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Changing The Laws In Connection With The Adoption Of The Social Services.

Original Language Title: změna zákonů v souvislosti s přijetím z. o sociálních službách

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109/2006 Sb.



LAW



of 14 July 1999. March 2006,



amending certain laws in connection with the adoption of the law on

social services



Change: 329/2011 Sb.



Change: 375/2007 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



cancelled



Article. (I)



cancelled



Article II



cancelled



PART TWO



cancelled



Article. (III)



cancelled



PART THREE



Amendment to the Trade Licensing Act



Article IV



In section 3, paragraph 3. 3 of Act No. 455/1991 Coll., on trades

(Trade Act), as amended by Act No. 283/1995 Coll., Act No.

147/1996 Coll., Act No. 19/1997 Coll., Act No. 49/1997 Coll., Act No.

217/1997 Coll., Act No. 15/1998 Coll., Act No. 167/1998 Coll., Act No.

360/1999 Coll., Act No. 363/1999 Coll., Act No. 257/2001 Coll., Act No.

281/2002 Coll., Act No. 161/2003 Coll., Act No. 38/2004 Coll., Act No.

167/2004 Coll., Act No. 256/2004 Coll., Act No. 499/2004 Coll., Act No.

127/2005 Coll. and Act No. 253/2005 Coll., on the end of the letter FA) dot

be replaced by a comma and the following letter ag), including notes below

line no. 23 p is:



"ag) provide social services, according to a special legal

prescription ^ 23 p).



23 p) Act No. 108/2006 Coll., on social services. ".



PART FOUR



Amendment of the Act on the Organization and implementation of social security



Article. In



Act No. 582/1991 Coll., on the Organization and implementation of social security,

as amended by Act No. 586/1992 Coll., Act No. 38/1993 Coll., Act No.

160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.

118/1995 Coll., Act No. 160/1995 Coll., Act No. 138/1997 Coll., Act No.

306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.

356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.

29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.

155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.

238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.

116/2001 Coll., the Act No. 353/2001 Coll., Act No. 151/2002 Coll., Act No.

263/2002 Coll., Act No. 265/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., Act No. 519/2002 Coll., Act No. 361/2003 Coll., Act No.

424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003 Coll., Act No.

53/2004 Coll., Act No. 167/2004 Coll., Act No. 283/2004 Coll., Act No.

359/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act No.

168/2005 Coll., Act No. 361/2005 Coll., Act No. 381/2005 Coll., Act No.

413/2005 Coll., Act No. 24/2006 Coll., Act No. 70/2006 Coll. and Act No.

81/2006, is amended as follows:



1. In paragraph 2 (a). (b)), the words "and increase income for impotence belonging

According to the law on social security accessories4) ", including footnote # 4

shall be deleted.



2. In section 4, paragraph 4. 2, the comma after the word "insurance" shall be replaced by the word "and" and

the words "physician of the District Social Security Administration" shall be replaced by

"the Labour Office in accordance with special laws, předpisů46)".



Footnote No 46 is added:



"46) Act No. 117/1995 Coll., on State social assistance, as amended by

amended.



Act No. 111/2006 Coll. on assistance in material need.



Law No. 108/2006 Coll., on social services.



Act No. 114/1988 Coll., on the scope of the authorities of the Czech Republic in the social

security, as amended.



Act No. 435/2004 Coll., on employment, as subsequently amended. ".



3. In section 6 (1). 4 (b). and) paragraph 11, the words "within four years,"

the words ", if the period of custody of the child after 31 December 2006. December 1995, and about the time

and the range "and at the end the words" until 31 December 2007. December 2006 ".



4. In article 6 (1). 4 (b). and paragraph 12) including footnote # 52b:



"12. the time and extent of care carers personally on the person who is

under special legislation ^ 52b) dependent on the care of another person in

stage II (moderate dependency) or level III (severe dependence)

or stage IV (full dependency), if it is a period of time this person after care

December 31, 2006.



52b) section 8 of Act No. 108/2006 Sb. ".



5. In article 6 (1). 4 (b). and point 19) including a note after footnote # 52a

repealed.



6. In section 8 paragraph 1. 1 introductory part of the provisions, the words "State social

aid, assistance in material need and social welfare ' shall be deleted.



7. In § 8 para. 1, point (b)), and (d)) to (i)) shall be deleted.



Subparagraph (c)) shall become point (b)).



8. In paragraph 8, the following paragraph 10 is added:



"(10) the District Social Security Administration will send the Labour Office within 7 days

a copy of the report issued under section 8 (2). 1, if the Labour Office shall request

because of the findings of the health state of a natural person for the purposes of social

care, the State social support, assessment of the degree of dependence on the care of another

the person or persons disabled assessment. ".



9. In paragraph 12 (d)) shall be deleted.



Subparagraph (e)), and (f)) shall become points (d) and (e)).)



10. In article 16(1). 1 the first sentence, after the words "social

the security of "the words" and for the purpose of the appeal proceedings the administrative

under special legislation (section 4 (2)) ", the words" the dose

social security "shall be replaced by the words" in those proceedings "and the word

"eight" are replaced by "15".



11. In article 16(1). 1, the second and third sentence shall be deleted.



12. In article 16a, paragraph 2. 1 the words "the basic rules of administrative activities

the authorities "are replaced by" the provisions of the basic principles of activity

the administrative authorities, the provisions on the file ".



13. In article 16a shall be inserted after paragraph 2, a new paragraph 3 is added:



"(3) the President of the IRC is entitled to challenge the physical person whose

health status is assessed for the purposes of the issuing of an opinion under section 4 (4). 2,

in order to



and underwent an examination) in your health doctors Medical Commission,



(b) have undergone examination) in your health in a specified health

device or other vocational examination, or



(c) other assistance) provided that it is necessary for the submission of the report; This

the person is required to meet the challenge. "



The former paragraph 3 shall become paragraph 4.



14. section 16b is repealed.



15. § 48 para. 1 (b). e), the words "and in the care of a close

or any other person "be deleted.



16. in § 53 para. 2, the words "and the citizen which is recognized as the person disabled

disadvantaged or citizen who seeks recognition as the person disabled

disadvantaged "are deleted.



17. in § 89 paragraph 1. 1 the words "and increase income for impotence" are deleted.



18. In article 89, paragraph 4 shall be deleted.



The present paragraph 5 shall become paragraph 4.



19. in § 89 paragraph 1. 4 in the introductory part, the words ' provisions and pension

Security "shall be deleted.



20. In paragraph 107, the words "and increase income for impotence" are deleted.



21. in section 116 paragraph. 1, the second sentence shall be deleted.



22. In Article 118a, paragraph 5 shall be deleted.



23. section 125 is hereby repealed.



Čl.VI



Transitional provisions



1. Assessment of the health condition pursuant to § 8 para. 1 (b). e) and g) to (i))

Law No. 582/1991 Coll., on the Organization and implementation of social

security, in the version in force before 1 January 1998. in July 2006, opened before

that date shall be completed according to the existing legislation.



2. Assessment of the helplessness and whether it is a child suffers a disability

with disabilities requiring special care commenced before 1. January 2007

completes in accordance with the existing legislation.



3. the procedure for the recognition of a person physically disadvantaged and

Finally the unfinished before 1 May 2004. July 2006, has

the existing legislation.



4. The District Social Security Administration shall send free of charge to the competent

to the employment



and) on 1 January. July 2006, copies of the reports processed under § 8 para. 1

(a). e) and g) to (i)) of Act No. 582/1991 Coll., on the Organization and implementation of

social security, in the version in force before 1 January 1998. in July 2006,



(b)) on 1 January. January 2007, a copy of the reports processed under § 8 para. 1

(a). b) and d) of Act No. 582/1991 Coll., on the Organization and implementation of

social security, in the version in force before 1 January 1998. July 2006.



5. The District Social Security Administration shall be considered, for the purposes of the pension

insurance under the existing legislation, and whether it is the helplessness of

in the long term the seriously disabled child requiring extraordinary care,

in the case of time before 1. January 2007.



6. the exercise of the rights and obligations of labor relations of employees in

The Czech social security administration, to whose work duties include

assessment of the health status for the purposes of State social support,

social welfare and employment and the performance of related activities,

passes on 1 July. July 2006 of the Czech social security administration on

labour offices and the Ministry of labour and Social Affairs (hereinafter referred to as

"the Ministry"). Czech Social Security Administration agrees with the

an employee in the Czech social security administration under the first sentence,

whether the exercise of its rights and obligations under the labor relations goes on

Bureau of labor and employment office or whether the exercise of these rights and goes

obligations to the Ministry.



7. the Czech social security administration on the basis of the agreement referred to in paragraph

6 performs the reallocation of staff within the Czech social security administration

the labour offices and the Ministry. Such limitation is

binding.




8. In the absence of the agreement referred to in paragraph 6, by 31 March. in May 2006,

counts and rules of delimitation of employees in the Czech administration

social security and the Ministry of labour offices to design

the Director of the Czech social security administration Ministry.



PART FIVE



Amendment of the Act on income taxes



Article. (VII)



Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993

Coll., Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993

Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994

Coll., Act No. 114/1994 Coll., Act No. 266/1994 Coll., Act No. 32/1995

Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995

Coll., Act No. 247/1995 Coll., Act No. 314/1996 Coll., Act No. 18/1997

Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 209/1997

Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 148/1998

Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999

Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 169/1999

Coll., Act No. 222/1999 Coll., the Constitutional Court declared under no.

3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.

72/2000 Coll., Act No. 100/2000 Coll., Act No. 101/2000 Coll., Act No.

121/2000 Coll., Act No. 132/2000 Coll., Act No. 242/2000 Coll., Act No.

340/2000 Coll., Act No. 492/2000 Coll., Act No. 115/2001 Coll., Act No.

120/2001 Coll., Act No. 239/2001 Coll., Act No. 452/2001 Coll., Act No.

483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.

198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.

309/2002 Coll., Act No. 575/2002 Coll., Act No. 161/2003 Coll., Act No.

362/2003 Coll., Act No. 441/2003 Coll., Act No. 19/2004 Coll., Act No.

47/2004 Coll., Act No. 49/2004 Coll., Act No. 256/2004 Coll., Act No.

280/2004 Coll., Act No. 359/2004 Coll., Act No. 360/2004 Coll., Act No.

436/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll., Act No.

669/2004 Coll., Act No. 676/2004 Coll., Act No. 179/2005 Coll., Act No.

217/2005 Coll., Act No. 340/2005 Coll., Act No. 361/2005 Coll., Act No.

441/2005 Coll., Act No. 530/2005 Coll., Act No. 545/2005 Coll., Act No.

552/2005 Coll., Act No. 56/2006 Coll. and Act No. 57/2006, is amended

as follows:



1. In section 4, paragraph 4. 1 (b). I), the words "and social care services," are replaced by

the words "social care, social services,".



2. In section 35ba paragraph. 1 (b). (b) the second sentence, the words) "does not include an increase in

retirement for impotence, the benefits of State social support, benefits and services

social care "shall be replaced by" does not include benefits of State social

support, the benefits of social care, care allowance, social services ".



PART SIX



Amendment of the Act on State social support



Article. (VIII)



In section 30 of Act No. 117/1995 Coll., on State social assistance, as amended by

Act No. 242/1997 Coll., Act No. 155/2000 Coll., Act No. 492/2000 Coll.

Act No. 273/2001 Coll., Act No. 320/2002 Coll., Act No. 125/2003 Coll.

law no 453/2003 Coll. and Act No 204/2005 Coll., the following paragraph

7, which reads as follows:



"(7) the parental allowance if the child's parents do not belong to that

cares, was under special legislation granted a contribution to

care of according to class II (moderate dependency) or grade III

(heavy dependency), or stage IV (full dependency). ".



PART SEVEN



Amendment of the Act on pension insurance



Article. (IX)



Act No. 155/1995 Coll., on pension insurance, as amended by Act No.

134/1997 Coll., Act No. 289/1997 Coll., Act No. 220/1999 Coll., Act No.

18/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll., Act No.

220/2000 Coll., Act No. 115/2001 Coll., Act No. 185/2001 Coll., Act No.

353/2001 Coll., Act No. 198/2002 Coll., Act No. 261/2002 Coll., Act No.

264/2002 Coll., Act No. 361/2003 Coll., Act No. 424/2003 Coll., Act No.

425/2003 Coll., Act No. 85/2004 Coll., Act No. 283/2004 Coll., Act No.

359/2004 Coll., Act No. 435/2004 Coll., Act No. 561/2004 Coll., Act No.

168/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005 Coll. and act

No 24/2006 Coll., is amended as follows:



1. in § 5 para. 1 (b). r), the words "or about a child under the age of 18 years,

If in the long term the seriously disabled, requiring extra care "

shall be deleted.



2. in § 5 para. 1 letter s) including footnote # 5 c and 5 d is added:



"with) those working personally on a person who is dependent on the care of another person

in Tier II (moderate dependency) or level III (severe

dependency) or stage IV (full dependency) ^ 5 c), if they live together in the

Home ^ 5 d); the condition of the household is requested, if it is a close

person,



5 c) section 8 of Act No. 108/2006 Coll., on social services.



5 d) section 115 of the civil code. ".



3. § 9 para. 6 (a). (c)), the words "or to a post in the care of

nearby, or another person, ^ 15 c) "shall be replaced by the words" or personally on the

a person who is dependent on the care of another person in stage II (moderate

dependency) or level III (severe dependence) or stage IV (full

dependency) ^ 5 c), "and footnote # 15 c shall be deleted.



4. in § 14 para. 2 the second sentence, the words "a helpless person ' shall be deleted.



5. § 50 para. 2 (b)), and (c)):



"(b)) takes care of a child who is dependent on the care of another person in stage II

(moderate dependency) or level III (severe dependence) or

stage IV (full dependency) ^ 5 c),



(c)) takes care of their parents or the parents of the deceased husband, who lives with her

in the home and is dependent on the care of another person in stage II (medium

heavy dependency) or level III (severe dependence) or stage IV

(total dependence) ^ 5 c) ".



6. in paragraph 102, the following new section 102a is added:



"section 102a



Participation of the person taking care of a child under the age of 18 years, that is a long

seriously disabled, requiring extraordinary care and carers

personally about mostly or completely incapacitated person or partially incapacitated

person over 80 years of age, if they live together in the home, on retirement

Insurance 1. January 2007 will be assessed according to the law

in force before that date. ".



7. In § 108 paragraph. 1, letter a) is repealed.



Subparagraph (b)) to e) shall become letters and) to (d)).



Article. X



Transitional provisions



1. the right to a widow's and widower's pension for a period of 1. January 2007 on

the request applied after 31 December 2005. December 2006 shall be assessed according to the

the existing legislation.



2. Poživatelům're talking widow pensions, widows ' and who after 31 December 2006. December

2006 to fulfil the conditions of claims for payment of these pensions, belongs to these

pensions pension payable when the instalment for the last time in December 2006.



PART EIGHT



Amendment of the Act on public health insurance and amending and supplementing

some related laws



Article. XI



Act No. 48/1997 Coll., on public health insurance and amending and

certain related laws, as amended by Act No. 242/1997

Coll., Act No. 2/1998 Coll., Act No. 125/1998 Coll., Act No. 225/1999

Coll., Act No. 363/1999 Coll., Act No. 18/2000 Coll., Act No. 132/2000

Coll., Act No. 155/2000 Coll., the Constitutional Court declared under no.

167/2000 Coll., Act No. 220/2000 Coll., Act No. 258/2000 Coll., Act No.

458/2000 Coll., Act No. 176/2002 Coll., Act No. 198/2002 Coll., Act No.

285/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll., Act No.

222/2003 Coll., Act No. 274/2003 Coll., Act No. 361/2003 Coll., Act No.

424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003 Coll., Act No.

85/2004 Coll., Act No. 359/2004 Coll., Act No. 422/2004 Coll., Act No.

436/2004 Coll., Act No. 435/2004 Coll., Act No. 127/2005 Coll., Act No.

168/2005 Coll., Act No. 251/2005 Coll., Act No. 350/2005 Coll., Act No.

361/2005 Coll. and Act No. 47/2006, is amended as follows:



1. In article 7 (2). 1 the letter g) including footnote No 11:



"(g)) persons that are dependent on the care of another person in stage II (medium

heavy dependency) or level III (severe dependence) or stage IV

(total dependence) ^ 11), and persons taking care of these people,



11) section 8 of Act No. 108/2006 Coll., on social services. ".



2. in paragraph 17, the following new section 17a, including footnote No. 28a

added:



"§ 17a



To ensure that contributions in kind in the provision of nursing and

rehabilitation health care insurance policy holders placed in establishments

social services pobytovými services concluded with General health

insurance company of the United States and other health insurance companies set up under the

a special law ^ 28) specific contracts with these devices, the social

services. Appropriate health insurance special contract, if

This social service requests, and at the same time proves that the

nursing and rehabilitative health care will be provided

medical social service workers, who are

eligible for the medical profession under special laws

regulations ^ 28a).



28A) Law No 96/2004 Coll., on conditions for the acquisition and recognition

competence for the exercise of paramedical professions and to the exercise

activities related to the provision of health care and amending


certain related laws (the law on the paramedical

occupations), as amended by Act No. 127/2005 Coll. ".



3. in paragraph 22 (d)):



"(d)) of health care in social service facilities".



4. in paragraph 22 of the dot for the letter d) is replaced by a comma and the following

the letter e), which reads as follows:



"e) nursing and rehabilitative health care provided to

the basis of the Office of the attending physician to the insured placed in establishments

social services the competent employees of these establishments,

If these devices have concluded a specific agreement with the

health insurance under § 17a. ".



PART NINE



cancelled



Article. (XII)



cancelled



PART TEN



Amendment of the law on imprisonment and amendment to certain

related laws



Article. XIII



In section 20 (2). 9 of Act No. 169/1999 Coll., on the imprisonment and

amending some related laws, as amended by Act No. 52/2004 Coll.

the words "the competent authorities of social zabezpečení9) provide

the inmates are social care services "shall be replaced by the words" municipal authorities of municipalities with

extended powers to provide prisoners with social služby9) ".



Footnote 9 is added:



"9) Act No. 108/2006 Coll., on social services.".



PART ELEVEN



Amendment of the Act on the protection of personal data and on amendments to certain laws



Article. XIV



In section 9 (a). f) of Act No. 101/2000 Coll., on the protection of personal data and on the

amendments to certain laws, as amended by law No. 177/2001 Coll. and Act No.

439/2004 Coll., the words ' the State social benefits, "the words

"social services".



PART TWELVE



Amendment of the Act on the capital city of Prague



Article. XV



In § 18 para. 1 (b). c) of Act No. 130/2000 Coll., on the capital city of Prague,

as amended by law no 145/2001 Coll., the words "social care services"

replaced by the words "social services".



PART THIRTEEN



Amendment of the Act on the promotion of regional development



Article. XVI



In paragraph 3 (b). h) of Act No. 248/2000 Coll., on the promotion of regional development,

the words "social welfare services and social assistance" shall be replaced by

"social services".



PART OF THE FOURTEENTH



Amendment to the law on value added tax



Article. XVII



Act No. 235/2004 Coll., on value added tax, as amended by Act No.

635/2004 Coll., Act No. 669/2004 Coll., Act No. 127/2005 Coll., Act No.

215/2005 Coll., Act No. 217/2005 Coll., Act No. 377/2005 Coll., Act No.

441/2005 Coll. and Act No. 545/2005 Coll., is amended as follows:



1. § 59 including title and footnote No 47 reads as follows:



"section 59



Social assistance



Social assistance services for the purposes of this Act, the social

services under a special legal regulation ^ 47) provided by

by public bodies or other legal entities, which have not been

based or established for the purpose of business.



47) Act No. 108/2006 Coll., on social services. ".



2. In section 113 at the end of subparagraph (a)) the comma is replaced by a dot, the letter b)

be deleted and at the same time marking (a) is deleted).



PART FIFTEEN



Amendment to the Employment Act



Article. XVIII



Act No. 435/2004 Coll., on employment, as amended by law No 168/2005

Coll., Act No. 202/2005 Coll., Act No. 251/2005 Coll., Act No. 350/2005

Coll., Act No. 382/2005 Coll., Act No. 413/2005 Coll., Act No. 428/2005

Coll., Act No 444/2005 Coll. and Act No. 495/2005 is amended as follows:



1. In article 7 (2). 3, after the words "exercised," the words "or

resident natural persons whose state of health of the Employment Office assesses ".



2. In section 8 paragraph 1. 1, the letter l) the following new letters m) and (n)), which

shall be added:



"m) assesses and decides whether the person physically disadvantaged [§ 67

paragraph. 2 (a). (c))], and, in the cases referred to in § 9 para. 7 that

a natural person is not considered a person physically disadvantaged,



n) assesses for the purposes of the granting of benefits or benefits under

specific legislation



1. long-term adverse health condition of the child,



2. If a natural person may be increased due to their health condition

the living standards of their own work,



3. whether it concerns a natural person badly disabled and the nature and degree of

This disability for the purposes of benefits, contribution to the adaptation of the dwelling

payment of barrier-free apartment or garage, purchase, repair and adjustment

motor vehicle and individual transport allowance,



4. whether it is for the purposes of State social support benefits of natural person

suffers a disabled, long term disability

or a child long-term patients,



5. the degree of dependence of a natural person for the purposes of contribution to care ".



Letter m) is referred to as the letter o).



3. Title V of part one, including title and footnotes 14 and

14A is inserted:



"Head In The



Assessment of the health status of individuals and synergy medical

the device in the assessment of the health status of individuals



§ 9



(1) when assessing the State of health for the purpose of a decision under section 8

paragraph. 1 (b). m) and for the assessment under section 8 (2). 1 (b). n) is based on

the Labour Office of the documents drawn up by a doctor designated by the employment office.



(2) the examination pursuant to section 8 (2). 1 (b). (n)) shall be carried out on the basis of the request

administrative authority, who leads the proceedings for the purposes of the opinion required

or if it finds a doctor designated by the Labour Office or the Ministry of posudkově

relevant facts which justify the making of the original checks

assessment.



(3) the work shall be entitled to call upon the physical person whose state of health

is assessed for the purposes of assessment under section 8 (2). 1 (b). n) to



and undergoing tests) in your health by a doctor designated by the

the Labour Office,



(b)), as requested by a doctor designated by the employment office underwent examination

your health in a medical facility or other vocational

examination, or



(c) other assistance) provided that it is necessary for the submission of the report; This

the individual is required to meet the challenge.



(4) where the natural person referred to in paragraph 3 of the examination

the State of health in accordance with paragraph 3 (b). a) or b) or refuses to

to provide assistance in accordance with paragraph 3 (b). (c)), the Office shall communicate the work of the

the fact of the administrative authority, which keeps the proceedings for the purposes of the

opinion requested.



(5) the provisions of paragraph 3 shall apply mutatis mutandis for the physical person whose

health is considered in the proceedings, whether the person is disabled

disadvantaged, and for a physical person, which has been recognized disabled

disadvantaged, in the cases of checks of the original assessment.



(6) If a natural person whose state of health is assessed in

control whether a person is medically disadvantaged, for further examination

health status, although it was invited to this examination may be

proceedings until such time as when the natural person this examination

If it has been subjected to in the call to this effect has been advised. It took a

the stay of proceedings under the first sentence of at least 12 months, you can control

stop.



(7) If a natural person, that the person has been recognised disabled

disadvantaged, shall impose the health status or other

vocational examinations, not from the date specified in the decision of the authority

work for a person disabled the disadvantaged; the condition, however, is that this

the possibility of this person or his legal guardian is notified.



§ 9a



(1) The procedure for the issuing of an opinion under section 8 (2). 1 (b). n)

not covered by the administrative code, with the exception of the provisions on the fundamental principles

the activities of the administrative authorities, the provisions on the exclusion from the hearing and

deciding the case and the provisions on the file.



(2) the time limit for issuing an opinion pursuant to section 8 (2). 1 (b). (n)) shall be 30

calendar days, unless otherwise specified by the authority which asked for the assessment period

longer. Does the issuing of an opinion within the time limit under the first sentence of severe

reasons, the Office shall communicate the grounds immediately to the labour authority

the assessment asked; in these cases, the period referred to in the first sentence,

be extended up to 30 calendar days, unless the authority of the

asked another assessment period.



(3) the Labour Office shall send the authority to issue an opinion pursuant to section 8 (2). 1

(a). n) asked, only those parts of the opinion, which do not contain information about the

health of the individuals under consideration.



(4) the authority shall forward the work of the District Social Security Administration within 7 days

a copy of the report made out under section 8 (2). 1 (b). n), if this

management of requests because of the findings of the health status of the physical person for

the purpose of the pension and sickness insurance.



§ 9b



(1) a medical device shall, on request, against payment of the Labour Office

or the doctor designated by the employment office



and) to perform the health status of individuals,



(b) the medical documents in) to process the requested range, they may need to

assessment of the health status of individuals.



(2) a medical device shall, without charge, the doctor referred to in

paragraph 1, at its request, to communicate the information needed to assess

the State of health, to enable the inspection of the medical records and to

time necessary for lease medical documentation to the extent

required for the assessment of the health status of individuals.



(3) medical devices fulfils the obligations under paragraphs 1 and 2 within the time limit


intended employment office or a physician referred to in paragraph 1 and, where this is not

the time limit is specified, within 15 calendar days from the date on which it received the application.



(4) the amount of remuneration for the performance in accordance with paragraph 1 shall be governed by a list of health

performances with spot values ^ 14) and by a special legislation ^ 14a).

Payment shall provide the competent authority of the work, that the implementation of the performance

requested, on the basis of the Bill submitted by the medical

device. This applies mutatis mutandis to the reimbursement of postage for sending

the medical records referred to in paragraph 2.



14) Decree No. 134/1998 Coll. issuing the list of health

performances with spot values, as amended.



14A) Act No. 526/1990 Coll., on prices, as amended. ".



4. In section 67 para. 2 (a). (c)), the words "a social security body"

replaced by the words "Labour Office".



5. In section 67 para. 5 after the word "persons" shall be replaced by the

paragraph 2 (a). a) and b), "and at the end of the paragraph, the following sentence

"The fact that it is a person with a disability pursuant to paragraph 2

(a). (c)), evidenced by a natural person the Office decision work. ".



6. In § 139 paragraph 2. 5 c) and (d)):



"(c)) referred to in paragraph 1 (b). (d) impose a fine to a), can be 5 000,-



(d) under paragraph 2 (b)). (c)), and (d)), you can impose a fine up to Czk 500 000, ".



7. In paragraph 140, after paragraph 2 the following paragraph 3 is added:



"(3) the Medical device is guilty of an administrative offense, by



a) does not make the health status under section 9b paragraph 1. 1 (b). and)

or does not, within the period referred to in section 9b paragraph 1. 3,



(b) fails to comply with the obligation to process medical) in accordance with section 9b paragraph 1. 1

(a). (b) fails to comply with this obligation) or within the time limit referred to in section 9b paragraph 1. 3,

or



(c) fails to comply with the obligation to provide information), allow inspection of the

medical records or rent medical documentation under

section 9b paragraph 1. 2 or fails to comply with this obligation within the time limit referred to in section 9b paragraph 1.

3. ".



The former paragraph 3 shall become paragraph 4.



8. In § 140 para. 4 at the end of subparagraph (c)) is replaced by a comma and dot

the following point (d)), which read as follows:



"(d)) of $ 50,000, in the case of an administrative offence referred to in paragraph 3. '.



9. In paragraph 142, the words "section 124 para. 1.0 "the words" in decision-making,

whether it is a person physically disadvantaged under § 8 para. 1 (b). m),".



10. In annex 2,



and in point 6), the words "the Office work in the bridge shall be replaced by the Labour Office in

Ústí nad Labem ",



(b)) in point 11, the words "Labour Office Brno-country" shall be replaced by "Office of the

the work of Brno-city ".



Article. XIX



Transitional provision



The natural persons who were the decision of the district administration of social

Security recognised as disabled persons, for a period of

the validity of this decision, however, the maximum period of 3 years from the date of

entry into force of this Act, be deemed to be disabled

disadvantaged under this Act.



PART OF THE SIXTEENTH



Amendment of the Act on administrative fees



Article. XX



Act No 634/2004 Coll., on administrative fees, as amended by Act No.

217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll., Act No.

361/2005 Coll., Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No.

553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.

57/2006 Coll. and Act No. 81/2006, is amended as follows:



1. In section 8 paragraph 1. 2 (a). and), after the words "socio-legal protection of children,"

the words "on social services".



2. in annex V item 3, after the words "the protection of animals," the words

"social services".



3. In annex V, item 4, after the words "the protection of animals," the words

"social services".



4. In annex V, Item 5, after the words "the protection of animals," the words

"social services".



PART SEVENTEEN:



The EFFECTIVENESS of the



Article. XXI



This Act shall take effect on 1 January 2000. in July 2006, with the exception of

the provisions of article. Also, article. (II) points 1 to 3, 5 and 7, article. III and IV, art. In points

1, 3, 4, point 7, in respect of section 8 (2). 1 (b). (b)), and (d)), 15, 17 to

23, article. Vi, point 2, point 4 (b). (b)) and paragraph 5, article. VII to XVI, article. XVII

point 1, article. XVIII, section 2, in terms of § 8 paragraph. 1) (n) paragraph 5, and article.

XX, which will become effective on 1 January 2004. January 1, 2007, with the exception of article. (VI) points

6 to 8 which shall take effect on the date of its publication, and with the exception of article.

XVII, point 2, which shall take effect on 1 January 2000. April 2006.



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