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Chapter Law Content

Title: Senior Citizens Welfare Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 6 Penalty
Article 45
If an approval is not obtained according to Article 36.1 when establishing an elderly welfare institution, or if the juridical person registration is not completed according to the rules and deadline mentioned in Article 36.2 and 36.4, the person in charge will receive a fine of no less than NT$60,000, but less than NT$300,000. Furthermore, the name of the person in charge will be announced and shall be notified to make improvements within a limited time period.
During the time period stated in the preceding item, no more service recipients will be admitted. Any violation will be fined of not less than NT$60,000 but not more than NT$300,000. Applicable fines are imposed per violation.
If no correction has been made to rules stated item 1, the person in charge will receive another fine of not less than NT$100,000 but not more than NT$500,000. Furthermore, he/she will have to help the service recipients admitted to be transferred to other organizations within 1 month. The authority concerned will assist on it whenever necessary and he/she must be cooperative. Shall a force to be exerted, the person in charge will receive a fine of no less than NT$200,000 but less than NT$1,000,000.
Shall the institutions evade, impede or refuse the inspection under Paragraph 1, Article 37-1 or fail to provide documents, information, or other assistance whenever necessary, they will be fined not less than NT$60,000 but not more than NT$300,000. Applicable fines are imposed per violation.
Article 46
Shall an elderly welfare institution be found violating of one of the following, the authority concerned will order it to amend within 1 month. If no amendment has been made, a fine of not less than NT$30,000 but not more than NT$150,000 shall be issued. Applicable fines are imposed per violation.
1. The fees collected have not been reported according to Article 34.4 to the authority concerned for approval, or the fees have been over-collected.
2. The institution does not report to the authority concerned the expansion, moving, ceasing or closing business according to Article 36.5.
3. Acts against Paragraph 1, Article 38, failing to sign a contract in written format with the service recipients or the family members, failing to include required items in the contract, or including items in the contract which are not allowed to be included.
4. Acts against Paragraph 1, Article 39 failing to maintain public liability insurance for elders or not having the financial ability to continuously operate independently.
5. Acts against Article 40.2 to receive any donations without any proclamation.
Article 47
If the authority concerned discovers one of the following, a limited time period for improvement shall be stated. In serious circumstances, a fine of not less than NT$30,000 but not more than NT$150,000 may be imposed. If improvements are still not made by the deadline, a fine of not less than NT$50,000 but not more than NT$250,000 will be issued to the person in charge and an extension period will be given for improvement:
1. The course of action does not comply with the original establishment object or the constitutions.
2. The institution violates the standard of establishment.
3. The total amount of the property is not enough for operation, or the institution fails to report the truth of its business and finance.
4. The institution does not manage expansion, moving, ceasing, closing, or resuming business, or changes in the establishment permit according to Article 36.5.
If no improvement has been made after the designated period for the second time according to the preceding paragraph, the authority concerned shall have the institution stop its business for not less than one month but not more than 1 year, and the respective names of the institution and its person in charge and the conditions that are not improved shall be announced on the website of the institution, letting the public obtain the information. After that, any institution which has failed to improve or refused to stop its business, will have the approval of the establishment revoked and the juridical person must be disincorporated.
If the establishment permit of an elderly welfare institution is revoked in accordance with the provisions of the preceding paragraph, the authority concerned shall order the institution to return the establishment permit within a time limit. If the establishment permit is not returned by the given time limit, it shall be cancelled.
Article 48
A fine of not less than NT$60,000 but not more than NT$300,000 shall be issued by the authority concerned to the elderly welfare institution, along with the announcement of the respective names of the institution and the persons in charge, and an improvement period will also be given for one of the following:
1. Mistreat or impair the physical/mental health of the service recipients, or fail to report to the municipal and city/county governments for mistreatment cases.
2. Unsafe facilities and/or unsanitary meals have been provided to the service recipients and have been found and proved by the authorities.
3. Institutions that have been evaluated as Grade C or D, or have been caught for serious issues which will influence the physical/mental health conditions of the service recipients.
4. Acts against Article 37.3 to evade, impede or refuse an inspection conducted by the authority concerned or to not provide documents, information, or assistance whenever necessary.
If the physical/mental health of the service recipients is mistreated or impaired as referred to in Subparagraph 1 of the preceding paragraph, or unsafe facilities and/or unsanitary meals have been provided to the service recipients as referred to in Subparagraph 2 of the preceding paragraph, or other material incidents occurred, causing the death of a service recipient, a cumulative fine of not less than NT$200,000 but not more than NT$1 million will be imposed. If necessary, suspension of business for more than one month and not more than one year may be ordered.
If no improvement has been made after the designated period for the second time according to Paragraph 1, the authority concerned shall have the institution stop its business for not less than one month but not more than 1 year, and the respective names of the institution and its person in charge and the conditions that are not improved shall be announced on the website of the institution, allowing the public to obtain the information.
For the institution which has failed to improve or refused to stop its business within the time limit prescribed in the preceding two paragraphs or has been evaluated as Grade D in the re-evaluation, the approval of establishment shall be revoked and the juridical person must be disincorporated.
If the establishment permit of an elderly welfare institution is revoked in accordance with the provisions of the preceding paragraph, the authority concerned shall order the institution to return the establishment permit within a time limit. If the establishment permit is not returned by the given time limit, it shall be cancelled.
If the elderly welfare institutions are not approved for establishment in accordance with Paragraph 1, Article 36, the physical/mental health of the service recipients is mistreated or impaired as referred to in Subparagraph 1, Paragraph 1, unsafe facilities and/or unsanitary meals have been provided to the service recipients as referred to in Subparagraph 2, Paragraph 1, or other material incidents took place causing the death of a service recipient, a fine of not less than NT$200,000 but not more than NT$1 million will be imposed on the persons in charge of the institutions, along with the announcement of the respective names of the institutions and their persons in charge. A one-month period will also be given for the resettlement of the service recipients. If the institutions are unable to handle the resettlement of the service recipients, the authority concerned shall provide assistance, and the persons in charge of the institutions shall cooperate. Failure to cooperate will lead to enforcement and a fine of not less than NT$200,000 but not more than NT$1 million.
Article 49
In one of the following circumstances, the authority concerned shall impose a fine of not less than NT$60,000 but not more than NT$300,000 on the elderly welfare institutions and order them to improve within a given time limit. If no improvement is made within the given time limit, applicable fines are imposed per violation.
1. Within the improvement period stated in the preceding three articles, the elderly welfare institutions admit service recipients before improvements are confirmed by the authority concerned.
2. The elderly welfare institutions increase the number of the service recipients during suspension.
Article 50
As a private elderly welfare institution being stopped, ceasing or closing its business, or is disincorporated, abated or abolished, the service recipients must be resettled properly. The authority concerned shall intervene whenever necessary and the institutions must be cooperative. If a force must be exerted to the case, a fine of not less than NT$60,000 but not more than NT$300,000 will be imposed. The authority concerned will take over the business if needed.
The taking over procedures, deadline, the operation of the institution being taken over, limitations to the property management, and other related matters will all be set forth by the central authority concerned.
Shall the reasons to have caused the stop of the business of the institution set forth in Paragraph 1 be rectified, the institution shall apply for re-operation or closing business. If the institution fails to apply for re-operation in accordance with the regulations or its application for closing business or re-operation is rejected, the authority concerned shall revoke the approval of the establishment. The juridical person may be disincorporated.
If the establishment permit of an elderly welfare institution is revoked in accordance with the provisions of the preceding paragraph, the authority concerned shall order the institution to return the establishment permit within a time limit. If the establishment permit is not returned by the given time limit, it shall be cancelled.
Article 51
Legal supporters or contractual caregivers of the service recipients will receive a fine of not less than NT$30,000 but not more than NT$150,000, if they violate one of the following. The names of the supporters will be made public and if he/she violates criminal laws, he/she shall be turned to the judicatory authority:
1. Desertion.
2. Freedom impeding.
3. Injury.
4. Physical and mental mistreatment.
5. Leave incompetent elders alone in dangerous places or places where the elders might get hurt.
6. Desert the elders in the institutions and without a proper reason; refuse to take care of the case after a period of being informed by the institution.
Article 52
The supporters or the care providers of the elders who seriously violate Article 51 shall receive a family education and consultation program of no less than 4 hours but less than 20 hours, offered by the authority concerned.
With a proper reason, the supporters or care provider shall obtain an approval of postponing the date of the program from the authority concerned.
The supporters or care providers receiving the family education and consultation program as set forth in the previous paragraph may apply for postponing the date of program with a proper reason.
The ones who refuse to take the family education and consultation program, or do not complete the whole program, a fine of no less than NT$1,200 but less than NT$6,000 will be issued. Ones who refuse to take the program after being informed will receive continuous fines, until they attend the program.
The ones who refuse to take the family education and consultation program, or refuse to complete the whole program, a fine of no less than NT$1,200 but less than NT$6,000 will be issued. Ones who refuse to take the program after being informed will receive continuous fines, until they attend the program.