Administrative Measures For The Social Old-Age Welfare Institutions In Wuhan City

Original Language Title: 武汉市社会办养老福利机构管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376439.shtml

Administrative measures for the social old-age welfare institutions in Wuhan City

    (July 11, 2012 19th meeting consideration of the people's Government of Wuhan municipality on July 25, 2012, Wuhan municipal people's Government announced order No. 230, come into force on September 1, 2012) Chapter I General provisions

    First to standardize the social old-age welfare agency management, maintenance of social old-age welfare institutions and the legitimate rights and interests of the elderly, promoting the development of social welfare in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies within the administrative area of the city community management of old-age benefits institution. Social old-age welfare institutions in these measures refers to a citizen, legal person or other organization organized by the use of non-financial investments, living for the elderly, life care, rehabilitation care, managed services organization.

    Nature of social old-age welfare institutions in accordance with their registration are classified non-profit social old-age welfare institutions and non-profit social old-age welfare institutions.

    The establishment and management of rehabilitation nursing homes, hospitals, in accordance with the relevant provisions of the management of medical institutions.

    Development of the third social old-age welfare agencies government guidance, social promotion, policy support, the principle of strict management.

    Fourth municipal people's Government in accordance with economic and social development, the pension situation and urban planning, social old-age welfare institution-building, service, and development as the main contents of the career development planning, into the overall plan for national economic and social development.

    District people's Government the unified leadership of the management of the social old-age welfare agencies within the administrative area, according to the urban services career development planning, the formulation of the social old-age welfare organization planning, Coordinator of the social old-age welfare institution-building and development.

    Is the fifth public service social old-age welfare agencies within the administrative area of the city authorities, social old-age welfare agencies, is responsible for the management of guidance, coordination and supervision.

    District within the Department responsible for the administration of social old-age welfare agency approval, registration and management.

    Article development and reform, land planning, urban and rural construction, health, housing, industry and commerce, price guarantee housing, water supplies, food and drug supervision, public security, social security, urban management, human resources, taxation, finance, work and other related departments shall, in accordance with their respective responsibilities, to do well the management of social old-age welfare bodies.

    The township (town) people's Governments and neighborhood offices within its area of responsibility in the management of the social old-age welfare agencies within its jurisdiction.

    Electricity, water supply, gas supply, telecommunications, cable television and other enterprise shall, within the scope of pension and welfare institutions make the service work for the community.

    Article seventh city of Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, East Lake ecological tourism scenic area, Wuhan chemical industrial zone in accordance with this approach on district people's Government and related departments and administration of provisions, responsible for their own administration within the management of the social old-age welfare bodies.

    Eighth private industry association of pension institutions established according to law, shall cooperate with the civil affairs departments in self-discipline, service, service level agreement, coordination and evaluation of the work.

    Municipal and district authorities should support industry associations to carry out business activities and strengthen the operational guidance and supervision of the trade association. Nineth to encourage citizens, legal persons or other organizations organize social old-age welfare institutions encourage and support citizens, legal persons or other organizations to the social old-age welfare body donation, donate or provide free services.

    Made outstanding contributions to the social old-age welfare agencies and their sponsor, recognition and reward by the city or district people's Government.

    Community old-age welfare institutions financed and reward requirements included in the budget at the same level.

    Chapter II establishment

    Article tenth establishment of social old-age welfare body shall handle the planning approval, institutions for approval, registration of private non-enterprise units or business registration procedures.

    11th the establishment of social old-age welfare institution shall meet the following conditions:

    (A) the applicants have full civil capacity of individuals, legal persons or other organizations established according to law;

    (B) in accordance with pension institutions within their respective administrative areas planning;

    (C) fixed services, services of building design, fire safety, environmental protection, sanitation and epidemic prevention requirements for living standards and technical specifications;

    (D) has the size of pension and welfare institutions, nature of business, adapted to the context of life, culture, rehabilitation, medical and safety standards;

    (E) services and to adapt to the size of the seed money, average per bed not less than 5000;

    (F) commensurate with the service and have the requirements of practice management, nursing care service, health technology and life staff; staff and capable of taking care of service no less than 1:6, and need help and care services no less than 1:3;

    (VII) has a sound Constitution and rules and regulations;

    (VIII) other conditions prescribed by national, provincial.

    12th bid to apply for the establishment of social old-age welfare agency shall bring the following materials to the local district authorities submit a planning application:

    (A) the application, feasibility study report;

    (B) the identity document of the applicant;

    (C) the sources of documents;

    (D) services of ownership documents;

    (E) private non-enterprise units or business name prior approval written notice of name pre-approval notice;

    (Vi) national, provincial regulations of other materials. 13th District Department shall within 10 working days from the date of acceptance of the application, make a decision on whether to grant.

    Qualify, book of construction approvals issued by the social welfare agencies (hereinafter referred to as book of the reply), does not meet the criteria, explain the reasons and inform the applicant in writing.

    Establishing social old-age welfare agencies bedding sets of less than 200, book of the approval will be valid for 12 months and bedding sets in more than 200 (200 sheets) or to create a new, book of the approval will be valid for 24 months.

    Is not completed within the validity of the approved preparatory work shall be in accordance with these regulations, bid preparation procedure again. 14th the applicant completed preparatory work shall be made to the seat of the District Department for a certificate of approval of the social welfare institution.

    An application shall submit the following materials:

    (A) the application and preparation of the letter of reply;

    (B) the services of ownership documents;

    (C) urban and rural construction, housing security, housing, fire protection, food and drug administration, health and other relevant departments to review the submission or acceptance of reports;

    (D) the allocation of medical facilities and health professionals description of or proof of service in cooperation with medical and health institutions;

    (E) capital verification certificate and assets assessment reports;

    (F) the articles of Association and rules and regulations;

    (G) staff in the work list and copy of ID card, certificate of health;

    (VIII) other materials provided by national, provincial.

    Start-up non-profit social old-age welfare institutions, applicants submit their applications in accordance with the provisions of the preceding paragraph files, in accordance with the interim regulations on the administration of registration of private non-enterprise units of (the State Council order No. 251) of the application for registration of private non-enterprise units in conjunction with. 15th District Department shall accept the application within 10 working days from the date of acceptance in the field and make a decision.

    Meet the requirements, issuance of the certificate of approval of the social welfare institution; does not meet the criteria, and not be issued and shall state the reasons. To apply for pension and welfare institutions set up in conjunction with the approval and registration of private non-enterprise units shall, within 15 working days from the date of acceptance of the application for field inspection and registration of private non-enterprise units examined.

    Meet the requirements, issued in conjunction with the social welfare institution certificate of approval and the certificate of registration of private non-enterprise units; does not meet the criteria, and not be issued, register and state the reason in writing.

    Area of the Home Department shall approve the establishment of the old-age welfare institutions public service record.

    16th non-profit social old-age welfare institutions in obtaining certificate of approval of the social welfare institution and after the certificate of registration of private non-enterprise units, operations and external service delivery.

    Profit social old-age welfare institutions after obtaining the certificate of the approval of the social welfare institutions, should go through the registration formalities according to law the business sector, after obtaining the business license, operations and external service delivery.

    Community old-age welfare institutions in places other than this body sets the partial, welfare agencies should be established as a new, go through the relevant procedures in accordance with these measures.

    17th social old-age welfare agencies need to change name, address, legal representative, the scope of services should be 30th in advance application to the civil affairs departments in the region set the approval certificate, and for registration of private non-enterprise units or business registration procedures.

    Community old-age welfare agency suspended or closed, dissolution or other reasons for termination of service, 30th in advance should be reported to the civil affairs departments in the region, properly placed after the old, established in accordance with the application and registration procedures, make an application to the relevant authorities and approval, suspension or termination of services.

    Article 18th social old-age welfare institutions applying for the establishment of medical institutions (including medical rehabilitation agency), in line with the relevant provisions of the State condition 9 of the public health Administrative Department shall be handled in accordance with the relevant provisions on the administration of medical institutions and approval procedures.

    Community old-age welfare institutions established by medical institutions, in line with the basic conditions of fixed-point medical institutions of health care insurance, by human resources and Social Security Department in accordance with the prescribed procedures to grant them basic medical care fixed-point medical institutions of insurance qualifications.

    19th the Hong Kong, Macao, Taiwan area organizations and individuals, as well as overseas Chinese and foreign applicants, joint venture and cooperation established within the administrative area of the city in the form of social old-age welfare institutions, in accordance with the relevant provisions of the State, province.
Chapter III standard operating

    Article 20th social old-age welfare agencies should be admitted to the elderly or their guardians to sign service contracts, specify the responsibilities, rights and obligations of both parties.

    Service contract shall include the following:

    (A) the parties, support a dependant;

    (B) the content and the mode of service;

    (C) fees and standards of service, payment and prepayment amount;

    (D) the duration of service and locations;

    (E) the rights and obligations of the parties, support a dependant;

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

    (G) liability for breach;

    (H) other matters agreed by parties, support a dependant.

    Social pension welfare service public contract demonstration text governance, business-sector organizations, in conjunction with industry associations to develop.

    Article 21st social old-age welfare agencies should establish and perfect rules and regulations, clear job specification, development of service standards and operational services be publicized.

    Social old-age welfare agencies should be registered with the registration authority's business, service, range operations, strict implementation of the national social welfare institutions for older standard old-age welfare agencies and provincial and municipal regulations, criteria.

    22nd social old-age welfare institutions operating services shall comply with the following provisions:

    (A) according to the level of ability of daily life and care of the elderly, according to the civil affairs departments carrying out grading nursing care services;

    (B) the development of nutritionally balanced diets for the elderly, the rational allocation of suitable for the diets of the elderly;

    (C) provide services for rehabilitation, cultural and sports activities for the elderly;

    (D) provide psychological counseling for the elderly, social ease, soothe the soul and other services;

    (E) establish a disease prevention system, for older persons health records, regular checkups; the elderly staying in the after-effects of infectious diseases and mental illness, and shall promptly report to the relevant authorities, inform their relatives or guardians, and to take effective measures to enable them to receive timely treatment from specialized medical institutions;

    (F) establish a 24-hour duty system, well aged care work;

    (VII) establishment sanitation and disinfection system, regular disinfection tableware used in the elderly, regular cleaning bedding and clothing for the elderly, regular cleaning water and air conditioning, keep indoor and outdoor health and tidy;

    (H) national, provincial, other relevant provisions.

    Community old-age welfare institutions without changing the main site and the usage of the facility.

    Article 23rd social old-age welfare agencies should treat admitted to older people, without discrimination, abuse and abandonment.

    Rooms at the social old-age welfare institutions for the aged should comply with the pension agency rules and regulations.

    24th non-profit social old-age welfare agency fees, fees, according to the regulations of the Department in charge of price and handle business fees and supervision and examination a means.

    Non-profit social old-age welfare institutions regulated by the market, after its fees, charging standards determined, reported to the competent authorities.

    Community old-age welfare institutions shall not be implemented until the admission of one-time all-inclusive death toll.

    Establishment of social old-age welfare agencies, non-profit medical institution and its medical staff shall be carried out within the approved scope of medical services in the health sector, price management, medical services, and the implementation of the provisions.

    Article 25th social old-age welfare institutions shall, in accordance with standard contents, services, standards and protocols to provide quality services, protect the legitimate rights and interests of the elderly; shall enter into labor contracts with staff, safeguard the legitimate rights and interests of the staff.

    Encourage social old-age welfare institutions for elderly accidental injury insurance.

    Article 26th social old-age welfare institutions shall comply with the requirements for financial management, financial accounting system, prepare financial statements on a regular basis, and consciously accept the supervision of the relevant departments.

    Article 27th social old-age welfare agencies of health technology, nursing, finance, staff should have jobs such as cooking techniques or practising certificates of technical qualifications and practising certificates.

    Social old-age welfare institutions to apply for setting up of medical institutions (including medical rehabilitation institutions), its medical staff shall have the appropriate practising certificate of technical qualifications and practising certificates.

    28th social old-age welfare agencies should organize regular staff education and professional training, improving staff quality and professional skills.

    Social old-age welfare institution shall periodically for housing, electricity and other facilities and equipment, the use of checks, ensuring the safety of facilities and equipment.

    The fourth chapter funding support

    Article 29th of the social welfare institution certificate of approval and the certificate of registration of private non-enterprise units non-profit social old-age welfare institutions, you can enjoy the following preferential policies at the national, provincial and municipal regulations:

    (A) in accordance with national, provincial and municipal tax abatements;

    (B) in accordance with the relevant provisions of the municipal relief-related administrative fees;

    (C) the prices of electricity, water, gas in accordance with the residential price, telephone, Internet, cable TV provides discount prices;

    (Iv) intake consistent with public welfare jobs of the conditions of employment, in accordance with the provisions of public welfare position benefits;

    (E) other preferential policies at the national, provincial and municipal regulations.

    Article 30th establishment of social old-age welfare agencies health professionals employed in medical institutions, in areas such as scientific research projects, continuing education, technical post title assessment and enjoy equal treatment of public medical institutions and health professionals.

    31st municipal and district authorities to actively create conditions to take the form of subsidies and in-kind, to encourage and support social old-age welfare institutions, special difficulties, admitted to the object, specific scope, ageing, in conjunction with the public service jobs, human resources and Social Security Department.

    Article 32nd non-profit social old-age welfare institutions according to different standards, may apply to the civil affairs departments in the region the following funding:

    (A) based on funding, matching sets, building standards, apply to enjoy certain proportion of construction financing;

    (B) according to the number of beds, occupancy, bed utilization, elderly care, apply to enjoy certain proportion of operational funding. Article 33rd social old-age welfare institution shall, in accordance with the Civil Affairs Department under the conditions and duration of funding application to civil affairs departments in the region. District departments in accordance with the conditions of grant to organisations at first instance, will be eligible to apply for material submitted to the public service.

    District Department of public service on a trial basis, review the application materials, in conjunction with the relevant departments to conduct on-site verification, eligible, referred to the financial sector, financial support.

    Supervision and administration of the fifth chapter 34th civil affairs departments should strengthen supervision and inspection of social old-age welfare institutions, organizations industry associations developing social old-age welfare institutions operating service examination and evaluation standards, operation of social old-age welfare institutions on a regular basis the inspection and evaluation service, and to the public inspection and evaluation results.

    Failed to pass the examination and evaluation of social old-age welfare agencies, the local Civil Affairs Department issued a rectification notice; if no rectification or improvement still unqualified after suspend its enjoy relevant preferential policies.

    Business sector should strengthening on profit sex social do pension welfare institutions operation service of supervision check; police sector should strengthening on social do pension welfare institutions fire and internal security of supervision check; prices sector should strengthening on social do pension welfare institutions price and charges of supervision check; health sector should strengthening on social do pension welfare institutions and established of medical institutions (containing rehabilitation medical institutions) of supervision check.

    Relevant departments should be established to monitor calls and announced to the public, processing complaints in a timely manner.

    35th national land planning, civil affairs departments should strengthen the social old-age welfare institutions such as site and facility use of supervision and inspection, without changing venues the nature and use of facilities, in accordance with the provisions of the relevant laws, rules and regulations.

    Article 36th social old-age welfare institution funded for the following scope and shall not be appropriated for other purposes:

    (A) the social old-age welfare institutions housing new (modified expansion) construction, maintenance and renovation and replacement of housing;

    (B) the social old-age welfare facilities and equipment purchase, update;

    (Iii) other beneficial projects to improve the living environment, improve the quality of life of older persons.

    Civil, financial, auditing departments should periodically social old-age welfare agencies use funding of conducting supervision and inspection. 37th district departments in accordance with State regulations on the social old-age welfare agencies within the jurisdiction of the social welfare institutions set up annual inspection certificate of approval.

    Does not meet the requirements of the law to order rectification, overdue correction or rectification is not qualified, not through the annual inspection and revocation of the certificate of the approval of the social welfare institutions, which belongs to the nonprofit by the Home Department shall revoke the certificate of registration of private non-enterprise units belonging to for-profit, transferred to the industrial and commercial sector according to law. Article 38th of negligently or there are significant security implications of social old-age welfare agencies, district authorities shall order the deadline closed for rectification to rehouse elderly people admitted to.

    Has not qualified the rectification, revoke the certificate of approval of the social welfare institutions, which belongs to the nonprofit by the Home Department shall revoke the certificate of registration of private non-enterprise units belonging to for-profit, transferred to the industrial and commercial sector according to law.

    39th home departments shall, as the social old-age welfare agencies providing the following services:

    (A) the publication of administrative examination and approval criteria and procedures, simplify the approval process, publish and update information for approval in a timely manner;

    (B) the establishment of old-age welfare agency electronic information systems, provide the appropriate information services;

    (C) periodic pension benefits sector surveys and statistics;

    (D) organizing expertise training pension and welfare institutions in China;

    (E) provide pension and welfare institutions professional guidance and services;

    (Vi) national, provincial and municipal regulations and other guidance services.
The sixth chapter legal liability

    40th in violation of these rules, laws, regulations, penalties, from its provisions not provided for, in accordance with the provisions of that approach.

    41st social old-age welfare agencies, one of the following acts, by district authorities revoked its certificate of approval of the social welfare institutions:

    (A) when applying for the certificate of approval of the social welfare institution conceals the true situation, and deception;

    (B) the lease or transfer the certificate of approval of the social welfare institutions;

    (C) unauthorized merger, separation, dissolution of the social old-age welfare institution or the change of name, address, legal representative, service, close, suspend the service without authorization;

    (D) unlawfully altering the use of services and facilities;

    (E) acts that violate the social welfare institutions set the other approval requirements.

    42nd social old-age welfare agencies, one of the following acts, terminated their eligibility for funding by the district authorities, and, where the disbursement of aid money be recovered:

    (A) receiving funding, closed the business for less than 3 years (force majeure);

    (B) when applying for funding, receiving and inspection, provided information and document fraud, obtaining financing;

    (C) altering the scope of business;

    (D) altering the charges;

    (E) the major accident occurred in those years;

    (F) there is a serious security risk, related departments issued rectification notices after refusing to corrective or corrective action failed. Article 43rd in violation of the rules of social old-age welfare operations of services without authorization, by the home authorities and the business sector in accordance with the unlicensed investigation against policy (the State Council order No. 370) provisions to deal with it.

    Involving violation of the provisions of the administration of registration of private non-enterprise units, by the Home Department of the interim regulations on the administration of registration of private non-enterprise units (the State Council order No. 251) provisions to deal with it.

    44th Civil Affairs Department and other administrative departments and their staff in the supervision of the social old-age welfare management neglect, abuse, deception, by their superiors or a supervisory agency ordered corrective action and directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws 45th these measures shall come into force on September 1, 2012.