Referring to Article 49 of Law 121/2016 “On Social Services in the Republic of Albania” the Directorate of Inspection of Standards of Social Services proposes one of the following measures:
- Suspension of the activity of the subject until the fulfillment of the relevant standards;
- Revocation of the license for performing the activity;
- In the case of serious violations or in case of repetition, the imposition of fines against the social service providers is subject to fines of 50.000 thousand ALL up to 100.000 thousand ALL and the suspension of the license.
- For violations by employees of public institutions, it is proposed to the responsible unit to initiate disciplinary proceedings and to take measures in accordance with the rules of the Labour Code or civil servant law, according to the employee’s affiliation.
The Directorate of Inspection of Standards of Social Services, when assessing that the elements of the offense are consumed by the responsible persons, makes the criminal report to the competent authorities
You have interest, you want to create and provide social care services?
First, we need to know what social care services are.
Social care services are a set of activities of support, care, assistance, facilitation, in order to ensure the welfare, independence and social inclusion of individuals and families in need. Social care services are provided by professionals in relevant fields.
Second, you should know that social services in Albania operate under Law 121/2016 dated 24.11.2016 “On Social Care Services in the Republic of Albania”.
Third, you should know that the service beneficiaries have rights, are respected, protected and is provided the quality of service. For this, the services you provide, must respect the Social Services Standards. Also, your activity in the field of social care services will be inspected for the quality of service based on the fullfillment of standards of social services.
Fourth, you need to know that it is a legal obligation for you to be licensed to provide a social care services. In the field of social care services two licenses are issued, one for residential care services and one for community / day care services.
How to obtain a license to provide social care services?
First step: Registration
The individual or group of individuals who have the intent, the interest to provide services must be registered in court.
Second Step: Design a service package
The foundation, association or individual prepares the Service Project, describing in detail the services it will provide.
Third Step: Preparation of the files of documents for licensing.
What does the file contain?
- the registration decision in court, as a legal person,
- the founding act and statute;
- description of the service with detailed information;
- the source of funding and its duration;
- certification by the tax authorities and the municipality that has no outstanding liabilities;
- certificates by the courts, where it is proved that the manager or the staff members are not under criminal investigation or proceeding;
- certificate from the judicial authorities, stating that the entity is not under bankruptcy process;
- a residence permit for foreign staff, if any;
- CVs of employees that will provide the services;
- documents on the ownership of the center where the service will be provided, (ownership or lease, loan-use);
- the site planimetry and hygienic sanitary permit, except when the service will be performed in the family;
- reference from the local government for the previous activity of the subject, and the need of the community for the service.
Fourth Step: Application
The application is made at the NBC counters, on the official website of which you can download the application form at (www.qkr.gov.al).
If you have chosen to provide residential care services, the application is accompanied by a request addressed to the MHSP (Ministry of Health and Social Protection).
Fifth Step: Approval
- If you have applied for a community / day care service license, you will receive an answer and receive the relevant certificate directly from the NBC-s office.
- If you have applied for residential care service, approval or rejection of the license will consider the findings of the evaluation inspection, to be sent in the residential center.
What should we know about the approval committee and its procedures?
The composition, procedures and functioning are defined in Instruction No.2, dated 10.03.2014 “On the Procedures for reviewing the Licensing Requirements of the Subjects that Carry Out Social Care Activities”.
Commissionof the review of applications for licensing, is chaired by the Minister responsible in the field of social care, and consists of 4 members, directorate level, of which 3 from the respective directorates in the Ministry and the fourth member of which are representatives from the Directorate of the Inspectorate of Standards of Social Services.
What you need to know regarding the evaluation inspection?
In the case of licensing for residential care services, the Directorate of Inspection of Standards of Social Services, at SLISS, within 10 days of receipt of the applicant’s documentation, performs on-site inspection.
The inspection is done for the assessment of service standards, referring to the general standards, (DCM no.658, dated 17.10.2005), and relevant standards according to the needy group.
Example: If the service is a residential child care center, the assessment will be based on “Social Care Services Standards, for Children in Residential Institutions” (DCM no.659, dated 17.10.2005); or if the service will be a residential care center for the elderly, then the assessment will be based on “Social Care Standards for Old People in Residential Centers” (DCM no.821, dated 06.12.2006).
Within 5 (five) days,The Directorate of Inspection of Standards of Social Services submits to the relevant Commission, within the Ministry, the Assessment Report.
In the event that violations are observed during the inspection, the Directorate of Inspection of Standards of Social Services requests the subject to complete the identified deficiencies within 2 days.
What deficiencies can ascertain the inspection?
- inaccurate documentation, inconsistence with the statements made;
- unsafe or unhealthy environment;
- failure to meet the relevant quality standard indicators;
If these deficiencies are not met within the deadline, the Directorate of Inspection of Standards of Social Services proposes to the Licensing Requesting Commission at the MHSP not to approve the entity’s application for a license.
The appeal of the decision of the Review Committee of the licensing requirements.
The applicant who has been denied the license, within 10 (ten) days from the notification of the refusal, makes a complaint to the Ministry. Within 10 (ten) days from the filing of the complaint, the Minister of the MHSP reviews and takes a decision.
The applicant is addressing the court for appeal, within 30 days of the deadline for his complaint to be reviewed by the relevant Minister.
For the licensing of social care activities, other than the application fee of 100 ALL, the subject to which the license was approved is obliged to pay the 10.000 ALL fee to the MHSP, which will be transferred to the bank account of this institution.
Based on Law no. 121/2016, dated 24.11.2016 “On Social Services in the Republic of Albania”, Article 49, item 2, letter “a”, in case of serious violations or in the case of repetition, decides on the subjects of the provider of social care services, proposes a fine from 50.000 thousand ALL to 100.000 thousand ALL.