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Rights and conditions for moving to a residential care home

Residential care homes provide living, social care, support and educational services which are suitable to, the individual needs of the residents in respect of the form and type of services provided, and in compliance with the applicable standards.

Residential care homes operate on the basis of the Act of 12 March 2004 on Social Assistance (uniform text Journal of Laws of 2020, Text No. 1876 with further amendments) and the Regulation of the Minister of Labour and Social Policy of 23 August 2012 on Residential Care Homes (uniform text Journal of Laws of 23 March 2018 with further amendments). Permits to operate a residential care homes are issued by the Voivode competent for the location of the home.

The right to be placed in a residential care home is granted to a person who requires round-the-clock  social care (round-the-clock social assistance) due to age, disease or disability, and who is unable to function independently on a daily basis, and who cannot be provided with the necessary assistance in the form of care services. Such a person is sent to a residential care home of the appropriate type, located as close to the domicile of this person as possible, unless the circumstances of the case indicate otherwise, after obtaining the consent of the person concerned, or their legal representative, to placement of this person in a residential care home. Receipt of a referral to a residential care home does not depend on the person’s income. The decision to refer a person  to a residential care home and the decision establishing the resident’s fee for their stay in the residential care home are  issued by the municipality authority competent for that person on the date of their referral to the residential care home. The decision on placement in a residential care home is issued by the authority of the municipality running the residential care home or the governor  of thedistrict running the residential care home.

Expenditure relating to the provision of round-the-clock care for residents and the fulfilment of their essential living and social needs is covered in full by the residential care home.

Residential care homes allow for and organise assistance for their residents in using health services to which they are entitled on the basis of separate regulations.

Residential care homes cover lump-sum fees and partial payment for stay up to the price limit provided for in the provisions on healthcare benefits financed with public funds.

Depending on for whom they are intended, residential care homes are divided into homes for:

1)  the elderly;

2)  people suffering from chronic somatic diseases;

3)  people suffering from chronic mental diseases;

4)  adults with intellectual disabilities;

5)  children and youth with intellectual disabilities;

6)  physically disabled persons;

7)  people with alcohol addiction.

There are both public and non-public residential care homes in Poland.

Public residential care homes are run by regional and local authorities. In addition, running residential care homes may be commissioned by these authorities to  non-governmental organisations and entities carrying out social assistance activities, in which case they receive subsidies for financing or co-financing the residential care home.

Non-public residential care homes can be run by non-governmental organisations and other entities, legal persons and natural persons, in the form of business activity Those entities are not the social assistance institutions. They do not fall under the scope of social assistance benefits and services  Placement of a person in a non-public residential care home which has not been commissioned by regional or local authorities does not require a referral decision. In such cases, an agreement is concluded between the home and the person concerned (or their family). A person in need may choose the home in which they would like to stay themselves. Non-public residential care homes do not receive any co-financing for the costs of running such a home. Non-public residential care homes specify the rules of payment for staying in such a home.
 

NAME OF THE ENTITY RESPONSIBLE FOR THE CONTENT OF THE INFORMATION

Ministry of Family and Social Policy

Department of Social Assistance and Integration

email: sekretariat.dps@mrips.gov.pl 


 

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