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In accordance with the decision of the Parliament:
The purpose of this law is to ensure that a client who uses private social services is entitled to good quality social services.
This law shall apply to the production, implementation and supervision of private social services, unless otherwise provided by law.
Moreover, the implementation of private social services is in force on the basis of the Act on the status and rights of the customer (12/2000) And otherwise social services are provided.
For the purposes of this law:
(1) Private social services Social welfare law (1301/2014) in Article 14 The provision of social assistance and advice in the social field related to the organisation of the social services provided by a private person, entity or foundation, or by a commercial undertaking established by a public body, Professional activity; (30/04/2013)
(2) Activity unit A functional entity that provides the customer with the services provided for in this Act;
(3) Licensing authority The Agency for Regional Authorities and the Social and Health Authorisation and Control Agency;
(4) Supervisory authority The institution of the municipality referred to in Article 6 of the Social Welfare Act, or the office-holder designated by it, the Regional Administrative Agency and the Social and Health Authorisation and Control Agency.
The operational unit shall have adequate and appropriate facilities and equipment and staff required to operate. The premises must be suitable for health and other conditions of treatment, education and other care.
The number of staff must be sufficient to meet the needs of the services and the number of customers. The qualifications required by the staff are laid down in the Act on the qualification requirements for professional staff (192/2005) .
In the case of a family home, the family allowance shall be applied to the staff and the eligibility criteria. (263/2015) § 6 And in the case of daycare, which of the children's day care (36/1973) And is provided for. The minimum number of staff in the field of child protection shall be subject to child protection (417/2007) And the eligibility criteria § 60 of the latter Act. (20.3.2015)
Private social services must be based on a service, management, servicing or rehabilitation plan drawn up in accordance with Article 7 of the Law on the status and rights of the customer, as well as in accordance with Article 7 of the Law on the status and rights of the customer. Other similar plan.
The private social service provider shall be responsible for ensuring that the package of services provided to the client in accordance with the agreement, administrative decision and plan referred to in paragraph 1 meets the requirements set out therein.
The action unit shall be responsible for ensuring that the services to be carried out in the operational unit meet the requirements set out therein.
The private social service provider shall establish a self-control plan covering all the social services of the service provider and the service modules referred to in Article 5 (2). The service provider shall maintain and monitor the implementation of the self-monitoring plan.
The Agency for Social Affairs and Health may lay down provisions on the content, preparation and monitoring of the self-control plan.
The provider of private social services, which continuously produces round-the-clock social services, must obtain authorisation from the licensing authority for the provision of services prior to the commencement of operations and an essential change.
The authorisation covers all the operating units of the service provider that provide round-the-clock social services.
The authorisation shall be sought from the regional administrative office in whose territory the services are provided. Where services are provided in the territory of more than one regional administrative office, authorisation is sought from the Social and Health Authorization and Control Agency.
The application for authorisation shall state:
(1) the name of the service provider, the personal identification number or the company and entity number, the contact details and the name and contact details of the company's managing director or other person responsible for the business;
(2) the names and contact details of the operation units for which authorisation is sought;
(3) the content and production method of the social services to be issued, as well as their intended scope in each operational unit;
(4) the number of clients in each activity unit;
(5) the name, identity number, contact details, training, professional experience and function of the responsible person;
(6) the number of other staff and training;
7) information on the registration of the ex-ante recovery law; (1118/1996) Within the meaning of the employer register;
(8) the scheduled date of commencement of operations;
9) the place where the customer documents are kept, a description of the key principles of customer registration and the person responsible for keeping the records, as well as the law on the electronic processing of customer information in social and health care; (159/2007) The Data Protection Officer referred to in paragraph 4;
(10) other information necessary to assess the quality, safety and adequacy of services.
In order to ensure the operating conditions referred to in Article 4, the Regional Administrative Agency shall carry out an audit of all 24-hour social service activities as soon as possible after the opening or modification of: An application for authorisation has been submitted to the regional administrative office. In addition, at the request of the Ministry of Social Affairs and Health, the Agency shall, at the request of the Office for Social Security and Health, inspect an action service for which an application for authorisation has been submitted to the Ministry of Social and Health Authorisation and Control. At the request of the regional administrative authority, the representative of the municipality in whose territory social services are to be produced may participate in the audit.
Holdings of permanent housing may be inspected only with the consent of the service provider.
The authorisation shall be granted to the service provider if its operating units meet the conditions laid down in Article 4 and if it is able to meet its financial obligations properly. The service provider, which is bankrupt or has a negligible amount of tax debt or receivables due in relation to its ability to pay, is deemed not to be able to meet its financial obligations properly.
The content of the services, the scope of activity and the way in which the services are produced must be reflected in the authorisation. In order to ensure customer safety, I shall be able to include the necessary conditions for the number of services, staff, facilities, facilities and supplies, as well as operating methods.
A producer of private social services, which produces non-round-the-clock social services, must submit a written declaration of action before commencing it or an essential amendment to the municipality's institution in the municipality in which the services Produced. The notification shall state the same information as in the licence application. A service provider who has applied for an authorisation within the meaning of Article 7 does not need to make a separate declaration of any non-scheduled social services, if they appear on the application for authorisation.
The obligation for a private day care producer to notify the municipal institution is governed by the Law on the Day of Children.
The service provider shall make a written declaration of the change of the responsible person and the closure of the activity to the authorising authority which granted the authorisation or the municipal institution of the notified body referred to in Article 11.
The municipal institution shall, with the exception of the information received pursuant to Articles 11 and 12, inform the Office of the Regional Administrative Board without delay of any information on the service providers which produce only the services referred to in Article 14 (1) (5) of the Social Welfare Act. Domestic support services or comparable services.
Surveillance under this law shall apply to all social services referred to in Article 3 (1).
The supervisory authority shall carry out the supervision of private social services, primarily through the provision of appropriate guidance and advice to the service provider and the monitoring of the development of services in cooperation with the services With the producer.
Each year the authorised private service provider shall submit a report to the licensing authority.
The report shall indicate the changes in staff, premises and operations.
The Authority may inspect the activities of the service provider under this law and the operating units and premises used in the organisation of the operation where there is a reasonable cause for the inspection.
The Agency for Social Affairs and Health may, for a justified reason, instruct the Regional Administrative Agency to carry out an inspection. The authorising authority may, in addition, request the municipality's institution to check the operation unit for a reasoned reason.
The inspection may be carried out unannounced. The inspector shall be admitted to any operational unit. However, the premises used for permanent housing may be inspected only if such verification is necessary to safeguard the position of the customer and the relevant services. The inspection shall be maintained.
The inspector shall not, notwithstanding the provisions of confidentiality, present all the documents he requested for the purpose of carrying out the inspection. In addition, the inspector shall be provided free of charge with copies of the documents necessary to carry out the inspection.
The inspector shall be entitled to take photographs during the inspection. The inspector may be assisted by the experts necessary for carrying out the audit.
Where, in the context of the supervision or control of private social services, it is established that the service provider has failed to act or failed to fulfil its obligations under this law, or failed to fulfil its obligations, In respect of other measures, the licensing authority may provide the service provider or the responsible person for any action against it, or pay attention to the proper organisation of the activities and to compliance with good administrative behaviour.
Where a private social service provider has failed to fulfil its obligation to lodge a notification or authorisation, or where there are deficiencies or other deficiencies in the organisation or implementation of social services, or Otherwise, the licensing authority may issue an order to remedy or remove any deficiencies. When the order is adopted, a period shall be set at which the necessary measures must be taken.
Where customer safety is required, the licensing authority may prohibit or suspend operations or prohibit the operation of a unit, part or device immediately.
The licensing authority may oblige the service provider to comply with the provision referred to in Articles 20 and 21, at the risk of a fine or, at the risk of being suspended, or that the operation of the unit, part or appliance is prohibited.
The authorising authority may cancel, in part or in full, the authorisation it has granted to the provision of social services where there is a material breach of this law or of provisions adopted pursuant to it. In addition, the withdrawal of the authorisation shall be subject to the prior observations and provisions of the licensing authority which have not led to the correction or deletion of any deficiencies.
The provisions of this Chapter shall not apply to medicinal products (185/1987) , which is responsible for monitoring the safety and development of the pharmaceutical industry. Where the Authority detects private social services in the supervision of deficiencies or other shortcomings in the field of pharmacovigilance, it shall inform the Medical and Development Centre thereof.
The licensing authorities, together with the national information system ( Register of private service providers ) The processing of the authorisation and notification cases referred to in this Act and for the purpose of monitoring and statistical activity. As separate parts of the information system, the register of private social service providers and the private health care law (152/1990) The registers of private healthcare providers and the self-employed in health care.
The responsible controller shall be the Agency for the Social and Health Authorisation and Control, which shall also be responsible for the functioning of the information system.
The licensing authority shall be responsible for the information stored in the register and the legality of their surrender. The permit authority shall use the information of the registries to the extent necessary for its duties. Personal data processing is also provided for in the Personal Data Act (523/1999) .
Upon granting the service provider the authorisation referred to in Article 7, the authorising authority shall ensure that the records of the private service providers are recorded, which, according to Article 8 of the service provider, have been included in the licence application.
The authorising authority shall decide on the record of the notification of the reserved service referred to in Article 11.
The register shall not provide information on the providers of services which only provide services or comparable services within the meaning of Article 14 (1) (5) of the Social Welfare Act (5). Family day care. (30/04/2013)
In addition to the provisions of Articles 26 and 27, the licensing authority shall record:
(1) information on changes in the operation;
(2) information on infringements of this law and of any provisions, regulations and prohibitions adopted pursuant to it, and penalties imposed by the Authority, information on the checks carried out by the Authority, their results and other controls; The necessary information; and
(3) other information necessary for the processing and statistical reporting of authorisations and notification, which do not contain the information referred to in Article 11 of the Personal Data Act.
The person responsible for the provision of social services, the person responsible for social services, the person responsible for keeping the register and the data protection equivalent, shall be deleted from the register five years after the date on which the register has been registered Their activities.
The Social and Health Authorisation and Control Agency may make public and disclose, through a public information network, the name or business name of the private social service provider, the service sector and all The addresses and contact details of the units and offices. However, the self-employed person may prohibit the publication of his address and other contact details.
Non-self-employed persons may also have public information on other business activities in the public information network.
The transfer of public personal data from a non-public computer network shall be governed by the law of the authorities (18/09/1999) Article 16 (3). Information relating to the service provider which has ceased to operate within the meaning of this Act may be published and disclosed in a public information network for a maximum period of 12 months from the date of the notification to the licensing authority.
Notwithstanding the provisions on the use of secrecy and other information, the licensing authorities may, in addition to the rest of the rest of the law, surrender the register of private service providers by means of a technical service:
(1) For the Social Insurance Institution, the necessary information on private social service providers is provided for sickness insurance, pension and disability benefits;
2) The information necessary for the establishment of a health and welfare institution for statistical purposes of private social service providers and the operational reports referred to in Article 16.
Before opening a technical service, the requesting authority shall provide a statement that the data protection is adequately protected.
The authorisation of social services and the registration of the declaration referred to in Article 11 shall be paid. The measures relating to the authorisation and registration may be levied in full or in part as an annual fee.
The general guidance and supervision of this law is the Ministry of Social Affairs and Health.
Under the Ministry of Social Affairs and Health, the Ministry of Social Affairs and Health is guided by the Regional Administrative Agencies in the performance of their duties under this Act. The aim of the steering is to harmonise the operational principles, procedures and procedures for the management of territorial authorities.
In addition, the Office for Social and Health Authorisation and Control controls and supervises services, in particular where the question is:
(1) principles of fundamental importance and scope;
(2) matters relating to the territory of several territorial authorities or to the country as a whole;
(3) matters relating to the supervision of health care or health professionals in the Office for Social and Health Authorisation and Health;
4) issues which are accessible to the regional administration.
The Regional Administrative Board controls and supervises private social services produced within its territory.
The institution of the municipality directs and supervises private social services produced within its territory.
The supervisory authorities shall cooperate in the performance of the tasks provided for in this Act.
The institution of the municipality shall immediately inform the relevant Regional Administrative Agency of any imperfections or maladministration in its control under this law. In addition, the institution of the municipality shall inform the Agency of its audits and conclusions relating to inspections carried out pursuant to Article 17.
On the basis of Articles 17 to 23, the Office for Social Affairs and Health shall inform the relevant regional administrative agencies of the control measures it has taken. The Regional Administrative Agency shall inform the Social and Health Authorisation and Control Agency of the abovementioned monitoring activities, provided that the service provider has been authorised or applied for it from the Social and Health Authorization and Control Agency. In addition, the Social and Health Authorization and Control Agency and the Regional Administrative Agency shall inform the institutions of the municipalities in whose territory the services are provided.
An appeal against the decision of the Authority under this law is to be appealed to the Administrative Court, as in the case of administrative law (18/06/1996) Provides.
The appeal referred to in Article 19 shall not be subject to appeal against the appeal.
The decision of the licensing authority to prohibit the operation, prohibition or withdrawal of the operation of a unit or part thereof, or the withdrawal of an authorisation, may, in spite of the appeal, be put into effect if it is for the safety of its customers. Necessary.
The appeal authority may prohibit the execution of the decision or order it to be suspended.
§ 38 has been repealed by L 12.12.2012 .
The supervisory authorities, as well as the Ministry of Social Affairs and Health, shall have the right, without prejudice to the provisions of confidentiality, to obtain, free of charge, the information and explanations necessary for the performance of their duties by the producer and the social services provider.
The police shall be obliged to provide official assistance to the Authority in order to carry out an inspection pursuant to Article 18, the suspension of Article 21 and the prohibition of use and the right to information pursuant to Article 39.
The regional administrative offices shall carry out the annual contributions under Article 32 to the Social and Health Authorisation and Control Agency, which shall cover the costs of measures relating to the registration of private service providers.
The decree of the Council of State may provide for more detailed provisions on data to be deposited in the register of private service providers.
The Decree of the Ministry of Social Affairs and Health may lay down more detailed provisions on the content of the application for authorisation and the content of the notifications, the content of the declarations referred to in Articles 11 and 12, and the provisions of Article 41, and the Health and Social Rights of the Member States. A contribution to the control agency.
This Act shall enter into force on 1 October 2011.
This law repeals the law on the supervision of private social services (603/1996) .
Before the law enters into force, action can be taken to enforce the law.
Upon entry into force of this Act, pending authorisation applications and complaints shall be subject to the provisions in force at the time of entry into force of the law.
The authorisation granted on the basis of the provisions in force upon entry into force of this Act shall be valid after the entry into force of the law. However, the Regional Administrative Agency shall, on its own motion and free of charge, amend the authorisations granted to the same service provider in its territory before the law enters into force within a period of one year after the date of entry into force of the law. Entry into force.
The service provider of two or more regional authorities may apply for the replacement of separate authorisations by the Social and Health Authorisation and Control Agency with a single permit. A new authorisation shall be granted if the conditions for granting authorisation under this law are met by all operating units of the service provider.
Within six months of the entry into force of this Act, information contained in the register of the private service providers which shall not be entered in the register shall be removed from the register within six months.
THEY 302/2010 , StVM 56/2010, EV 342/2010This Act shall enter into force on 1 January 2015.
THEY 185/2014 , StVM 15/2014, EV 154/2014
This Act shall enter into force on 1 April 2015.
THEY 164/2014 , StVM 27/2014, EV 195/2014
This Act shall enter into force on 1 April 2015.
THEY 256/2014 , StVM 48/2014, EV 313/2014
