Law 39/2006 of 14 December on the Promotion of Personal Autonomy and Care for Persons in a State of Dependence, in accordance with Article 16, provides for the State Reference Centers as the resources of the Network Services of the System for Autonomy and Attention to Dependence (SAAD).

Royal Decree 1226/2005 of 13 October establishing the organic structure and functions of the Institute of Older and Social Services (IMSERSO), attributes to this Institute in its article, 1.2.g) competition in the field the establishment and management of specialised care centres or those to whom special research objectives are assigned to them in the field of State action.

The State Reference Centres are set up as instruments of the General Administration of the State which, in the exercise of their powers, serve as a means of collaboration between public and private resources for the promotion and improvement of services in the sector, where their situation so requires.

Putting into practice and developing the current trends in social policies aimed at people in a situation of dependency, which are faithfully provided for in Law 39/2006 of 14 December, requires a reorientation in design of the resources towards this group of people, favoring those who make possible their permanence in their usual environment and/or sociofamiliar. In this line, the social resources traditionally known as intermediate, appear as an essential link in the necessary continuity between the social, community and residential services, of support and attention.

Within this type of resource, day centers prove to be an appropriate alternative for the increase in the quality of life of the family nucleus where a person in a situation of dependence lives, since they address the problem, offering support to the caregiver family while providing comprehensive care to those with dependency problems. In addition, the availability of a temporary accommodation service that optimizes the investment effort of this resource from any of its analysis perspectives offers an unmatched opportunity for this center to become a reference for the rest of the territory of the State.

This State Reference Center should contribute to covering several aspects: conceptualizing this service model, unifying and/or coordinating certain procedures for action, homogenizing the levels of care that must be offered by the Day centres and temporary accommodation for persons in a situation of dependency arising from intellectual disability, as well as laying the foundations for the quality control of the care provided.

In view of these demands, it is the way in which the State initiative to create a reference center, promoted by the Ministry of Health, Social Services and Equality, is created in the framework of the System for Autonomy and Attention to the Dependence. in order to pilot a resource model based on knowledge management and to generate good practices in each of the facets experienced. All from sustainability and efficiency budgets that enable your replication in environments with limited supply of these types of resources.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Creation of the State Reference Center for Persons in Dependence Situation.

1. The State Reference Center for Persons in the Situation of Dependence, at national level, located in León, is created under the organic and functional dependency of the Institute of Older and Social Services (IMSERSO).

2. The Center of State Reference for Persons in the Situation of Dependence constitutes an advanced center in the promotion, development and dissemination of knowledge, innovative experiences and methods of intervention in the field of care Community and support to the family and as a center of high specialization that, provides comprehensive and specialized care to the basic, therapeutic and social needs of the person in situation of dependency derived from intellectual disability promoting their autonomy and a proper stay in their usual environment.

Article 2. Finnish.

The purpose of the Center of State Reference for Persons in Dependence Situation is to promote the improvement of the quality of life of the person in a situation of dependence resulting from intellectual disability as well as that of his family environment, through an intervention directed by one party to provide comprehensive care to the person and, on the other hand, to offer the necessary support to the family that allows them to maintain their usual ways of life and the adequate permanence in their usual environment in conditions of dignity.

Article 3. Functions.

In order to fulfill its objectives, the State Reference Center for Persons in Dependence Situation will develop the following functions:

a) Manage referral services to promote development, improvement in methodologies and quality of care for people in a situation of dependency. Also, develop, validate and disseminate good practices in these areas, which serve as a reference to other resources in the sector.

b) Promote personalized intervention plans to recover and/or maintain the highest degree of functional independence and personal autonomy, improve or maintain health status, and train people in the best skills for their personal autonomy.

c) Collaborate with families and primary caregivers, promote the creation of self-help groups and networks of families and people in a situation of dependency, and support and inform non-governmental organizations in the sector.

d) Other functions that the IMSERSO General Directorate entrusts in order to fulfill its objectives.

Article 4. Typology of services.

For the development of its functions, the State Reference Center for Persons in Dependence Situation offers two types of related services:

a) Reference services: information services, guidance documentation and research, specialized website, promotion of studies and methodologies for attention and development of guides to good practice on care A direct specialist is provided by the State Reference Centre for Persons in Dependence.

b) Direct specialized care services:

1. Services promoting personal autonomy and self-determination, including social and health care, health care, social care, psychological care and occupational therapy. They may be provided under the centre of the day and outpatient care, and shall have a maximum length of stay in the centre of 18 months and may, exceptionally, be extended on a proposal from the multi-professional team on the basis of the individualized care.

2. Temporary accommodation services, in residence or in the middle of the night, intended for persons who need care in short periods or in night time for family respite or other family needs, more than 15 days, which may also be extended by exceptional circumstances on a proposal from the multi-professional team.

3. Intervention services with families and carers and collaboration with non-governmental organisations in the sector, including information services, counselling, training and training in skills and care everyday, prevention of situations of dependency and promotion of personal autonomy.

Article 5. Users of the services and requirements for their access.

1. They may be users and have access to the Reference Services: the different public administrations, public and private entities and organisations in the sector, research and/or teaching centres, scientific and professional teams and other persons. who work or are interested in situations of dependency arising from intellectual disability.

2. They may be users of the Direct Care Services:

(a) For services to promote personal autonomy and self-determination, and for temporary accommodation services, as referred to in Article 4 (b) 1. and 2. º, those persons who meet the following requirements general:

1. Be a beneficiary of the Social Security System or be entitled to the benefits of Social Services under international law or agreement.

2. Present situation of chronic or reversible dependency arising from intellectual disability or risk of such situation in accordance with the opinion of the center's multiprofessional team.

3. º Forty-five or more years of age. Exceptionally, and on the basis of a proposal from the Centre's multi-professional team, children from the age of 40 may be admitted, provided that the services can be beneficial to the user.

4. Dispose of social, family or community support, sufficient to ensure adequate permanence in the environment.

5. Do not have an active-phase communicable disease, and do not need ongoing medical care in hospital institutions.

6. No changes in behavior that prevent normal living in residential centers.

7. Superar the period of adaptation and observation to be the user of the center, which may not be more than three months, extendable, in exceptional cases, by three others.

b) For intervention services with families and carers and non-governmental organisations in the sector: both the family members or their environment not linked to a professionalised care service, such as professional carers who provide their services to a public institution or private entity, professionals and personal assistants who work as self-employed persons who are among their functions to provide services to persons in or in risk of dependence resulting from the need for intellectual disability support, and Non-governmental organisations in the sector of people with intellectual disabilities.

Article 6. User selection procedure.

1. The selection of the users defined in Article 5.2 shall be made on a proposal from the multi-professional team of the Centre of State Reference for Persons in Dependence Situation, by means of technical and optional criteria depending on the be able to benefit from the services and programmes of the same and the places available at any time.

2. This selection will be performed in accordance with the following procedure:

(a) Applications for access to specialised care services, on a day-to-day basis, outpatient or residential care arrangements, shall be made directly by the persons concerned or, where appropriate, by their legal representatives or through the competent bodies of the autonomous communities, or of entities and non-governmental organisations in the sector of persons with intellectual disabilities, in accordance with the partnership agreements signed, in the official models approved by the IMSERSO Directorate-General.

Applications, addressed to the person holding the IMSERSO General Directorate, may be submitted in the register of the IMSERSO, Avda. de la Illustration s/n, c/v a Ginzo de Limia, 58, 28029 Madrid, in the register of the Reference to the State of Care for Persons in the Situation of Dependence, located in Avenida de Europa with Calle Moises de León, 56, de León, as well as in the registers and offices referred to in Article 38.4 of Law 30/1992, of 26 November, Legal status of public administrations and the common administrative procedure.

They may also be presented by electronic means through the electronic headquarters of the IMSERSO. In this case applications will be available for completion on the website: www.imserso.es.

(b) The procedure shall be terminated by a decision rendered by the titular person of the IMSERSO Directorate-General. The maximum period for resolving and reporting it shall be six months from the date on which the application has entered the register of the IMSERSO Directorate-General.

After the maximum time limit set without the express and notified resolution, the request may be understood, without this exempting the legal obligation to resolve.

The resolution will terminate the administrative route, and may be brought against it, a potential replacement for the person holding the IMSERSO General Directorate within one month from the date of following the notification of the judgment or may be directly challenged before the administrative court order, in the form and time provided for in Law 29/1998 of 13 July, regulator of the Jurisdiction Administrative-administrative dispute.

Additional disposition first. Funding.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

The IMSERSO will provide the State Reference Center for Human Services in a position of dependence on the means necessary for the performance of its duties, under Chapter II of its expenditure budget.

Additional provision second. Authorization for the application and development of this order.

The holder of the IMSERSO General Directorate is authorized to dictate, how many enforcement and enforcement resolutions are necessary for compliance with the provisions of this order.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.17. of the Constitution, which attributes exclusive competence to the State in matters of basic legislation and the economic regime of Social Security.

Final disposition second. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, June 18, 2015. -Minister of Health, Social Services and Equality, Alfonso Alonso Aranegui.