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PROVIDING OF SOCIAL SERVICES IN SOCIAL CARE AND MEDICAL FACILITIES
Abstract
This paper deals with the issue of the social security of persons at risk of social exclusion in the form of providing social services. Health is one of the most valuable assets of each person. The good health of the individual is very important not only for people, but also for society as a whole. An unsatisfactory state of health of the population has a negative impact on the economy of the state. For this reason, the funds deposited into health treatment and healthcare of the state in question are an indispensable part of public funds and represent investments that have an impact on the gross domestic product of the state. When an individual decides on their own health and care for the person, the free will of person may be at variance with the opinion of a patient, or even at variance with applicable legislation (e.g. quarantine). The conditio sine qua non of any doctor's serious decision is the patient's consent with future surgery. To ensure such a qualified approval, the patient must be properly instructed, i.e. he/she understands each diagnostic or therapeutic procedure. The institute of so-called informed consent, i.e. the qualified consent of an informed patient, is supplemented with two other institutes, namely the expected consent and implicit consent. Medical facilities are authorized to provide not only medical care, but also social care in the form of so-called social hospitalization, which constitutes a form of social welfare. A medical facility can release a citizen from institutional care only if there are no grounds for his/her hospitalization, and if person is able to be on their own without the assistance of another person. If the second condition is not met, such a person can only be released from the institutional care of the medical facility after timely notification of a family member or other person who will be able to take care of the person. If it is not possible to ensure such care for the citizen, the medical facility shall be required to inform the municipality with extended powers (according to the place of residence of a citizen) in advance of the release date of the citizen. Providing social services in institutional medical care facilities and is a temporary measure until the person is provided with assistance from the social service facilities listed in the Social Services Act, or by other persons. However, if such a person is unable to be on their own without the assistance of another person and such assistance is not ensured after the person’s release, care will continue to be provided in the medical facility. Further stay at such a facility will be considered provision of social care. In such a case it will be paid for by either a care allowance, or if the person is not a beneficiary of this contribution, then from their own income. Thus, if it is not possible to objectively provide assistance to a person outside of a medical facility, such a facility may conclude a contract with the patient on providing social services. A reverse situation also exists, i.e. the provision of health care in social care facilities. The paper is mainly based on the analysis and comparison of the relevant scientific literature, legal regulations and case law. Mainly qualitative and quantitative methods of approach to research will be used in the paper.
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