Illegal long-term care facility operators face fines of up to NT$1 million (US$35,790) if they are found to have caused the death of a tenant through negligence after the Legislative Yuan on Tuesday passed an amendment to the Long-Term Care Services Act (長期照顧服務法).
The amendment authorizes the Ministry of Health and Welfare to inspect the facilities of illegal operators, which are not allowed to avoid, obstruct or refuse such requests and must offer all information requested.
Unauthorized operators who avoid ministry inspections and refuse to follow orders to transfer tenants to legal facilities would be fined from NT$60,000 to NT$300,000, and fines would continue until they comply with government orders.
If an unlawful long-term care institution abandons, mistreats, discriminates, harms or restrains tenants, operators would face fines from NT$100,000 to NT$500,000.
If an illegal operator’s negligence leads to the death of a tenant, they would be fined from NT$200,000 to NT$1 million, the amendment states.
In addition to disclosing the names of institutions and operators operating illegally, the ministry could also fine them until the problems are addressed.
The amendment also requires long-term care facility operators to clearly stipulate service payments based on a tenant’s level of disability and charge them accordingly.
The service should be co-paid by tenants and the government, and the amount to be paid by the government should be stipulated by the ministry.
The amendment also bans long-term facility operators from giving discounts or reducing payments to avoid price competition.
The amendment also states that the act does not apply to facilities built by schools offering long-term care service programs, which should be used for teaching, apprenticeship and research.
The Ministry of Economic Affairs encourages businesses to develop auxiliary devices to be used in long-term care service, the amendment says.
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