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The Law On Support For, As Well As The Capacity Of The Elderly Population On Social And Health Services

Original Language Title: Laki ikääntyneen väestön toimintakyvyn tukemisesta sekä iäkkäiden sosiaali- ja terveyspalveluista

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Law on support for the functioning of the elderly and the social and health services of older people

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose of the law

The purpose of the law is:

(1) support the well-being, health, capacity and independent performance of an ageing population;

(2) improve the ability of an ageing population to participate in the preparation of decisions affecting their living conditions and the development of the services they need;

(3) improve the ability of an elderly person to access quality social and health services, as well as the provision of guidance to other services on offer, in accordance with their individual needs, and in sufficient time to enable him to act in a timely manner; Be required; and

(4) Confirms the possibility for an elderly person to influence the content and manner of the social and health services to be organised and to decide on their choices.

ARTICLE 2
Scope and relationship with other legislation

This law provides for:

(1) the municipality's obligation to provide support for the welfare, health and disability and independent performance of its elderly population and for the provision of social and health services for older people in the municipality;

(2) identifying and responding to the service needs of an elderly person;

3) ensuring the quality of services for the elderly.

This law shall apply to the matters referred to in paragraph 1, in addition to those provided for:

1) in the Social Welfare Act (1301/2014) ;

2) in the healthcare sector; (1326/2010) ;

(3) Law on the support of property (1920/2005) ;

(4) Family Care Act (263/2015) ;

(5) Law on services and support measures to be organised on the basis of disability (380/1987) ;

(6) The Law on Special Care for Disabled People (519/1977) ;

(7) in substance custody laws (1999) ;

(8) mental health law (1116/1990) ;

(9) the Law on the Status and Rights of the Customer (12/2000) ;

(10) the law on the status and rights of the patient (1999) ;

(11) Law on private social services (2011) ;

(12) in the Law on Private Health (152/1990) .

(20.3.2015)

As far as the law is concerned, the law also applies to the law on the reform of municipal and municipal structures. (169/2007) Within the meaning of the joint action.

ARTICLE 3
Definitions

For the purposes of this law:

(1) An ageing Population The population at the age of entitlement to an old-age pension;

(2) The elderly person A person whose physical, cognitive, mental or social capacity has deteriorated due to high age, increased or worsening illness or disability, or due to a high age-related deterioration;

(3) Activity unit A functional entity operated by a public or private service provider which produces social or health services mainly for the elderly, in such a way that the services are performed on the premises of the service provider or In a private home.

Chapter 2

General responsibilities of the municipality

§ 4
Cooperation

The different sectors of the municipality must cooperate in support of the welfare, health, disability and independent performance of the ageing population.

In addition, the municipality must cooperate with public bodies, companies and organisations representing an ageing population and with other general interest groups on the welfare, health, capacity and independence of the elderly In support of performance.

§ 5
Plan to support the ageing population

The municipality shall draw up a plan for its measures to support the well-being of the elderly population, health, disability and independence, and the provision and development of the services and care needed for the elderly. The emphasis must be on housing and rehabilitation measures at home. The plan must be drawn up as part of the municipality's strategic planning. The plan shall be approved by the municipal council and shall be reviewed periodically.

The plan referred to in paragraph 1 shall:

(1) assess the state of well-being of the elderly population, the adequacy and quality of the services available to the elderly population and the factors affecting the need for the service of an ageing population;

(2) define the objectives to support the well-being of the elderly population, the ability to act and independent performance, and to develop the quality and quality of the services provided to the elderly population;

(3) define the measures to be taken by the municipality for the achievement of the objectives referred to in paragraph 2 and to assess the resources necessary for the implementation of the measures by the municipality;

(4) define the responsibilities of the various sectors of the municipality for the implementation of the measures referred to in paragraph 3; and

(5) specify how the municipality will cooperate with the bodies referred to in Article 4 (2).

The municipality shall take the plan into account in the preparation of an ageing population and the municipality's decision-making process affecting the services needed by the elderly, (365/1995) Article 65 And the report and the welfare report referred to in Article 12 (1) of the Health Law.

ARTICLE 6
Assessment of adequacy and quality of services

In addition to the provisions of Article 5 (2) (1), the institution responsible for social care of the municipality shall annually assess the adequacy and quality of the social services required by older persons on its territory.

In order to assess the quality and adequacy of services, the municipality must regularly collect feedback from users, their families and loved ones, as well as from staff of the municipality. In addition, the municipality shall compile the information on the financial resources used for the services and the number of staff and training. The evaluation shall also take into account the findings of the annual report of the Social Ombudsman.

§ 7
Access to services and accessibility

The municipality shall organise the social services of an ageing population in terms of content, quality and scope as well as the well-being of the elderly population, social security and operational capacity. Services shall be organised in such a way that they are available on an equal footing with the ageing population of the municipality.

The municipality shall organise the social services referred to in paragraph 1 close to customers, unless the concentration of services is justified in terms of their quality and safety.

§ 8
Service language

The municipal and municipal consortium shall organise the welfare services of an ageing population within the meaning of this Act, as well as the services related to the identification of the service needs of an elderly person and the provision of such services by the municipality or by the municipality. Language. The consortium of bilingual municipalities and bilingual groups, or both Finnish and Swedish, must organise these services in Finnish and Swedish in such a way that the service user receives the services in the language of their choice. The right to use Finnish or Swedish, to be heard and to obtain the supply books in Finnish or Swedish, as well as the right to interpretation in the language of the authorities (2003) Articles 10, 18 and 20.

The municipality and the municipality must also ensure that, when using the services referred to in paragraph 1, citizens of the Nordic countries may use their own language, Finnish, Icelandic, Norwegian, Swedish or Danish. As far as possible, the municipality of Municipality and Nurses shall ensure that the citizens of the Nordic countries receive the necessary interpretation and translation.

The right to use the Sami language is provided by the Sami language (1886/2003) .

§ 9
Municipal resources

In addition to the provisions of Article 4 (1) of the Medical Services Act concerning the allocation of resources to the promotion of health and well-being and to health care services, the municipality shall demonstrate the implementation of the plan referred to in Article 5 of this Law Sufficient resources to support the capacity and independent performance of an ageing population, as well as to social services for the elderly, which are the criterion for the state of the municipality's basic services.

In addition, the municipality shall support the well-being, health, performance and independent performance of an ageing population by allocating resources to activities other than those referred to in paragraph 1.

ARTICLE 10
Expertise

The municipality shall have access to the well-being of an ageing population, to support for health, disability and independent performance and to provide sufficient diversity for the quality of social and health services required by older people Expertise. Specific expertise must be at least in terms of well-being and health promotion, gerontological care and social work, geriatrics, medical treatment, nutrition, multidisciplinary rehabilitation and oral health care.

ARTICLE 11 (10/04/416)
Elderly Council

The municipality of Knun is governed by the law of the municipal council (410/2015) § 27 . The Elderly Council shall be involved in the preparation of the plan referred to in Article 5 of this Act and of the assessment referred to in Article 6.

ARTICLE 12
Services to promote well-being

The municipality shall provide advisory services in support of the well-being of the elderly population, health, capacity and independent performance.

In addition, the municipality shall provide health checks, reception facilities or house visits in support of well-being, health, capacity and independent performance, in particular for the elderly population, whose living conditions or the situation of life Assess the risk factors contributing to the service need related to research or public life experience.

The services referred to in paragraphs 1 and 2 shall include:

(1) guidance for the promotion of welfare, healthy lifestyles and disability, and prevention of diseases, accidents and accidents;

(2) identification of and early support for the social and health problems arising from the deterioration of the health and disability of an ageing population;

(3) social security and other social security guidance;

(4) guidance on medical treatment, multidisciplinary rehabilitation and safe treatment; and

(5) Guidance on the use of services to promote the well-being, health, performance and independent performance of the municipality.

Chapter 3

The service needs of the elderly person and their response

ARTICLE 13
General principles guiding the service needs

The municipality shall provide the elderly person with high quality social and health services, which are timely and adequate in relation to their needs.

Services shall be carried out in such a way as to support the well-being of an elderly person, health, capacity, independent performance and participation. In order to prevent the need for other services, attention must be paid, in particular, to services promoting rehabilitation and rehabilitation.

The guidance referred to in Article 12 (3) shall, as appropriate, be included in all social and health services organised for the elderly.

ARTICLE 14
Principles guiding the implementation of long-term care and care

The municipality must carry out long-term care and care for the valuable life of an elderly person as a matter of priority for his home and other social and health care services. The services must be adapted to the relevant service needs of an elderly person. Treatment and care can be carried out as long-term care only on the basis of the criteria laid down in this law. (30/04/2013)

Social and health care services that ensure long-term care and care must be carried out in such a way that an elderly person can experience life as safe, relevant and valuable and can maintain social interaction and participate in Activities that promote and sustain meaningful, well-being, health and operational capacity. Elderly and unmarried partners must be given the opportunity to live together.

The municipality shall safeguard the stability of the long-term care facility of an elderly person, unless it is appropriate to change the arrangement as a result of a change in the request of an elderly person or of his service needs or any other particularly weighty and justified Reason.

Article 14a (30/04/2013)
Conditions for long-term care

A municipality can only respond to the need for the service of an elderly person with long-term institutionalisation only if there are medical grounds or criteria relating to customer safety or patient safety.

§ 15
Identifying the service needs

The municipality is responsible for ensuring that the need for services in support of the social and health care of an elderly person and of other people's welfare, health, action and self-performance is fully explained jointly by an elderly person and Where appropriate, with his or her relatives, relatives or guardian. In order to meet the needs of the service, an employee with a wide range of expertise and an appropriate legal framework for the qualification requirements of professional staff (192/2005) Or the law on health care professionals (559/1994) Eligibility referred to in Article 2. An employee responsible for dealing with service needs shall act with the needs of an elderly person, by analogy with the other experts referred to in Article 10.

The investigation shall start without delay and complete without undue delay after:

(1) the elderly person has sought the Social Welfare Act; (1301/2014) Article 36 The need for a service needs assessment; (30/04/2013)

(2) an elderly person has applied to the municipality for social services in order to provide social services in order to support or perform normal life activities;

(3) in the context of the activities referred to in Article 12, it is estimated, together with an elderly person, that he needs regular assistance in order to support his/her ability to act or to carry out normal life activities;

(4) the notification referred to in Article 25 has been made of the need for the service of an elderly person and, in the opinion of the elderly person or his or her property, is deemed necessary for that purpose; or

(5) there are substantial changes in the circumstances of the elderly person who regularly receives social services organised by the municipality.

In order to meet the needs of the service, an assessment must be made of the capacity of an elderly person, using a versatile and reliable assessment tool. When assessing the capacity to act, it is necessary to identify the extent to which an elderly person is able to perform normal life activities in the residential and operational environment, and in which areas he needs support and assistance. The assessment shall take into account the physical, cognitive, mental and social capacity of an elderly person, as well as factors related to the accessibility of his environment, the security of his/her residence and the availability of his immediate services.

Article 15a (30/04/2013)
Clarification of conditions for long-term care

Before treatment and care is carried out as a long-term treatment institution, the municipality has to determine, as provided for in Article 15, the possibility of responding to the service need of an elderly person in his/her home and other social and health care With open services.

The report referred to in paragraph 1 shall also be carried out when the 24-hour institutionalisation of an elderly person has been carried out for three months and has not been done in the past.

The solution for the implementation of care and care for long-term institutionalisation shall be justified.

ARTICLE 16
Service plan

The municipality is responsible for drawing up the plan referred to in Article 7 of the Law on the Status of the Customer and the Rights of the Child ( Service plan ). The plan shall be drawn up without undue delay after the service needs of an elderly person have been established, unless it is temporary advice and guidance, or if the preparation of the plan is otherwise manifestly unnecessary.

The service plan shall determine, on the basis of an assessment of the performance of the elderly person, what social and health care services are needed for their well-being, their health, their ability to act and their independent performance; And in order to support his good management. The options for forming a whole shall be negotiated with the elderly person and, where appropriate, his or her relatives or guardian. The views of the elderly person should be included in the plan.

The service plan shall be reviewed without undue delay whenever the operational capacity of an elderly person is subject to substantial changes affecting his service needs.

§ 17
Responsible worker

The municipality shall appoint a person responsible for an elderly person if he needs assistance in matters relating to the implementation and coordination of services.

The responsibility of the responsible worker shall be:

(1) to monitor, together with the elderly and, where appropriate, his or her family, their loved ones or their appointed guardian, the implementation of the service plan and changes in the service needs of the elderly person;

(2) to communicate, where appropriate, the provision of social and health services to comparable and other sources in order to meet the needs of an elderly person; and

3) advise and assist an elderly person in matters relating to access to services and benefits.

The responsible worker shall have an appropriate level of service for an elderly person in accordance with Article 2 of the Law on the qualification of professional staff and Article 2 of the Law on the Professional Qualifications Competence.

ARTICLE 18
Decision on the provision of social services and the right to services

The municipality shall take a decision on the granting of social services to an elderly person as a matter of urgency in the form of a written or oral application and shall organise the services provided without delay in such a way that the right of an elderly person to the necessary To be taken care of.

The decision to grant non-urgent social services shall be taken without undue delay after a written or oral application has been submitted. An elderly person shall be entitled to receive the non-urgent social services granted to him without undue delay and no later than three months after the adoption of the decision.

When making a decision, account shall be taken of the provisions of Articles 13 and 14. The definition of the adequacy of social services shall be based on the identification of the service needs referred to in Article 15 and the service plan if it is done.

Chapter 4

Ensuring the quality of services

§ 19
Quality of services

The social and health services provided to an elderly person must be of high quality and must ensure good care and care for him.

§ 20
Staff

The operational unit shall include staff whose numbers, training and function structure correspond to the number of older persons receiving the services of the unit and the need for the service required for their ability to function and to provide them with quality services.

If the capacity of the elderly person to be treated at the premises of the operation unit is reduced in such a way that he needs to be cared for regardless of the time of day, the operational unit shall be adequately staffed at all times of the day.

ARTICLE 21
Management

The operating unit shall have a manager responsible for ensuring compliance with the principles laid down in Articles 13, 14 and 19 and that the services meet the other requirements imposed on them.

This activity must be managed in such a way as to support a high quality of customer-oriented social and health services, the promotion of a rehabilitation work product, cooperation between different authorities and professional groups and the development of policies.

§ 22
Funcals

The service provider shall ensure that the service provider's premises are adequate, safe, accessible, homeless and, in any case, appropriate to their needs.

ARTICLE 23
Self-control

The Head of Unit shall ensure that self-monitoring is organised in the operational unit to ensure the quality, safety and relevance of the services. For self-control, a self-control plan must be drawn up, which must be seen in public. The implementation of the plan shall be monitored and services developed from the elderly, their families and their loved ones, and on the basis of regular feedback from the staff of the operating unit.

The Agency for Social Affairs and Health may provide more detailed provisions on the content, preparation and monitoring of the self-control plan.

§ 24
Authority surveillance

Articles 55 to 57 of the Social Welfare Act, Chapter 4 of the Law on Private Social Services, apply to the control and control of services intended for the elderly in order to remedy the shortcomings identified in the framework of supervision. Public health law (186/1972) Articles 42 to 45 and Chapters 4 and 5 of the Private Medical Service Act.

Chapter 5

Outstanding provisions

ARTICLE 25
Notification of the service needs of an elderly person

Where a health care professional or a municipality's social function, a rescue operation, an emergency centre or a police officer in the municipality, within the meaning of the law on health care professionals, has been informed by a social or In the case of an elderly person in need of healthcare who is manifestly unable to respond to his own concern, health or safety, he shall, without prejudice to the provisions of confidentiality, inform the municipality of To the social services authority.

In addition to the provisions of paragraph 1, the healthcare professional shall inform the Social Welfare Authority of the repatriation of an elderly person from the health care facility. The notification shall be made in good time before repatriation.

Any person other than the person referred to in paragraph 1 may lodge a notification without prejudice to the confidentiality provisions relating to him.

§ 26
Publication of waiting times

The municipality shall publish at least every six months of the time in which the elderly person can obtain social services. Information shall be published using methods that are effective for the elderly to obtain information.

§ 27
Design and financing

Save as otherwise provided, the Act on Social and Health Planning and State Aid shall apply to activities organised by the municipality pursuant to this law (1999) And the law on the state of the municipality's basic services (1704/2009) .

ARTICLE 28
Entry into force

This Act shall enter into force on 1 July 2013.

However, Articles 5 and 6 shall apply only from 1 January 2014 and Articles 17 and 23 shall apply from 1 January 2015.

The municipality shall have specific expertise in the fields mentioned in Article 10 by 1 January 2015.

The Elderly Council referred to in Article 11 shall be set at the latest from 1 January 2014.

Before the law enters into force, action can be taken to enforce the law.

THEY 160/2012 , StVM 27/2012, EV 162/2012

Entry into force and application of amending acts:

30.12.2014/1323:

This Act shall enter into force on 1 April 2015.

THEY 164/2014 , StVM 27/2014, EV 195/2014

30.12.2014/135:

This Act shall enter into force on 1 January 2015.

THEY 240/2014 , StVM 32/2014, EV 228/2014

20.3.2015/267:

This Act shall enter into force on 1 April 2015.

THEY 256/2014 , StVM 48/2014, EV 313/2014

10.4.2015/4:

This Act shall enter into force on 1 May 2015.

THEY 268/2014 , HVM 55/2014, EV 348/2014