Care homes in Poland

1. Which laws apply to opening care homes?

  1. Social Welfare Act;
  2. Regulation of the Minister of Social Policy on the issuance and withdrawal of permits to conduct commercial activity in the scope of running an institution providing 24-hour care;
  3. Regulation of the Minister of Labour and Social Policy on social welfare homes.

2. Is the care home operator required to have a presence in the local jurisdiction?

A care home may be operated by local government bodies, the Catholic Church, other legally incorporated and registered churches, religious associations and social organisations, foundations and associations, as part of their statutory activities, an individual person or legal entity, as well as an EU-based individual person or legal entity.

Care homes may be operated, among others, by an individual person, in the form of civil partnership, and commercial companies, regulated in detail by the Commercial Companies Code, except for a partnership, which is reserved for professionals.

4. How are the governing bodies of the care home regulated? 

The organisational structure and detailed scope of tasks of particular types of care homes is defined by the relevant regulations established by the care home director and adopted by the management of the local government unit; and in the case of a commune care home, by the head of the village council, mayor or president. If the nursing home operator is a private entity, it sets its organisational regulations.

5. Is a concession or approval by any regulatory authority required to open a care home?

To operate a care home requires a permit to be obtained from the relevant voivode (regional authority). A voivode must issue a permit if the applying entity meets certain standards and the conditions set out in the Social Welfare Act, and submits the relevant documents.

6. Is a care home restricted in the performance of activities on the local market?

Care homes are incorporated for the performance of specific social service as prescribed by the applicable provisions of law.

7. Are there any restrictions on how care homes may use their profits?

No.

8. Does the government provide any type of subsidy?

The provisions of law specify the order in which customers pay the fees. Firstly, the residents should pay themselves. If the resident does not pay the full amount, the fees are paid by the spouse, descendants, ascendants, and the municipality from which the person was directed to the social welfare home.

9. Is there a supervisory authority in relation to the activities of the care home?

The voivode has the right to inspect such facilities. Inspections are carried out by a team of employees from the voivode unit for supervision and control in social welfare. In the event shortcomings are identified, the voivode may issue post-inspection recommendations. If the care home fails to implement the recommendations, the voivode will have the right to decide to withdraw the permit to run the care home temporarily or permanently, or to impose a fine.

10. What is the number of inhabitants?

~37.974m (source: World Bank)

11. What is the number of inhabitants older than 65 (in %)?

17.52% (source: World Bank)

12. What is the number of care homes?

873

13. Is there a waiting list?

Between a few months and a few years for publicly owned care homes.

14. What institutions regulate and monitor the health and social care services?

Poland, there are so-called 'social care homes' and 'nursing homes/senior citizens' homes as homes for the elderly. Every care home, whether private or state-run, is subject to the relevant regulations, which specify the requirements to be met. Both are used to provide care at the applicable standard level, living, caring, support and educational services to people who require round-the-clock care due to age, illness or disability. Both are also chargeable. The difference is that a social care home is an organisational unit of social welfare and a nursing home/senior citizens' home, can be established by a private person. The requirements to be met by a social care home and a nursing home are the same. The legislation makes no distinction between a social care home established by a social welfare organisation and a nursing home established by private person.  Supervision and control over the activities of such a center is exercised by the governor (Polish: wojewoda), who has jurisdiction over the nursing home.  Care facilities - nursing homes are also subject to preventive control by the National Preventive Mechanism operating under the Ombudsman. Their functioning and operation is regulated by the provisions of the Social Welfare Act, which regulate both the standards for the operation of facilities providing 24-hour care to disabled, chronically ill or elderly persons, and the procedures for supervision and inspection and for dealing with cases of unlicensed operation.