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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 violating Article 23, Article 34, Paragraph 1 of Article 41, or Article 44 shall be subject to a fine of no less than NT$60,000 and no more than NT$300,000.
Long-term care institutions violating Article 23 or Article 34 shall, in addition to the fine set forth in the previous paragraph, be required to rectify the situation by a deadline; failure to implement rectification before the deadline shall result in penalties per violation.
Unauthorized establishment of a long-term care institution and provision of long-term care services shall be ordered to suspend operation and have the names of the institution and its principal published in addition to the fine and penalty set forth in the preceding two paragraphs.
Long-term care institutions violating Article 44 shall be required to rectify the situation by a deadline in addition to the fine set forth in the first paragraph; 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.
Long-term care institutions violating Article 44 in serious manner, their establishment permit may be revoked.
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 49
If a long-term care institution breaches Paragraph 2, Article 36, 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 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.Breach of Paragraph 3, Article 19 in failing to make a filing regarding a change of long-term care personnel in a long-term care institution with the competent authority of the place where the institution is located for approval before the deadline.
2.Breach of Paragraph 1, Article 31 in failing to designate a qualified deputy when the business representative cannot perform his/her duties for any reason or failing to make a filing with the competent authority of the place where the institution is located for approval within 30 days from the designation.
3.Breach of Article 33 in failing to sign a healthcare service contract with the healthcare institution that can accept timely referrals or that can provide the necessary healthcare services.
4.Breach of Article 38 by long-term care personnel in failing to prepare and maintain records in accordance with the law concerning the long-term care services provided.
5.Breach of Paragraph 1, Article 39 in avoiding, interfering with or rejecting the appraisal, assistance, supervision, evaluation, inspection by the competent authority or providing service related information.
If a long-term care institution breaches Paragraph 1, Article 31, Article 33 or Article 38, in addition to the fine imposed in accordance with the previous paragraph, the institution shall also be ordered to remedy the breach. If the breach is not remedied by the deadline, the business shall be suspended for not less than one month and not more than one year.
If a long-term care institution fails to pass appraisal in accordance with Paragraph 1, Article 39, 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 and not more than NT$300,000 shall be imposed for 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, cumulative penalties may be imposed. In serious cases, the business may be suspended for not less than one month and not more than one year. If the failure is still not remedied upon expiry of the suspension period, the permit for the establishment may be cancelled.
Article 54
If long-term care personnel breaches Article 20, the business representative of a long-term care institution breaches Article 30 or a long-term care institution breaches Paragraph 1, Article 43, a fine of not less than NT$6,000 and 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 in serious cases, the business shall be suspended for not less than one month and not more than one year.
If a long-term care institution breaches Paragraph 1, Article 19 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 and 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 and 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, Article 19.
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.