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Order Ssi/1190/2015, Of 18 June, Which Creates And Regulates The Reference Center State Of Socio-Health Care For People In A Situation Of Dependence, In Soria.

Original Language Title: Orden SSI/1190/2015, de 18 de junio, por la que se crea y regula el Centro de Referencia Estatal de Atención Sociosanitaria para Personas en Situación de Dependencia, en Soria.

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TEXT

Law 39/2006 of 14 December on the Promotion of Personal Autonomy and Attention to Persons in a Dependent Situation, in accordance with Article 16, provides for State reference centers as resources of the Network. System Services for Autonomy and Attention to Dependence.

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.

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 cooperation between public and private resources for the promotion and improvement of services in the sector, where their situation so requires.

Community and residential social resources require continued reorientation that will encourage the permanence of the person at risk or in a situation of dependence in his/her usual environment and/or sociofamiliar, in line with what marks Law 39/2006 of 14 December.

Within this type of resource, day centers have proven to be an appropriate alternative for the increase in the quality of life of the family nucleus where a person at risk or in a situation of dependency lives, as they address globally the problem, offering relief and support to the caregiver family, while providing comprehensive care to those who may present problems of dependency. In addition, the availability of a temporary accommodation service, which optimizes the investment effort of this resource from any of its analysis perspectives, offers an unrivaled opportunity for this center to be converted into reference for the rest of the State.

This Soria State Reference Center contributes to covering several aspects: conceptualizing this service model, unifying and/or coordinating certain procedures, homogenizing the levels of care that they must offer the day centres, temporary accommodation and living units in small residences for persons at risk or in a situation of dependency, as well as laying the foundations for the quality of care provided in these establishments.

finally, with this initiative of the Ministry of Health, Social Services and Equality, it is intended to pilot models of Community resources which, on the basis of knowledge management, will subsequently allow for the dissemination of good practice 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 Social and Health Care for Persons in Dependence.

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

2. The State Reference Centre for Socio-Health Care for Persons in the Situation of Dependence is an advanced centre in the promotion, development and dissemination of knowledge, innovative experiences and methods of intervention in the social and health care and support for the family, and as a centre of high specialization that provides comprehensive and multidisciplinary care and rehabilitation to people in a situation of chronic or reversible dependency due to disability physical, promoting their autonomy and a proper stay in their usual environment.

Article 2. Finnish.

The goals of the State Reference Center for Social and Health Care for Persons in the Dependency Situation are to promote the improvement of the quality of life of the person in a situation that is chronic or reversible. physical disability, through an intervention directed by one party, to provide comprehensive care to the person and, on the other hand, to provide the necessary support to the family that allows them to remain adequate in their usual environment in conditions of dignity.

Article 3. Functions.

For the purpose of fulfilling its objectives, the State Reference Center for Social and Health Care for Persons in Dependence 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) Develop personalized intervention programs 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 Social and Health Care for Persons in Dependence offers two types of related services:

(a) Reference services: Documentation service and specialised website, with information, documentation, guidance, promotion of studies and development of good practice guidelines.

b) Specialized direct 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 as a day centre and outpatient care, with a maximum length of stay in the centre of eighteen months, and may be extended, exceptionally, on a proposal from the multi-professional team on the basis of the programme of care. individualised.

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, in the prevention of situations of dependency and the promotion of personal autonomy.

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

1. They may be users and access 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 physical disability.

2. They may be users of Direct Specialist 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. those persons who meet the following requirements general:

1. Be a beneficiary of the Social Security System or be entitled to social service benefits under the law or international convention.

2. Present situation of chronic or reversible dependence on physical disability, or risk of such situation in accordance with the opinion of the center's multiprofessional team.

3. º Be fifty or more years old. Exceptionally, and on 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 suffer from a communicable disease, in active phase, and do not need continuous 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, and professionals and personal assistants who work as self-employed persons who are among their functions to provide services to persons in a situation or at risk of dependence arising from physical disability, whether at home or at a centre and at non-governmental organisations in the physical disability sector.

Article 6. User selection procedure.

1. The selection of the users defined in Article 5.2 shall be made by means of technical-optional criteria by the multi-professional team of the State Reference Centre for People in the State of Dependence, in function of the ability 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 services, in the form of a day centre, outpatient or residential care arrangements, shall be made directly by the persons concerned or, where appropriate, by the persons concerned. legal representatives or through the competent bodies of the autonomous communities, or entities and non-governmental organisations in the sector of persons with physical disabilities, in accordance with the partnership agreements signed, in the official models approved by the IMSERSO General Directorate.

Applications, addressed to the person holding the IMSERSO General Directorate, can be presented in the register of this Institute, on the Avenue of the Enlightenment, s/n, with return to Calle Ginzo de Limia, 58, 28029 Madrid, in the Registration of the State Reference Center for Social and Health Care for Persons in the Situation of Dependence, in Calle Enrique Pascual, s/n, highway of Logroño, Soria, as well as in the Registers and offices referred to in Article 38.4 of the Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of 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 time limit for resolving and reporting it shall be six months from the date on which the solicitude 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 the same replacement of the right of replacement to the person who holds the General Directorate of the IMSERSO, within one month of counting from the day following the notification of the judgment, or may be directly challenged in the judicial-administrative court order, in the form and time provided for in Law 29/1998 of 13 July, regulating 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 Social and Health Care for Persons in a position of dependence on the means necessary for the performance of their duties, under Chapter II of their budget expenses.

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.