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Chapter Law Content

Title: Long-Term Care Services Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 1 General
Article 1
This Act is established in order to complete a long-term care service system providing long-term care services, to ensure the quality of care and support services, to develop universal, diversified and affordable services and to guarantee the dignity and the interest of the persons receiving the services and the care providers.
In providing long-term care services, there shall be no discrimination that differentiates based on the gender, sexual orientation, gender identity , marriage, age, physical or mental disabilities, illness, social class, race, religious belief, nationality or place of residence of the persons receiving the services.
Article 2
The competent authority referred to in this Act is: the Ministry of Health and Welfare as the central competent authority, municipal governments for municipalities and county (city) governments for counties (cities) as local competent authorities.
Article 3
The terms in this Act are defined as follows:
1.Long-term care: Means the living support, assistance, social participation, care and relevant healthcare services in accordance with the needs of any individual whose mental or physical incapacity has lasted or is expected to last for six months or longer, or the needs of such an individual’s care provider.
2.Person with physical or mental incapacity (the “disabled”): Means a person who has suffered partial or full loss of his physical or mental functions and who needs the assistance of others in his/her daily life.
3.Family caregiver: Means the main family member or household member who provides regular care to the disabled in the family.
4.Long-term care personnel: Means a person who is certified through training and certification in accordance with this Act to provide long-term care services.
5.Long-term care service institution: Means an institution established in accordance with this Act for the purpose of providing long-term care services or long-term care needs assessment of services.
6.Long-term care management center: Means an authority (institution) designated by the central competent authority for the purpose of providing assessment and linking services for long-term care needs.
7.Long-term care service system: Means the network composed of long-term care providers, long-term care institutions, financial and relevant resource development, management and referral mechanisms.
8.Individual care workers: Means a person hired on an individual basis to provide care at the homes of the disabled.
Article 4
The following matters shall be managed by the central competent authority:
1.Provision of long-term care services, establishment of national long-term care policies and regulations and planning, establishment and promotion of the long-term care service system.
2.Supervision and coordination of long-term care executed by municipalities and counties (cities).
3.Planning for the protection of the interest of long-term care service users.
4.Development of and rewards to long-term care institutions, as well as evaluations to be carried out by the central competent authority as provided under Paragraph 3, Article 39.
5.Cross-county/city assistance and supervision of long-term care institutions.
6.Planning for the management, incubation and training of long-term care providers.
7.Planning, raising, allocation and subsidies of funding for long-term care.
8.Research, development and monitoring of the information systems and service quality of long-term care.
9.Planning and promotion of international cooperation, exchange and innovative services of long-term care services.
10.Coordination of long-term care services in areas lacking resources.
11.Other planning and supervision of national long-term care services.
Article 5
The following matters shall be managed by the local competent authority:
1.Provision of long-term care services, establishment of long-term care policies under jurisdiction and planning, promotion and execution of the long-term care service system.
2.Execution of the long-term care service policies, regulations and relevant plans established by the central competent authority.
3.Performance of local long-term care service training.
4.Supervision and evaluation of long-term care institutions under jurisdiction and appraisal to be performed by the local competent authority in accordance with Paragraph 3, Article 39.
5.Planning, raising, allocation and subsidies of local sources of long-term care funding.
6.Rewards to long-term care institutions in areas of development difficulties or where resources are lacking.
7.Other long-term care services of a local nature.
Article 6
When the matters provided in this Act involve the duties of the central industry competent authorities, the duties shall be allocated as follows:
1.Educational competent authority: Long-term care education, Long-term care, human resources development and the sporting activities, locations, facilities and equipment for users of long-term care services.
2.Labor competent authority: Labor conditions, employment services and occupational safety and health for long-term care personnel and individual care workers, as well as the training and technical certification for long-term care providers without professional medical or social worker’s certificates and individual care workers.
3.Veterans competent authority: Long-term care for veterans.
4.Construction, building and fire safety competent authorities: Building and management of long-term care institutions, obstacle-free environments of public facilities and building and fire safety.
5.Indigenous peoples affairs competent authority: Coordination and contact for long-term care for indigenous peoples and assistance with the planning and promotion of relevant matters.
6.Technology research competent authority: Assistance with technical research and development, technical and research transfer and applications of long-term care services.
7.Other industry competent authorities: Long-term care related matters that are relevant to these authorities.
Article 7
The heads of the competent authorities shall serve as organizers to invite long-term care related scholars and experts, representatives from relevant private institutions and organizations, representatives of service users and representatives from each industry competent authority for the coordination, study, review and consultation of long-term care services, development of domestic long-term care human resources, fee payments and reimbursements, staff salaries, supervision and evaluation.
Among the representatives as set forth in the previous paragraph, the relevant scholars, experts and the representatives from relevant private institutions, organizations and service users shall represent at least two-thirds of the participants. The service users and the representatives of either gender shall each represent at least one-third of the participants. There shall be at least one expert scholar who represents the indigenous people or who is familiar with indigenous peoples’ culture.