The home support is regulated by any relevant legislation, in the Portuguese territory. In this article, we clarify which law will apply and that you should consult.
The decree-law no. 62/99, 12 November, has set the regulatory standards of the conditions of deployment, location, installation and operation of the home care service.
However, it is not showing to be adapted to the current context, it was necessary to change some aspects of the laws of the domiciliary services, given the importance of ensuring citizens access to quality services, each time more adequate to the satisfaction of the needs and expectations of the users, respecting their individual rights.
Thus, the services of home care and the legislation that regulates has changed.
HOME SUPPORT: THE LEGISLATION
The first steps in home support and legislation were given by the decree-law no. 62/99, which approved the norms that regulate, to date, the conditions of deployment, location, installation and functioning of the support services and domiciliary care.
Later, in 2007, there was the Decree-Law no. 64/2007of 14 march, which defines the regime for licensing and supervision of the provision of services of establishments of social support.
In 2011, this regime of licensing and supervision of the provision of services and establishments of social support is changed, by Decree-Law no. 99/2011, of 28 September.
This Decree-Law is intended, essentially, to contemplate the principles of simplification and streamlining of the licensing regime.
The Decree no. 38/2013of 30 January, proceeds with the adjustment of this mode of social response to the demands of an effective and efficient management of resources, and the management of safety and quality that focuses on the level of equity of access to health care and flexible, transient or of long duration, and, still, the promotion of families more inclusive and qualified for the provision of care, ensuring the conditions for the permanence of people in their family environment.
It repeals the decree-law no. 62/99, 12 November, previously referred to.
AS DEFINED BY THE HOME SUPPORT: THE LEGISLATION
Establishes this Ordinance, in its article 2.Th, that the domiciliary services is the “social response that consists in the provision of care and services to families and/ or persons in your household, in a situation of physical or psychic dependence and does not can ensure, temporarily or permanently, the satisfaction of their basic needs and/or the achievement of the instrumental activities of daily living, or have family support for the effect”.
The Services of the Social Security report that you receive this type of support, is given priority in the accession to the elderly, people with disabilities and people in situation of dependency.
Ordinance no. 38/2013 further defines as objectives of the Home Support Service, the following:
- Contribute to the improvement of the quality of life of individuals and families;
- Contribute to the reconciliation of family and professional life of the household;
- Contribute to the permanence of the users in their normal life, thus delaying or avoiding the need to resort to residential structures;
- Promote strategies for the development of autonomy;
- Provide the care and services appropriate to the needs of the users, these being the object of contracting;
- Facilitate access to community services;
- Strengthen the skills and capabilities of families and other caregivers.
In 2014, there is the Decree-Law n. º 33/2014, of 4 march, which comes to the second amendment to Decree-Law no. 64/2007, of 11 march, amended and republished by Decree-Law no. 99/2011, of 28 September, which sets the legal regime of installation and operation and supervision of establishments of social support managed by private entities, establishing the respective scheme contraordenacional.
Finally, you may want to look at the Technical Guideline Circular no. 4/2014, of 16 December, of the Directorate-General of Social Security, which defines the model of regulation of contributions to family due to the use of services and social equipment of the private institutions of social solidarity.