Law Amending The Law On Social Service, Law On Legal Security And Administration In The Social Sphere And Health Law As Well As Repealing The Law On Preventive Home Visits To The Elderly, Etc. (Deregulation In This Area For The Elderly, The Disabled An...

Original Language Title: Lov om ændring af lov om social service, lov om retssikkerhed og administration på det sociale område og sundhedsloven samt om ophævelse af lov om forebyggende hjemmebesøg til ældre m.v. (Afbureaukratisering på området for ældre, handicappede m.fl.) Omtry

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=132411

Law amending the law on social service, law on legal security and administration in the social sphere and health law as well as repealing the law on preventive home visits to the elderly, etc.

(Reducing bureaucracy in the field of the elderly, the disabled and others.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

The law on social service, see. lovbekendtgørelse nr. 941 by 1. October 2009, as amended, inter alia, by section 2 of Act No. 550 by 26. May 2010 and no later than by law No. 552 of 26. May 2010, and as amended by section 1 of the by the Folketing on 4. June 2010 adopted the proposal for a law amending the law on social service, law on legal security and administration in the social sphere and parental responsibility law. (The child's Reform), shall be amended as follows: 1. In section 14 shall be inserted after paragraph 2 as new paragraph: "(3). Private offerings under section 66, nr. 4, and sections 101 and 107 may only be recorded in the quotation portal, if the local municipal Council has taken a decision on the inclusion of the quote which is generally suitable. Have another Municipal Council or a Regional Council reached a general agreement on the use of all spaces in the offer, a decision after 1. However, by this point Municipal Council or Regional Council. '

Paragraphs 3 and 4 become paragraphs 4 and 5.

2. In article 14, paragraph 3 3. point, there will be (4) 3. paragraph, the words ' and user-and pårørenderåd '.

3. In article 14, paragraph 4, 1. point, there will be (5) 1. paragraph shall be added after ' detailed rules about Quotation portal, including «:» about the decision on admission in accordance with paragraph 3 and '.

4. section 17 is repealed.

5. section 32, paragraph 2 is replaced by the following: ' (2). The Minister of Social Affairs shall lay down detailed rules concerning the cooperation with parents, about the involvement of the child or the young person, whether child or the young person's needs clearing and on the procedure for the municipality's casework. '

6. In article 52, paragraph 3, nr. 4, the words ' or section 144 '.

7. Under section 79 shall be inserted before the heading ' Homeless ': ' paragraph 79 (a). The Municipal Council must offer preventive home visits to all citizens over the age of 75 years and who lives in the municipality.

(2). The Municipal Council shall organise the visits as needed. The Municipal Council must, however, offer at least one annual preventive home visits.

(3). The Municipal Council may choose to exempt the citizens who receive both personal care and practical assistance under section 83, from the scheme of preventive home visits.

(4). The Minister of Social Affairs may, in conjunction with the Interior and Health Minister lay down rules about the municipal obligations under paragraphs 1 to 3, including on the coordination with other general municipal preventive and activating measures. '

8. section 89, paragraph 1 is replaced by the following:

» In the context of the decision pursuant to this chapter, the applicant shall be informed in writing about the assistance that has been granted. The Municipal Council may by less favourable adjustments in aid fail to submit a new written information to the citizen. '

9. section 89, paragraphs 2 and 3, are repealed.

Paragraph 4 becomes paragraph 2.

10. In article 101, paragraphs 4 and 5, the words ' approved '.

11. section 144 is repealed.

12. In section 148 (a), paragraph 1, shall be inserted after ' and ': ' economy, including on the basis of the decision under section 14, paragraph 3, for the inclusion of a private offers on the offer Portal remain '.

13. In section 148 (a) shall be inserted as paragraph 5: ' paragraph 5. The Minister of Social Affairs shall lay down detailed rules on the supervision of private places of residence under section 66, nr. 4, private treatment services under section 101 and private residential accommodation pursuant to section 107. '

14. In article 151, paragraph 2 1. section, and section 151 (a), (2) 1. paragraph, the words ' one declared and '.

15. § 151, paragraphs 3-5, are repealed.

16. paragraph 151 (a), paragraph 3 is replaced by the following: ' (3). As part of each supervisory visit to the Municipal Council to ensure that the service, which is generally delivered in friplejebolig housing estate, is in accordance with friplejebolig of the supplier certification. '

17. In article 161, paragraph 3, shall be inserted after ' for food service arrangements ': ' and for temporary assistance under section 83 (1) '.

18. section 166, paragraph 2, is hereby repealed.

§ 2

The law on legal security and administration in the social field, in accordance with article 3. lovbekendtgørelse nr. 1203 by 10. December 2009, as amended by section 11 of Act No. 434 of 8. May 2006, § 1 of lov nr. 316 of 28. April 2009, § 1 of lov nr. 429 of 28. April 2010, article 1 of law No. 550 by 26. May 2010 and 5 of law No. 571 of 31. May 2010, is amended as follows: 1. In paragraph 12 (c) shall be inserted after ' To use for the organisation of care tasks, etc. after the ': ' paragraph 79 (a) and «, and», the law on preventive home visits to the elderly etc. ' shall be deleted.

2. In section 30, paragraph 1 1. paragraph, the words ' the establishment of a Council of elders ' to: ' establish at least one Council of elders '.

3. section 30 (2) and (3) shall be replaced by the following: ' (2). Older Council consists of at least 5 members, and each Member may be elected a Deputy. Cannot use list lists or electoral Confederation concluded in connection with the elections to the Council of elders.

(3). The Municipal Council must, in cooperation with the older Council determine the detailed framework for the Council's work, including detailed agreement on how and to what extent the older Council must be consulted. If no agreement can be reached on how and to what extent the older Council must be consulted, the Municipal Council hear older Council on any proposal relating to the elderly. '

4. section 31 is replaced by the following: ' section 31. The Municipal Council shall establish, in cooperation with the Council of Association for the elderly the elderly Council. Older Council shall adopt its rules of procedure.

(2). The local authority pays the costs of the older Council business and provides secretarial assistance available, if the Council so wishes.

(3). The Municipal Council is providing daily allowances, compensation for lost wages and expense allowances, documented in accordance with the provisions of section 16 (a) of the law on local government administration to the older members of the Council.

(4). A member of the Council is not obliged to receive per diem or expense reimbursement due to the person concerned in accordance with paragraph 3. ';

5. section 32 shall be replaced by the following: ' § 32. The Municipal Council shall ensure that there will be held the election to the Council at least every four years older, and shall determine, in cooperation with the older Council rules on how elections should be held.

(2). Persons who have permanent residence in the municipality, and as the age of 60 years, has the right to vote and to stand for election to the Council earlier.

(3). There are not 4 weeks before election day set the required number of candidates, the Municipal Council in consultation with the Council of elders decide to call off the vote. All the candidates are chosen in this case. '

6. section 33 shall be replaced by the following: ' § 33. The Minister of Social Affairs may upon application from the Municipal Council give a derogation from the rules laid down in §§ 30-32. '

7. The heading before section 34 is repealed and § § 34-36 is repealed.

§ 3

In health law, see. lovbekendtgørelse nr. 95 of 7. February 2008, as amended, inter alia, by § 1 of lov nr. 538 of 17. June 2008 and at the latest by the law No. 534 of 26. May 2010, is amended as follows: 1. section 219, paragraph 3, 2nd paragraph, be repealed.

§ 4 paragraph 1. The law shall enter into force on the 1. July 2010. section 14, paragraph 3, article 14, paragraph 4, which becomes paragraph 5, article 52, paragraph 3, nr. 4, § 101, paragraphs 4 and 5, and section 148 (a), paragraphs 1 and 5 of the law on social services as drafted or amended by this Act, section 1, no. 1, 3, 6, 10, 12 and 13, as well as the repeal of section 144 of the Act on social services, see. This law § 1, nr. 11, however, shall enter into force on 1 January. January 2011.

(2). section 14, paragraph 3, of the law on social services as amended by this Act, section 1, no. 1, shall not apply to private deals that the 1. January 2011 is approved pursuant to section 144 of the Act on social services.

(3). All cases for help after §§ 83 and 84 of the Act on social services pending at the appeal Council after the existing sections 34 to 36 of the law on legal security and administration in the social sphere, and which is delivered recommendations to Municipal Council no later than 30 June. June 2010, returned to the Municipal Council.

(4). Law on preventive home visits to the elderly, etc., see. lovbekendtgørelse nr. 868 by 10. September 2009, is repealed.

Given at Amalienborg, the 11. June 2010 Under Our Royal hand and Seal MARGRETHE r./Beni Kiær