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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 6 Penalties
Article 47
Long-term care institutions which satisfy any of the following circumstances shall be subject to a fine of no less than NT$60,000 and no more than NT$300,000, and the names of such institutions and their representatives shall be disclosed to the public:
1.Violate Article 23 herein for expansion or relocation without the competent authority’s permission.
2.Violate Paragraph 1 of Article 34 herein for failure to take out public liability insurance.
3.Violate Paragraph 1 of Article 41 herein for failure to refer, or provide shelter to long-term care service users, or to work with the competent authority to do so.
4.Violate Article 44 herein for abandoning, physically and mentally abusing, discriminating, hurting or illegally confining the long-term care service users’ personal freedom, or infringing upon the users’ interest and right.
Long-term care service institutions violating Subparagraph 1 or 2 of the preceding paragraph shall, in addition to the fine set forth in the preceding paragraph, be required to rectify the situation by a deadline and fail to implement rectification before the deadline in penalties per violation.
Long-term care institutions violating Subparagraph 4 of Paragraph 1 shall be required to rectify the situation by a deadline in addition to the fine set forth in Paragraph 1, and failure to make rectification by the deadline shall be subject to the penalty of suspension of a period between one month and one year. If rectification is still not implemented at the end of the suspension period, the establishment permit shall be revoked.
For the long-term care institutions violating Subparagraph 4 of Paragraph 1 materially, the establishment permit may be revoked directly.
Article 47-1
For the long-term care institutions which are established without permission prescribed in Article 23 herein and also satisfy any of the following circumstances, the institutions’ responsible persons shall be subject to a fine of no less than NT$60,000 and no more than NT$300,000. The names of such institutions and their representatives shall be disclosed to the public, and the institutions may be fined per violation:
1.Provide long-term care service.
2.Violate Paragraph 1 of Article 39-1 herein for evading, interfering with or rejecting the competent authority’s inspection.
3.Violate Paragraph 3 of Article 39-1 herein for failure to work with the competent authority to complete the referral or provide the shelter.
For the long-term care institutions which are established without permission prescribed in Article 23 herein and found abandoning, physically and mentally abusing, discriminating, hurting or illegally confining their service recipients’ personal freedom, or infringing upon the recipients’ interest and right, the institutions’ responsible persons shall be subject to a fine of no less than NT$100,000 and no more than NT$500,000. The names of such institutions and their representatives shall be disclosed to the public, and the institutions may be fined per violation:
For the long-term care institutions which are established without permission prescribed in Article 23 herein and found satisfying the circumstances referred to in the preceding paragraph and thereby causing the service recipients’ death, the institutions’ representatives shall be subject to a fine of no less than NT$200,000 and no more than NT$1,000,000, and the names of such institutions and their representatives shall be disclosed to the public
Article 48
If a long-term care institution breaches the standards for establishment approval, an order shall be issued to seek a remedy. If the breach is not remedied by the deadline, a fine of not less than NT$60,000 and not more than NT$300,000 shall be imposed and the institution shall be ordered again to remedy the breach. If the breach is still not remedied by the deadline, the permit for its establishment may be cancelled.
Article 48-1
The long-term care providers by contract violating Article 32-2 herein shall be punished according to the same provisions. If the providers still fail to comply with the requirement upon punishment, the providers may be suspended from being assigned. If the violation is considered material, the contract with such providers may be terminated.
Article 49
If a long-term care institution breaches Paragraph 3, Article 8-1 hereof, a fine of not less than NT$30,000 and not more than NT$150,000 shall be imposed. The institution shall also be ordered to reimburse any charges made without authorization.
If a long-term care service institution breaches Paragraph 2, Article 36 hereof, a fine of not less than NT$30,000 and not more than NT$150,000 shall be imposed. The institution shall also be ordered to reimburse any charges made without authorization.
Article 50
Any of the following events shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000:
1.Breach of Paragraph 1, Article 18 by any long-term care provider, providing specific long-term care services published by the central competent authority.
2.Breach of Paragraph 2, Article 19 by any long-term care institution, lodging any person who is not long-term care personnel to provide long-term care services.
3.Breach of Article 27 by any entity that is not a long-term care institution, using the name of a long-term care institution.
Article 51
If a long-term care institution breaches Paragraph 1, Article 25 and displays or broadcasts any form of advertisement other than those listed under Paragraph 2, Article 29, or if any advertising content is false, a fine of not less than NT$10,000 and not more than NT$50,000 shall be imposed. An order shall also be issued to seek a remedy. If the breach is not remedied by the deadline, cumulative penalties may be imposed.
If an entity that is not a long-term care institution breaches Paragraph 1, Article 29 and engages in any advertising for long-term care services, a fine of not less than NT$10,000 and not more than NT$50,000 shall be imposed.
Article 52
In providing long-term care services, if a long-term care institution fails to sign written contracts in accordance with Article 42, or if the provisions of the contract breach the matters that must be and must not be included as required by the central competent authority in accordance with Paragraph 2 of the same Article, the institution shall be ordered to remedy the breach. If the breach is not remedied by the deadline, a fine of not less than NT$10,000 and not more than NT$50,000 shall be imposed. Cumulative penalties may be imposed.
Article 53
Any long-term care service institution with any of the following events shall be subject to a fine of not less than NT$6,000 and not more than NT$30,000:
1.Violate Paragraph 3 of Article 19 herein for failure to make a filing regarding a change of long-term care service personnel in a long-term care institution with the competent authority in the place where the institution is located for approval before the deadline.
2.Violate Paragraph 1 of Article 31 herein for failure to designate a qualified deputy when the representatives cannot perform his/her duties for any reason or failing to make a filing with the competent authority in the place where the institution is located for approval within 30 days from the designation.
3.Violate Article 33 herein for failure to sign a healthcare service contract with the healthcare institution that can accept timely referrals or that can provide the necessary healthcare services.
4.Violate Article 38 herein by long-term care personnel for failure to prepare and maintain records in accordance with the law concerning the long-term care services provided or for misrepresentation of their job duties.
5.Violate Paragraph 1 of Article 39 herein for avoiding, interfering with or rejecting the appraisal, assistance, supervision, evaluation, inspection by the competent authority or the competent authority’s request for provision of the service-related information.
If a long-term care service institution breaches Paragraph 1 of Article 31, Article 33 or Article 38 herein, in addition to the fine imposed in accordance with the preceding paragraph, the institution shall also be ordered to remedy the breach. If the breach is not remedied by the deadline, the institution shall be suspended from operations for not less than one month but not more than one year.
If a long-term care service institution fails to pass appraisal in accordance with Paragraph 1 of Article 39 herein, the institution shall be ordered to remedy the failure. If the failure is not remedied by the deadline, a fine of not less than NT$60,000 but not more than NT$300,000 shall be imposed on the long-term care institutions providing institutional lodging services. For long-term care institutions providing other types of services, the fine shall be imposed in accordance with Paragraph 1. If the failure is not remedied by the deadline, the institution may be fined per violation. In serious cases, the institution may be suspended from operations for not less than one month but not more than one year. If the failure is still not remedied upon expiry of the suspension period, its establishment permit may be revoked.
A long-term care institution that is ordered by the competent authority to make rectification by due date pursuant to the requirements defined in the preceding two paragraphs shall not increase its service recipients before the competent authority confirms upon inspection that the rectification is satisfied. Violation of the requirements may result in a fine of not less than NT$60,000 but not more than NT$300,000 imposed on its representative, and the institution may be fined per violation.
Article 54
If long-term care service personnel breaches Article 20, the representative of a long-term care institution breaches Article 30 or a long-term care institution breaches Paragraph 1 of Article 43, a fine of not less than NT$6,000 but not more than NT$30,000 shall be imposed and an order to remedy the breach shall be issued. If the breach is not remedied by the deadline and the case is considered material, the institution shall be suspended from operation for not less than one month but not more than one year.
If a long-term care institution breaches Paragraph 1 of Article 19 herein by having its long-term care personnel provide long-term care services without filing with the local competent authority for approval, a fine of not less than NT$6,000 but not more than NT$30,000 shall be imposed.
Article 55
If a long-term care institution breaches Paragraph 1, Article 36 or Article 37, an order shall be issued to demand remedy of the breach. If the breach is not remedied by the deadline, a fine of not less than NT$6,000 and not more than NT$30,000 shall be imposed.
Article 56
Any long-term care personnel with any of the following events shall be subject to a fine of not less than NT$6,000 and not more than NT$30,000. Business suspension of not less than one month and not more than one year may also be ordered. In serious cases, the certificate may be cancelled.
1.Making false records in performing duties.
2.Allowing another person to use his/her long-term care personnel certificate.
3.Breach of Article 44.
Article 57
Any long-term care institution that hires any individual care worker that did not receive the training under Paragraph 1, Article 64 shall be subject to a fine of not less than NT$3,000 and not more than NT$15,000.
Article 58
Any of the following events shall be subject to a fine of not less than NT$3,000 but not more than NT$15,000:
1.Any long-term care personnel providing long-term care services without completing the enrollment procedure in accordance with Paragraph 1 of Article 19 herein, or other professional medical and social worker’s certificates completing the enrollment procedure pursuant to laws engaging in providing long-term care services without approval from the competent authority.
2.Any long-term care personnel provides long-term care services without completing the renewal of an expired license.
Article 59
Any long-term care institution with any of the following events may have its establishment approval cancelled:
1.Clear management negligence in serious cases, resulting in injury or death of any receiver of long-term care services.
2.Serious breach of this Act by any long-term care personnel in providing long-term care services that is attributable to the institution.
3.Failure to suspend business pursuant to a suspension order.
The determination of the events under Subparagraphs 1 and 2 of the previous paragraph shall be investigated by a dispute resolution committee organized by the competent authority. The invested party shall be given the opportunity to state its opinions. The composition of the dispute resolution committee shall be determined by the central competent authority.
Article 60
The penalties provided in this Act shall be imposed by the local competent authorities.