Administrative Measures On Old-Age Care Institutions

Original Language Title: 养老机构管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201311/20131100393589.shtml

Administrative measures on old-age care institutions

    (June 28, 2013 the Ministry of Civil Affairs announced on July 1, 2013, 49th purposes) Chapter I General provisions

    First in order to regulate the management of old-age care institutions, promote healthy development of old-age care, in accordance with the People's Republic of China Law on protection of rights and interests of the elderly and the relevant laws, administrative regulations, and these measures are formulated.

    Second pension institutions in these measures is established in accordance with the pension agency established measures for the license and registration under the law for the aged living and care service providers. Third civil affairs departments of the State Council is responsible for the national pension agency guidance, supervision and management, civil affairs departments above the county level people's Government responsible for the administration of pension institutions in guiding, monitoring and management.

    Other departments concerned in accordance with the duties imposed on old-age care institutions supervision.

    Fourth pension institutions shall safeguard the legitimate rights and interests of the elderly shall be charged.

    Rooms at the pension institutions for the aged should comply with the pension Agency's rules and regulations.

    Article fifth civil affairs departments above the county level people's Governments shall, in accordance with economic and social development of the people's Governments at the corresponding level plans and related planning, in conjunction with the relevant departments pension Agency construction planning, and implementation.

    Sixth Government to invest the pension Agency, should give priority to protection of orphans, allowances and economic hardships of the widows, disability, old age and other service needs of older persons.

    Article seventh home departments shall, jointly with relevant departments to take measures to encourage and support enterprises, institutions, social organizations or individuals to set up, operate pension institutions.

    Encourage citizens, legal persons or other organizations for old-age care institutions provided donations and volunteer service.

    Eighth gate in old-age care institutions of civil affairs service and management units and individuals that have achieved outstanding successes in work, recognition and reward in accordance with the relevant provisions of the State.

    Chapter services

    Nineth pension institutions in accordance with the service agreement for the admission of elderly care, rehabilitation care, comfort, entertainment and other services.

    Article tenth old-age basic pension institutions provide services shall comply with the specifications related to the State standards or industrial standards and norms.

    11th pension institutions providing services for the elderly should be with older persons receiving services or his or her agent with a signed service agreement.

    Service agreement shall contain the following:

    (A) the name of the old-age care institutions, shelters, legal representative or principal responsible person, contact information;

    (B) older persons and their representatives and the elderly often specified contact's name, address, identification, contact;

    (C) content and services;

    (D) fees and fee payment;

    (E) the duration of service and locations;

    (F) the rights and obligations of the parties;

    (G) conditions of the modification, rescission and termination of the agreement;

    (VIII) liability for breach;

    (I) the accident liability and dispute resolution;

    (10) the parties have so agreed.

    Service agreement model formulated by the Civil Affairs Department under the State Council separately.

    12th pension institutions to meet the daily needs of the elderly should be provided meals, dressing, using the toilet, take a shower, indoor and outdoor activities and other services.

    Pension institutions meet the living condition of the aged housing should be provided, and equipped with the appropriate security requirements for facilities, equipment and utensils used in the elderly, places for older persons and items are regularly disinfected and cleaned.

    Pension institutions provide diet should meet the health requirements, conducive to the balance of nutrition in the elderly, in accordance with national customs.

    13th pension institutions should establish admission assessment system, do a health assessment in the elderly, and according to the service agreement and the ability of daily life of the elderly, the implementation of classification services.

    Old-age care institutions should be established for the elderly health records, organizing regular medical examinations and disease prevention. Old-age care institutions through the establishment of medical institutions, or take the form of cooperation with surrounding medical institutions, medical services for the elderly.

    Pension institutions to establish medical institutions, shall obtain a license to practice in medical institutions, are managed in accordance with laws and regulations related to medical institutions management.

    14th in sudden severe diseases of the elderly, the old-age care institutions shall promptly notify the agent or frequent contact and transferred to medical institutions for treatment; found when suspected infectious disease patients or in patients with mental disorders in the elderly, disease prevention, mental health and other related shall, in accordance with provisions of laws and regulations.

    15th pension institutions should be provided for the elderly in need emotional guidance, counseling, crisis intervention and other spiritual services.

    16th pension institutions for the elderly should be conducted of cultural, sports, recreational activities, enrich the spiritual and cultural life of the elderly.

    Pension institutions to carry out cultural, sports, recreational activities, necessary security measures should be provided for the elderly.

    Chapter management

    17th old-age care institutions should be established in accordance with the relevant provisions of the State and improve safety, fire, health, financial, records management rules and regulations, development of service standards and work flow, to be made public.

    Article 18th pension agencies should be commensurate with the services and operations staff, and to enter into employment contracts or employment contracts.

    Pension institutions engaged in medical care, rehabilitation, social work services for professional and technical personnel, should be issued by professional technical certificate in the post; old-age nursing personnel should be trained in professional skills training by certified after passing the examination.

    Pension agencies should organize regular staff in education and business training.

    19th old-age care institutions shall, in accordance with the registration type, nature of business, facilities, equipment, management, service quality, grades and other factors to determine service fees.

    Pension institution shall be prominently publicized in various service fees and charges are based on and comply with relevant regulations of the State and local government price control.

    Article 20th old-age care institutions shall be accepted in accordance with the relevant provisions, the use of donations, accept voluntary services.

    21st pension agencies should carry out 24-hour on duty, safety and security of the elderly.

    22nd pension agencies should carry out fire safety duties according to law, improving the fire safety management system, the implementation of accountability system for fire protection, configuration, maintenance of fire service installations and equipment, conduct routine fire inspections, regular fire and emergency evacuation and fire safety training.

    Article 23rd pension institutions should develop emergency plans.

    After the incident occurred, pension agencies should immediately start emergency procedures, according to the emergency response management duties reporting to the relevant authorities, emergency treatment and results reported to the licensing departments of Civil Affairs to civil affairs departments and shelters.

    24th to encourage pension liability insurance, reduce the risk of Agency operations.

    25th pension agencies should establish a message file, keep the original data.

    Old-age care institutions should be protection of personal information.

    Article 26th pension institutions should always listen to the observations and recommendations of the elderly, give full scope to the supervision of pension services and management role.

    27th pension institutions for change or termination, suspension, termination of service, shall, to suspend or terminate the service 60 days ago, resettlement programmes for older persons submitted to the licensing departments of Civil Affairs, it should be made clear in the programme admitted the number of people aged, the resettlement plan and implementation dates and other matters, approval can be implemented.

    Home departments shall, upon receiving the resettlement programmes within 20th of the audit is completed.

    Home departments shall supervise institutions implementation of rehousing programmes, and to provide proper rehousing the elderly help them timely.

    Fourth chapter of supervision and inspection 28th civil affairs departments should be in accordance with the licensing rights, through a written examination or inspection on old-age care institutions, inter alia, for supervision and inspection in the field, and check the results to the public.

    Superior home departments may appoint subordinate civil administration supervision and inspection. Old-age care institutions should be implemented before March 31 of each year to permit civil affairs departments submit a report on the work of the previous year.

    Annual report contents include services, operations management, service quality, and so on.

    29th civil affairs departments should establish old-age care institutions assessment system, periodic pension agency personnel, facilities, services, management, and to evaluate the credibility of it.

    Old-age care institutions assessment may entrust third parties to implement, the results should be announced to the public.

    Article 30th home departments shall regularly carry out pension service industries statistics, pension agencies should submit timely and accurate information.

    31st civil affairs departments on the management of old-age care institutions should be established to report and complaint system.

    The Home Department after receiving the reports, complaints, it should be verified, processed in a timely manner.

    Article 32nd civil affairs departments at higher levels shall strengthen the civil affairs departments at lower levels of guidance and supervision, and correcting irregularities in the management of pension agency violations in a timely manner.

    The fifth chapter legal liability

    Article 33rd pension institutions, one of the following acts, by the Civil Affairs Department of licensing shall be ordered to correct serious, fined 30,000 yuan fines; constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) has not signed a service agreement with older persons or their agents, or not in conformity with the provisions of the agreement;

    (B) is not in accordance with the relevant standards and regulations to carry out the service of the State;

    (C) staffing qualifications do not meet the requirements;

    (D) to be responsible for the supervision and inspection of the Home Department to hide relevant situations, providing false information or refuse to provide authentic materials on its activities;

    (E) use of endowment House, the location, facilities and pension activities not related to service purposes;

    (Vi) discrimination, insult, abuse or abandonment of elderly as well as other violations of the legitimate rights and interests of the elderly Act;

    (G) to suspend or terminate the services without authorization;
(VIII) other violations of laws, rules and regulations.

    34th district departments and their staff in violation of the relevant provisions of the measures, the higher administrative authority shall order rectification are serious, charge and other personnel directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    35th State of glorious homes, rural five-guarantee services such as the management of old-age care institutions have special provisions, in accordance with its provisions. 36th these measures shall come into force on July 1, 2013.