About medical indications and contraindications for use

Jurisprudence

POSITION

ABOUT THE PSYCHONEUROLOGICAL BOARDING OF THE MINISTRY OF SOCIAL SECURITY OF THE RSFSR

Approved by Order of the Ministry of Social Security of the RSFSR dated December 27, 1978 No. 145 I. General provisions 1. A psychoneurological boarding school is a medical - social institution, intended for

What are the conditions and procedure for resolving a life situation?

Elderly people and disabled people. . General conditions of participation in the tender.

3. The psychoneurological boarding school carries out its activities under the leadership of a higher-level organization and the executive committee of the Council of People's Deputies.

4. Ministry of Social Welfare autonomous republic, the social security department of the executive committee of the regional, regional, district (city) Council of People's Deputies coordinates the activities of psychoneurological boarding schools located in the corresponding territory.

The district or city department of social security organizes the identification of citizens in need of placement in a psychoneurological boarding school, and the preparation of documents to send them to this institution, and also ensures the household and labor placement of citizens for whom VTEK establishes disability group III, and exercises control within its competence and practical assistance in the activities of a psychoneurological boarding school.

5. A psychoneurological boarding school is on the budget of an autonomous republic, territory, region, city (republican subordination) and has an annual cost estimate approved by the Ministry of Social Security of the Autonomous Soviet Socialist Republic, the regional, regional, city (republican subordination) department of social security, enjoys the right of a legal entity, has seal and stamp with your name, as well as staffing table, approved in accordance with the established procedure.

In addition to budgetary funds, a psychoneurological boarding school may, in accordance with the established procedure, have special funds from subsidiary agriculture, medical-industrial (labor) workshops and other income, which are spent in accordance with the estimate approved by a higher organization.

6. A psychoneurological boarding school is organized in specially constructed or adapted buildings with the necessary premises that meet sanitary, hygienic, fire and safety requirements, and must have all types of communal amenities.

7. A psychoneurological boarding school is organized separately for men and women (in cases where it is not possible to organize separate boarding schools for men and women, it is allowed to keep women and men in the same boarding school, but separately in buildings), also taking into account age (18 - 40 years and over 40 years).

In order to improve the organization of medical care, care and the implementation of social and labor rehabilitation measures, persons living in the boarding school are placed in departments and rooms in accordance with the conditions of detention (bed, observation, free), health status, age and personal desire.

8. To carry out therapeutic-labor and activating therapy, therapeutic-industrial (labor) workshops are created in the boarding school; and if the boarding school is located in a rural area, in addition - subsidiary agriculture with the necessary tools, equipment and transport.

Medical production (labor) workshops and subsidiary agricultural farms operate in accordance with the regulations on them approved by the Ministry of Social Security of the RSFSR.

In order to strengthen the material base of medical and industrial (labor) workshops, workshops and areas can be created in the boarding house as structural divisions of enterprises; the activities of such workshops and areas are regulated by the relevant regulations.

9. Monitoring the quality of medical care for mentally ill people living in a boarding school, compliance with sanitary, hygienic and anti-epidemic regimes and the provision of specialized medical care is carried out by health authorities in the prescribed manner.

10. In its activities, the psychoneurological boarding school is guided by current legislation of the USSR and the RSFSR, decrees and orders of the Government of the USSR and the Government of the RSFSR, orders, instructions and resolutions of the board of the Ministry of Social Security of the ASSR, regional, regional, Moscow, Leningrad city departments of social security, others regulations, as well as these Regulations.

II. Tasks and functions of a psychoneurological boarding school

11. The main objectives of the psychoneurological boarding school are:

11.1. Material and household support for the elderly and disabled, creation of living conditions for them close to home, a favorable microclimate.

11.2. Organizing care (supervision) for residents, providing them with medical care and conducting cultural and mass work.

11.3. Implementation of activities aimed at social and labor rehabilitation of disabled people.

12. In accordance with the main objectives, the psychoneurological boarding school carries out:

12.1. Reception of elderly and disabled mentally ill people and active assistance in their social and labor adaptation.

12.2. Household services for disabled people, providing them with comfortable housing with furniture and equipment, bedding, clothing and shoes in accordance with approved standards.

12.3. Organization of the rational, including dietary nutrition, taking into account age and health status.

12.4. Care (supervision) for mentally ill people in accordance with detention regimes.

12.5. Medical examination and treatment of residents, organization of consultative medical care from specialists, hospitalization of those in need in medical and preventive institutions.

12.6. Carrying out sanitary, hygienic and anti-epidemic measures.

12.7. Providing those in need with hearing aids, glasses, prosthetic and orthopedic products, and non-motor vehicles.

12.8. Organization, together with the cultural departments of the executive committees of the Councils of People's Deputies, of cultural and mass work with the elderly and disabled, taking into account their state of health and age.

12.9. Implementation, in accordance with medical recommendations, of a set of rehabilitation measures to restore the personal and social status of residents.

12.10. Measures to improve the quality of service, maintenance and care, introduce into practice advanced forms of work and methods of serving mental patients.

12.11. Improving the organization of labor of personnel and increasing their qualifications at local bases of health authorities, introducing small-scale mechanization equipment.

12.12. Widespread use of patronage assistance from enterprises (institutions) in improving the operation of the housing stock, cultural and community facilities and improvement, as well as carrying out cultural and educational work.

13. The financial and economic activities of the psychoneurological boarding school are carried out in accordance with the approved plan and cost estimate.

For these purposes, the administration of the psychoneurological boarding school organizes:

13.1. Providing the boarding school with materials, equipment, inventory, fuel, food, clothing, shoes, linen and their rational use.

13.2. Rational and economical spending public funds, allocated for the maintenance of a psychoneurological boarding school, and the safety of commodity and material assets.

13.3. Compliance with labor protection rules and regulations, safety precautions, fire safety.

13.4. Reconstruction, as well as timely major and current repairs of buildings, structures, communications.

13.5. Rational use of fixed assets and uninterrupted operation of all support services.

13.6. Improvement and landscaping of the territory.

13.7. Write-off of property that has become unusable in accordance with the Instructions for accounting for linen, bedding, clothing and footwear in institutions and organizations of the system of the Ministry of Social Security of the RSFSR, approved by Order of the Ministry of Social Security of the RSFSR dated June 13, 1975 N 73.

13.8. Maintaining accounting, operational and statistical records, drawing up reports according to approved forms and submitting them to the relevant authorities within the established time limits.

14. The administration of the boarding school performs the duties of guardians and trustees in relation to persons living in a psychoneurological boarding school and in need of guardianship and trusteeship.

To protect the property interests of these persons (receipt of pensions, property management, etc.), if necessary, a guardian over the property may be appointed.

III. Conditions of admission, maintenance and discharge from a psychoneurological boarding school

15. The psychoneurological boarding house accepts persons suffering from chronic mental illnesses who, for health reasons, require care, household services and medical assistance in accordance with , approved by the USSR Ministry of Health and agreed with State Committee USSR on Labor and Social Issues September 5 - 7, 1978 N 06-14/12/2495-MK, regardless of the presence of relatives obligated by law to support them.

16. The psychoneurological boarding school accepts citizens (women over 55 years old, men over 60 years old) and disabled people of groups I and II over 18 years of age.

If there are free places in a psychoneurological boarding school, persons suffering from chronic mental illnesses can be accepted for temporary residence for a period of 2 to 6 months on a general basis.

Disabled people Patriotic War, participants in the Patriotic War and members of the families of fallen military personnel, as well as deceased disabled people and participants in the Patriotic War, are admitted to the boarding school on a priority basis.

17. Admission to a psychoneurological boarding school is carried out according to a permit from the Ministry of Social Security of the Autonomous Republic, the regional, regional, Moscow, Leningrad city departments of social security, which is issued on the basis of (Appendix No. 1) and a medical card (Appendix No. 2), issued by the district (city) department of social security and medical and preventive institution, VTEK certificate (for men under 60 years old, and women - 55 years old).

18. For each disabled person or elderly person admitted to a psychoneurological boarding school:

18.1. Personal file containing: travel voucher, pensioner's ID, application (Appendix No. 1), VTEC certificate (for disabled people), medical card (Appendix No. 2). Personal files of the elderly and disabled are kept in the office of the boarding school.

The passport of an elderly or disabled person admitted to a boarding school is kept in the office of the boarding school, in a special fireproof cabinet.

[By the decision of the Supreme Court of the Russian Federation dated January 29, 2007 N GKPI06-1458, paragraph 2 of clause 18.1 was declared invalid in the part providing for the mandatory storage of the passport of a citizen living in a boarding school in the office of the boarding school. By the decision of the Supreme Court of the Russian Federation dated April 12, 2007 N KAS07-103, this decision was left unchanged.]

18.2. A medical history that everyone can relate to medical documents from the time the elderly or disabled person was in a boarding school.

19. Sums of money, jewelry and securities of persons entering a psychoneurological boarding school, not placed in a savings bank (branch of the State Bank), at their request, are accepted for storage in the prescribed manner by the administration upon demand by their owner or a person who has a certificate of right to inheritance issued in accordance with the procedure established by law.

The procedure for receiving, recording, storing and issuing these valuables is carried out in accordance with clauses 27 - 37 of the Instructions for accounting for linen, bedding, clothing and footwear in institutions and organizations of the system of the Ministry of Social Security of the RSFSR, approved by Order of the Ministry of Social Security of the RSFSR dated 13 June 1975 N 73.

20. Citizens living in a boarding school, with the permission of the administration, can use suitable things that belong to them.

[By the decision of the Supreme Court of the Russian Federation dated April 12, 2007 N KAS07-103, paragraph 20 was declared invalid.]

21. Pensioners during their stay in a psychoneurological boarding school are paid a pension in accordance with the Regulations on the procedure for assignment and payment state pensions. For personal pensioners - in accordance with the Regulations on personal pensions.

22. In cases where those provided for health reasons cannot receive the pension due to them personally, the boarding school administration reports this to the relevant social security authority and, together with it, takes measures to recognize the resident as incompetent and appoint a guardian over the property in accordance with Art. 127 of the Code on Marriage and Family of the RSFSR.

23. Elderly citizens and disabled people living in a boarding school may, in exceptional cases, be accepted for temporary work not related to patient care in this institution in accordance with current legislation for the positions of junior service personnel and workers, if work is not contraindicated for them due to health reasons , with part-time work and payment in proportion to the time worked.

In accordance with the Decree of the Presidium of the Supreme Soviet of the USSR of September 24, 1974 “On the working conditions of temporary workers and employees,” workers and employees hired for a period of up to two months are recognized as temporary, and to replace temporarily absent workers, for whom the place of work (position) is retained ), - up to four months.

24. Provided, attracted to work in medical and industrial (labor) workshops, in the auxiliary agriculture at the boarding school, 50% of the cost of work performed, as provided for in the calculation, is paid for the manufacture of relevant products, with the remaining 50% credited to the estimate of special funds. These funds are spent on additional cultural and social services and food for all those provided.

For persons who are poorly versed in banknotes, money is issued in the presence of a labor instructor or librarian, who checks the correctness of the amount paid and signs for the illiterate.

The administration of the boarding school and medical workers organize control over the correct and appropriate spending of earned money by those individuals who, due to the characteristics of the disease, cannot rationally spend the earned money.

[By the decision of the Supreme Court of the Russian Federation dated January 29, 2007 N GKPI06-1458, paragraph 3 of paragraph 24 was declared invalid in the part that provides for control by the administration of the boarding school and medical workers over the correct and appropriate expenditure of earned funds by those persons who are not recognized as incompetent or partially capable. By the decision of the Supreme Court of the Russian Federation dated April 12, 2007 N KAS07-103, this decision was left unchanged.]

25. Temporary departure from a boarding school for the elderly and disabled may be permitted taking into account the doctor’s opinion on the possibility of departure, subject to a written obligation of relatives or other persons to provide care for the sick and with the consent of the director for a period of no more than 1 month.

Expenses associated with travel to relatives or other persons are not reimbursed.

26. The transfer of persons from one psychoneurological boarding school to another and within the autonomous republic, territory, region, cities of Moscow and Leningrad is permitted by the Ministry of Social Security of the Autonomous Soviet Socialist Republic, the regional, regional, Moscow and Leningrad city departments of social security.

27. Transfer from a psychoneurological boarding school to a boarding home for the elderly and disabled can be made only if there is a conclusion from the medical advisory commission of a psychoneurological dispensary, a psychiatric hospital and permission from the Ministry of Social Security of the Autonomous Soviet Socialist Republic, the regional, regional, Moscow, Leningrad city department of social security.

28. The discharge of an elderly or disabled person from a psychoneurological boarding school is carried out with the permission of a higher (subordinate) organization if there is housing, means of subsistence and the possibility of self-care, or at the request of relatives who can support him and provide the necessary care for him, as well as if it is established that the next re-examination of a disabled person of group I or II - disability group III.

29. When leaving a boarding school, an elderly or disabled person is given the clothes assigned to him, underwear and shoes for the season, a certificate indicating the time of stay in a psychoneurological boarding school and the reason for leaving, and personal belongings and valuables stored in the boarding school are returned.

IV. Management of a psychoneurological boarding school

30. The psychoneurological boarding school is headed by a director, who is appointed and dismissed by a higher-level organization from persons with higher medical, pedagogical or economic education.

31. The director organizes the work of the boarding school and bears full responsibility for its condition and activities.

Public organizations and the boarding school staff take a wide part in the preparation and discussion of economic activities, in the development and implementation of measures to ensure the implementation of the work plan for the development and improvement of forms and methods of serving residents of the psychoneurological boarding school, and improving the working and living conditions of its employees.

32. The director, without a power of attorney, acts on behalf of the psychoneurological boarding school, represents it in all institutions and organizations, disposes of the property and funds of the boarding school in accordance with the procedure established by law, enters into contracts, issues powers of attorney, including those with the right of subrogation, and opens appropriate boarding school accounts in banks.

Within the limits of his competence, the director issues orders for the psychoneurological boarding school; in accordance with labor legislation, hires and dismisses workers, applies incentive measures and imposes penalties on employees of the institution and persons living in it.

33. The director of the boarding school, in agreement with the local trade union committee, provides bonuses to employees for achieving the best results in their work in accordance with the established procedure.

Bonuses for senior employees of a psychoneurological boarding school (director, his deputies, chief accountant, senior accountant with the rights of chief accountant) are made by a higher social security body in agreement with the relevant trade union committee. Bonuses for these employees in the presence of facts of violation of financial and budgetary discipline are not made.

34. The administration of the boarding school together with the local trade union committee:

34.1. Establishes internal labor regulations in accordance with the Model Rules.

34.2. Distributes living space in the institution's buildings, as well as living space made available to the institution in other buildings.

35. The boarding school administration, together with the local trade union committee, organizes a socialist competition, sums up the results and determines the winners.

36. Inspection of the work and audit of the financial and economic activities of the psychoneurological boarding school is carried out by higher-level and other organizations in the prescribed manner.

Site visitors have many questions about placement in nursing homes, and reliable and useful information very few. We hope that the material below will help you understand controversial situations.

Question: Three people are registered in a three-room non-privatized apartment: a father (disabled), his son and grandson. The son wants to place his father in a nursing home. The father, in principle, does not object, especially since the law requires his consent to this.
However, what will happen to the apartment, or rather, will the father retain the right to live in it, will he be deregistered due to the fact that he moved to live in a nursing home?
Can he return from the nursing home to his previous place of residence?
And one more question. What are the rules for placement in a nursing home (what documents are required)?
Is so-called “temporary living” possible in a nursing home?

According to Article 27 of the Fundamentals of Legislation Russian Federation on the protection of citizens' health dated July 22, 1993 No. 5487-1 (with the latest amendments dated December 2, 2000), disabled people have the right to free medical and social care in institutions of the state or municipal health care system, to care at home, and in in case of inability to satisfy the basic needs of life - for maintenance in institutions of the social protection system.

In accordance with part 1 of Art. 7 of the Law of the Russian Federation of December 10, 1995 No. 195FZ “On the fundamentals social services population in the Russian Federation” (as last amended on August 22, 2004), the state guarantees citizens the right to social services in state system social services. According to part 3 of Art. 7 of the Law, every citizen has the right to receive free information from the state system of social services about the opportunities, types, procedures and conditions of social services.

IN Article 10 of the Law on the Basics of Social Services for the Population it is said: “Social services in stationary social service institutions are carried out by providing social services citizens who have partially or completely lost the ability to self-care and need constant outside care, and ensures the creation of living conditions appropriate to their age and state of health, the implementation of medical, psychological, social activities, nutrition and care, as well as the organization of feasible labor activity, rest and leisure.”

By Decree of the USSR State Labor Committee of June 20, 1978 No. 202, the Standard Regulations on a Home for the Elderly and Disabled were approved, according to clause 1 of which a home for the elderly and disabled is a medical and social institution intended for permanent residence. elderly and disabled people in need of care, household and medical services. Depending on the type of house, they have the following names: “Boarding House”, “Boarding House for Labor Veterans”, “Psycho-neurological Boarding School”, “Children’s Home-Boarding School”.

According to clause 5 of the Regulations The district or city department of social security organizes the identification of citizens in need of placement in a boarding home and the preparation of documents for referral to these institutions, and also ensures the household and labor arrangements of citizens upon their departure from the boarding home and exercises, within its competence, control and practical assistance in the activities of boarding homes.
As stated in clause 15 of the Regulations, the boarding house carries out:

• reception of elderly citizens and disabled people and active assistance in their adaptation to the new environment and life of the team;
• consumer services for the elderly and disabled, providing them with comfortable housing with furniture and equipment, bedding, clothing and shoes in accordance with approved standards;
• organization of rational and dietary nutrition, taking into account their age and health status;
• care (supervision) for the elderly and disabled, creation of a favorable microclimate and maintenance (maintenance) regimes.

The conditions for admission, maintenance and discharge from the boarding house are contained in Chapter III of the Model Regulations on a Home for the Elderly and Disabled. According to clause 17 of the Regulations Elderly and disabled people who, for health reasons, need care, personal services and medical assistance, for whom staying in a boarding home is not contraindicated in accordance with the Instruction “Medical indications and contraindications for admission to a boarding home” are admitted to the boarding home for state support, approved by the USSR Ministry of Health, not having able-bodied children or parents obligated by law to support them.

Clause 18 of the Regulations stipulates that citizens (women over 55 years old, men over 60 years old) and disabled people of groups I and II over 18 years old are accepted into the boarding house and boarding house for labor veterans. Admission to a boarding home is carried out on the basis of a permit from a higher-level organization, which is issued on the basis of an application for admission to a boarding home and a medical card, issued respectively by the social security department and the health care institution.

If there are free places in a boarding house, the elderly and disabled can be accepted for temporary residence for a period of two to six months on a general basis.
Pensioners living in a boarding house are paid a pension in accordance with current legislation ( clause 20 of the Regulations). Thus, when a pensioner moves to permanent (temporary, up to six months) residence in a nursing home, the size and procedure for receiving a pension does not change. Citizens living in a boarding house, with the permission of the administration, can use things that belong to them.

Temporary departure of elderly and disabled people from a boarding home for personal reasons is permitted with the consent of the director for a period of no more than one month. Permission for temporary departure may be given taking into account the doctor’s opinion on the possibility of departure and in the presence of a written obligation of their host relatives or other persons to provide care for the elderly or disabled ( clause 26 of the Regulations).

According to clause 27 of the Regulations The discharge of an elderly or disabled person from a boarding home is carried out with the permission of a higher organization (by subordination) if there is living space, means of subsistence and the possibility of self-care, or if there are relatives who can support him and provide the necessary care for him, in the following cases:

• at the personal request of an elderly or disabled person;
• if a disabled person of group I or II is identified during the next re-examination - disability group III;
• for systematic violation of internal regulations.

As for temporary residence in a boarding house, its features are regulated by the order of the Ministry of Social Security of the RSFSR dated January 19, 1982 No. 8 “On the procedure for admitting elderly and disabled people to boarding homes for temporary residence.”

Admission is carried out in accordance with the Instructions on medical indications and contraindications for admission to boarding homes, approved by the Ministry of Health of the USSR and agreed with the State Labor Committee of the USSR on September 5-7, 1978 No. 06-14/12/2495MK, according to the permit of the Ministry of Social Security of the Autonomous Soviet Socialist Republic, regional, regional, Leningrad city departments of social security, Moscow city department of social security.

The voucher is issued on the basis of the same documents that are provided for the elderly and disabled people admitted to boarding homes for permanent residence.

Article 1 of the Law of the Russian Federation of August 2, 1995 No. 122-FZ “On Social Services for Elderly Citizens and Disabled Persons” states that social services include a set of social services (care, catering, assistance in obtaining medical, legal, socio-psychological and natural types of assistance, assistance in vocational training, employment, organization of leisure), which are provided to elderly citizens and disabled people at home I or in social service institutions, regardless of form of ownership.

From Article 4 of the Law It follows that “the state guarantees elderly citizens and people with disabilities the opportunity to receive social services based on the principle of social justice, regardless of gender, race, nationality, language, etc.”

When receiving social services, elderly and disabled citizens have, among other things, the right to consent to social services ( Art. 7). This norm is clarified Art. 9 of the Law: “Social services are provided subject to the voluntary consent of elderly citizens and disabled people to receive social services. Placement in a stationary social service institution is made on the basis of a personal voluntary written application of elderly citizens and disabled people and is confirmed by their signature.”

Placement of elderly citizens and disabled people in inpatient social service institutions without their consent or without the consent of their legal representatives is permitted on the grounds and in the manner provided for Art. 15 of the Law on Social Services for Citizens, according to which elderly citizens and disabled people can be placed without their consent in social service institutions only in the following cases:

• if they are deprived of care and support from relatives or other legal representatives;
• if they are not able to independently satisfy their life needs (for example, loss of the ability for self-care and (or) active movement);
• or recognized as legally incompetent.

The issue of placing elderly and disabled citizens in a stationary social service institution without their consent for the above reasons decided only by the court on the proposal of social protection authorities.

In cases of refusal of social services, elderly citizens and disabled people are explained the possible consequences of their decision ( Art. 10 Law).

As for the very important issue: does an elderly or disabled citizen, settling in a nursing home (boarding home), lose the right to live in an apartment of a state, municipal or public housing stock, then the answer is given in Art. 12 of the Law on Social Services for Elderly Citizens and Disabled Persons. Based on the norm Art. 12 of this Law, elderly citizens and disabled people living in inpatient social service institutions enjoy the rights provided for Art. 7 of this Law, as well as a certain set of rights, including the right specified in clause 10, part 1, art. 12 of the Law on Social Services for Citizens.

Here is the full text of this norm: “Preservation of residential premises occupied by them under a rental or lease agreement in houses of state, municipal or public housing funds for six months from the date of admission to a stationary social service institution, and in cases where members remain living in the residential premises their families - during the entire period of stay in this institution. In case of refusal of the services of a stationary social service institution after the expiration of the specified period, elderly citizens and disabled people who have vacated residential premises due to their placement in these institutions have the right to priority provision of residential premises, if the previously occupied residential premises cannot be returned to them room."

So, the article indicates two cases: when a disabled person lives in an apartment with relatives; when a disabled person lives alone in an apartment. By the way, in both cases we mean non-privatized housing.

In the first case, when the apartment remains inhabited (and registered), for example, as in your case, the son of a disabled person (who goes to live in a nursing home), the disabled person does not lose the right to this living space. Moreover, it remains with him throughout the entire period of his stay in the boarding house. AND no one has the right to remove a disabled person from registration in an apartment. A disabled person who wants to return to the apartment where he is registered has the right to do so after all necessary documents upon discharge from a nursing home.

In the second case, when a disabled person lives alone, he retains the right to non-privatized living space for only six months. A 6 months after moving to a boarding house, the pensioner’s apartment goes to the state.
If a disabled person decides to leave a nursing home after six months, he has the right to priority provision of housing from the state or municipal housing stock if it is impossible for him to return the previously occupied housing.

Many of the laws and regulations mentioned in this article have changed, so it is best to discuss your specific situation with an attorney.

P.S. Question: What to do with the personal belongings of a person who has been discharged to a boarding school?

If a pensioner has children or other relatives, they can dispose of the pensioner’s property.
If an elderly person has no children or relatives, there are options:

1. A pensioner can transfer his property to the boarding house. This will go towards paying for the maintenance and stay in the boarding house;
2. If the pensioner's property has not been transferred to the boarding school, it will be transferred to the city authorities. To do this, the authorities must file a corresponding claim.