Chapter 1	Quality standards
Chapter 2	Municipality of the Municipality Management Board for the choice of supplier
	Person Group
Chapter 3	Quality and pricing requirements
	Establishment of quality requirements
	Establishment of price requirements
	Publication of quality and pricing requirements
Chapter 4	Approval and payment of suppliers
	Post Payment of Private Providers
Chapter 5	Accounting and control
Chapter 6	Entry into force

Publication of quality standards and free choice of supplier of personal and practical assistance, etc.

In accordance with Article 92 (2), 4, section 93, paragraph. 3, and § 139 of the Social Services Act, cf.. Law Order no. 941 of 1. Oct in October 2009 :

Chapter 1

Quality standards

§ 1. The local authority shall establish at least once a year a quality standard for personal and practical assistance, and so on, and the municipal rehabilitation and maintenance training according to the sections 83 and 86 of the law.

Paragraph 2. The quality standard shall include general service information to citizens about the help they can expect from the municipality if they are required for personal and practical assistance, etc., or local authority retraining and maintenance training according to the sections 83 and 86 of the law.

Paragraph 3. The quality standard must include a description of the level of service that the local authority has established for services under the sections 83 and 86 of the law. The description of the content, the extent and the execution of the aid must be precise and must provide the basis for ensuring consistency between level of service, the allocated resources, decisions and delivery of the aid. The quality standard must also contain operational objectives for how to ensure this, and a description of the way in which the objectives set are followed up. § 2.

Paragraph 4. The quality standards shall show the quality requirements, cf. section 7.11, the municipality Board shall make available to suppliers of assistance provided under the section 83, including requirements for the skills of the staff, the work environment and so on.

§ 2. The local authority shall at least once annually follow up on the basis of the following section. 3, set targets for the quality and control of the aid provided for in Articles 83 and 86 of the law, as well as in accordance with section 1 (2). 4, determined quality requirements for the suppliers of assistance provided for in Article 83 of the law.

Chapter 2

Municipality of the Municipality Management Board for the choice of supplier

§ 3. The local authority must decide on the decision to :

1) approve and conclude contracts with any supplier that satisfies the quality and price requirements laid down in accordance with : ~ § 7-16 and Act 91, or

2) bring in the provision of services under the terms of the law in tender with respect for the EU rules on the award of public contracts, cf. Law of the law.

Paragraph 2. The Municipal Board shall ensure that discrimination does not take place between suppliers.

§ 4. The local authority shall take a decision before the provision of services shall be made available in accordance with section 3 (3). 1, no. 2, the decision on whether or not to conclude contracts with 2, 3, 4 or 5 suppliers of personal and practical assistance respectively. The local authority shall take a decision on the subject of a food service decision on whether or not to conclude contracts with 2 or more suppliers. The authority of the Municipal Management Board shall be indicated in the tender dossier.

Paragraph 2. The local authorities shall, after a tender shop, after a section 3 (2), must be provided. 1, no. 2, conclude contracts with the suppliers of personal care and practical assistance, as well as for the food service, at least, the 2 vendors who have placed the economically most advantageous offers, cf. paragraph One, three and four.

Paragraph 3. The local authorities may choose to conclude contracts with a smaller quantity of vendors than the number provided for in cases where the municipal management board does not receive sufficient numbers. The local authorities shall enter into contract with all vendors who are bidding on the task, provided that the number of tenders does not exceed the number laid down in advance, cf. however, paragraph 1 4. The minimum level of contracts shall be concluded with two suppliers.

Paragraph 4. The local authorities shall refuse to enter into contract with a supplier in a tender store if this supplier ' s tender exceeds the cheapest bid by more than 10 pct., even though the tender is falling within the specified number. The local authorities may choose to conclude contracts with a supplier whose tender exceeds the cheapest tender with more than 10 pct; if there is a minimum requirement that there are at least two vendors of the supply category.

Paragraph 5. Where it is not possible to conclude contracts in accordance with the conditions laid down in paragraph 1. 2, 3 and 4 shall apply to the rules for the approval of any qualified supplier in accordance with section 3 (3). 1, no. 1, use.

§ 5. The city council may decide that invitations to tender in section 3 (3) are made. 1, no. 2, shall include the provision of benefits in the entire municipality or in one or more of the municipalities ' districts, cf. § 11. If the municipality of the municipality is choosing to carry out invitations to tender alone, the rules for the approval of any qualified supplier in accordance with section 3 (2) shall be approved. 1, no. 1, use for each of the other districts of the municipality.

Paragraph 2. The city council may decide that a call for tenders under paragraph 3 (3) is decided on. 1, no. 2, shall include the provision of one, more or all benefit categories, cf. § 10. Selects the municipality Board that there should be only provision for individual benefit categories in accordance with section 3 (3). 1, no. 2, the rules for the approval of any eligible supplier in accordance with section 3 (3). 1, no. 1 shall apply to all other benefit categories.

Person Group

§ 6. Recipients of personal and practical help following the section 83 of the law, after the municipality has concluded contracts with several suppliers, cf. section 3, 5, select which vendor to perform the tasks that have been reached on accordance with the section 83 of the law, cf. § 88 and 89.

Paragraph 2. The municipality Board shall set a time limit for when recipients of aid under the section 83 of the Act shall have the right to switch to other approved suppliers. The deadline for switching the supplier must be reasonable and must not exceed 1 month from the end of the month in which the recipient of the help has requested to change the supplier.

Paragraph 3. Residents in nursing homes, nursing homes, nursing homes and similar residence, cf. The section 93 of the law, which receives assistance under the section of the law of the law, is not subject to the right to choose a supplier of the law of Article 92 (2) of the law. 2.

Chapter 3

Quality and pricing requirements

§ 7. The local authority shall, after paragraph 3, be referred to in paragraph 3 1, no. 1, establish and publish quality and price requirements to suppliers of personal and practical assistance.

Paragraph 2. Has the municipality board decided to bring the provision of services into tendering, cf. Section 3, paragraph 3. 1, no. 2, the municipal management board alone shall publish the quality requirements laid down for the services and districts covered by the tender concerned, cf. § 5.

Establishment of quality requirements

§ 8. The local authority shall determine the provisions of Article 91 (1) of the law 1, the quality requirements that are made to suppliers of personal and practical assistance following the section 83 of the law. The quality requirements shall reflect the quality standards laid down by the municipality Management Board for the content and delivery of the benefits, cf. § 1.

Paragraph 2. The quality requirements shall be used as the basis for the approval and conclusion of the municipal management board and contract with suppliers of personal and practical help, cf. Section 18 (2). One and two.

§ 9. The Municipality Board shall, cf. Article 91 (1) of the law. 1, make the requirement that the supplier must place a preparedness at its disposal to ensure that the provision of the services decided, and to ensure that the contract for the provision of services is complied with. The local authorities shall also make provision for the supplier to comply with the general guidelines, the municipality Board has fixed cancellations and so forth in accordance with the rules of the public authority. Act 90.

Paragraph 2. The local authority shall decide on the requirements to be made to the supplier in respect of changes in the circle of persons receiving aid under the terms of Article 83, changes to the needs of each recipient for assistance or any other alterations ; the provision of benefits. The municipality Board shall make demands that the supplier inform the authority of changes in the recipient's need for assistance, as well as how to disseminate this information from the supplier.

Paragraph 3. The local authorities may require the supplier to accept all recipients who choose the vendor in question.

Paragraph 4. The local authority authorities may require the supplier to make sure that the contract is fulfilled. The security shall be in a reasonable proportion to the expected turnover of the supplier.

Paragraph 5. The local authorities may not make quality requirements for food service providers who make it possible for all suppliers to use a certain form of production.

Paragraph 6. The local authorities shall determine the provisions of Article 93 (3) of the law Also, the quality requirements for the suppliers of local local authorities in the care homes, the local authorities, shall also lay down requirements for the quality of other services provided by the local authority supplier for the operation of the nursing home and so on. The quality requirements for services provided under the terms of section 83 of the law shall be laid down in accordance with the guidelines in section 8 (3). 1.

§ 10. The local authority shall lay down independent quality requirements for the benefit categories of personal care, food service with delivery to the home, food service without the application of home and other practical help.

Paragraph 2. The local authorities shall set specific quality requirements for all services produced outside the home.

Paragraph 3. The City Council may lay down quality requirements for more benefit categories than those referred to in paragraph 1. One and two.

Paragraph 4. The quality requirements shall be used as a basis for the approval of suppliers within each performance category. Any supplier who meets the quality requirements for each benefit category must be authorised to be authorised to provide services before this category, cf. Section 18 (2). 1, cf. however, section 3 (3). 1, no. 2.

§ 11. The local authority must decide whether the municipality should be divided into districts, cf. § 5.

Paragraph 2. The municipal authorities choose the municipality to split the municipality, cf. paragraph 1, this breakdown must be reflected in the requirements of the vendors.

Establishment of price requirements

§ 12. The local authority authorities shall lay down at least one annual price requirement for suppliers of personal and practical help, cf. Section 3, paragraph 3. 1, no. 1.

Paragraph 2. Price requirements shall be made on the basis of the hourly rate for personal and practical assistance in the home, cf. however, paragraph 1 3 and 4.

Paragraph 3. Prius requirements for services produced outside the home are fixed per. benefit.

Paragraph 4. The city council is deciding on a fixed subsidy for food service. The municipal grant may not amount to a higher amount than the price of the tender selected by the consignee, cf. the payment for general tender and offer of personal and practical assistance, etc. ;

§ 13. The local authorities shall lay down minimum requirements for personal care in everyday hours, personal care, in other times, food service with delivery to the home, food service without the delivery to the home and the other practical help.

Paragraph 2. The local authority must provide for special price requirements for services produced outside the home, cf. ~ 10 (1)) 2.

Paragraph 3. The City Council may lay down additional price requirements than those referred to in paragraph 1. One and two.

Paragraph 4. If the average, long-term costs vary between the different districts, cf. Section 11, cf. the price requirements for the suppliers of the districts shall be stated in section 11. § 14.

§ 14. The local authorities shall lay price requirements on the basis of a calculation of the average, the long-term costs of the municipal supplier company of personal and practical help, cf. however, section 16.

Paragraph 2. Called by the municipality of the municipality, the long-term costs of the municipal supplier company of personal and practical help, must include all direct and indirect costs associated with the provision of personal and practical assistance. The calendar must be based on the most recent financial year.

Paragraph 3. The call shall be made on the basis of the actual delivered time. The actual delivered time is either to be performed by a direct registration of the actual supplied time or through the joint recommendation of the KLs and Social Affairs for the calculation of the user-time rate of the municipal supplier, the BTP model. If the BTP model is used, the sampling measurement shall not be more than one year old in relation to the price fixing time.

Paragraph 4. In cases where it is necessary to use a distribution key for the proportion of costs to a benefit category, the choice of the distribution key must be justified. Costs directly intended for a particular benefit category cannot be included in the distribution keys.

Paragraph 5. The local authority must, in the price scrape, only include grants which private suppliers can achieve in a similar manner.

Paragraph 6. In the case of the disclosure of accounts of the financial management board, a follow-up and verification of the price requirement shall be carried out correctly, including in section 16 (1). 1, said the expected enhances or changes in the quality standard have been completed, cf. 20.

Paragraph 7. The local authority must adjust the pridescrape of personal and practical aid forward within two months of the fact that the municipality Board will be aware that the price requirement and the average, long-term cost shall be dismissed, cf. 20.

§ 15. The local authorities shall determine at least once annually the value of each of the services offered by the municipality Management Board by the Provinal Board by the Provinal Board. This can be done in the context of the fact that the municipal administrative board sets price requirements for suppliers of personal and practical help, cf. § 12.

Paragraph 2. The local authority shall calculate the value of the Proof of Service on the basis of the price requirements calculated from a calculated cuculations of the average, long-term costs incumbated to the local authority supplier or the private main supplier in those cases ; where there is no municipality supplier, cf. Section 14, paragraph 14. This means that the value of the service is calculated on the basis of the price requirements that the local authority will have to publish already in accordance with the requirements of the public authorities. § 17. The value of the service certificate can be a maximum amount that corresponds to the actual costs of the local authority or private main supplier by providing the same benefit. If the municipalities have opted to use the tendering model, the award offered by the grant has been won.

Paragraph 3. The value of the service corresponds to all direct and indirect costs associated with the delivery of personal and practical help, cf. Section 14, paragraph 14. 2. The local authority ' s value may, in the calculation of the value of the service, choose to deduce an amount equal to the indirect costs of the local authority or the private principal supplier, which is not relevant to aid provided for this scheme. This means indirect costs, such as rent and IT, which is not a prerequisite for providing assistance in accordance with this scheme.

Paragraph 4. The Citizen will receive a service certificate, not cash funds. In cases where the citizen places a private individual to carry out the assistance, the municipal administrative board shall be responsible for carrying out the administrative tasks related to the administrative tasks. It is tasks such as payment, tax, payment of holiday money, payment to ATP, payment to the private maternity fund, drawing and payment for the health insurance and payment of salaries under sickness and so on. The citizen will hire a company to deliver the help, provide the company administrative tasks for its own employees.

Paragraph 5. Selects the recipient of a service certificate to delegate the employer task to a private individual, an organization or private company, must itself hold the citizen's own host. Costs here. Costs associated with the employer task in accordance with the proof of the service, including the completion of contracts, are contained in the value of the service.

§ 16. Pricing in accordance with section 14 may be partially derogated when the derogation is justified in the expected effectiveness of the local authority supplier company or changes in the quality standard of the municipality, cf. § 1. Appropriate terms shall be made in relation to the local authority budget where the expected increase in efficiency in the local authority supplier company or changes in the quality standard is included in the determination of the price requirement, cf. 1. Act.

Paragraph 2. In cases where there is not a municipal supplier company for the relevant benefit categories, the local authorities shall determine the price requirements of the average, the long-term costs of the delivery of services by the private supplier or the private supplier. The local authority shall be able to derogate from the price fixing referred to in 1. pkton, if it is justified in the expected efficiency of the suppliers, changes to the quality standard or changes of the municipality between the local authorities and to the public or private suppliers, cf. paragraph 1.

Paragraph 3. The price fixing after paragraph 14 may also be waisted if the municipality Board chooses to carry out an invitation to tender within the framework of the approval model. It is a prerequisite for such a tendering supply that the supplier who wins the tender shall be subject to competition in accordance with the rules of approval of the agreement, including that the public have access to the contractual basis between authorities and vendor. The price requirement of other suppliers wishing to approve the municipality will in these cases be the actual costs of the municipal management contract with the private supplier who has won the tender for the delivery.

Paragraph 4. Section 14, paragraph 14. The provisions of Article 16 (6) and (7) shall apply. Two and three.

Publication of quality and pricing requirements

§ 17. The local authorities shall publish the quality and price requirements of suppliers of personal and practical assistance, as laid down in section 7 to 16 and the documentation for the price requirements.

Paragraph 2. As part of the publication, the local authority shall electronically report the quality and price requirements of suppliers of personal and practical assistance to the Ministry of Social Affairs who provide electronic publication.

Paragraph 3. The quality and price requirements of the Municipality Management Board may not take effect from the day of publication of the reported information, cf. paragraph 2.

Paragraph 4. Notwithstanding paragraph 1 3 must be paid, cf. 20, of private suppliers, for the entire period, in which there has been a discrepanrelationship between the price requirement and the average, long-term costs of the supplier company.

Chapter 4

Approval and payment of suppliers

§ 18. The city council shall have in accordance with section 3 (3). 1, no. 1, the obligation to approve and sign contracts with any supplier of personal and practical assistance, which complies with the quality and price requirements laid down in accordance with the requirements of the quality and price requirements of the Commission. however, paragraph 1 Two and three.

Paragraph 2. Under section 3, paragraph 3. 1, no. 2, the municipality Management Board shall be obliged to enter into contract with the suppliers who have won a negotiated procedure in accordance with sections 4 and 5, cf. however, paragraph 1 One and three.

Paragraph 3. The local authorities may, in particular cases, refuse to approve and conclude contracts with a supplier in accordance with paragraph 1. This shall be possible to justify the reasons for the reasons referred to in Article 45 of the tender Directive.

Paragraph 4. The local authority must immediately after the conclusion of the contract with the individual supplier, cf. paragraph 1 or 2, make electronic notification to the Ministry of Social Affairs, which shall provide electronic publication.

§ 19. The Municipality Board shall pay all approved suppliers of personal and practical assistance, etc., cf. section 18, in accordance with the published price requirements and the terms of the contract between the municipalities and the individual supplier.

Paragraph 2. The Municipality Board shall pay for the provision of benefits under a tender, cf. Section 3, paragraph 3. 1, no. 2, in accordance with the terms of the contract between the municipal management board and the individual supplier.

Paragraph 3. The payment of food service shall be made in accordance with the rules in the notice of payment for general tenders and on offer of personal and practical assistance, etc., and so that the recipient pays for any difference between the municipal management board ; grants for food service and the price of the selected tender.

Post Payment of Private Providers

20. The local authority will have to pay private suppliers in cases where it subsequently turns out that the fixed price requirements are lower than the average, long-term cost of delivery of personal and practical costs help, cf. section 14 and section 16 (4). Two and three.

Paragraph 2. The payment shall be made within two months of the fact that the local authority has been aware that the price requirement is lower than the average, long-term cost of delivery of personal and practical assistance. The end payment shall cover the entire period in which the price requirement has been set too low.

Chapter 5

Accounting and control

§ 21. The local authorities shall carry out an ongoing registration of revenue and costs from the municipal supplier company.

Paragraph 2. The local authority is responsible for the municipal costs of the municipal supplier company of personal and practical assistance, including any deviations in relation to the cost-cube in accordance with section 14 and 16.

Chapter 6

Entry into force

§ 22. The announcement shall enter into force on 1. April 2010. At the same time, notice No 1614 of 12. In December 2006 on quality standards and free choice of supplier of personal and practical assistance, etc.