LAW 1276 OF 2009

(January 5)

Official Journal No. 47,223 of 5 January 2009

CONGRESS OF THE REPUBLIC

Through which Law 687 is amended from August 15, 2001, and new criteria for comprehensive adult care in life centers are established.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. OBJECT. This law aims to protect the elderly (or older adults) from the levels I and II of Sisben, through the Life Centers, as institutions that contribute to providing comprehensive care to their families. needs and improve their quality of life.

ARTICLE 2o. ALCANCES. This law applies throughout the national territory; in the territorial entities of any level, that to date have implemented the collection of the stamp and are developing programs that provide the services mentioned in the present law. Additional resources generated under this law will be applied to the older adult programs, in the percentages set here.

ARTICLE 3o. Amend article 1or Law 687 of 2001, which will remain the same: Authorize the Departmental Assemblies and the District and Municipal Councils to issue a stamp, which will be called Estampilla for the welfare of the Adult General, as a resource of compulsory collection to contribute to the construction, installation, adaptation, endowment, operation and development of prevention and promotion programs of the Centers for the Welfare of the Elder and Life Centers for the Third Age, in each one of their respective territorial entities. The proceeds of these resources shall be allocated at least 70% for the financing of the Life Centres, in accordance with the definitions of this law; and the remaining 30%, for the provision and operation of the Elder Welfare Centres, without prejudice to any additional resources that may be managed through the private sector and international cooperation.

PARAGRAFO: the collection of the Stampilla of each Departmental Administration will be distributed in the districts and municipalities of its Jurisdiction in direct proportion to the number of Older Adults of the I and II levels of the sisben to be attended in the living centers and in the welfare centers of the elderly in the District or Municipal entities.

ARTICLE 4o. Modify the article 2or Law 687 of 2001, which will remain so: Article 2or. The annual value to be collected, by the issue of the stamp referred to in the preceding article, shall be at least, in the following percentages, according to the category of the territorial entity:

Special Category Departments and Municipalities and category 1o 2% of the value of all contracts and their additions.

Departments and Municipalities of 2a and 3a Categories: 3% of the value of all contracts and their additions.

Municipalities departments of 4a, 5a, and 6a, Categories: 4% of the value of all contracts and their additions.

ARTICLE 5o. Modify Article 4or Law 687 of 2001, which will remain so: The collection of the stamp will be applied, in its entirety, to the endowment and operation of the Centers of Welfare of the Elder and Life Centers for the Third Age, in their respective jurisdiction, in accordance with the definitions of this law.

ARTICLE 6o. BENEFICIARIES. They will be beneficiaries of the Life Centers, the higher adults of levels I and II of Sisben or those who according to socioeconomic evaluation, carried out by the expert professional, require this service to mitigate conditions of vulnerability, isolation, or lack of social support.

PARAGRAFO. The Life Centers will have the obligation to provide free care services to the indigent elderly, who do not necessarily stay in the centers, through which the support is guaranteed nutrition, educational, recreational, cultural and occupational activities and the other minimum services laid down in this law.

ARTICLE 7o. DEFINITIONS. For purposes of this law, the following definitions are adopted:

a) Center Life to the set of projects, procedures, protocols and physical, technical and administrative infrastructure aimed at providing comprehensive care, during the day, to the Older Adults, making a contribution that will impact their quality of life and well-being;

b) Older Adult. It is that person who counts sixty (60) years of age or more. At the discretion of the specialists of the life centers, a person may be classified within this range, being under 60 years of age and over 55, when their physical, vital and psychological conditions of wear and tear determine it;

c) Integral Attention. It is understood as Integral Care to the General Adult to the set of services offered to the General Adult, in the Life Center, oriented to guarantee the satisfaction of their needs for food, health, social interaction, sport, culture, recreation and productive activities, at least;

d) Primary Adult Care. A set of protocols and services offered to the older adult, in a Life Center, to ensure health promotion, disease prevention and timely referral to health services for early care and rehabilitation, when it is the case. The primary care project will be part of the services offered by the Centro Vida, without prejudice to the fact that these people may have access to the programs of this type offered by the health system insurers in force in Colombia.

e) Geriatrics. Medical specialty that is responsible for the therapeutic, clinical, social and preventive study of health and the disease of the elderly.

f) Gerontologist. 1 of Law 1655 of 2013. The new text is the following: > Professional health, titled of institutions of higher education duly accredited for this specific area of knowledge, which intervenes in the process of aging and old age of the human being as and as a collective, from a comprehensive perspective, with the goal of humanizing and dignifying the quality of life of the older adult population.

g) Gerontology. Interdisciplinary science that studies aging and old age taking into account biopsychosocial aspects (psychological, biological, social).

ARTICLE 8o. Modify Article 5or Law 687 of 2001, which will remain the same: Responsibility. The municipal or district mayor will be responsible for the development of the programs that will result from the application of the resources of the stamp and will delegate to the dependent to the management of the same, the execution of the projects that make up the Life Centers and will create all the information systems that will allow a complete follow-up to the management by these centers.

PARAGRAFO. The districts and municipalities will be able to enter into agreements with recognized entities for the management of the Vida Centers; however, they will have to provide the unit in charge of their administrative structure within their administrative structure. monitoring and control as a strategy of a public policy aimed at improving the living conditions of the elderly.

ARTICLE 9o. ADOPTION. In the Agreement of the Municipal or District Council, in which the creation of the stamp is established, the definitions of Life Centers, previously contemplated, will be adopted, establishing those services that at least ensure the target population, in accordance with the resources to be collected and the census of beneficiaries.

PARAGRAFO 1o. Through a wide call, the mayors will establish the beneficiary population, according to the parameters set out above, forming the initial database for the planning of the Center Vida.

PARAGRAFO 2o. According to the available resources and needs of the territorial entity, several Life Centers, strategically located on the municipal perimeter, can be established, operating at the network level, they can operate efficiently, reaching the target population with a minimum of displacements.

ARTICLE 10. CITIZEN VEEDURIA. The Groups of Older Adults organized and accredited in the territorial entity will be responsible for carrying out the oversight of the resources collected by way of the stamp that is established through the present law, as well as their destination and the functioning of the Life Centers.

ARTICLE 11. Modify article 6or Law 687 of 2001, which will remain so. Minimum services to be offered by the Life Center. Without prejudice to the ability of the entity to improve this minimum service basket, the Life Centers will offer the older adult the following:

1) Food that ensures the necessary intake, at the protein-caloric level and micronutrients that guarantee good health conditions for the elderly, according to the menus that in a special way for the requirements of this population, develop nutrition professionals.

2) Psychosocial Guidance. It preemptively borrows the entire target population, which aims to mitigate the effect of the behavioral pathologies that arise in the third age and the effects they lead to. He will be in charge of professionals in psychology and social work. Where necessary, older adults will be referred to social security entities for more specific care.

3) Primary Health Care. This will cover the promotion of healthy lifestyles, according to the characteristics of the elderly, prevention of diseases, timely detection of pathologies and referral to health services when this is required. Primary care is included, among others, of pathologies related to malnutrition, general medicine, geriatrics and dentistry, supported by the resources and actors of the Social Security in Health in force in Colombia, in terms of set the appropriate rules.

4) Health Assurance. It will be universal at all levels of complexity, including older adults within the priority groups that define social security in health, as beneficiaries of the subsidized regime.

5) Training in productive activities according to the talents, tastes and preferences of the beneficiary population.

6) Sport, culture and recreation, provided by trained people.

7) Intergenerational meetings, in agreement with the official educational institutions.

8) Promotion of the associative work of older adults for income attainment, when this is possible.

9) Promotion of the formation of networks for the permanent support of Older Adults.

10) Use of the Internet, with the support of the services offered by Compartel, as a national connectivity agency.

11) Auxiliary Exequal minimum of 1 monthly minimum wage in force, according to the economic possibilities of the territorial entity.

PARAGRAFO 1o. For the purpose of rationalizing costs and improving the quality and quantity of services offered, Life Centers may sign agreements with universities that have health sciences careers. (medicine, nursing, dentistry, nutrition, social work, psychology, therapies, among others); careers such as physical education, art; with the Sena and other training centers that are required.

PARAGRAFO 2o. In a term no longer than 2 months of this law, the Ministry of Social Protection shall establish the minimum essential requirements to be accredited by the Life Centers, as well as the rules for the subscription of teaching-care agreements.

ARTICLE 12. ORGANIZATION. The territorial entity will organize the Life Centers, in such a way as to ensure its functionality and interdisciplinary work according to the needs of the Older Adults; it will have at least the necessary human talent to attend the general direction and the areas of Food, Health, Sports and Recreation and Productive Leisure, guaranteeing the personnel who will be part of these areas to ensure high quality care and relevance to the Older Adults benefit, according to (the requirements set out for, the human talent of this type of centres, the Ministry of Social Protection.

ARTICLE 13. Life Centers will be financed with 70% of the collection from the municipal and departmental stamp established by this law; in the same way the territorial entity will be able to allocate to these ends, part of the resources that are established in Law 715 of 2001, Purpose of General Purpose and of its Own Resources, to support the operation of the Life Centers, which may have increasing and gradual coverage, in the measure in which resource sources are strengthened.

PARAGRAFO. The focus on the Life Centers, for the population of Levels I and II of Sisben, will be free; the Center will be able to manage international aid and cooperation in support of the elderly and set minimum rates when The socioeconomic situation of the older adult, with higher socioeconomic levels, so permits, according to the evaluation carried out by the Social Work professional. These resources can only be allocated to the strengthening of the Life Centers of the territorial entity.

ARTICLE 14. This law will make an integral part of the policies, plans, programs or projects that are developed in support of older adults in Colombia.

ARTICLE 15. This law governs from the date of its enactment and repeals the other laws, rules or regulations that are contrary to it.

The President of the honorable Senate of the Republic,

HERNAN ANDRADE SERRANO.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

GERMAN MALE COTRINO.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., a 5 de enero de 2009.

ALVARO URIBE VELEZ

The Minister of Social Protection,

DIEGO PALACIO BETANCOURT.