CMS Expert Guide to European care homes

The Social Welfare Act, the Public Services Act, and the Companies Act. 

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.

Yes, an operator must either: (i) establish a social welfare institution (which is as a rule incorporated by state or local authorities, but can be established by a legal or natural person); or (ii) act as a social welfare service provider (in the form of an entrepreneur, company, association, or other organization form allowed by Serbian law). 

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.

As explained above, the care home must be: (i) a social welfare institution; or (ii) a social welfare service provider.

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.

If the care home is incorporated as a social welfare institution it must have the following governing bodies:

• Management Board
• Supervisory Board, and
• Director.   

Governing bodies of a social welfare service provider depend on its form of incorporation.

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.

No concession is required to open a care home; however, social welfare services are adequate for a PPP. 

A care home may perform its activity only based on a licence issued by the ministry. 

The conditions that must be fulfilled in order to obtain the licence are:

1. registration of the care home;
2. fulfilment of standards re. location, personnel, equipment, space, organization, etc.
3. provision of social welfare services for two years.

If a care home does not fulfil the conditions under point 3 (i.e. if a home is only starting operations in Serbia) and/or only partially meets conditions under point 2, it can obtain a limited licence for its operation. 

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.

If the care home is incorporated as a social welfare institution, then it may only perform specific social services. 

If the care home is incorporated by a social welfare service provider as a company in accordance to the Companies Act, there are no restrictions. 

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

No.

No.

The fee payable to a publicly owned care home could be partially or entirely subsidized from public funds. The subsidy depends on the socio-economic status of the customer. 

The ministry has also started subsidizing fees for privately-owned care homes. The subsidies are only applicable to the privately-owned homes that have participated in the public tender and concluded an agreement with the Ministry. The fees are subsidized for users who have been on a waiting list of a publicly owned care home and are considered economically vulnerable. The exact amount of the subsidy depends on the socio-economic status of the user.

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.

Yes. The Ministry for Social Affairs. 

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.

6.945 million (source: World Bank)

~37.974m (source: World Bank)

18.74% (source: World Bank)

17.52% (source: World Bank)

213

873

1 year (for publicly owned care homes)

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

N/A

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.