Read the untranslated law here: https://parlamento.gub.uy/documentosyleyes/leyes/ley/19353
SYSTEM national integrated of care (SNIC) creating the Senate and the Chamber of representatives of the Republic East of the Uruguay, gathered at General Assembly, DECREED: System national integrated of care chapter I provisions general article 1. (Statement of general interest)-declared of general interest the universalization of the care people dependent. Article 2º. (Purpose of the law).-this law aims at the promotion of the development of the autonomy of persons in situation of dependence, their care and assistance, through the establishment of national integrated system of care (SNIC), as actions and measures aimed at the design and implementation of public policies that constitute a solidary and responsible families model State, community and market. Section 3. ((Definitions)-for the purposes of this law means: to) care: actions which dependent persons should receive to ensure his right to the attention of basic needs of daily life and activities for lack of autonomy to perform them themselves. It is both a right and a social function that involves the promotion of the development of personal autonomy, attention and assistance to dependents.
(B) care system: the set of public and private actions that give direct assistance to activities and basic needs of daily life of the people who are in a situation of dependence. It includes an articulated set of new capabilities, coordination, consolidation and expansion of existing services, as also the regulation of people who meet care services.
(C) autonomy: the ability to monitor, address and, on its own initiative, make decisions about how to live and develop activities and basic needs of daily life, contemplating the equitable cooperation with others.
(D) dependency: the State that requiring the care of other persons or other persons or important supports for basic activities and needs of daily life.
The assessment of the level of dependency of individuals to perform basic activities and meet needs of everyday life, shall be determined by the application of the scale which issued the regulation for this purpose. Activities and basic needs of daily life will be defined in the regulations. Article 4. (Principios y directrices deel Sistema Nacional Integrado de Cuidados).-are the principles and guidelines of the SNIC: to) the universality of rights to care, services and benefits for all persons in situations of dependency, in conditions of equality, in accordance with the applicable rules.
(B) the escalation in the implementation and access to services and benefits for all persons in situations of dependency, in the terms established in the legislation.
(C) the articulation and coordination of policies of care with the set of policies to improve the quality of life of the population.
(D) equity, continuity, opportunity, quality, sustainability and accessibility of the services and benefits of care to persons in situations of dependency, as well as consideration of their preferences about the type of care received.
(E) quality workers and integral, that according to rules and protocols, respect the rights of recipients of care.
(F) the permanence of persons in situations of dependency in the environment where to develop your everyday life, whenever possible.
(G) the inclusion of gender perspectives and generational, taking into account the different needs of women, men and age groups, promoting the cultural improvement of the sexual division of labour and the distribution of duties of care among all actors in society.
(H) the solidarity in financing, ensuring sustainability in the allocation of resources for the provision of comprehensive care. Chapter II rights and obligations of persons in situations of dependency, and those who provide care article 5. (Derechos de las personas en situación de dependencia).-recognized persons in situations of dependency, without prejudice to the rights which establish the rules applicable: to) the exercise of human rights and fundamental freedoms, with full respect for their personality, human dignity and privacy.
((B) to receive, in terms understandable and accessible, complete and updated information related to: 1) the situation of dependency.
(2) the services and benefits that may eventually accessed.
(3) the requirements and conditions for making use of them.
(4) policies and programs of care and comprehensive care that are implemented in the field of the SNIC.
(C) the protection and confidentiality of all information with your process and, where appropriate, related to their stay in institutions which provide care services and observance of the principle of prior informed consent for the treatment of the same, according to the applicable regulations.
(D) the equal opportunities, not to suffer discrimination on grounds of race, ethnicity, sexual orientation or gender identity, age, language, religion, socio-economic situation, opinions of any kind, birth or national origin or any other circumstance, whether personally refers to them as her family.
(E) universal accessibility to services and benefits provided for in the applicable legislation. The State, considering their budget availabilities, be provided to persons in situations of dependency, the protection to their rights to the extent necessary and sufficient, ensuring the greatest possible degree of development of their personal autonomy. 6 article. (Obligaciones de las personas usuarias deel Sistema Nacional Integrado de Cuidados).-dependent and, where appropriate, persons who represent them, will be especially forced a: A) supply the information and data required them by the competent authorities for the assessment of the degree of dependence.
(B) communicate all types of aid, benefits or services received.
(C) apply the economic benefits to the purposes for which they were granted.
(D) reporting their incomes and patrimonial situation.
(E) any other obligation provided for in the applicable legislation. 7 article. (Obligations of those who provide care).-the people who provide care services, are physical or legal, public or private, must comply with all the obligations provided for legislation regarding such activity. Article 8. (Ámbito subjetivo de aplicación).-are holders of the rights established in this law: to) those who are in situations of dependency, considering as such persons requiring specific support for the development of its activities and the satisfaction of the basic needs of daily life. For this reason, persons in situations of dependency are considered: 1) children up to twelve years.
(2) persons with disabilities who lack autonomy to develop activities and attend if same basic needs of daily life.
(3) people over age 65 who lack autonomy to develop activities and attend if same basic needs of daily life.
(B) service providers of care. The Executive branch shall regulate the conditions of access to the services and benefits that are part of the SNIC. Chapter III national system integrated care article 9. (Objetivos deel Sistema Nacional Integrado de Cuidados)-el-SNIC shall pursue the following objectives: to) pushing a model of comprehensive care benefits based on articulated policies, comprehensive programs and actions of promotion, protection, intervention, and, whenever possible, the recovery of the autonomy of those who are in situations of dependency.
(B) promote participation articulated and coordinated services and benefits of care, public and private providers.
(C) promote the optimization of public and private care, rationalizing the use of human resources, materials, financial and capacity and resources to create.
(D) to promote the regulation of all aspects relating to the provision of public and private of the SNIC services.
(E) to professionalize the tasks of care through the promotion of education and training of persons who provide care services, encouraging their continuous professional development, work in interdisciplinary teams, scientific research, promoting the active participation of workers and persons in situations of dependency.
(F) promote the change of the current sexual division of work, integrating the concept of stewardship of gender and generational as a guiding principle.
(G) promoting territorial decentralization, looking to contemplate the specific needs of each community and territory, establishing agreements and joint actions with departmental and municipal governments when appropriate. Article 10. (Members of the national integrated system of care).-integrate the SNIC: care services by people physical, legal, public, State and non-State, the services in charge of private entities, the National Board of care, the National Secretariat of care and care Advisory Committee. Article 11. (Estructura institucional deel Sistema Nacional Integrado de Cuidados)-el-SNIC will be constituted by: A) the National Board of care.
(B) the National Secretariat of care.
(C) the Consultative Committee of care. Article 12. (National Board of care integration).-the National Board of care will be composed by the Minister of Social development, who will chair it, and the Ministers of education and culture, labour and Social Security, public health, economy and finance, the Director of the Office of planning and budget, the President of the Council of Directors Central of the Administration national of public education the President of the directory of the Bank of Social Security, the President of the directory of the Institute of the child and adolescent of Uruguay and a representative of the Conference of mayors. To promote and monitor the incorporation of the gender perspective into all the SNIC, participate a representative of the National Institute of women in National Board of care sessions, with voice and no vote. The National Secretariat of care will be sessions of the same, with voice and no vote. Article 13. (Competencia de la Junta Nacional de Cuidados)-National Board of care: to) propose to the Executive Branch goals, policies and strategies pertaining to the SNIC.
(B) defining the strategic guidelines and priorities of the SNIC.
(C) advising and consideration of executive power the National Plan of care which formulated the National Secretariat of care.
D) advising the Executive on the proposal on the budget of the National Plan of care making care National Secretariat, for the purpose of its consideration in the context of the elaboration of the draft law of the national budget and approval of the budgets of the autonomous entities, where appropriate.
(E) ensure the transparency of the SNIC and public access to quality information.
(F) advise and submit for consideration to the Executive Branch for submission to the General Assembly of the legislative of Cuba, the annual report of the National Plan of care which formulated the National Secretariat of care.
(G) prepare the draft its rules of operation that will elevate to the Executive for approval. Article 14. (Budget guidelines and prior favourable report from the National Board of care).-the National Board of care shall transmit to the Executive Branch a proposal on budgetary allocations that will be affected by the SNIC by bodies and public agencies thereof, for consideration in the context of the elaboration of the draft law on national budget and approval of the budgets of the autonomous entities If appropriate. Budgetary allocations with destination to the SNIC, shall constitute assignment of annual maximum, which must be identified in a specific program in the budget of each of the organs or agencies. The budgetary appropriations allocated to the bodies or agencies that target actions or measures covered by the SNIC, current budgets be included in such a program. Budgetary allocations referred to in the preceding paragraph, may not be transposed into other programmes, the general subject matter or specific, standard in its case to be governed in the relevant. The realization of transpositions within the programme, as appropriate, will require favourable report from the National Board of care, which may delegate this power to the National Secretariat of care. Article 15. (The National Secretariat of care).-the National Secretariat of care will operate in the field of the Ministry of Social Development (MIDES). The proprietor shall be appointed by the Executive Branch on merit to their personal, functional, and technical conditions relating to the matters within its competence and their remuneration will be equivalent to that established for the post of Director General of Secretariat, in accordance with the regulations in force. The General accounting of the nation, at the request of the measure, it will enable appropriations charged to general revenue. Article 16. (Structure of the National Secretariat of care).-the National Secretariat of care will be integrated with the following areas: childhood Area, Area of older people, Area of people with disabilities and Area Planning and tracking. Actions towards the persons responsible for the care and attention will be transversal to all areas of the National Secretariat of care. The Areas of children, seniors and people with disabilities constitute and coordinate inter-agency committees integrated by bodies or competent public bodies of the SNIC, who designed and promoted the implementation of actions relating to the implementation of the National Plan of care. The measure will provide human and material resources for the purposes of the operation of the National Secretariat of care and the fulfilment of its tasks. Article 17. (Competencia de la Secretaría Nacional de Cuidados).-is the responsibility of the National Secretariat of care: A) the articulation and coordination of the SNIC.
(B) formulate the National Plan of care, which will be submitted for consideration by the National Board of care. In the formulation of the Plan, the Secretariat and bodies and public agencies of the SNIC convened at departmental and municipal governments, as well as the Advisory Committee of care.
(C) implement and monitor programmes, instruments and activities arising from the National Plan of care, ensuring coordination and inter-institutional coordination, optimizing the use of available resources.
(D) to coordinate the processes of design and formulation of budgetary allocations of the SNIC with the members of the National Board of care.
(E) formulate proposal on budgetary allocations of the SNIC, submitting them for consideration to the National Board of care.
(F) to conduct surveillance of the activities of the SNIC within the framework of the National Plan of care and the implementation of the definitions adopted by the National Board of care.
(G) bring to the attention of the organs and agencies of the SNIC, about any infraction of the obligations that laws and regulations imposed in terms of care.
(H) ensure transparency and public access to information in regard to the SNIC, using for this purpose the instruments in the field of information systems, developing additional tools that ensure compliance.
I) annual report of the proceedings by the SNIC formulate and submit it for consideration to the National Board of care.
(J) advising the national care Board in any matter within the scope of their competence and provide the support that it requires for the performance of its tasks. Article 18. (Integration and roles of the Advisory Committee of care).-the Consultative Committee of care will be integrated by delegates of the PIT-CNT, of organised civil society through representative organizations in the scope of the content of the law, the specialized academic sector and private entities that provide services of care. You will have honorary character and by role advising the National Secretariat of care, on best practices conducive to the fulfilment of the objectives, policies and strategies pertaining to the SNIC. The Executive branch shall regulate their integration and performance. Article 19. (Competencia deel Ministerio de Desarrollo Social).-replace the literal C) of article 9 of the law Nº 17.866, on March 21, 2005, by the following: "C) coordinate the actions, plans and cross-sectoral programmes, implemented by the Executive Branch to ensure the full exercise of the rights to food, to education, to health, to housing" to the enjoyment of a natural environment healthy, to work, to social security, non-discrimination and to care". Article 20. (Regulatory).-the Executive power will regulate this law in accordance with paragraph 4) of article 168 of the Constitution. Hall of sessions of the House of representatives, in Montevideo, 18 November 2015. ALEJANDRO SANCHEZ, President.
Virginia Ortiz, Secretary. Ministry of development SOCIAL Ministry of economy and Finance Ministry of education and Culture Ministry of work and safety SOCIAL Ministry of health public Montevideo, 27 November 2015. Met, acknowledge receipt, communicate, publish, and inserted into the national registry of laws and decrees, the law which created the integrated national system of care (SNIC). TABARÉ VÁZQUEZ.
MARIA JULIA MUNOZ.
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