to performing the tasks of research in the field who are entrusting the competent Ministry, especially ensure the fulfilment of the requirements of the authorisation or accreditation.
2. In the performance of their duties, in accordance with the legislation in force, the inspectors can: a) do the tests, investigations, examinations and all of the actions necessary for compliance with the inspection functions, which have been developing always justified and proportional to the reason and purpose of the inspection.
b) access to all areas and dependencies of the centers and public and private establishments that offer social services and social benefits.
c) Convene the people who can provide information.
d) have access to the necessary technical, commercial and administrative documents that may have related to the issues being investigated or control.
e) verify the accuracy of the data contained in the applications for benefits from social services, and to request relevant information of the records and files of both the central administration and of semi-public entities and communal administrations, respecting the data protection legislation.
f) prepare reports and minutes of the facts that may constitute infractions to the rules of social and community health services.
3. To gain access to the centres and establishments subject to monitoring or investigation, the inspectors must certify their by the corresponding credential issued by the competent Ministry.
Article 54 Minutes of inspection the inspectors must build a record on which the outcome of the proceedings and constatin investigations carried out in the centres and the establishments where they provide social and community health services or other features of the system.
Chapter six. Financing Article 55 Co-financing in accordance with the principle of shared responsibility, the financing of the provision of social services and community health system corresponds to the public administrations and competent parapublic, the beneficiaries and, if necessary, family members and other people obliged. Likewise, you can collaborate with other public and private entities.
Article 56 the amount of public Prices public prices may not exceed the cost of the service which is provided.
First section. Public funding scheme Article 57 Government Funding 1. The Government, in the terms established in this law and in the regulatory provisions, funds, taking into account the provisions of the social services and community health portfolio and the national plan of social and community health services (PNASS), the benefits of their competence the following: a) Benefits the Government the cost of the services assumes techniques techniques of their competition for the full amount when they are free of charge , and to the amount not covered by the public price when they are of a co-payment.
b) economic benefits the Government assume the cost of the economic benefits that by law are considered to be guaranteed. The economic benefits of the competition assumes the Government according to the annual budgets allocated for this purpose.
It gives priority to the financing of the economic benefits of competition aimed at those with the most serious needs and peremptòries, especially the cooperation in the payment of the price of the performance techniques, when neither beneficiaries nor family members required do not have sufficient financial resources to deal with, in the terms established in this law and the regulations that develop it.
c) technological Benefits the Government finances the acquisition of products and the costs of the adaptation of housing and the removal of architectural barriers and communication, as well as the products of support, in the terms established in article 30.
The Government assumes the cost of the technological benefits that by law are considered to be guaranteed, and of the annual budgets according to the concurrency assigned for this purpose.
It gives priority to the financing of the technological benefits of concurrent with direct objective the promotion of the autonomy of the applicants.
2. The Government finances benefits, the programs, the protocols, and the activities of social and community health services that made the Collaborating entities, in the terms agreed in the corresponding agreements.
3. The Government will give budgetary priority to the fulfilment of the agreements and commitments set out in treaties, agreements and international conventions.
Article 58 common funding 1. The cost of the common techniques assume the competence according to the provisions of this law, taking into account the provisions of the social services and community health portfolio and the national plan of social and community health services (PNASS), and the annual budgets allocated.
2. the common fund benefits, the programs, the protocols, and the activities of social services of their competence that made the private entities collaborators in the terms agreed in the corresponding agreements.
Article 59 the financing of the social security the social security finances health care costs of the healthcare benefits that correspond to those included in one of its schemes, in accordance with this law, the rules that develop and the social security legislation.
Article 60 expandable Budgets
The budgets of the public administrations and semi-public corresponding to the benefits guaranteed are expandable.
Second section. Contributions of the beneficiaries and of the family and other people forced Article 61 contributions from beneficiaries 1. The beneficiaries must contribute to the financing of technical and technological benefits of the system of social services and community health in the following terms: a) a co-payment of public social services and community health portfolio established for technical or technological benefits they receive social services and community health system, which is not considered to be free of charge.
b) for the purposes of setting the price and the co-payment, there are the following expenses:-Toilets. These costs are in charge of social security and of the same beneficiary if this is protected by the system, pursuant to the rules of the social security system. If the beneficiary is not protected by social security, these costs are borne by him and, if appropriate, of the family or of the people obliged.
-personal attention to autonomy. The corresponding costs in healthcare and social benefits, excluding those related to the maintenance and the hospitality industry, are borne by the Government or of the common, according to its powers, with the contribution of the beneficiaries and, where appropriate, of family and of the people obliged.
The administrations have the authority to determine the level of contribution of the beneficiary, on the basis of income and assets to the limit of public funding, in the terms established by the regulations.
-maintenance and catering. These costs are borne by the beneficiary and, where applicable, of the family and of the people obliged.
c) people who do not have sufficient resources to deal with the price of public services and that do not receive help from family members or people forced, can apply for a financial support to the competent Public Administration. Without prejudice to the right of the Administration to claim the payment to family members or other people forced, if they exist.
To calculate the possibilities of payment of the beneficiary of the technical and technological benefits will have to take into account the available income and assets.
It is understood that the beneficiary has sufficient resources:-If your earnings exceed the personal LECS.
-or if your assets exceed the score on the scale of property valuation that is established in the law.
In any case, the contributions of the beneficiaries to the financing of technical and technological benefits they receive, they can not engage all the income you receive. The limits of the contribution depends on the type of provision and must be determined by the regulations.
d) beneficiaries who receive a social benefit should complete the part of the health benefits that are not covered by the social security.
2. The public administration which is responsible for the payment of the public price of the performance due to lack of sufficient resources can formalize recognition of debt to the beneficiary or other person required.
Article 62 contributions from relatives and other persons required When the beneficiaries of the technical and technological benefits are not free of the system of social services and social welfare cannot pay the price of public services due to lack of sufficient financial resources, or due to the lack of resources they are applicants of the solidarity pension for the elderly or occasional economic benefits , family members or other people must have to take care in the following terms: 1. Family members forced to) family Are forced, if they meet the requirements stipulated in the letter b) of this section, the spouse or partner in a stable Union, ancestors and descendants by blood up to the second degree, according to the order of closeness in degree, and the brothers with respect to minors or the disabled.
b) people indicated are relatives compelled if have enough resources. It is understood that this requirement is met:-If the family's income required that lives alone exceeds twice the personal LECS. If the required family is part of a family unit and of coexistence that revenues exceed once and half the family LECS.
-Or if your assets exceed the score on the scale of property valuation that is established in the law.
In any case, the contributions of the family members to the financing of the benefits that they receive the beneficiaries cannot compromise the free provision of income corresponding to twice the amount of the personal or LECS once and half of the LECS family room, in the terms established in section b) of this article.
c) the obligatory family loses this condition if the person certifies that any of the circumstances in any of the beneficiary would constitute legal cause of desheretament of a legitimari or of termination of the right to food, or other situations of serious desconsideració to the duly accredited, objectivades and forced family.
2. other persons required. Are the people who have been favored by conveyance to free title made by the beneficiary for five years prior to the benefit.
The responsibility of such persons may not exceed the value of the goods or of the rights transmitted, or of those who replace him, considered at the time of the provision; or, if they have been transferred to third parties for free anyway, at the time of this assignment.
3. If there is, with respect to the same beneficiary, several people forced according to sections 1 and 2 above, all of them respond in solidarity with respect to the public administration.
Without prejudice to the above mentioned in the previous paragraph and in the area of internal relations, the people who have made payment feature repeat action against the remaining required in the terms that recognize the right.
4. Establish by regulation the amounts, the remaining procedure and regulation of the system of contributions from family members and other people obliged.
Article 63 the measures of constraint, execution of decisions and consideration of credits
1. the competent Ministry and common can issue resolutions with the aim of effecting the payment obligation that this law imposes to the beneficiary or their relatives or other persons required. The resolution requires the prior instruction of a contradictory administrative record, in accordance with the code of the Administration, in which all the people who have attributed the condition of payment to enjoy the status of an interested party and to be able to participate in the administrative procedure.
2. The credits of the public administrations against the beneficiaries, family members and other persons with respect to the preferential ordinary credits are required.
Chapter seven. The system of violations and penalties section one. Infractions Article 64 Infractions Constitute administrative offences the actions and omissions of the individuals and companies that violate the norms of regulatory and legal social and community health services classified in this chapter, without prejudice to civil liability, criminal or otherwise that may attend.
The offences committed by members of the public or staff hired by the pubic Administration be sanctioning in accordance with the laws that apply to you.
The offences committed by the staff of the centres and the private establishments of social and community health services or by the beneficiaries of the benefits are classified and sanctioning in accordance with the following articles.
Article 65 Violations of social and community health centers and private establishments ' personal infringements of the staff of the centres and the private establishments of social and community health services may be minor, serious and very serious.
Minor infractions are: a) the Contravening regulations in the area of social and community health services, if not cause direct damage and specifically to the beneficiary.
b) Provide a neglected or negligent care, as long as they do not derive specific damage on the person served.
c) Make inappropriate or negligent maintenance of the premises, facilities, furniture and utensils or show deficiencies in cleanliness and hygiene, if not a specific risk to the physical integrity or health of the beneficiaries and the professionals.
Are serious violations: a) prevent access to benefits in equal conditions to the beneficiaries.
b) does not respect the exercise of individual freedom of entry, stay and departure of the service or the centre, when they are minors or disabled.
c) Provide an inappropriate care that serious harm to the beneficiary.
d) Hinder or prevent the beneficiary that access to social services or health care or you can enjoy the rights recognised by law or regulation.
e) does not respect the dignity and the privacy of beneficiaries or renege on the duty of confidentiality and backup of your personal data, social or family events.
f) Not the plan of personalized agreed.
g) open and running the service or the Center without the necessary authorisation or breach the rules governing material conditions, functional and personnel required.
h) shut down a service or a centre without notice or without administrative authorisation in the case of a service integrated into the system.
and to act as a social or community service) of the system without prior accreditation of the Ministry concerned.
j) Infringe or alter the prices of services without having so notified or without administrative authorisation in the case of a service integrated into the system.
k) to make a maintenance of the premises, facilities, inadequate furniture and utensils or maintain conditions of cleanliness and hygiene, inappropriate if this causes a risk to the physical integrity or health of the beneficiaries and the professionals.
the) Make modifications to the physical structure of the building when they can affect the maintenance or abolition of the authorisation.
m) increase the number of parking spaces without respect the regulations.
n) Hinder or impede the tasks of evaluation, inspection and control or do not make the corrections indicated by competent bodies.
o) apply the public funding received for purposes other than those laid down for the granting and cover up the profit.
p) repeat minor infractions.
Are very serious offences: a) The offences classified in the previous section as a serious cause very serious danger of social deterioration when or originate from the beneficiaries is also very serious damages.
b) Undergo the beneficiaries in any type of physical or psychological abuse.
c) impose on beneficiaries any immobilization or physical or chemical restraint, without a prescription, except in cases in which there is imminent danger to the safety of the beneficiary or of another person and the measures to be provided and justified.
d) Obstruct the tasks, preventing the inspectores access to the premises of the centre or the service or exercise coercion, threats or any other form of serious pressure on the inspectors or the complainant.
e) Infringe the obligations set forth in paragraph 2 of article 39 concerning the financial and management audit.
f) does not present the partners technical memory of activities.
g) repeat serious offences.
Article 66 Violations from the beneficiaries of the services the infractions of the beneficiaries of the services may be the following: a) Make fraudulent actions aimed at getting any benefit, or will not allocate the benefits received for the purposes of the concession.
b) physically Assaulting or inflict abuse those in charge of the service or of the centre, the staff or other beneficiaries.
c) Perform acts or omissions that prevent or seriously make difficult the provision of the services you receive the beneficiary or third parties.
d) Perform acts or omissions that severely against the physical or moral integrity, freedom or dignity of the people in the centres or services.
Article 67 criminal liability When the infractions can be constitute a crime or criminal infringement, the competent body to resolve the matter to the public prosecutor informs sanctioning or the judicial authority. If there's a criminal process in progress, the rest in the final resolution to fail the sanctioning of the criminal.
In any case it is not possible to impose a double penalty of administrative and criminal character to the same person for the same facts.
Second section. 68 Article sanctions administrative sanctions the violations typified in this law will penalize, alternatively or cumulatively, as follows:
1. Committed by the staff of the centres and the private establishments: a social and community health) Minor Offences:-Caution in writing.
-Fine of a maximum amount equivalent to the official minimum wage monthly.
(b) Serious Offences):-prohibition of public funding for a maximum period of one year.
-Fine of a maximum amount equivalent to four times the official minimum wage monthly.
-Temporary Closure of the centre or the property up to the maximum of one year, or temporary suspension up to the maximum of one year of the authorization for the provision of certain services.
c) very serious Offences:-revocation of the agreement signed with the competent Public Administration, if applicable.
-prohibition of receiving public funding for a maximum period of three years.
-Fine of a maximum amount equivalent to eight times the official minimum wage monthly.
-temporary or definitive Closure of the establishment or centre, or temporary or definitive suspension of the authorisation for the provision of certain services.
The recipient of the sanctions is the owner of the centre or of the establishment in which the infringement has occurred.
2. Committed by the beneficiaries of the services:-verbal or written Reprimand.
-Fine of a maximum amount equivalent to twice the minimum wage monthly official.
-temporary or definitive Suspension of the benefit.
Without prejudice to the penalties, the competent authorities may adopt the necessary measures to ensure the provision of services in the conditions.
3. In all cases in which the infringement arising from an undue enrichment, in addition to the penalty for the violation, the offender must pay back the entire amount received unduly.
4. The sanctions that are imposed are compatible with the requirement on the infringer of compensation for any damages caused or, in your case, the replacement of the altered situation to its original state. This responsibility may be established by the competent body in sanctioning the same procedure for your satisfaction, leaving open the corresponding proceedings in case of breach.
Article 69 Gradation of sanctions 1. For the grading of sanctions should take into account the following criteria: a physical, moral and material damages) caused.
b) the severity of the risk created by the beneficiaries.
c) the degree of intentionality or negligence in the action or omission.
d) recidivism of the offender.
e) failure to comply with the warnings and prerequisites.
f) the relevance or the social and economic significance of the facts.
g) the number of beneficiaries or third parties affected.
h) the type of service.
2. For the purposes of this law, it is understood by "recidivism" the existence of two strong resolutions to the same infringement in the period of three years, or two strong resolutions for breaches of different nature in the period of two years.
Article 70 offences envisaged in this law prescribed administrative Prescription in a year if they are mild, in three years if they are serious, and after five years if they are very serious. The prescription has from the time in which they have committed infringements. The violations that affect those who prescribe after a year.
The penalties imposed for minor offences prescribed in any one year, the imposed by serious offences after two years and imposed very serious offences, or imposed to the beneficiary of the service, at the end of three years.
Article 71 sanctions Procedure The sanctioning procedure meets the following specifications: a) applicable regulations. The procedure must conform to the provisions of the Administrative Code and the rules regulating the sanctioning procedure in force, with the characteristics set out in the following sections.
b) competent bodies. Corresponds to the holder of the appropriate Ministry or to the body of the Ministry delegated by him, as well as in the Commons, the opening of disciplinary proceedings. Instruction used to make by the inspectors of the competent Ministry or, in his case, people who exercise this function in the Commons.
c) Instigation and instruction. The disciplinary procedure is incoa ex officio or at the request of a party. To start the procedure, the competent authority may decide to carry out the previous instruction information reserved for the competition of the facts in the face of which shall agree on the matter or, if necessary, the file of the proceedings.
d) injunctive relief. At the time of sanctioning the transcript already or during your instruction, the Minister competent in the subject matter or the common, if necessary, can agree on the appropriate precautionary measures for the protection of the people. These measures may consist in the total or partial provisional closure of the centre or the establishment and in the total or partial temporary suspension of the benefit, or the transfer of the beneficiary. In any case, the precautionary measures should be proportionate to the nature and gravity of the alleged infringement committed.
e) Allegations and resolution. The opening of the disciplinary record and also the charges with the exposition of the facts charged, the reference of the legal rules infringed and the proposed sanction is notified to the centre or to the establishment concerned or to the beneficiary, if applicable. Within ten days of the notification, those interested can submit anything they consider relevant and to propose the appropriate testing practice that must be carried out as long as it is not considered to be useless or irrelevant. Once the instruction, the file is transferred to the competent body for resolves.
f) competent to solve. The competition to solve and to impose sanctions is up to the holder of the appropriate Ministry or in common.
g) filing of appeal. Against the decisions rendered in penalizing you can lodge an appeal in the face of the Government in the way provided for by the code of the administration. Once you have exhausted administrative remedies, the Court remains open, in accordance with the procedure in force.
Article 72 of the penalties imposed for infringements to the law on social services and social welfare administrations used the revenues derived from the imposition of the sanctions provided for in this law to the improvement and coverage of social services and community health system.
First additional provision. Collaboration in the management of economic benefits
In order to optimize resources and improve the efficiency of the management of the benefits, the Government and the Caixa Andorrana de Seguretat Social can establish collaboration agreements to manage the economic benefits of the Government and the social security, under the terms and conditions that are established in the corresponding collaboration agreements.
Second additional provision. Technical benefits of experimental character in order to encourage the development of alternative and innovative ways of care, the Government may temporarily authorise the creation of facilities and services that are part of the pilot programs, which once evaluated favorably can join the portfolio of social and community health services.
Third additional provision. Public entities collaborating foreign foreign public bodies can have the status of collaborating entities if they are accredited and sign the corresponding agreement with the Government or the common, in accordance with the respective competencies.
Fourth additional provision. Data exchange the Government, are common, the Caixa Andorrana de Seguretat Social and other public entities, in accordance with the law 15/2003, of December 18, qualified protection of personal data and the rules that develop, can communicate the data when necessary to meet its objectives and functions and when it is done in compliance with a rule in force , in the terms established by the law.
Fifth additional provision. Large families in order to favour the large families so that they can enjoy the economic, social and cultural benefits that are established from the public and private sectors, regulates the status of large families in the following cases: 1. It is considered "large family" the family constituted by one or both parents with three or more children, to be or not.
2. Furthermore, they equate to "large family" families formed: a) By one or both parents with two or more children, whether or not, when at least one of these children is disabled.
b) For two parents with two or more children, when both parents are disabled or at least have a severe disability of 60% at least of prejudice.
c) for a parent with two children, in the event of death of the other parent.
their parents divorced or separated) by with three or more children, whether they are or not, although they form part of different family units, as long as they are below their economic dependency.
3. The applicant and the children must have permanent residence and effective in Andorra, with the exceptions set out in the letter d) of paragraph 2 of this provision, and for temporary absences set forth in section 6 of this provision.
4. equate to "children" people subject to guardianship or foster care permanent or long. Correlatively will equate to "parents" the tutors and the people who have the permanent foster care or pre-adoptive foster care of children, as long as they live with them and be in charge of him.
5. Children must be unmarried and under the age of 18 years or 25 years if studying, except if they are people with disabilities, which will be calculated whatever the age.
6. In general, it is required that the children live with the parents, except in the case of temporary separations due to studies, treatments or similar and economically dependent parents mentioned.
7. The Government, within the period of one year, has to develop according to the procedure, specifying the requirements and establish the benefits of numerous family.
Sixth additional provision. Volunteering in order to unify the obligations established in the entities of the social field, modifies the law 90/2010, from 16 December, from volunteers of Andorra, in the following articles: a) are added the letters m) and n) in paragraph 1 of article 12, concerning the obligations of the entities of volunteering, with the following wording: "m) annually submit a memory technique of the activities carried out."
"any public contributions) received the volunteer organizations are subject to a financial audit and management. These entities may elect to provide the audit or to run the Government. The audit will be annually if the public contributions received are equal to or greater than € 25,000 or four if the amounts received are less than € 25,000. "
Seventh additional provision. Compliance regulations to the agreement relating to the rights of persons with disabilities, The Government should draw up a report on the adequacy of the Andorran rules in the Convention on the rights of persons with disabilities, adopted on 13 December 2006 by the General Assembly of the United Nations, signed by Andorra on 27 April 2007, entered parliamentary procedure to the General Council for ratification on July 5, 2013 and approved by the General Council of the October 10, 2013. According to this report, within a maximum period of one year and a half, the Government has to prepare a bill that collect the necessary adaptations. In the process of elaboration of the draft law is to ask for the opinion of the representatives of people with disabilities, through the National Council on disabilities (CONADIS), in the terms established in article 30 of the law on guarantees of the rights of persons with disabilities.
First transitional provision 1. The beneficiaries of the pensions of solidarity for people with disabilities and of solidarity pensions for the elderly covered by article 20 of the law on guarantees of the rights of persons with disabilities, of 17 October 2002, and in article 29 of the law 31/2008 of 18 December, economic reactivation measures , which creates the solidarity pension for the elderly, respectively, may continue to receive them as long as you continue to fulfil the requirements in the regulations in force at the time of the grant.
2. Requests for access to the solidarity pension for people with disability or the solidarity pension for the elderly, filed in accordance with the laws mentioned in the first paragraph of the previous section must be processed in accordance with the regulations in force at the time of submitting the application, except in the event that the applicant State in writing the option apply to the rules of this law.
Second transitional provision
The beneficiaries of the provision for dependent children established in articles 210 to 213 of the law 17/2008, of 3 October, social security can continue to receive it as long as you meet the requirements in the legislation, or they may choose to apply for the new benefit for a dependent child set out in this law. In any case, it is not compatible the perception of both benefits.
Third transitional provision people who receive a technical provision or who receive an economic benefit from social services or public health shall prove within a period of six months, at the request of the competent Ministry, which have legal residence, permanent and effective in Andorra, in the terms set out in paragraph 1 of article 5.
Fourth transitional provision the agreements signed with the Government by private or public entities, the communes and the social security system in the area of social and community health services which are in force at the entry into force of this law, have full validity until they review or complete, in accordance with the provisions in the agreement, and without prejudice to the adaptations that require the application of this law.
Fifth transitional provision to the personnel that the entry into force of the law is providing service to the Government and to the common and that as a result of the reorganization of the exercise of the powers have to change their affiliation, he shall respect all the rights that it has established in accordance with the rules of public function and labour force, although they will have to adapt to the Organization and the functions of the administration of the service.
Sixth transitional provision the regulation that regulates the degree and conditions necessary qualification of human resources should take into account the situation and experience of the people who at the time of the entry into force of this law are providing services in some social services and community health centre in order to establish, if necessary, the conditions and the requirements of approvals or the appropriate validations in every situation.
Single repealing provision 1. Expressly abolishes the following provisions: a) article 20 of the law on guarantees of the rights of persons with disabilities, of 17 October 2002, which regulates the solidarity and the provisions of this law in the sixth chapter, concerning the regime of infractions and sanctions with regard to social and community health services.
b) article 29 of the law 31/2008 of 18 December on measures of economic reactivation, which creates the solidarity pension for the elderly, as well as article 22 of law 93/2010, from 16 December.
2. In general, repealing all the rules of rank less than or equal in all that contradict this law. However, they are in effect the previous regulations as long as they do not contravene this law, and until the Government modify or replace.
First final provision. Deployment of the law this law should be fully deployed within a maximum period of four years, during which the Government and the communes, in accordance with its responsibilities, must be implemented with the approval of the following rules: a) before the end of the second year of validity:-Regulating and spread the portfolio of social and community health services.
-Regulate the aspects related to the financing of social and community health services.
-Regulating the procedure of authorisation and accreditation of the institutions and of the functional requirements, materials and accessibility of schools and businesses, as well as the qualifications and conditions of necessary qualification of human resources.
-set up the National Commission of Social Welfare, the Technical Committee of Social Welfare and the participation of Civic institutions.
-responsibility and ask for the audit of effectiveness and efficiency is regulated in article 46 and the first improvement plan.
-to develop the integrated system of information (first phase).
b) before the end of the first three years of validity:-draw up and approve the national plan of social and community health services.
-the exercise of the competences between the Government and the communes responsibility distribution derived from the provisions of this law.
c) before the end of the first four years of validity:-Prepare the rest of regulations and actions for implementation of the law.
Second final provision. Priorities for implementation in the first two years of life of the Law has been to prioritize the implementation of the benefits and the Extras below: a) primary care provision. At the end of this period the technical teams that carry out the functions of primary health care should have a minimum strength of a professional social work for every 5,000 inhabitants and another of the social education for every 8,500 people. The Government should set up an organization that ensures an equitable distribution of the professionals in each parish; each must have, at a minimum, a social worker and an educator reference social with total or partial dedication.
b) home care Service. This service should cover at least 3.5% of the population over 65 years.
c) implementation of the personal assistance service for people with disabilities, through a pilot programme.
d) set up a programme for the early detection of cases of children with disabilities, or in situations of risk.
e) set up a programme for the early detection of cases of victims of violence or sexual abuse against children, or in a situation of risk, and information and guidance to families affected f) set up a programme for the early detection of cases of gender-based violence or at risk of developing it.
g) service of children and adolescents. Create a centre for children and adolescents that give coverage especially in situations of social risk and difficulties of inclusion.
h) create a free weather service specifically for adolescents and adults with a severe disability or a large dependency.
I) assisted service for people with mental health problems. Create a home for comprehensive care 24 hours a day.
j) advice and supply of support products. Set up an advisory service and support products supply, in the terms established by the law.
Third final provision. Entry into force this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
However, pensions are regulated in articles 25 and 26, as well as the benefits regulated in article 27 cannot be ordered until the third month of the entry into force of this law and are starting to be granted with effect from the first day of the following month.
Casa de la Vall, 24 April 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra
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