Suzhou Public Institutions Management

Original Language Title: 苏州市民办养老机构管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351844.shtml

Suzhou public institutions management

    (March 2, 2011 the Suzhou municipal government consideration at the 66th General Meeting March 16, 2011 118th Suzhou people's Government promulgated as of May 1, 2011) Chapter I General provisions

    The first to standardize the management of private pension institutions, maintaining the lawful rights and interests of the elderly and private pension institutions, promote the healthy and orderly development of pension services in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

Second private pension institutions within the administrative area of the city establishment, services and supervision, these measures shall apply.

Private pension institutions mentioned in these measures refers to countries organized by social organizations or individuals outside the Agency, living, living for the elderly care, rehabilitative care service agencies.

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

Article city and county-level cities, District Civil Affairs Department is responsible for the supervision and administration of private pension institutions within their respective administrative areas.

    Planning, finance, public security, health, human social, housing, land and resources, price, taxation, environmental protection, safety, and fire departments for industry and commerce in accordance with their respective responsibilities and good management of the supervision of private pension institutions.

IV socio-economic development and people's Governments at various levels shall, in accordance with local needs, making old-age care institutions development plan, and included in the overall plan for national economic and social development.

    Development plan shall reasonably determine pension institutions private pension institutions set size, layout, and direction. Fifth to encourage citizens, legal persons or other organizations to organize private pension institutions.

    Private pension institutions, Governments at all levels should give some preferential policies.

    Article sixth private pension institutions making outstanding contributions to the development of units and individuals, at all levels of people's Governments shall give commendations and rewards. Seventh private pension institutions can participate in the home service industry associations or established trade associations.

Industry associations should strengthen self-regulation and perform the following duties:

(A) private pension institutions established self-regulatory mechanisms, develop or participate in the formulation and implementation of the industry's rules about violations of the articles of association or rules about members, damage the industry as a whole, industry self-regulatory measures taken;

(B) to State organs reflect the advice of matters involving the interests of the industry, develop or participate in development planning, technical and service standards, organize private pension institutions grading services;

(C) developing industry, training and consultation to promote exchange and cooperation at home and abroad;

(D) coordinating or involved in the coordination of private pension institutions and disputes arising in the private pension institutions provide services;

(E) other industry self-regulation, coordination of services, and other activities.

    Civil affairs departments should support industry associations to carry out business activities and strengthen the operational guidance and supervision of the trade association.

    Chapter II establishment, modification and termination

Eighth to set up private pension institutions, shall comply with the pension Agency's development plan and meet the following conditions:

(A) the applicant is the unit shall satisfy the legal person or other organizations established according to law; the applicant is a citizen shall have full capacity for civil conduct;

(B) a sound institutional regulation and management system;

(C) there are legitimate and in accordance with the code for design of old-age care institutions and technical standards, in line with national standards for fire safety and sanitation and epidemic prevention services;

(D) elderly single room with an area of not less than 10 square metres, double room no less than 14 square meters, triple room not less than 18 m;

(E) the number of beds to more than 50;

(Vi) has basic rooms and indoor and outdoor venues, and the nature of the business, adapted to the context of life, rehabilitation, and medical facilities;

(VII) commensurate with the service managers, health professionals and service providers, the health technician shall meet the qualifications specified by the Department of health;

(H) services and to adapt to the size of the liquidity.

    Private pension institutions established within the medical institutions, medical institutions shall carry out the appropriate settings and approval procedures.

Nineth, shall be private pension institutions, applicants should apply in writing to the local county-level cities, district departments, and submit the following materials:

(A) application for planning and feasibility report;

(B) the qualifications of the applicant;

    (C) the proposed proof of private pension institutions legally to be new, shall be submitted within the administrative area of land, land planning department, planning approval. Article tenth County, district home departments shall, from the date of accepting an application for construction within the 15th review meets the requirements of private pension institutions to develop plans, issued the book of Suzhou social welfare service planning approval, and shall inform the establishment of conditions.

Does not meet the requirements of the Home Department shall inform the applicant in writing. Construction approval is valid for one year.

    Private pension institutions in preparing written reply within the period of validity of the book did not lead, should be in accordance with the planning approval procedure again for start-up procedures.

11th before the open private pension institutions, should be presented to the county-level cities, district departments, where practice application, and submit the following materials:

(A) business applications;

(B) the places of legal documents;

(C) medical facilities of proof;

(D) agency regulations and management systems;

(E) managers, staff list and copy of valid documents, staff should comply with the relevant health standards specified by the Department;

(F) its content and scale of service proof of liquidity;

    (VII) proof of acceptance of the construction unit, the verification documents issued by departments such as the fire, epidemic prevention, environmental impact assessment documents issued by the Environmental Protection Department for approval. 12th date of the Home Department shall accept applications for approval a written review in the 30th and on-site inspection. Comply with the established requirements and issue the certificate of approval of the social welfare institutions.

Does not comply with the established requirements, should be put forward rectification opinions, inform the applicant in writing; after the corrective action is still not in conformity with the provisions and shall not be granted to the certificate of approval of the social welfare institution.

    Approved by the health Administrative Department agreed to establish rehabilitation nursing homes, hospitals, such as obtaining the certificate of approval of the social welfare institutions, to county-level cities, district departments, where to apply, and submitted to the 11th related material under these measures.

13th private pension institutions according to the nature, registration formalities according to law, and to the Inland Revenue Department to handle tax registration:

(A) in accordance with the management of private non-enterprise units, to the local Civil Affairs Department to handle registration of private non-enterprise units;

    (B) in accordance with the management, to register with the local departments for industry and commerce enterprises.

    Article 14th private pension institutions Division, merger or dissolution or change of name, address, legal representative, scope of services, to the registration departments shall, in accordance with the relevant provisions of relevant formalities. Section 15th private pension institutions for business or other reasons, need to disband, in disbanding 3 months before reporting to the civil administration, appropriate arrangements for the service object.

Civil affairs departments should assist in placement, and strengthen supervision.

    When he accepted the dissolution of the Government-subsidized private pension institutions, should be guided by the civil affairs departments and units to carry out the liquidation.

    16th private pension institutions register, shall disclose the private pension institutions established, changes, and other related information.

    Chapter services and management

    17th private pension institutions shall implement the relevant provisions on administration of social welfare institutions in accordance with the approved scope of services, establish and perfect rules and regulations, clear job specification, service standards, and to the public.

18th private pension institutions to carry out services should comply with the following provisions:

(A) according to the client's abilities and care levels, carrying out grading nursing service;

(B) proportion of nurses with their clients as well as to meet the requirements, service objects capable of taking care of, featuring no less than 1:10; needs half of nursing, equipped with no less than 1:5; needs total care, featuring no less than 1:3;

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

(Iv) characteristics suitable for the elderly, rehabilitation, cultural and sports activities; (E) establish a disease prevention system.

For clients to establish health records, regular checkups; the elderly staying in the after-effects of infectious diseases and mental illness, and shall promptly report to the relevant departments, to take the necessary measures and inform their guardian transferred to 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 to maintain clean indoor and outdoor.

    19th private pension institutions should treat elderly people admitted, without discrimination, maltreatment and abandonment Services object.

    Article 20th elderly staying at private pension institutions shall comply with the pension agency management system. Article 21st private pension institutions shall, in accordance with the infrastructure equipment, nursing, management, service quality levels independently determine fees and report the home, price departments.

Private pension institutions charge should use the appropriate instruments, and standard fees and charges shall be made public, the implementation of price, subject to public supervision. Private pension institutions established in medical institutions in medical services, implementing relevant provisions of medical service price management, fees imposed prices.

Belongs to the nonprofit medical bodies, their fees and prices of medical services, and standards for the implementation of the Jiangsu Province, and related regulations, the implementation of the toll license management.

    Private pension institutions shall on a monthly service fee.

    22nd private pension institutions shall sign service agreements with the client or his guardian, specify rights and duties of both parties.

    Article 23rd private pension institutions shall enter into labor contracts with staff, payment of social insurance premiums in accordance with law, protect the legitimate rights and interests of staff.

    24th private pension institutions should organize regular staff education and professional training, improving staff quality and professional skills.

    25th private pension institutions should regularly check for the use of facilities and equipment, ensure the security of facilities and equipment.
The fourth chapter policy support

    26th people's Governments at all levels and the departments concerned should give policy support to private pension institutions.

Private pension institutions on private non-enterprise quality bed construction, operation subsidies; financing the participation of non-governmental pension institutions pension hostels comprehensive liability insurance.

    Encourage and support citizens, legal persons or other organizations to private pension institutions contributions, donations or provide free services.

27th in line with pension institutions development program, made of the Suzhou social welfare service organizations to build the approved private pension institutions construction land, meet the conditions for transfer can be achieved through the allocation of State-owned land use right in accordance with provisions of laws and regulations, should be achieved through the transfer of State-owned land, the departments concerned should be by agreement, tender or auction for.

    Encourage use of idle industrial premises according to law or private pension institutions of other buildings.

    28th private pension institutions use water, electricity, gas, telephone, Internet fees, according to resident life (residential) class standard.

    Article 29th eligible private pension institutions of minors shall enjoy tax breaks.

Article 30th private pension institutions established in medical institutions, in line with the basic conditions of fixed-point medical institutions of health care insurance, through Social Welfare Department, can be used as designated medical institutions.

    Rehabilitation nursing homes, hospitals and private pension institutions within the health care sector employment health staff, in areas such as scientific research projects, continuing education, technical post title assessment enjoy equal treatment with the health staff in public medical institutions. 31st in the private pension sector the employment registration certificate of the city people, for which the Government provided free old-age nursing related vocational skills training, training by professional skills identification issue appropriate professional qualification certificates.

    Persons employed in the private pension institutions for people with employment difficulties that have been identified, in accordance with the provisions of social security benefits and other employment support policies.

    Fifth chapter of supervision and inspection Article 32nd County, district departments should strengthen supervision and management of private pension institutions.

    Civil Affairs, society, health, finance, prices, public security, safety and fire protection departments, private pension institutions would be regular sites, facilities, equipment, staff, quality of service, supervise and inspect the conditions of health, security, and check the results to the public.

Article 33rd private pension institutions to implement credit management system. County-level city, District Civil Affairs Department for private pension institutions within their respective jurisdictions to establish credit files.

    Private pension institutions, recognition of inspection, evaluation, complaints shall be promptly recorded in the credit file. Article 34th private pension institutions carry out evaluation system.

Specific evaluation method developed by the public service.

Private pension institutions of evaluation should be combined with grading service of private pension institutions.

Private pension institutions should be based on the appraisal of private pension institutions serving size, quality and client satisfaction, comprehensive evaluation, and performance to deliver policy-related subsidies.

    Private pension institutions failed to pass the examination, the local county-level cities, District Civil Affairs Department issued a rectification notice; still unqualified after overdue rectification or modification, pause to enjoy the preferential policies.

    Chapter Sixth penalty

    35th private pension institutions acts in violation of these rules, laws, rules and regulations on penalties from its provisions.

Article 36th private pension institutions, one of the following acts, no longer enjoy relevant preferential policies and costs associated with recovery of relief by the relevant authorities:

(A) the main site of unauthorized changes or major facilities;

(B) the violation of private pension institutions working standards and service standards, against clients legal rights service complaints and verified 3 times (or more);

(C) when accidents occurred, causing bad social influence;

(D) there is a serious security risk, related departments issued rectification notices after refusing to fail to pass the correction or rectification;

(E) other violations of laws, rules and regulations.

    Operating time of less than 10 years people-nature of enterprise: private pension institutions is dissolved or changing the nature of enterprise: private pension institutions, civil affairs departments should recover the private pension institutions bed construction subsidies.

37th private pension institutions is one of the following acts, the competent municipal and district authorities a rectification, it fails, fined 2000 Yuan and 10000 Yuan fines; the circumstances are serious, punishable by more than 10000 30000 Yuan following a fine:

(A) failing to perform their set up, change and termination procedures;

(B) without changing the main venues, main facilities;

(C) proportion of nurses with their clients as well as failure to achieve these measures;

(D) failing to sign a service agreement with the service object;

    (E) violation of private pension institutions work specifications or standards, legal rights against clients or discrimination, abuse, abandonment of the elderly.

    Article 38th Department of Civil Affairs and other administrative organs and their staff in the supervision and administration of private pension institutions in neglect, abuse, deception, by their work units or higher authorities ordered corrective action and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws 39th article of the measures implemented from May 1, 2011.