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Law 39/2006, of 14 December, promotion of Personal autonomy and care for people in a situation of dependence, in accordance with article 16, includes the centres of reference state as members of the network of services of the system resources for autonomy and dependency care.
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.
Community and residential social resources require a continued re-orientation that favours the permanence of the person at risk or in situations of dependency in your usual environment and/or social and family, in line with what makes the law 39/2006, of 14 December.
Within this type of resources, day centres have proved to be an appropriate alternative for increasing the quality of life of the family where lives one person at risk or in a situation of dependence, since they address the problem globally, providing relief and support to the family caretaker, at the same time providing comprehensive care to people who may have dependency problems. Also the availability of a service of temporary accommodation, which optimize 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 State.
This reference state of Soria Centre contributes to cover several aspects: conceptualizing this service model, unify or coordinate certain procedures, standardize the levels of care you should provide day centres, temporary accommodation and units of living in small homes for people at risk or in situations of dependency, as well as laying the foundations for the control of the quality of the care provided in these establishments.
Ultimately, this initiative of the Ministry of health, social services and equality aims to fly a few models of community resources that, based on the knowledge management, then allow the dissemination of good practices in each of the experienced facets. All from budgets for sustainability and effectiveness that enable their replication in environments with limited offer 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 socio-health care for people in a situation of dependence.
1. is created the reference Center state of socio-health care for people in a situation of dependence, of nationwide, located in Soria, under the organic and functional dependence of the Institute for the elderly and social services (IMSERSO).
2 the reference Center state of socio-health care for people in a situation of dependency is constituted as a Center advanced in the promotion, development and dissemination of knowledge, innovative experiences and methods of intervention in the field of socio-health care and support to the family, and as a centre of high specialization comprehensive and multidisciplinary rehabilitation people reversible or chronic dependent arising from physical disability to pay attention promoting their autonomy and a stay in their usual environment.
Article 2. Purposes.
The purpose of the reference Center state of socio-health care for people in a situation of dependence are to promote the improvement of the quality of life of the person in chronic dependency situation or reversible derived from physical disabilities, 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 that allows them to stay in their environment in conditions of dignity.
Article 3. Functions.
For the fulfilment of its purposes, the reference Center state of socio-health care for people in a situation of dependency will develop the following functions: to) manage referral services to promote development, the improvement of the methodologies and the quality of care for persons in situations of dependency. In addition, develop, validate and disseminate good practices in these areas, which serve as reference to other resources in the sector.
(b) develop personalized intervention programs 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 primary caregivers, promoting the creation of groups and networks of self-help of relatives and persons in situations of dependency, support and inform the non-governmental sector.
(d) any other functions entrusted the General direction of the IMSERSO in order to fulfill its purposes.
Article 4. Typology of services.
For the performance of its functions the reference Center state of socio-health care for people in a situation of dependence offers two types of interrelated services: to) reference services: service documentation and specialized website, with information, documentation, orientation, promotion of studies and development of good practice guides.
(b) specialized direct 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 in regime of Centre day and outpatient care, with 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 services intervention with families and caregivers, and 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 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 physical disability.
2 may be users of the services of specialized direct care: to) for services for the promotion of personal autonomy and self-determination, and for the services of temporary accommodation, referred to in item 4.b). 1st and 2nd persons who meet the following general requirements: 1 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 physical disability, or risk of this situation in accordance with the opinion of the multi-professional team.
3rd have fifty or more years old. 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 having 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 family or their environment persons not related to a service professional, as professional caregivers who provide their services in a public institution or private entity, and 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 for disability physical, whether at home or in a centre and non-governmental organizations in the sector of persons with physical disabilities.
Article 6. Selection procedure for users.
1. the selection of the users defined in article 5(2) shall be carried out using tecnico-facultativos criteria by the multi-professional team of the reference Center state of socio-health care for people in a situation of dependence, depending on which are likely to benefit from the services and programs of the same and of the seats available in every moment.
2 such selection will take place in accordance with the following procedure: to) requests for access to services specialized care, solitary day, outpatient or residential care center, will be formulated directly by the persons concerned or, in its case by their legal representatives or through the competent bodies of the autonomous communities, or of entities and non-governmental organizations in the sector of persons with physical disabilities in accordance with the cooperation agreements signed 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 occur in the registry of this Institute, on the Avenue of the Enlightenment, s/n, with return to calle Ginzo de Limia, 58, 28029 Madrid, in the record of the reference Center state of socio-health care for people in a situation of dependence, in calle Enrique Pascual , s/n, carretera de Logroño, Soria, as well as in records and offices to which refers article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
They may also occur by electronic means through the electronic site 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. The maximum period for resolving it and reporting it will be six months from the date on which the request became entry in the register of the General direction 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.
The resolution will put an end to the administrative procedure, and may brought against the same optional replacement appeal before the titular person of the General direction of the IMSERSO, within a month from the day following the notification of the decision, either may be challenged directly before the contentious-administrative jurisdictional order, in the form and time provided for in the 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.
IMSERSO will provide the reference Center state of socio-health care for people in a situation of dependence of the means necessary for the performance of their duties, charged to chapter II of its budget.
Second additional provision. Authorization for the implementation and development of this order.
It authorizes the titular person of the General direction of the IMSERSO to dictate, how many resolutions of application and implementation may be necessary for the fulfilment of the provisions of this order.
First final provision. Skill-related title.
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 into 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.
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