Order Ssi/1189/2015, June 18Th, Which Creates And Regulates The Reference Center State Of Care For People In A Situation Of Dependence, In León.

Original Language Title: Orden SSI/1189/2015, de 18 de junio, por la que se crea y regula el Centro de Referencia Estatal de Atención a Personas en Situación de Dependencia, en León.

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6843

The law 39 / 2006, of 14 of December, of promotion of the autonomy Personal and attention to them people in situation of dependency, according to the article 16, contemplates to them centers of reference state as resources members of the network of services of the system for the autonomy and attention to the dependency (SAAD).

The Royal Decree 1226 / 2005 of 13 October, which establishes the organizational structure and functions of the Institute for the elderly and social services (IMSERSO), attributed to this Institute in its article 1(2). g) competition in the field of the establishment and management of centres of specialized care or those who are assigned special objectives of State scope.

State reference centres are set up as instruments of the General Administration of the State which, in the exercise of its powers, serve as channel for collaboration between the public and private resources for the promotion and improvement of services in the sector, when the situation so requires.

Implement and develop current trends of social policies aimed at persons in situations of dependency, referred to faithfully in law 39/2006, of 14 December, demands a reorientation in the design of resources towards this group of people, favouring those who make possible their permanence in their usual environment and/or social and family. In this line, the resources social traditionally known as intermediate, appear as link essential in the continuity necessary among them services social, community and residential, of support and attention.

Within this type of resources, day centres prove to be a suitable alternative for increasing the quality of life of the family nucleus with a person in a situation of dependence, since globally addressing the problem, providing support to the family caregiver to provide comprehensive care to people who have problems with dependence. Also the availability of a service of temporary housing that optimizes the investment effort of this resource from any of its analytical perspectives, offers an unparalleled opportunity for this Center can become a reference for the rest of the territory of the State.

This center of reference State must contribute to cover several aspects: conceptualize this model of service, unify or coordinate certain procedures of performance, homogenize them levels of attention that must offer them centers of day and them accommodation temporary for people in situation of dependency derived of disability intellectual, as well as sit them bases for the control of the quality of the attention lent.

View these requirements, it is as it comes within the framework of the system for autonomy and attention to the dependency the State initiative to create a focal point, promoted by the Ministry of health, social services and equality, with the purpose of piloting a model of resource based on the knowledge management and generate good practices in each of the experienced facets. All this from budgets of sustainability and effectiveness that enable its replica in environments with offer limited of this type of resource.

By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Creation of the reference Center state of care for people in a situation of dependence.

1. is creates the center of reference state of attention to people in situation of dependence, of field national, located in Leon, low the dependence organic and functional of the Institute of higher and services social (IMSERSO).

2 Reference Center state of attention to people in a situation of dependency is constituted as an advanced Center in the promotion, development and dissemination of knowledge, innovative experiences and methods of intervention in terms of attention sociocommunity and family support and center of high specialization which provides comprehensive and specialized attention to basic needs , therapeutic and social of the person in situation of dependence derived of disability intellectual promoting their autonomy and a permanence adequate in its environment usual.

Article 2. Purposes.

The purpose of the reference Center state of care for people in a situation of dependence are to promote the improvement of the quality of life of the person dependent for intellectual disabilities as well as that of their family environment, through an intervention directed on the one hand to provide comprehensive care to the person and, on the other to offer the necessary support to the family allowing them to maintain their normal way of life and the permanence adequate in their environment in conditions of dignity.

Article 3. Functions.

(For the compliance of their purposes, the center of reference state of attention to people in situation of dependency will develop them following functions: to) manage services of reference to promote the development, it improves in them methodologies and the quality of the attention to people in situation of dependency. In addition, develop, validate and disseminate good practices in these areas, which serve as reference to other resources in the sector.

(b) promote personalized intervention plans for recovering and/or maintaining the highest level of functional independence and personal autonomy, improve or maintain health status and train people with the best skills for their personal autonomy.

(c) collaborate with families and caregivers main, boost the creation of groups and networks of self-help of family and people in situation of dependence, and support e report to the organizations not Government of the sector.

(d) any other functions entrusted the General direction of the IMSERSO in order to fulfill its purposes.

Article 4. Typology of those services.

For the performance of its functions the reference Center state of attention to people in a situation of dependence offers two types of interrelated services: to) reference services: information services, guidance documents and research, specialized website, promoting studies and methodologies of care and development of guides to good practice on direct specialist care that provides the reference Center state of attention to people in a situation of dependence.

(b) direct skilled care services: 1 services for the promotion of personal autonomy and self-determination, including socio-health care, care of the health, social care, psychological care and occupational therapy. They may provide day and outpatient care center contract, and will have a maximum duration of stay in the Centre of eighteen months, and may expand, exceptionally, on the proposal of the multi-professional team based on individualized care program.

2. services of temporary accommodation, residence or center of night, intended for people requiring care in short periods of time or at night for family respite or other family, needs no more than fifteen days, which can also be extended by exceptional circumstances a proposal of multi-professional team.

3rd intervention with families and carers and services collaboration with non-governmental organizations in the sector, including services of information, advice, education and training in skills and everyday care, prevention of situations of dependency and promotion of personal autonomy.

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

1 may be users and access to reference services: public administrations, public and private entities and sector organizations, centres of research or teaching, scientific and professional teams and others who work or are interested in the situations of dependence arising from intellectual disabilities.

2 may be users of the services of specialized direct: to) for services for the promotion of personal autonomy and self-determination, and for the services of temporary accommodation, referred to in Article 4B) 1st and 2nd, those people who meet the following general requirements: 1 to be beneficiary of the Social security system or be eligible for social services by virtue of law or International Convention.

2. present situation of chronic or reversible dependency arising from intellectual disabilities or risk of this situation in accordance with the opinion of the multi-professional team.

3rd be forty and five or more years of age. Exceptionally, and on the proposal of the multi-professional team ages below the age of forty, may be admitted provided that services may be beneficial to the user.

4th have a social, family or community support sufficient to ensure adequate permanence in the environment.

5 not suffering from a communicable disease in active phase, and not need care continuing medical in hospitals.

6 do not suffer from alterations of behavior that prevent normal living in residential centres.

7th overcome the period of adaptation and observation to be a user of the Center, which may not be older than three months, extendable, in exceptional cases, by other three.

(b) for the services of intervention with families and caregivers and non-governmental sector organizations: both persons family or their environment not related to a service professional, as professional caregivers who provide their services in a public institution or private entity, professional and personal assistants who work as freelancers, which among its features is the provision of services to people in situation or risk of dependence arising from the need of support by disability intellectual, and those organizations not Government of the sector of people with disability intellectual.

Article 6. Selection procedure for users.

1. the selection of the users defined in article 5(2) shall be carried out on the proposal of the multi-professional team of the reference Center state of care for people in a situation of dependence, using tecnico-facultativos criteria according to which are likely to benefit from the services and programs of the same and of the seats available in every moment.

(2. such selection is held of accordance with the following procedure: to) them requests for access to them services of attention specialized, in regime of Center of day, of regime outpatient or of attention residential, is be formulated directly by them people interested or, in its case by their representatives legal or through them organs competent of them communities autonomous , or of entities and non-governmental organizations in the sector of persons with intellectual disabilities, in accordance with the signed cooperation agreements, in the official models approved by the Directorate General of the IMSERSO.

Applications, aimed at the titular person of the General direction of the IMSERSO, may be submitted to the registry of the IMSERSO, Avenue of the illustration s/n, c/v to Ginzo de Limia, 58, 28029 Madrid, in the register of the reference Center state of care for people in a situation of dependency, located in the Avenue of Europe with street Moses de Leon , 56, of Leon, as well as in them records and offices that is concerns the article 38.4 of the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedure administrative common.

Also may present is by means electronic through the headquarters electronic of the IMSERSO. In this case the applications will be available for filling in the web page: www.imserso.es.

(b) the procedure should be completed through judgment by the titular person of the General direction of the IMSERSO. He term maximum for resolve it and notify it will be of six months counted from the date in that it application has had input in the record of the address General of the IMSERSO.

After the established deadline unless it has issued and notified express resolution, the request is can understand dear, unless it exempts the legal obligation to resolve.

It resolution will put end to it via administrative, can filed is against it same, resource optional of replacement before the person holder of it address General of the IMSERSO in the term of a month to count from the day following to the of it notification of it resolution or may be contested directly before the order jurisdictional contentious administrative, in the form and term expected in it law 29 / 1998 , of 13 July, regulating the contentious jurisdiction.

First additional provision. Funding.

The measures included in this standard may not assume increased allowance or remuneration of other staff costs.

The IMSERSO will provide to the center of reference state of attention to people in situation of dependence of them media necessary for the compliance of their functions, with charge to the chapter II of its budget of expenses.

Provision additional second. Authorization for the implementation and development of this order.

Is authorizes to the person holder of the direction General of the IMSERSO to dictate, few resolutions of application and execution are necessary for the compliance of it willing in this order.

Available end first. Title competence.

This order is issued under cover of the provisions of article 149.1.17. ª of the Constitution, which attributes to the State the exclusive competence in the field of basic legislation and economic regime of the Social Security.

Second final provision. Entry in force.

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

Madrid, 18 June 2015.-the Minister of health, social services and equality, Alfonso Alonso Aranegui.