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Title: Long-Term Care Services Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 4 Management of Long-Term Care Institutions
Article 21
Long-term care institutions are divided into the following categories based on the scope of their services:
1.Home services
2.Community services
3.Institutional residential services
4.Integrated services
5.Other services published by the central competent authority.
Article 22
The long-term care institutions mentioned in Subparagraph 3 and those with institutionalized residential service mentioned in Subparagraphs 4 and 5 of the previous article shall be established as corporate bodies or juridical associations (hence referred to as “institutional long-term care juridical entities”).
The provision in the previous paragraph does not apply to public long-term care institutions.
Private institutions that were established before the implementation of this Act pursuant to Senior Citizens Welfare Act, Nursing Personnel Act or People with Disabilities Rights Protection Act, and are engaged in institutionalized residential long-term care services as defined in this Act are not subject to the provision mentioned in Paragraph 1 of this article, except in the case of expansion or relocation.
The laws concerning the establishment, organization, management, and other matters of compliance of institutional long-term care juridical entities in Paragraph 1of this article shall be enforced separately.
Article 23
The establishment, expansion and relation of long-term care institutions shall be subject to prior application with and approval by the competent authorities.
Article 24
The regulations concerning the conditions for application, standards for establishment, qualification of representatives, application procedure, review criteria and proof of establishment approval for the establishment, expansion and relocation of long-term care institutions shall be established by the central competent authority.
The establishment of long-term care institutions in indigenous areas and the staff allocation shall be determined by the central competent authority in conjunction with the Council of Indigenous Peoples.
Article 25
Any business suspension, business closure, business reinstatement or change of any matter registered in the approval certificate by any long-term care institution shall be filed with the competent authority for approval within 30 days from the date of occurrence of the event.
The period of business suspension as set forth in the previous paragraph shall not exceed one year. If required, an extension of one year may be granted through application. After this period, business closure shall take place.
Business closure shall take place within 30 days of the expiry date of the period of business suspension. If business closure is not carried out before such a deadline, the competent authority may cancel the approval of the establishment.
The central competent authority shall establish the regulations concerning the application procedure and review as set forth in the first and second paragraphs.
Article 26
If a long-term care institution is established by a government authority (institution), the name of the government authority (institution) shall be included as the prefix of the long-term care institution’s name. If it is established by a private institution, the word “private” shall be included as a prefix of the institution’s name.
The name of the long-term care institution shall be displayed in its location in conspicuous characters in accordance with the previous paragraph. The type of the institution and the scope of services should also be identified.
Article 27
The name “long-term care institution” shall not be used other than by a long-term care institution.
Article 28
The following names shall not be used by long-term care institutions:
1.The same name used by any long-term care institution whose permit for establishment has been cancelled or whose establishment has been approved by the competent authority in the same municipality or county (city).
2.Any name that may cause confusion with any government authority or other public-interest organization.
Article 29
No one other than long-term care institutions shall engage in any advertising for long-term care services.
Advertising for long-term care institutions shall be limited to the following:
1.Name of the long-term care institution and specifications under Paragraph 2, Article 26, date of incorporation, approval certificate number, address, telephone number and traffic route.
2.Name, academic and professional background of the representative of the long-term care institution.
3.Professional and technical certificates of long-term care personnel or number of justification document provided in this Act.
4.Manner and hours of services.
5.Business suspension, business closure, business reinstatement, relocation and the date thereof.
6.Fee schedules approved by the competent authority.
7.Other matters that may be displayed or broadcasted as published by the central competent authority.
Article 30
Long-term care institutions shall have one business representative to be responsible for the supervision of the business of the institution.
The qualifications of the business representative in the previous paragraph shall be determined by the central competent authority.
Article 31
If the professional representative of any long-term care institution cannot perform his/her duties for any reason, he/she should designate a deputy who is qualified to serve as the business representative.If the period of designation exceeds 30 days, a report shall be filed with the competent authority of the place where the institution is located for approval.
The period of designation as set forth in the previous paragraph shall not exceed one year.
Article 32
The central competent authority shall establish a linking mechanism among the long-term care service system, healthcare system and social benefit service system, providing the service users effective referral and consolidated services.
Article 33
Long-term care institutions providing residential services shall enter into healthcare service agreements with healthcare institutions that can accept timely referrals or that can provide the required healthcare services.
Article 34
Long-term care institutions providing residential services or comprehensive services that include residential services shall acquire public accident liability insurance to ensure lives andsafety of the users of long-term care services.
The central competent authority shall determine the scope and amount of insurance to be purchased in consultation with the industry competent authority.
Article 35
The central competent authority shall assist local competent authorities to refer to local income levels, consumer price index and service quality and provide the long-term care institutions with fee charge reference information.
The fee items and amounts charged by long-term care institutions shall be reported to the competent authority of the place where the services are provided for approval, including any change thereto.
Article 36
When the long-term care institution charges a fee, a receipt should be provided, stipulating the fee item and amount.
No long-term care institution shall breach the fee charge rules under the previous Article, overcharge or create any fee items without authorization.
Article 37
Long-term care institutions shall display the certificate of establishment, fee schedules, service items and complaint channels put in place by the competent authority in a conspicuous location inside the institution.
Article 38
Long-term care institutions shall procure that their registered long-term care personnel prepare records of matters related to the provision of long-term care services.
Records as set forth in the previous paragraph concerning healthcare shall, in addition to retention in accordance with healthcare legislations, be maintained by the long-term care institutions for at least seven years.
Article 39
The competent authority shall perform assistance, supervision, evaluation, inspection and review of long-term care institutions. The competent authority shall also ask the long-term care institutions to provide service related information as required. The long-term care institutions shall provide the required assistance and shall not avoid, interfere with or reject such requests.
The evaluation results set forth in the previous paragraph shall be published.
The evaluation set forth in the first paragraph shall be formulated specifically for the long-term care service institution category. Regulations concerning the evaluation target, contents, manner; the qualifications, recruitment, selection, appointment, and training of evaluators;and other related matters shall be determined by the central competent authority.
Article 40
The competent authority shall establish the standard of quality of long-term care services as follows:
1.User-oriented services and providing proper services
2.Public and transparent information
3.Participation by representatives of home care providers
4.Consideration of diversified cultures
5.Ensuring care and life quality.
Article 41
If any long-term care institution suspends or closes its business, the users of the long-term care services shall be property referred or placed. If referral or placement is not possible, the competent authority shall assist with the referral and placement and the long-term care institution shall provide cooperation.
Any long-term care institution that fails to carry out referral or placement in accordance with the previous paragraph may be subject to enforcement by the competent authority.
The long-term care institution to which the service users are referred shall cooperate with the competent authority to provide necessary assistance.