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The Law Of Obligations And The Control Of The Cross-Cutting Strategies For The Reduction And Support For Experiments (31.12.2016)

Original Language Title: Laki kuntien velvoitteiden ja ohjauksen vähentämistä ja monialaisten toimintamallien tukemista koskevista kokeiluista (voimassa 31.12.2016 saakka)

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Law to reduce the obligations and guidance of local authorities and to support multi-sectoral approaches (until 31 December 2016)

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 aim of this law is to increase the scope for experimentation by reducing the obligations imposed on them by law or by the provisions adopted under it, as well as the guidance of their implementation. The purpose of the law is to promote the development and use of customer-oriented and multi-disciplinary practices and service structures in the pilot communities, in order to enable the municipalities to carry out their tasks in an economically and productive manner. , however, the requirements of the legislation on the content of services are implemented.

ARTICLE 2
Pilot experiments and associated municipalities

Municipalities, municipalities, groups of municipalities, municipalities, municipalities, municipalities and municipalities ( Experimentation ), which may participate in municipal experiments, include:

1) an experiment involving the integrated approach of well-being to Kouvola, Kuopio and Oulu and the Hämeenlinna, Hattula and Janakkala municipal group, Joensuu, Kontiolahti and Liper, the Jyväskylä, Hankasher, Joutsan, Luka, Luhanga, Chanukah, Bacon, Toivaka, Toivato and Uranus, Lappeenranta, Imatra, Lem, Luke, Savitaipales, Taipalisland, Fleet, Parikkala, Iron Lake and Feed, and this group of municipalities The social and economic interests of southern Karelia The local health service group as well as a fitness group formed by Tampere, the Kangasala, Nokia, Pirkkala, Vesdelight and Lake Ascension;

(2) an experiment involving education and training services which can take part in the fitness group of Riihimäki, Hausjärvi and Lope;

3) an experiment involving the supervision of the activities of the municipalities, to which the Kuopio and Jyväalmen, Hankasalmen, Joutsa, Luka, Luhanga, Luhanga, Petäice, Petäice, Toivaka and Uuras, Tampere, Kangasala, Nokia, Pirkkala, The Aquitaine and Resurrected fitness group and the fitness group of Vaasa and the Black Isle;

(4) an experiment involving housing services, which may take part in Kouvola and Vantaa, as well as a fitness group of Joensuu, Kontivolahden and Liper, and a fitness group formed by Riihimäki, Hausjärvi and Lope;

(5) an experiment involving cooperation between municipalities and the People's Pensions Office, which may be open to Vantaa;

6) an experiment involving young people at Helsinki, Kouvola, Oulu, Rovaniemi and Vantaa, as well as the fitness group of Forssa and Ypäder, of Joensuu, Kontiolahden and Liper, Jyväskyme, Hankasalmen, Joutsa, Lauka, In the case of Luhanga, Moonrame, Petälwater, Toivaka and Uurainen, the Lake of Lake, Hyvinea, Kerava, Mäntsälä, Sipoo, Porwomen, Nurmijärvi and Tuusula, Lahti, Hollola, Hämeenkoski, Iit, Carrot and Nastola Together with Lappeenranta, Imatran, Lem, Plum, A municipal group of Savitaiae, TypalIsland, Parikkala, Rautjärvi and Feed, and the Social and Health Association of Southern Karelia, set up by municipalities belonging to this group of municipalities.

Chapter 2

Pilot project on the integrated approach to welfare

ARTICLE 3
Promotion of an integrated approach to welfare

The aim of the experiment with regard to the integrated approach to welfare is to promote the creation and use of customer-oriented and multi-professional approaches in the organisation and production of statutory services in the municipality, with the aim of achieving effective and Effective action. In addition, the purpose of the experiment is to promote a broad-based contribution to the operation of a person using the services ( Customer ) The processing of information on living conditions and individual service needs in the interests of his/her interests and the protection of his personal life and personal data.

§ 4
Joint service plan for multidisciplinary cooperation

The individual service plan referred to in this Article may be partially or totally combined with one or more other individual service plans, provided that the combination can be considered to be justified for the customer's service. The purpose of the combination is to coordinate the customer's various service needs and services in an appropriate manner and to improve the efficiency of the administration. However, the joint service plan may only contain information necessary for the customer's service.

Notwithstanding any other law or law provided for by a municipal authority to draw up a service plan, in accordance with the conditions laid down in paragraph 1, the following law may, in part or in whole, be combined with the following: Or the plans provided for in the Regulation:

1) on the status and rights of the social welfare customer; (12/2000) The service and management plan referred to in Article 7 of the Act;

2) Social Security Act (710/1982) The customer maintenance plan referred to in the provisions adopted;

(3) the rehabilitation of the (1999) The activation plan referred to in Article 5;

4. On the promotion of integration (13/106/2010) The integration plan referred to in Article 11;

(5) health care (1326/2010) The treatment and rehabilitation plan referred to in Article 24, the home care and service plan referred to in Article 25 and the medical rehabilitation plan referred to in Article 29;

6) on the status and rights of the patient (1999) The plan for research, treatment or medical rehabilitation, as referred to in Article 4a of the Act;

(7) the plans for the provision of counselling, school and study health care and the prevention of children and adolescents, as provided for in the Health Care Act;

(8) the law on services and support measures to be organised on the basis of disability (380/1987) The service plan of the disabled person referred to in Article 3a;

(9) The Law on the Special Care of Persons with Disabilities (519/1977) Specific management within the meaning of the provisions adopted pursuant to the provisions adopted;

(10) the substance of substance (1999) The customer rehabilitation plan referred to in the provisions adopted;

(11) the law on the support of property (1920/2005) The management and service plan referred to in Article 7;

(12) Support for the functioning of the ageing population and the social and health services of the elderly (990/2012) The service plan referred to in Article 16;

13) on child protection (19/2007) The child-and family-specific need for child protection, as referred to in Article 3, and the customer plan and the customer plan referred to in Article 30;

14) on children's day care (186/1973) The rehabilitation plan referred to in Article 7a (7) of the Act;

(15) Basic education (18/08/1998) The learning plan for the enhanced support referred to in Article 16a and the plan for the organisation of personal education, as referred to in Article 17a and the personal plan referred to in Article 36a, as well as the education of the dismissed pupils Organisation;

(16) vocational training (30/1998) Article 20 of the Act concerning the organisation of personal education.

The special maintenance programme referred to in Article 34 of the Law on Special Care for Persons with Disabilities and the special aid decision in accordance with Article 17 (2) of the Basic Education Act may be reconciled with the individual With the service plans in the same cross-cutting process.

§ 5
Management of common service plans

The decision to merge the plans referred to in this Act shall be taken by the competent multi-member institution of the municipality. The decision shall determine which office or unit of action of the municipality shall be responsible for the examination of the plans. In the case of pilot activities, the law on the reform of municipal and service structures (169/2007) The municipal consortium referred to in Article 5, of which the municipality is a member, decides on a multi-member institution of the consortium to contribute to the initiation of an examination of the plans and of which the institution of the consortium or the unit of activity of the consortium is responsible. The experiment with the plans to merge.

Design and implementation of plans to combine plans may take place as a cross-sectoral cooperation if the combined plans fall within the scope of the different activities of the different authorities or the same authority, or if cross-sectoral cooperation is otherwise Necessary to carry out the experiment and its purpose.

The multidisciplinary cooperation referred to in paragraph 2 shall include different authorities and other actors in accordance with the customer's service needs. One of the participating professionals will act as customer manager.

ARTICLE 6
Disclosure of confidential information

For the purpose of combining and executing the information held in secret, the information shall be disclosed with the express consent of the client or if the law so expressly provides.

In addition to the provisions of paragraph 1, confidential information may be disclosed for the purpose of combining and executing the plans if:

(1) the client, due to illness, disability or other comparable reason, is not subject to an assessment of the importance of the consent to be given and has no legal representative; and

(2) it is necessary, in accordance with the purpose of this law, to establish whether the combination of the plans can improve the customer's service package in order to provide him with care and maintenance or other services.

On the basis of paragraphs 1 and 2, the information kept in the secret shall not be disclosed to a greater extent than is necessary to achieve the purpose of the consolidation of the plans. In addition, under paragraph 2, confidential information may not be disclosed in breach of the client's explicit prohibition if he/she is in a position to assess the meaning of the prohibition.

In the situations referred to in this Article, personal data may be transferred and used by means of a technical service.

§ 7
Deposits of personal data

Personal data shall be included in the joint service plan only to the extent necessary for the purpose of the consolidation of the plans.

The client responder, as referred to in Article 5 (3), may deposit the joint service plan and the other supporting documents and information in the register to be established for them. The register shall be operated by a municipal agency or an operational unit within the meaning of Article 5 (1) or a consortium of municipalities. The client shall be entitled to access to the register without prejudice to the information on its client.

Without prejudice to the confidentiality rules, a professional person participating in a multi-disciplinary cooperation shall, without prejudice to the provisions of the joint service plan, and any other information obtained in the context of customer cooperation, be deposited in the registers of the organisation that they represent. From the point of view of the performance of the functions and services of the organisation that he represents.

Under the conditions laid down in Article 6, a professional person participating in a multidisciplinary partnership may, notwithstanding the provisions of confidentiality, be allowed access to the information on its clients entered in the register referred to in paragraph 2.

In the situations referred to in this Article, personal data may be transferred and used by means of a technical service.

§ 8
Processing of data for operational planning

The information contained in the personal records of the municipality's authorities may be combined with the planning and evaluation of activities, in accordance with the law of the public authorities (18/09/1999) And the Personal Data Act (523/1999) Provides. The identification of the identity and other identification details used for the combination shall be deleted immediately after the combination. The information obtained through the combination shall not be divulged and shall be disposed of immediately after the statistics and other reports have been completed, at the latest six months after the date of the merger.

The provisions of paragraph 1 shall also apply to the consortium of municipalities covered by the experiment.

Chapter 3

Training in education services

§ 9
Promoting a training service model

Through cooperation between municipalities, the purpose of the training exercise is to improve the conditions for access to educational institutions and staff in secondary education after primary school. In particular, the aim is to gain experience in administrative cooperation in high school education.

Chapter 4

Pilot exercise on the supervision of the municipalities

ARTICLE 10
Promoting a model for the supervision of municipalities' activities

The purpose of the experiment on the supervision of the activities of municipalities is to increase the scope for experimentation in the organisation and production of social and health services provided by municipalities through the creation of new business models Control and control.

The purpose of this experiment is to reduce the established practice of detailed recommendations and guidelines. The aim is to introduce new indicators by promoting customer-orientation and cooperation between local authorities, cooperation between public authorities and local authorities and the elimination of overlaps with a view to the correct allocation of controls. And the reduction of the workload for municipalities and supervisors.

ARTICLE 11
Management of the activities of the regional administrations

The activities referred to in Chapters 4 and 5 of this Act may derogate from the provisions of Article 3 (3) of the Social Welfare Act, (186/1972) Article 2 (3), Special Care Act (18/02/1989) § 5 (3) of the mental health law (1116/1990) Article 2 (3), Article 3 (3) of the Law on Special Care for Disabled Persons, Private Health (152/1990) Article 13 (3) and the Law on Private Social Services (2011) Article 33 (2) provides for the role of the Agency for Social and Health Care and Control to channel the activities of the Regional Administrative Agencies in order to harmonise their policies, policies and solutions to social and health care Under the supervision and control.

ARTICLE 12
Introduction and promotion of indicator-based supervision

The Agency for Social Affairs and Health and the regional administrative bodies shall apply the performance of the activities defined in the Agreement referred to in the Agreement referred to in the Agreement referred to in Article 16 above: Indicative indicators. These indicators can describe the availability of services, customer service needs, health or functional development, customer satisfaction and other quality of service.

During this period, the municipality will also monitor the development of the economy and productivity of services.

ARTICLE 13
Development of control

The municipality involved in the development of self-monitoring shall draw up a self-control programme for the activities and services concerned. The programme sets out how the realisation and quality of social and health care services and the equality of people using services are ensured. The self-monitoring programme also states how the implementation, quality and equality of services will be monitored and how the shortcomings found will be corrected.

The self-control programme and the reporting of its implementation shall be agreed with the pilot municipalities in accordance with Article 16.

In the case of services specified in the pilot programme included in the pilot programme, the municipality's supervision during the trial period is primarily carried out as monitoring of the implementation of self-control.

During this period, the municipality will also monitor developments in the cost, economy and productivity of services.

ARTICLE 14
Development and supervision of cooperation

Cooperation on the development of cooperation will develop the interaction and forms of cooperation between regional and local authorities in the implementation of guidance and supervision.

The Regional Administrative Agencies and the Social and Health Authorisation and Control Agency may carry out guidance and evaluation visits to pilot areas. The guidance and evaluation visits and their programme shall be agreed in advance with the municipality concerned.           

§ 15
Application of the experiment under the supervision of private social services

Notwithstanding the provisions of the Law on Private Social Services, the licensing authority may grant a service-specific authorisation to the private social service provider for the provision of services for a period of time during a trial period, provided that such services: Is produced in the area of the experiment and in so far as the permit conditions apply to the service.

However, in the case of holdings, a limited period may be granted only where the activity corresponding to the former activity continues in the same premises, where immediately prior to the application, the municipality or any other service provider has been active.

In the cases referred to in paragraphs 1 and 2, the provisions of Articles 11 to 14 shall apply to the provision of private social services during the trial period.

ARTICLE 16
Agreements on the control of pilot sites

In the case of pilot contracts between the State and local authorities, an experimental site for experimentation, performance indicators and reporting of results shall be agreed in the field of regulatory control.

Chapter 5

Residential services experiment

§ 17
Promoting a housing service model

The purpose of the experiment on housing services is to promote the creation and implementation of new concepts of housing services for the elderly, people with disabilities and other persons belonging to specific groups, with a reduction in cost-pressure guidance, and In accordance with the established principles of housing services.

ARTICLE 18
Promotion of the family management approach

The purpose of the family treatment experiment is to promote the use of family care.

Without prejudice to family carers (312/1992) Article 1 provides for the possibility for experimentation with a family manager to arrange for short-term and temporary family care to be arranged in a customer's home or municipality, in a state suitable for family care.

§ 19
Monitoring of residence services

When operating grants to improve housing conditions for special groups (1281/2004) As a State aid authority within the meaning of Article 10, the Centre for the Financing and Development of Housing complies with the provisions of Article 17 of this Law.

In the case of trials, the Agency for Social Affairs and Health and the Regional Administrative Agencies shall apply the monitoring of the indicators referred to in Article 12 under the supervision of the activities relating to housing services.

§ 20
Agreements on housing services

In the case of pilot contracts between the State and local authorities, an agreement is reached on the indicators and reporting on the performance of housing services and on the performance of housing services.

Chapter 6

Pilot project on cooperation between municipalities and the People's Pension Fund

ARTICLE 21
Promotion of the concept of cooperation between municipalities and the People's Pension Fund

The purpose of the cooperation experiment between the municipalities and the People's Pensions Office is to promote cooperation between the municipality and the National Pensions Office in the field of income support services, with the aim of providing a properly timed service based on the information provided by the customer. A reduction in workload and overall costs for the municipality.

§ 22
Cooperation between the municipality and the People's Pension Fund on the application for assistance

The Social Insurance Institution may, on behalf of the Municipality, take charge of the Income Support Act (19/05/1997) And deposit the information contained in the application in the customer register of the subsistence allowance. The mandate is governed by the law of the public administration (2006) Unless otherwise provided for in this Act.

ARTICLE 23
Reception and processing of applications for income support

Following the entry into force of the contract for the purposes of the Public Administration Act, the applicant may submit an application for an income support to the Office of the National Pensions Office in the municipality. An application for income support shall be lodged after the application has arrived at the People's Pension Fund. Upon receipt of the application, the National Pensions Office shall deposit the information contained in the application and its annexes to the customer register of the municipality for the purposes of processing the income support case.

For the purposes of supporting the subsistence allowance, the Social Insurance Institution may deposit the municipality of residence of the municipality with the income and wealth information necessary for the purposes of dealing with the subsistence allowance in its possession or the municipality's social services The data referred to above by means of a technical service.

The Social Insurance Institution may provide the applicant with information stored in the customer register of the municipality with regard to the maintenance and processing of the subsistence support case.

Chapter 7

The Youth Guarantee experiment

§ 24
Promotion of the Youth Guarantee approach

"Youth" refers to this law, which aims to provide every young person under 25 years of age and less than 30 years of work, training, study, workshop, or rehabilitation within three months; Becoming unemployed. The aim of the Youth Guarantee Section is to guarantee everyone who has just completed their primary school in high school, vocational training, apprenticeships, workshops or rehabilitation.

The aim of the "Youth Guarantee" experiment is to promote the interaction and flow of information between the relevant customer-oriented processes and the public authorities and the labour and business administration, with the aim of efficient and effective services, and Services for young people covered by the Youth Guarantee.

ARTICLE 25
Agreements on cooperation between local authorities and employment and business offices

In order to facilitate cooperation processes in the field of youth guarantee, in the case of pilot contracts between the State and local authorities, it shall be agreed to appoint, for the purposes of the Youth Guarantee Experiment, the liaison officers of the employment and business offices, the grant agreements and the application of the Working time, cooperation in promoting the employment of young graduates and cooperation on the conclusion of an activation plan.

In addition, the local authorities may also agree on other forms of cooperation necessary for the implementation of the Youth Guarantee agreement between the municipalities and the work and business offices.

The provisions of paragraphs 1 and 2 shall also apply to a consortium of municipalities within the scope of the experiment.

§ 26
Procedure for multi-disciplinary cooperation in the Youth Guarantee

The multisectoral cooperation of the Youth Guarantee shall be carried out in accordance with Chapter 2 which provides for the integration of individual service plans in the joint service plan, the management of joint service plans, the tasks of the customer, in secret. On the transmission of data for the consolidation and implementation of plans, the deposit of personal data and the processing of data for operational plans. However, Article 6 (2) and (3) shall not apply to the experiment.

In addition to the plans referred to in Article 4 (2), the client's joint service plan may combine other service plans or the information obtained in the case of cross-sectoral cooperation, which is necessary for the cross-cutting cooperation of the Youth Guarantee experiment, and The customer's service needs.

Chapter 8

Outstanding provisions

§ 27
Professional secrecy and prohibition of exploitation

A person who, on the basis of a service or contract relationship, deals with confidential information or information obtained under this law, the processing of which is subject to the limitations of the law, the obligation of professional secrecy and the prohibition of exploitation, Which the law on public access to public authorities provides for the obligation of professional secrecy and the prohibition of abuse.

ARTICLE 28
General guidance and monitoring of experiments

The Ministry of Finance is responsible for cooperation between the Ministry of Employment and the Economy, the Ministry of Education and Culture, the Ministry of Social Affairs and Health and the Ministry of the Environment, the National Board of Education, the National Board of Education, Social Affairs and Health, and General guidance and monitoring of the implementation of the experiment with the Agency and the Agency for Housing and Development. Steering and monitoring shall be carried out in cooperation with the municipalities and the consortium participating in the trials.

§ 29
Experimental contracts

The Ministry of Finance, the Ministry of Education and Culture, the Ministry of Employment and the Economy, the Ministry of Social Affairs and Health and the Ministry of the Environment are conducting a written agreement with the Experiment on the implementation of the experiment. The agreement shall agree at least on:

(1) the municipality, the group of municipalities and the consortium;

(2) where a municipality, a group of municipalities or a consortium of municipalities is involved in an experiment under this law;

(3) the experimental sites in each trial involving the municipality, group of municipalities or the consortium;

(4) what the indicators of the examination of the control referred to in Article 16 and the indicators on housing services referred to in Article 19 are under the supervision of the municipality or group of municipalities;

(5) in which indicators the development of experimental sites is described in the performance models of the experiment referred to in paragraph 4;

6) how the municipality and the local authorities report on the development measures carried out in the experiment and the development of indicators under the pilot agreement to the State during the experiment.

ARTICLE 30
Taking account of changes in the distribution of municipalities

If the municipality involved in the experiment ceases to exist in municipal structures (1698/2009)  , will continue experimentation in the new municipality.

ARTICLE 31
Entry into force

This Act shall enter into force on 5 January 2015 and shall be valid until 31 December 2016.

THEY 117/2014 , HaVM 31/2014, SiVL 13/2014, StVL 11/2014, EV 203/2014