Evaluating and Rewarding Enforcement for Senior Citizens’ Social Welfare Organizations-Laws & Regulations Database of The Republic of China by Ministry of Health and Welfare

2021-12-14
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Article 1
This enforcement is stipulated according to Paragraph 5 of Article 37 in the Senior Citizens Welfare Act (hereinafter referred to as “the Act”).
Article 2
The evaluated and rewarded subjects in this enforcement shall be the following senior citizens’ social welfare organizations under the jurisdiction of competent authorities at all levels:
1. Public senior citizens’ social welfare organizations.
2. Government subsidized senior citizens’ social welfare organizations.
3. Senior citizens’ social welfare organizations affiliated to juridical persons or syndicates or those of juridical persons or syndicates.
Article 3
Unless one of the following circumstances occurs, senior citizens’ social welfare organizations shall be evaluated at least once every four years:
1. For newly established senior citizens’ social welfare organizations, they may accept the evaluation within one year after one year from the date of operation.
2. For closed or suspended senior citizens’ social welfare organizations, they shall accept the evaluation within one year after one year from the date of resumption of business.
Article 4
In order to evaluate the performance of senior citizens’ social welfare organizations, the Ministry of Health and Welfare (hereinafter referred to as the Ministry) may engage scholars and experts in health care, management, social work and environmental safety and professionals with experience in senior citizens’ social welfare as evaluation committee members.
All evaluation committee members shall observe the principle of conflict of interest in accordance with related laws and regulations; all evaluation committee members shall keep information known in the evaluation confidential and shall not disclose it except as otherwise provided by the laws and regulations.
Article 5
The evaluation items of senior citizen’s social welfare organizations include the items below:
1. Effect of management.
2. Quality of professional care service.
3. Equipment for a safe environment.
4. Protection of individual rights and interests.
5. Improvement and innovation of service.
The implementation plan of an evaluation shall be publicized by the Ministry in December of the year before the implementation of an evaluation.
Article 6
The Ministry shall conduct evaluations in accordance with the following regulations:
1. Organize an evaluation seminar.
2. Conduct an evaluation in a written form and an investigation on the spot, and keep a record of the evaluation.
3. Convene a first evaluation meeting to review the results of the first evaluation, and notify the evaluated senior citizens’ social welfare organizations of the results.
4. If the evaluated senior citizens’ social welfare organizations raise any objection to the results of the first evaluation, they shall request a second evaluation with the Ministry within fourteen days following the receipt of the notification referred to in the preceding subparagraph. If the request makes sense, the Ministry shall revise the results of the first evaluation; if the request makes no sense, no change in the results of the first evaluation shall be made.
5. Convene an evaluation meeting to review the results of the evaluation and notify the evaluated senior citizens’ social welfare organizations of the ratified results.
6. Publicize the ratified results of the evaluation and other related matters.
The municipal, county, or city relevant authorities shall provide the Ministry any materials required for the evaluation of the organizations under their jurisdiction under Article 2 and shall assign officers to assist in an investigation as required.
Article 7
The results of the evaluation can be marked using the grades below:
1. Excellent.
2. Grade A.
3. Grade B.
4. Grade C.
5. Grade D.
Those with the results of the evaluation listed as Grade A or above will be commended and issued with medals by the Ministry; organizations under Subparagraphs 2 and 3 of Article 2 will be considered for bonuses.
The related staff of those public senior citizens’ social welfare organizations with results of the evaluation listed as excellent shall be rewarded administratively by the relevant authority.
Article 8
Those senior citizens’ social welfare organizations with results of the evaluation listed as Grade A or above have priority to be subsidized by the government or entrusted with conducting businesses; those with Grade C or below shall be dealt with in accordance with Subparagrap 3 of Paragraph 1 in Article 48 of the Act, along with the announcement of the respective names of the institution and the persons in charge, and ordered to improve within a given time limit.
When those with results of the evaluation listed as Grade C or below improve within a given time limit, they shall be re-evaluated by the Ministry after the expiration of the time limit for improvement; those with the results of the re-evaluation listed below Grade B shall be terminated from government subsidies or entrustment of the business and dealt with by the relevant authority in accordance with the Act.
Article 9
The bonuses obtained in accordance with this enforcement by the organizations under Subparagraphs 2 and 3 of Article 2 shall be utilized for conducting businesses for the senior citizens’ welfare, facilitating installations, equipment and rewards for the staff, and shall be registered in accounts in detail.
Article 10
The evaluation of senior citizens’ social welfare organizations may be entrusted to organizations (institutions), universities, and private corporations, organizations, or institutions with expertise in senior citizens’ social welfare or providing evaluation service; the cost of the evaluation shall be attended to via the budget drawn up by the Ministry.
Article 11
(Deleted)
Article 12
This enforcement shall be enacted starting from the date of promulgation.