Law 25/2013, From 28 November, Dissolution Of The Residence For The Elderly Solà D'enclar

Original Language Title: Llei 25/2013, del 28 de novembre, de dissolució de la residència per a la tercera edat Solà d’Enclar

Read the untranslated law here: https://www.bopa.ad/bopa/025061/Pagines/83A1A.aspx

Law 25/2013, from 28 November, dissolution of the residence for the elderly Solà d'enclar since the General Council at its session of November 28 2013 has approved the following: law 25/2013, from 28 November, dissolution of the residence for the elderly Solà d'enclar preamble the residence for the elderly Solà d'enclar (hereinafter Residence Sola d'enclar) , was created by virtue of the regulation relating to the heritage assets made available to the m. i. General Council through the m. i. Board of population and social protection, by the Caixa Andorrana de Seguretat Social for the House of the elderly, from the 27th of July 1981, which later led to the approval of the regulation of administrative organisation of the residence of the elderly Solà d'enclar , approved by the General Council in October of the same year. So was established the creation of this centre, as an autonomous public body with full legal and moral ability to act to fulfill your purposes.

The Residencia Solà d'enclar was in origin the first public health center of Andorra intended to provide services to residential reception for people over 65 years who lived permanently all over the country, and became for many years the only centre that offers this kind of services. However, the progressive growth in population and the lengthening of life expectancy, did soon it was impossible that the residence Sola d'enclar could give response to national needs and that is why it was necessary to resort to the hiring of new residential places in healthcare centres outside the country.

Over time, the residential sector has been evolving national community and have created several residential structures healthcare for the elderly, both public and private character.

It is not but until the year 2009, as a result of the implementation of the new Health Centre the Cedar, which is the so-called Health Care Network (XASS) of Andorra, a network that is created with the aim of being able to face the challenge of dependency and the increasing need of the population to have centres have curated by the sanitary attention for the elderly. The network currently includes three residential healthcare centres, and defines the corresponding model of care (assisted, assisted and non-medicated), as well as the different diets of accommodations offered (residential, day centre and respite program) and the respective financing model. Access to these resources is regulated by means of a scale of assessment of the degree of dependence and a technical evaluation Committee (COVASS), which, according to this scale, given to each case, the resource that is best suited to your needs.

Five years after the launch of the health center the Cedar, which was conceived with a considerable capacity (150 seats) and initially launched with a partial opening of the places available, it has been found that the XASS presents a sufficiently sized and resources adapted to meet conveniently the needs of the population for years to come.

On the other hand, the current economic and social framework directed us to an efficient and effective management of public resources. In this context, and given the need to adapt and renew facilities and certain equipment of the residence Sola d'enclar, after over thirty years at the service of Andorran society, is much more rational than this can be integrated to the Cedar Community, in order to improve both the quality of care for the elderly, as well as fairness in the access to the resources available.

Article 1 1. Dissolves the residence Sola d'enclar, an autonomous public body, created by the regulation relating to the heritage assets made available to the m. i. General Council through the m. i. Board of population and social protection, by the Caixa Andorrana de Seguretat Social for the House of the elderly, of July 27, 1981, and by the regulation of the administrative organization of the residence of the elderly Solà d'enclar , approved by the General Council in October of the same year.

2. The legal status of the Residencia Solà d'enclar is extinct since the entry into force of this law.

3. All the human resources of the Residencia Solà d'enclar are integrated within the structure of the Andorran Health Care Service (SAAS), as a body of the community or The cedar, according to what is established by Decree of the Government, which subroga in all legal relations in which the residence Sola d'enclar is subject to active or passive. To this end, the staff of the residence Sola d'enclar occupying jobs contract relates to SAAS and is integrated into the groups and professional occupations type of classification system of SAAS, according to jobs corresponding to the places they occupy at the time, or if this is not possible, in those that are prone to assimilate. The SAAS is subroga in the rights and obligations arising from the existing labour relations in accordance with the terms established in the current regulations.

4. All the material resources of the Residencia Solà d'enclar are integrated, as appropriate, within the structure of the SAAS or the general administration, depending on whether these resources can be put to use or reused, according to what is established by Decree of the Government, which subroguen in all legal relations in which the residence Sola d'enclar is subject to active or passive.

Article 2 1. The current assets of the Residencia Solà d'enclar happens, by virtue of the termination declared by this Act and as required, to ownership of the SAAS or general administration.

2. Before making the appropriate transfers must proceed in accordance with the regulations applicable to: a) to close the accounts for the financial year and the balance of payment, after making the corresponding audit, in accordance with what is established in the second final provision of this law.

b) Form the inventory of goods that must be subject to transfer, as required, to SAAS or in the general administration.

Repealing provision


The entry into force of this law are repealed the regulation relating to the heritage assets made available to the m. i. General Council through the m. i. Board of population and social protection, by the Caixa Andorrana de Seguretat Social for the House of the elderly, of July 27, 1981, and the regulation of administrative organisation of the residence of the elderly Solà d'enclar approved by the General Council in October of the same year, as well as all other standard of the same rank or lower, which is opposed or contradictory to what is established in this law.

First final provision empowers the Government to make the necessary provisions to comply with this law.

Second final provision this law comes into force the day after being published in the official bulletin of the Principality of Andorra, and becomes effective, the settlement of the same object, on December 31, 2013.

Casa de la Vall, 28 November 2013 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.

Joan Enric Vives Sicília Bishop of Urgell Co-prince of Andorra François Hollande President of the French Republic Co-prince of Andorra