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Chapter Law Content

Title: People with Disabilities Rights Protection Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 1 General Principles
Article 1
This Act aims to protect the legal rights and interests of people with disabilities, secure their equal opportunity to participate in social, political, economical, and cultural activities fairly, while contributing to their independence and development.
Article 2
The competent authorities refer to the Ministry of Health and Welfare at the central level, municipal governments at the municipal level, and county (city) governments at the county (city) level.
The affairs/issues prescribed in this Act which relates to the commissions/duties of individual competent authorities in charge of specific business shall be handled by these competent authorities individually.
The commissions and duties of the competent authorities of individual levels and the competent authorities in charge of specific business referred to in the above two paragraphs are divided as follows:
1. The competent authorities are responsible for the planning, implementation and supervision of the affairs/issues concerning the related legal rights and interests of people with disabilities, such as the protection of dignity, financial security, care & support service, and potentially independent living.
2. The competent authorities in charge of health are responsible for the planning, implementation and supervision of the affairs/issues concerning the related rights & interests in favor of people with disabilities in evaluation and assessment of the disability, medical care, rehabilitation, and the research and development of assistive devices, etc.
3. The competent authorities in charge of education are responsible for the planning, implementation and supervision of the affairs/issues concerning the related rights & interests in favor of people with disabilities in education, even balanced distribution of educational resources and facilities/installations, cultivation of professional service providers, etc.
4. The competent authorities in charge of labor are responsible for the planning, implementation and supervision of the affairs/issues concerning the related rights & interests in favor of people with disabilities in occupational reconstruction and services, promotion and protection of employment, labor rights and interests, worksite sanitary safety and health, etc.
5. The competent authorities in charge of construction, public works, and housing are responsible for the planning, implementation and supervision of the affairs/issues concerning the related rights & interests in favor of people with disabilities, in housing, public buildings, or facilities/installations, and access-free living environment, etc.
6. The competent authorities in charge of transportation and communications are responsible for the planning, implementation and supervision of the affairs/issues concerning the related rights & interests in favor of people with disabilities in communications, public transports, traffic tools/installations, public parking lots, etc.
7. The competent authorities in charge of finance are responsible for the planning, implementation and supervision of the affairs/issues concerning related rights & interests in favor of people with disabilities and the welfare care facility/institution, and the sheltered workshop in reduction of taxation, etc.
8. The competent authorities in charge of commerce are responsible for the planning, implementation and supervision of the affairs/issues concerning the services of financial and banking, financial insurance, property management and trust in favor of people with disabilities, etc.
9. The competent authorities in charge of law are responsible for the planning, implementation and supervision of the affairs/issues concerning victim protection, sentenced person after-care, and environment improvement of shelters in favor of people with disabilities, etc.
10. The competent authorities in charge of the police are responsible for the planning, implementation and supervision of the affairs/issues concerning personal safety & protection and the search of the missing people with disabilities, etc.
11. The competent authorities in charge of sports are responsible for the planning, implementation and supervision of the affairs/issues concerning sport activities , sport locations and facilities, equipment, and unique exercise assistive devices in favor of people with disabilities, etc.
12. The competent authorities in charge of culture are responsible for the planning, implementation and supervision of the affairs/issues concerning the spiritual life, as well as the artistic and cultural activities in favor of people with disabilities, etc.
13. The competent authorities in charge of procurement/purchasing regulations related to the Government Procurement Act are responsible for the planning, implementation and supervision of the affairs/issues concerning the non-profitable products and labor in favor of people with disabilities, etc.
14. The competent authorities in charge of communication and propagation are responsible for the planning, implementation and supervision of the affairs/issues concerning the access-free information, technology and appliance scheme/system of communication & propagation, Internet platforms, appliances and processing without discrimination in favor of people with disabilities, etc.
15. The competent authorities in charge of technology research affairs are responsible for the research and development of assistive technology, technology research, transformation, applications, promotion, and other affairs in favor of people with disabilities.
16. The competent authorities in charge of economic affairs are responsible for the stipulation of national standards for assistive devices, promotion of industry, the planning and implementation of product commercialization and others in favor of people with disabilities.
17. Other measures that safeguard the right of people with disabilities shall be implemented by individual competent authorities in charge of specific business pursuant to their authority.
Article 3
The central competent authorities are in charge of following affairs/issues:
1. Planning, prescription and disseminating of national protection policies, regulations and setups of rights and interests of welfare services for people with disabilities;
2. Supervision and coordination between municipal and county (city) governments concerning the protection of rights and interests of welfare services for people with
disabilities;
3. Allocation and subsidization of central welfare budget for people with disabilities;
4. Planning and reviewing of financial support for people with disabilities in municipal and county (city) level for people with disabilities
5. Planning of related professional training on the welfare services of people with disabilities;
6. Communication, exchange and cooperation of welfare and protection services in favor of people with disabilities with international agencies/organizations ;
7. Planning of protection services in favor of people with disabilities;
8. Collection and integration of data concerning welfare services in favor of people with disabilities;
9.Guidance, supervision and national review/accreditation of all welfare care facilities/institutions in the country for people with disabilities,
10. Guidance and assistance to private sector to participate in the implementation of affairs in favor of people with disabilities.
11. Planning and supervision of other related rights & interests in national welfare services and protection in favor of people with disabilities.
Article 4
The municipal and county (city) competent authorities are in charge of following affairs/issues :
1. Implementation of national protection policies, regulations and setups of related rights & interests in welfare services in favor of people with disabilities;
2. Planning, prescription, disseminating and implementation of regulations and setups in rights and interests of welfare services and protection for people with disabilities in the level of municipal and county (city);
3. Allocation and subsidization of municipal and county (city) welfare budget for people with disabilities;
4. Planning and implementation of financial support and reviewing/accreditation of welfare services for people with disabilities)in municipal and county (city) level;
5. Planning and implementation of professional training on the welfare services for people with disabilities in municipal and county (city) level;
6. Implementation of protection services in favor of people with disabilities;
7. Collection and integration of welfare(services)data in favor of people with disabilities in municipal and county (city) level;
8. Establishment, supervision and review/accreditation of welfare care facilities/institutions for people with disabilities in municipal and county (city) level;
9. Implementation and assistance of affairs for the private sector to participate in the services in favor of people with disabilities.
10. Planning and supervision of other related rights & interests in welfare services and protection in favor of people with disabilities in municipal and county (city) level.
Article 5
People with disabilities in this Act refer to those who with the following deviation or loss resulting from physical or mental impairments, are limited or restricted to be engaged in the ordinary living activities and participation in the society; and they, after processes of evaluation & assessment by the committee composed of professionals from medicine, social work, special education and employment counseling and evaluation, can be regarded as suffering one of the following malfunction categories and issued a disability identification.:
1, Mental Functions & Structures of the Nervous System;
2. Sensory Functions & Pain;The Eye, Ear and Related Structures;
3. Functions & Structures of/involved in Voice and Speech;
4. Functions & Structures of/related to the Cardiovascular, Haematological, Immunological and Respiratory Systems;
5. Functions & Structures of/related to the Digestive, Metabolic and Endocrine Systems;
6. Functions & Structures of/related to the Genitourinary and Reproductive Systems;
7. Neuromusculoskeletal and Movement related Functions & Structures;
8. Functions & Related Structures of the Skin.
Article 6
The municipal and county (city) competent authorities in charge of application and judgment of health condition/status shall assemble assessment teams by appointing specific institutions or professionals to render the assessment services and complete appraising and ascertaining/verification reports on the disability.
The evaluation report mentioned above shall be sent to the competent authorities in charge of health where the applicant’s domicile sets within ten days. The competent authorities in charge of health shall issue assessment fees and transfer the evaluation report to the municipal and county (city) competent authorities no later than ten days.
Regulations on appointment and qualification of the disability assessment institutes or professionals, the categories and grades of disability, assessment items and standards, assessment methods, instruments, operation and others mentioned in Paragraph 1 are prescribed by the central competent authorities in charge of health.
The fees required for inspection, diagnosis, or examination in the disability assessment service are listed and provided from the budget and should be regulated by the central competent authorities in charge of health by coordinating with the municipal and county (city) competent authorities in charge of health.
The items of the disability assessment service mentioned above that comply with the provisions of National Health Insurance Act are not eligible to apply for the fees mentioned above and shall be provided through health insurance.
Article 7
The municipal and county (city) competent authorities shall assemble assessment teams to evaluate the living need of people with disabilities upon receiving the evaluation reports transferred from the competent authorities in charge of health.
The evaluation mentioned above shall be rendered according to the category of disability, family economic condition/status, care service need, family living demand/need, social participation demand/need, etc.
Whereas people with disabilities, who set their domiciles in the governed districts, have been confirmed to be in conformity with the regulations, the municipal and county (city) competent authorities shall actively issue the disability identifications, and provide the mandatorily related welfare and services.
The need evaluation referred to in Paragraph 1 can be consolidated into the evaluation mentioned in the previous Article.
Regulations on the consolidation of evaluation,qualifications of assessment team members, evaluation instruments, operations and others shall be prescribed by the central competent authority and the central competent authority in charge of health.
Article 8
To prevent and reduce the occurrence of disability, the competent authorities in charge of related services in all levels of governments hierarchy shall systematically promote the prevention of disability, propagandize the knowledge of eugenics, health care education on disability-related heredity, morbidity/disease, disaster, environmental pollution, etc. In addition, they also shall promote the related propaganda and the social education.
Article 9
The central and municipal or county (city) competent authorities and the competent authorities in charge of specific services hall organize the units or appoint officers to handle the affairs concerning the rights and interests of people with disabilities exclusively. The number of the units or officers shall be determined according to the actual requirement for providing the services.
The business related to the welfare services of people with disabilities shall be handled by selected professionals.
Article 10
The central and municipal or county (city) competent authorities shall appoint the representatives of people with disabilities or their guardians, scholars and experts in the field of the welfare services for people with disabilities, civil representatives, representatives of associations of the private sector, and the competent authorities in charge of specific services to render the protection affairs of rights and interests of people with disabilities. The number of the representatives of people with disabilities or their guardians, and the representatives of associations of the private sector shall be no less than one third of the total number of the committeemen.
In the protection representatives mentioned above, neither gender should occupy less than one-third of the seats of the committee.
Paragraph 1 concerning the protection of rights and interests include:
1. Integration, planning, research, consultation, coordination, and promotion of the affairs/issues concerning improving protection of people with disabilities;
2. Negotiation of the appeals for the damage to their rights and interests of people with disabilities;
3. Other affairs/issues that can improve the rights and interests, welfare, and protection of people with disabilities.
Paragraph 1 concerning the protection of rights and interests and its operation, the second clause of the preceding paragraph concerning the negotiation of the appeals for the damage to their rights and interests of people with disabilities, and others areprescribed by the competent authorities of different levels.
Article 11
The governments’ hierarchy of individual levels shall periodically investigate the needs of living, health care, special education, employment and occupational training, transportation and welfare of people with disabilities at least once every five years, and publish the report of the surveys.
People with disabilities shall be included in the population census taken by the Executive Yuan once every ten years.
Article 12
The funds for the welfare of people with disabilities are raised from the following sources:
1. The budgets made by the governments’ hierarchy of individual levels exclusively for the welfare of people with disabilities;
2. Social welfare fund;
3. The exclusive Employment Fund established for people with disabilities;
4. Donations from individuals or associations;
5. Other incomes.
The budgets for the welfare of people with disabilities referred to in the first clause of the preceding paragraph above shall be made generously in accordance with the survey report referred to in preceding Article.
If a municipal or county (city) competent authority really has difficulty in making the budget for the welfare services of people with disabilities referred to in Paragraph 1 above, the central government shall subsidize, and which are used only for the purpose exclusively.
Article 13
People with disabilities who disagree with the results of disability evaluation and need assessment, must submit a written application to the municipal or county (city) competent authorities within 30 days commencing from the next day after receipt of the result, to apply for re-evaluation and re-assessment. The application is limited for one time only.
The applicant shall pay for 40% of the re-evaluation and re-assessment fees according to the paragraph above. If the objection is accepted, the paid re-evaluation and re-assessment fees will be refunded to people with disabilitie concerned.
The fees concerning an overdue application of re-evaluation and re-assessment according to Paragraph 1 above shall be self-paid for the whole operations.
Article 14
The expiration date of the disability identification is five years for the longest. However, where the disability satisfies the rules under Section 3, Article 6 concerning the standards of disability that cannot be mitigated or recovered and is free from re-evaluation, the municipal and county (city) competent authorities shall issue disability identification without an expiration date and conduct a needs re-assessment under Article 7 every five years.
People who hold disability identification with an expiration date shall apply for re-evaluation and re-assessment to the municipal and county (city) competent authorities within 90 days prior to expiration.
If people with disabilities do not apply for re-evaluation and re-assessment within 60 days prior to the expiration date of the disability identification, the municipal and county (city) competent authorities shall send a written notice to people with disabilities concerned for application.
If people with disabilities cannot apply for re-evaluation and re-assessment before the expiration date with proper reasons, they can submit the document(s) just before the expiration date. Upon approval by the municipal and county (city) competent authorities, people with disabilities shall resume the application within 60 days from the expiration date.
Where the condition/status of disability changes, people with disabilities shall apply for re-evaluation and re-assessment on their own initiatives.
When the change of disability condition/status is discovered, the municipal and county (city) competent authorities shall notify in written people with disabilities concerning to apply for re-evaluation and re-assessment within 60 days since the date of notification.
When re-evaluation and re-assessment are applied for pursuant to Section 2 to the preceding section and the disability satisfies the rules under Section 3, Article 6 concerning the standards of disability that cannot be mitigated or recovered and is free from re-evaluation, the municipal and county (city) competent authorities shall handle the same in accordance with the proviso of Section 1.
For people who hold valid permanent manuals before July 11, 2012, the municipal and county (city) competent authorities may directly change the same to disability identification without an expiration date.
Article 15
An applicant maintains the rights and interests according to Paragraph 1 to 3 of prior Article during the period between expiration date of original identification and valid date of the new disability identification,after the application is marked by the municipal and county (city) competent authorities.
If the result of re-evaluation and re-assessment proves the change of disability categorizing and grading, the subsidies issued to the applicant following the previous paragraph shall be recovered or refunded.
Upon elimination of the fact of disability or decease of people with disabilities, the family members or interested ones shall return the disability identification to the municipal and county (city) competent authorities for abolishment or cancellation. The municipal and county (city) competent authorities have the right to directly abolish or cancel the unreturned identification, the rights and interests set in this Act, or recover the overpaid subsidies.
Article 16
The dignity and legal rights and interests of people with disabilities shall be respected and guaranteed. People with disabilities shall not be discriminated on the rights and interests of education,(examination)participation, employment, residence/
housing, migration and medical care service.
Any person who operates public places or facilities/installations,shall not prevent people with disabilities from fairly using and enjoying the facilities/installations, equipments, and rights only because of their disability.
When attending to public exams, all public, private organizations (institutes), corporate, schools, and enterprises should provide multiple appropriate assistances, under the principle of fairness, to test-takers with disabilities to safeguard the exam opportunities for people with disabilities.
Article 17
When a person with disabilities applies for any cash deliverance or subsidies according to proper regulations, the person should present the certificate issued by the municipal, county (city) competent authorities. Then the person should open a specific account with a financial institute and detail the title and address of the institute, account number, and title of account before sending to the municipal, county (city) competent authorities for permission to grant the amount. The account is for receiving the cash deliverance and subsidies only and the money in the dedicated account shall not be regarded as the target of offset, detainment/seizure, assignment, and security, and aggressive enforcement.
Article 18
To provide timely medical care services or referring, the municipal and county (city) competent authorities in charge of specific business shall establish reporting the following notification systems:
1. The competent authorities in charge of health shall establish a notification system for detecting the victims suspected to be disabled, the infants and children suspected with growth in development retardation or abnormality.
2. The competent authorities in charge of education shall establish a notification system for detecting the students suspected to be disabled.
3. The competent authorities in charge of labor shall establish a notification system of occupational injuries.
4. The competent authorities in charge of police administration shall establish a notification system of traffic accidents.
5. The competent authorities in charge of household registration shall establish a notification system of changing and moving of people with disabilities.
Upon detecting anyone suspected to be disabled as referred to in this Act, the municipal and county (city) competent authorities shall render initial evaluation for his/her living need immediately, and offer active supporting services or transfer the disability) case to the competent authorities in charge of related business.
Article 19
The competent authorities of individual levels and the competent authorities in charge of specific business shall, based on the results of service need assessment, provide individualized and diversified services to people with disabilities.
Article 20
To improve the integration, research and development, and services of assistive devices for people with disabilities, the central competent authorities should integrate the competent authorities in charge of specific business to integrate resource management, research and development, and services of assistive devices for people with disabilities.
The regulations for resource integration, research and development, and services of assistive devices shall be prescribed by the central competent authorities and the central competent authorities in charge of education, labor, technology research, and economy.