Informative Notice
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Daily institutional care of children and adolescents with mental disorders
Daily care is a form of institutional care that is intended for individuals who do not require whole-day stationary care and who want or need help, supervision or an organised form of residence only for a certain number of hours per day. The basic criterion for including persons in daily care in comparison with the whole-day care is that users return home every day.
The service encompasses basic care, social care and health care. The institutional care of children and adolescents with moderate, severe and profound mental and physical disorders who are included in the adapted education programme encompasses also education under a special law, care and guidance.
The service is implemented by special education institutions.
Basic care entails the residence, meals organisation, technical care and transport.
Social care is a professionally managed activity, intended for implementing the contents of social prevention, therapy and guiding the persons entitled to institutional care. It includes the implementation of care tasks, special care forms and guidance tasks.
Health care is implemented in accordance with the regulations in the field of health care.
Education is implemented in accordance with regulations on education. It encompasses the organisation and implementation of a special educational programme, library tasks, information and other tasks.
Guidance entails forming, implementing and monitoring individual programmes, contacting and cooperating with individuals and relatives, cooperating with other institutions and expert workers as well as the organisation of leisure activities.
Applies for SKD:
- Child day-care activities Q88.910
Conditions
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The work permit is issued for social care service or a form of such service as is determined in the rules in the field of social care and creates a content-related whole. The permit is issued by the competent authority.
For the acquisition of the permit and the entry in the register of providers of social care services, the applicant must fulfil the prescribed conditions with regard to status and registration, premises, equipment and staff, they must be financially and commercially able to perform the service and obtain the positive opinion of the Social Chamber of Slovenia.
The application with attached evidence is filed at the competent ministry. In their application, the applicant must indicate the service they want to perform, and data that show their identity (e.g. company name, title and head office).
A professional commission, appointed by the minister, competent for social care, establishes the fulfilment of conditions for the performance of the service.
In the case that the applicant starts operating in the year when the application for the issue of the work permit was filed, the last annual report and auditor's report do not have to be attached to the application.
If the attached last balance sheet indicates loss, it must be covered until the issue of the decision on the entry in the register.
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The concession in the field of social care is granted for performing public services in the field of social care.
The state is the concession provider, except for the care at home services, where the municipality is the concession provider.
A legal or natural person (concessionaire), who fulfils all the prescribed conditions, is granted the concession based on the public tender.
The ministry, competent for social care or the municipal council use the concession act to determine the type and scope of services, for which the public tender (tender) for the granting of concession is published.
The tender can be published only for a service or individual type of service as is determined in the umbrella act and regulations issued based on this act, i.e. on the standards and norms of social care services. A concession cannot be tendered only for a part of a service.
The concessionaire must fulfil the following conditions:
- they are a legal entity in the Republic of Slovenia, registered for performing activities subject to the concession or they area a subsidiary of a foreign legal entity that performs this activity, entered in the registered in the Republic of Slovenia, or they are a natural person registered in the Republic of Slovenia for performing the activity subject to the concession,
- they fulfil the conditions with regard to premises, equipment, staff and other conditions stipulated by the umbrella act and its executive regulations for the performance of the service for which the concession is tendered (services),
- they have prepared a detailed work programme,
- they ensure quality implementation of the service and that
- they area financially and commercially qualified.
The concession is granted for definite time. The concession for daily institutional care is granted for 20 years.
The concession provider enters the concessionaire in the register of issued concessions.
Beneficiaries who are exempt from payment of social care services can enforce the exemptions only for social care services that are performed within the scope of a public service and in accordance with the prescribed standards and norms by a public social care institution or concessionaire, where the price is designed in accordance with the prescribed methodology, and for which the law does not stipulate that they are free for the beneficiary.
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Before entering in the register of providers of social security services on the basis of the work permit or before the acquisition of the concession and entry on the register of concessionaires, the holder of the permit or concessionaire shall obtain the consent to the price of the social security service.
The price of the service is determined by the management authority of the legal entity or the natural entity itself on the basis of the prescribed methodology.
The provider of the social security services files an application for the consent to the price of the service on the form with the competent ministry. Forms are in the Rules of the methodology for setting the price of social assistance services.
The elements for pricing are:
- labour costs,
- costs of material and services,
- depreciation costs,
- costs of investment maintenance,
- financing costs.
The providers of social security services set the prices for standard and above-standard social security services. The setting of the prices for standard and above-standard services shall be separate.
The ministry responsible for social security gives consent to the prices of the service.
Evidence
Consent to the price of social security services
Legal basis
- Social Assistance Act (ZSV)
- Rules on concessions in the field of social assistance
- Rules on the engagement in the provision of social services on the basis of a work permit and entry into the register
- Rules on social services price formation methodology
Competent Authority
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If the service is implemented on the basis of the issued work permit, the competent minister, after acquiring the permit and consent to the price of the service, issues the decision by which the provider of the service is entered in the register of the providers of the service.
If the service is implemented on the basis of the concession, the competent authority, ex officio, enters the granted concession in the register of granted concessions.
The entry in the register of providers of social security services or concessionaires is a condition required to start pursuing social security services.
Legal basis
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The provider of the activity of institutional care shall also provider health care according to regulations in the field of health care.
Legal basis
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The institutional care for children, adolescents and adults under the age of 26 with moderate, severe and profound mental and physical disorder who are included in the special educational programme encompasses also training implemented according to regulations in the field of education and includes:
- organisation and implementation of a special educational programme,
- library tasks,
- information and other tasks.
Legal basis
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The data bases, covering the whole national system of social security, are managed in the field of social security for the needs of implementing social security activities stipulated by law, planning of the social security policy, monitoring of the state as well as for scientific and research and statistical purposes.
Databases include the data on:
- services,
- other assistance for the individual,
- exemption from service payment,
- providers of social security activity,
- funding of social security activity,
- implementation of other tasks entrusted to the providers of the activity by law as public authorisations, and tasks imposed on the providers of the activity by other regulations.
Legal basis
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The provider of a social security service is obliged to constantly send written reports to the ministry responsible for labour on all the facts and occurrences that may affect the implementation of the service, such as relevant personnel changes, unforeseeable events, accidents and similar.
Legal basis
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Once a year by the end of March, the concessionaire must submit to the concession provider the annual report encompassing the balance sheet, income statement and attachment with explanations of the statements and business report regarding the implementation of the service.
On the basis of the work permit, the service provider shall annually submit the annual report on the work in the past year to the Social Work Institute by April 30.
Legal basis
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If the provider in addition to social security activity also performs any other activity, he shall separately show the operations related to the field of social security in the annual report or financial statements.
If the concessionaire, in addition to the service he received concession for, also conducts other services or activities for which he is registered, he shall observe the regulations on the accounting and provide separate monitoring of business operations and presentation of financial results with the means of public funding and other means for the implementation of public service from the monitoring of operations with means arising from the sale of goods and services in the market.
Legal basis