Administrative Measures for Elderly Care Institutions
Administrative Measures for Elderly Care Institutions
Administrative Measures for Elderly Service Institutions
Order of the Ministry of Civil Affairs of the People's Republic of China No. 49
June 28, 2013
The Administrative Measures for Elderly Service Institutions, as adopted at the executive meeting of the Ministry of Civil Affairs on June 27, 2013 are hereby promulgated, and shall enter into effect on July 1, 2013.
The Minister: Li Liguo
Administrative Measures for Elderly Service Institutions
Chapter I General Provisions
Article 1 These measures are hereby formulated with a view to standardizing the management of the elderly service institutions and promoting the healthy development of the elderly service undertaking in accordance with the Law of the People's Republic of China on the Protection of Rights and Interests of the Aged, relevant laws and administrative regulations.
Article 2 The elderly service institutions mentioned in the measures refer to organizations established and registered in accordance with Permitting Measures of the Establishment of Elderly Service Institutions to provide concentrated residence and care services for the aged.
Article 3 The Ministry of Civil Affairs under the State Council shall be responsible for the guidance, supervision and management of elderly service institutions nationwide. The civil affairs departments of the local people's governments at and above the country level shall be responsible for the guidance, supervision and management of elderly service institutions within their respective administrative areas. Other relevant departments shall supervise the elderly service institutions in accordance with the division of their duties.
Article 4 Elderly service institutions shall guarantee the legitimate rights and interests of the elderly admitted.
The aged that are admitted in elderly service institutions shall comply with the rules and regulations of the elderly service institutions.
Article 5 Local people's governments at or above the county level shall, in accordance with the economic and social development planning and related planning, formulate the construction planning for elderly service institutions jointly with related departments and organize the implementation.
Article 6 Elderly service institutions invested and established by government shall give priority to guarantee the service demands of the solitary old people subject to special care given to servicemen and their family members and the solitary, widowed, disabled, advanced aged and other old people with financial difficulties.
Article 7 Departments for civil affairs shall, jointly with relevant departments, take measures to encourage and support enterprises, institutions, social organizations or individuals to set up and operate elderly service institutions.
Donations and voluntary services provided by citizens, legal persons or other organizations for elderly service institutions shall be encouraged.
Article 8 Departments for civil affairs shall grant praises and awards to the entities and individuals that have made outstanding achievements in their service and management work of elderly service institutions in accordance with the relevant provisions of the state.
Chapter II Service scope
Article 9 An elderly service institution shall, pursuant to the service agreements, provide for the aged admitted with daily care, rehabilitative nursing, psychiatric comfort, cultural entertainment and other services.
Article 10 The services provided by elderly service institutions shall be in conformity with the standards for elderly service institutions and other relevant national standards or industrial standards and specifications.
Article 11 Where an elderly service institution provides service to the aged, it shall enter into service agreements with the aged that receive the service or the agents thereof.
In a service agreement the following items shall be specify:
1. The name, domicile, legal representative or principal responsible person, and contact information of the elderly service institution;
2. The name, domicile, identity certificates and contact information of the old persons, his/her agent or the regular contact person designated by him/her;
3. Items and means of the services;
4. Charging standards and payment methods;
5. Duration and location of the services;
6. Rights and obligations of the parties;
7. Conditions of the modification, dissolution and termination of the agreement;
8. Liabilities for breach of the agreement;
9. Confirmation of responsibility for accidental injury and means for dispute settlement;
10. Other items of consensus by the parties.
Service agreement model text shall be separately formulated by the department for civil affairs under the State Council.
Article 12 An elderly service institution shall provide eating, dressing, toileting, bathing, indoor and outdoor activities and other services to meet the daily needs of the aged.
An elderly service institution shall provide housing that meets the housing conditions for the aged and is equipped with facilities, equipment and appliance meeting the requirements for safety protection of the aged, and disinfect and clean activity fields and items of the aged on a regular basis.
Food and drinks provided by an elderly service institution shall meet the sanitation requirements, conducive to nutrient balance of the aged and accord with national customs.
Article 13 Admission evaluation systems shall be established in elderly service institutions, to well evaluate the health conditions of the aged and implement services in different levels and classes in accordance with the service agreement and the ability of daily living of the aged.
Elderly service institutions shall establish health files for the aged, organize regular medical examination, and well prevent diseases.
Elderly service institutions may, by establishment of medical institutions, or by means of cooperation with the surrounding medical institutions, provide medical services for the aged.
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