Order 54/2023, of March 22, of the Minister of Well-being




The Legal Consultant

summary

Law 14/2010, of December 16, on Social Services of Castilla-La Mancha establishes, in its article 62.1, that the autonomous community guarantees the sufficiency and financial stability necessary to exercise against the expenses derived from its powers in social services, ensuring the guaranteed benefits of the Public Social Services System, and article 64.1 states that financing is guaranteed through the legal form of collaboration between public administrations that is adequate to guarantee the financing principles established in article 62 .

Decree 87/2016, of December 27, which unifies the framework for consultation with Local Entities for the provision of Primary Care Social Services in Castilla-La Mancha regulates the signing of collaboration agreements between the competent counselor in terms of social services and local entities of territorial scope below the province for the provision of Primary Care Social Services.

Article 5 of the aforementioned decree determines that the financing criteria to set the amounts of the Concerted Plan, Supramunicipal and Home Assistance agreements, will be established by order, in order to adapt the financing to the needs detected in the territory.

Based on the foregoing, Order 1/2017, of January 13, of the Minister of Social Welfare, defines objectives on the basis of which the financing of the agreements for the provision of Primary Care Social Services that allow unify and standardize financing at the regional level and constitute a legal guarantee for the local entities signing the agreements.

Article 6 of said Order 1/2017, of January 13, establishes the concepts and financing criteria for the provision of home help. At this time the Government of Castilla-La Mancha is betting and changing the home care model to adapt to the changing social needs of the Castilian-La Mancha population, especially those people who need care in their environment.

It is alleged that the new model attends to people in a comprehensive and individualized way, covering those needs that allow them to stabilize in their habitual residence, for this it is necessary to reinforce the current help at home with resources such as meals at home or the support of different professional profiles; In general, actions and actions that make it easier for the elderly, disabled or in situations of dependency or social urgency to carry out their daily activities.

One of the important factors, to achieve this objective, is that home help assistants will have training so that the care they provide is much more complete and adapted to the needs of the people or families who receive it, and this is another of the actions that will make home help of higher quality.

In this way, Order 1/2017, of January 13, is modified in order to include in the normative regulation of the agreements the application of a new reference price for service hours.

Lastly, in line with the change in the reference price for the home help service, the reference import of the economic benefit linked to the home help service that was part of the System's catalog of services for Autonomy and Dependency Care in Castilla-La Mancha. This update is carried out in accordance with the provisions of the Second Final Provision of Decree 1/2019, of January 8, on the procedure for the recognition of the situation of dependency and the right of access to the services and economic benefits of the system for the autonomy and attention to dependency in Castilla-La Mancha that empowers the person in charge of the competent Counselor in matters of dependency care so that, by order, update if necessary the imports established in said decree.

Consequently, with everything expressed above and in accordance with the provisions of article 23 of Law 11/2003, of September 23 of the Government and the Consultative Council of Castilla-La Mancha, as well as in article 5 of Decree 87 / 2016, as of December 27.

Available:

Sole article Modification of Order 1/2017, of January 13, of the Minister of Social Welfare, which established the financing criteria for the signing of agreements with local entities for the provision of primary care social services in Castilla la Mancha

Article 6 of Order 1/2017, of January 13, of the Minister of Social Welfare, which establishes the financing concepts and criteria for the provision of home help for the signing of agreements with local entities for The provision of primary care social services in Castilla-La Mancha is worded as follows:

Article 6 Funding concepts and criteria for the provision of home help

1.- For the development of the provision of home help, the financing will be carried out taking into account the following concepts:

  • a) Cost per hour, which will include all the inherent expenses derived from the provision of home help, according to the following reference price per hour:
    • 1. Reference hour price from Monday to Saturday. – €13,15 per hour.
      • 2. Reference price on Sundays and holidays. – €17,49 per hour.
  • b) Number of hours depending on whether the service is carried out from Monday to Saturday or Sundays and holidays.
  • c) Displacements of professionals to population centers separated from the municipality, when the service is provided in populations of less than 2,000 inhabitants.

The cost of the displacement will be determined for each year according to the amount that is set for the personnel at the service of the Junta de Comunidades de Castilla-La Mancha.

2. The criteria to establish the financing for the development of the provision of home help will be the following:

  • a) Number of hours provided in the previous year.
  • b) Proposals for incorporation into the provision of home help proposed by the Primary Care Social Services according to the following priorities:
    • 1 People in a social emergency situation.
    • 2 People who have a recognized degree of dependency.
    • 3 People who will have requested recognition of the dependency situation.
    • 4 People who are not in a situation of functional dependency, but who have difficulties developing independently in their home and habitual environment.
  • c) Requests for the inclusion of travel expenses in the agreement must meet the following criteria:
    • 1. That the population center separated from the municipality has at least four users of the provision of home help.
    • 2. That the distance between the municipality and the population center is greater than 10 km.
    • 3. Maintain the financing of the projects executed in the previous year, to the extent that it is verified that the objects have been fulfilled, through the technical reports that accompany the justifications to be presented by the Local Entity, as established Article 12.3 of Decree 87/2016, of December 27, unless it produced a modification of projects and how many, in accordance with the procedure contained in Article 8.3 of Decree 87/2016, of December 27.

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FINAL PROVISIONS

First final provision Update of the reference cost of the economic benefit linked to the home help service

The reference cost of the home help service provided for in article 31.3 of Decree 1/2019, of January 8, of the procedure for the recognition of the situation of dependency and the right of access to the services and economic benefits of the system for autonomy and dependency care in Castilla-La Mancha is set at 13,15 euros per hour for services provided by moons on Saturday and 17,49 euros for services provided on Sundays and holidays.

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Second final provision Entry into force

This order will enter into force next year from its publication in the Official Gazette of Castilla-La Mancha.