Regulations of Shanghai Municipality on Elderly Care Services
Regulations of Shanghai Municipality on Elderly Care Services were adopted at the 28th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on December 30, 2020 and are hereby promulgated. They shall be effective as of March 20, 2021.
The Standing Committee of Shanghai Municipal People's Congress
December 30 2020
Regulations of Shanghai Municipality on Elderly Care Services
(Adopted at the 28th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on December 30, 2020)
Chapter I General Provisions
Article 1 With a view to standardizing the elderly care services, improving the elderly care service system, meeting the needs of elderly persons’ elderly care services, and promoting the development of elderly care services, these Regulations are formulated in accordance with the Law of the People’s Republic of China on the Protection of the Rights and Interests of the Elderly and related laws and rules, and in in the light of the actual circumstances of this Municipality.
Article 2 These Regulations apply to the elderly care services and related support, guarantee, supervision and management activities in the administrative area of this Municipality.
The elderly care services in these Regulations means the services provided by the government and society to the elderly on the basis of the obligation of maintenance and support by family members, such as life care, rehabilitation care, health management, spiritual comfort, emergency rescue, etc., mainly including home elderly care services, community elderly care services and institutional elderly care services.
The elderly care service institutions in these Regulations include elderly care institutions that provide full-day concentrated accommodation and care and nursing services for the elderly persons, as well as home-based community elderly care service agencies that provide home and community elderly services for the elderly persons.
Article 3 This Municipality’s elderly care services shall adhere to the people-centered development concept, comply with the requirements of “people’s city construction”, follow the principles of government leadership, social participation, market operation, overall development, basic guarantee, diversity and benefit to all people, coordinate with economic and social development and achieve high-quality development.
Article 4 This Municipality shall actively respond to the aging of the population, improve the elderly care service system based on homes that are in line with the characteristics of mega-cities, supported by communities, fully developed institutions, coordinated home-based community institutions, and a combination of medical and health care, and improve basic elderly care services, develop public welfare elderly care services, promote market-based elderly care services, cultivate emerging business format of elderly care, push the coordinated development of elderly care undertakings and industries, meet multilevel and diversified needs for elderly care services, and realize elderly care for elderly persons.
Article 5 The people's governments at all levels shall incorporate elderly care services into the national economic and social development plans at their respective levels, include the funds for elderly care services in the fiscal budgets at the same level, and include elderly care services into the scope of their annual work plans and performance appraisal.
The Municipal People's Government shall strengthen the leadership of elderly care services, coordinate the construction of the elderly care service system, guarantee basic elderly care services, promote the healthy development of elderly care services, and establish a sound municipal level coordination mechanism for the construction and operation of elderly care service facilities and related subsidy policies.
The district people’s government shall assume the first responsibility for the elderly care services in its administrative area, and shall, based on factors such as the number, structure and distribution of the elderly population in the administrative area, promote the construction of elderly service facilities, improve support and guarantee measures, and strengthen the work force and comprehensive supervision of elderly care services, increase the supply of elderly care services and improve the quality of elderly care services.
The municipal and district people's governments shall establish and complete a coordination mechanism for the establishment of the elderly care service system, make overall planning of, coordinate and integrate various types of elderly care service resources, and study and resolve major issues in elderly care services.
Town/township people's governments and sub-district offices shall be responsible for organizing the implementation of elderly care services within their jurisdictions, and strengthening the capabilities of elderly care services by arranging corresponding community workers or by government purchasing services
Article 6 The municipal and district civil affairs departments are the administrative departments in charge of elderly care services in their respective administrative areas, leading the advancement of the establishment of the elderly care service system, improving corresponding policies and measures, formulating basic elderly care service standards, and being responsible for the supervision and management of elderly care services.
The health department is responsible for formulating policies and measures for the integration of medical and elderly care, as well as the supervision and management of elderly health work such as disease prevention, medical care, and health promotion for the elderly.
The healthcare security department is responsible for organizing the implementation of the long-term care insurance system and improving the medical insurance policies related to the combination of medical and elderly care.
Departments and institutions such as development and reform, finance, human resources and social security, planning resources, housing and urban-rural construction management, housing management, market regulation, emergency management, fire rescue, economy and informatization, business, education, science and technology, public security, transportation, ecological environment, agriculture and rural areas, cultural tourism, financial management, sports, statistics, and auditing shall, in accordance with their respective responsibilities, jointly do a good job in the work related to elderly care services .
Article 7 This Municipality shall improve the basic elderly care services system. The Municipal People's Government shall formulate and publish a list of basic elderly care services in this Municipality, clarify the items and specific contents of basic elderly care services, and make timely adjustments in accordance with the level of economic and social development, financial conditions, and changes in demand for elderly care services.
The basic elderly care services shall give priority to guaranteeing the basic elderly care service needs of eligible widowed, disabled, severely handicapped, and advanced elderly, as well as those who are specifically supported in family planning families and those who are under special and key care.
Article 8 This Municipality encourages and supports social forces to provide elderly care services, stimulates the vitality of market entities, improves an open, competitive, fair and orderly elderly care service market, and gives full play to the main role of social forces in elderly care services.
Article 9 The children of the elderly and other persons who have the obligation of maintenance and support shall perform the obligations of financial support, life care, and spiritual comfort to the elderly.
This Municipality supports families in taking care of the elderly.
Article 10: Trade unions, Communist Youth Leagues, women’s federations, disabled persons’ federations, Red Cross, as well as elderly care services industry organizations, the old-age organizations, charity organizations, volunteers service organizations and other social organizations shall, according to their duties and regulations, give full play to their respective advantages, and coordinate to do a good job of elderly care services.
Residents’ committees and villagers’ committees shall give full play to their autonomous functions and advantages to assist in providing services for the elderly.
Encourage natural persons, legal persons and other organizations to participate in or support elderly care services in various forms.
Article 11 The whole society shall promote the Chinese nation’s traditional virtues of providing for, conduct filial piety to, and respect for the elderly, actively practice the core socialist values, and establish a social trend of respecting, caring for, and helping the elderly.
Broadcasting, television, newspapers and periodicals, internet and other media shall carry out extensive publicity and education activities on providing for, conducting filial piety to, and respect for the elderly.
Article 12 Based on the regional integrated development strategy of the Yangtze River Delta, this Municipality shall promote the integrated development of regional elderly care services in accordance with the principles of resource complement, information exchange, market sharing, and coordinated development.
Article 13 This Municipality shall support the development of scientific research activities in the basic theories, practical applications, system guarantees, industry promotion, and trade management of elderly care services.
This Municipality shall strengthen domestic and international exchanges and cooperation in technical standards, service models, and development experience related to elderly care services.
Article 14 This Municipality shall regularly conduct surveys on the demand and supply of elderly care services, and establish a system for statistical monitoring and information release of elderly care services.
Chapter II Facilities Planning and Construction
Article 15 The municipal civil affairs department shall, in conjunction with the municipal planning and resources department, formulate a special plan for the layout of elderly care service facilities based on this Municipality’s population, public service resources, and demand for elderly care services. Subject to approval of the Municipal People's Government, it shall be incorporated into the corresponding land and space planning. The district people's government shall be responsible for the implementation of the special plan for the layout of elderly care facilities in the administrative area.
The planning and resources department shall, in accordance with relevant provisions. encourage the increase of elderly service facilities by optimizing the planning implementation and building area awards.
Article 16 This Municipality shall allocate community elderly care service facilities in accordance with the permanent elderly population and needs in the area. The construction area of the whole Municipality’s community elderly care service facilities should not be less than 40 square meters per thousand of the permanent population, and be optimized and adjusted in time according to economic and social development.
Newly-built residential areas shall, in accordance with planning requirements and construction standards, make the auxiliary construction of corresponding elderly care service facilities. The auxiliary facilities for elderly care services shall be planned and constructed simultaneously with residences, and the civil affairs department shall participate in the review and acceptance in accordance with relevant provisions.
This Municipality shall regard the construction of community elderly care service facilities as an important part of urban renewal. If the elderly care service facilities in the built-up residential areas fail to meet the planning requirements or construction standards, the district people’s government of the locality shall adopt construction, renovation, purchase, replacement, lease, etc. to make supplement and improvement.
Encourage enterprises, institutions and social organizations to build up-to-standard elderly care service facilities by integrating or transforming existing enterprise workshops, office buildings, commercial facilities and other social resources. Relevant departments shall govern land planning, fire protection inspection, and construction safety in accordance with relevant provisions of the State and this Municipality.
Article 17 The people's governments at all levels shall include the land used for the construction of elderly care service facilities in the national land space planning and annual land use plan, and rationally arrange the land demand in accordance with the State and this Municipality's per capita land use standards for elderly care service facilities. Under the premise of meeting the requirements of planning and environmental protection, idle public welfare land can be adjusted first to land for elderly service facilities.
Newly built non-profit elderly care service facilities construction land can be allowed to use state-owned land or land collectively owned by farmers in accordance with the law; new for-profit elderly care service facilities construction land shall be supplied by means of leasing, lease first and then transfer, transfer, etc. to expand the land space for elderly care services and to reduce the cost of land for elderly care services.
Article 18 Without legal procedures, no organization or individual may arbitrarily change the use of land for the construction of elderly care service facilities or the nature of the use of elderly care service facilities, and shall not occupy, damage or dismantle elderly care service facilities.
If approved by legal procedures, the use purpose of land for the construction of or the use nature of elderly care facilities is changed, or the elderly care facilities are dismantled, the construction or replacement thereof shall be made in accordance with the scale and standards of the original elderly care service facilities; transitional house occupation shall be arranged during the construction period to meet the needs of the elderly for care services.
Article 19 The municipal and district people’s governments shall accelerate the promotion of barrier-free transformation of public facilities such as transportation and culture closely related to the daily life of the elderly, support the installation of elevators in the built multi-storey residential buildings and elderly care service facilities, and install in public activity spaces additional facilities suitable for elderly activities and rest.
This Municipality shall provide convenience for the elderly in transportation, medical treatment, and affairs handling. Administrative departments at all levels, institutions and enterprises that provide public services, when providing public information services for the elderly, shall comply with barrier-free environment construction standards, meet the needs of barrier-free information dissemination and communication, and promote applications of intelligent information services that meet the characteristics of the needs of the elderly; when providing public services to the elderly, the habits of the elderly should be fully respected, and traditional service methods should be preserved and improved.
Chapter III Home-based Elderly Care Services
Article 20. Home-based elderly care services are mainly through door-to-door, remote support, etc., to provide care services such as life care, common clinical nursing, and other supporting services for the elderly in their residences.
Article 21 The institutions that carry out home-based elderly care services according to the needs of the elderly, provide door-to-door life care services such as daily living, sanitation care, rehabilitation assistance, environmental cleaning, and assistance of meal, bath and mobility .
Article 22 Medical institutions such as nursing stations can provide basic clinical nursing services such as treatment and nursing of common diseases and chronic diseases for the elderly at home who need medical care.
Article 23 This Municipality shall support the use of Internet, Internet of Things and other technical means to provide emergency rescue services for the elderly, receive and process emergency calls from the elderly persons immediately, and assist in contacting rescue.
For the elderly persons who are living alone in advanced age and in financial difficulties, emergency rescue services can be provided through government procurement of services.
Article 24: Town/township people’s governments and sub-district offices shall entrust residents’ committees and villagers’ committees, or through the government purchase of services, organization of voluntary services, etc., to conduct regular visits to the advanced elderly persons, living alone and provide spiritual comfort and other care services to prevent and resolve unexpected risks.
Article 25 This Municipality shall support the provision of services for the elderly such as the renovation of home-appropriate aging, the installation of age-appropriate products, the provision and use guidance of rehabilitation aids, and the installation and use of hardware and software related to smart elderly care.
The municipal and district people's governments shall provide appropriate subsidies to eligible elderly people in financial difficulties who undergo the renovation of home-appropriate aging.
Chapter IV Community Elderly Care Services
Article 26 Community elderly care services are mainly day care, short-term nursing care, meals and other support services provided for the elderly relying on community elderly care service facilities or places.
Article 27 This Municipality shall support elderly care service agencies to develop community day care services, and to provide services such as care, rehabilitation, spiritual comfort, cultural entertainment, and transportation escort for the elderly in need.
Article 28 This Municipality shall support elderly care service agencies to develop short-term care services in the community to provide staged full-day concentrated accommodation and care, spiritual comfort, cultural entertainment, and other services for elderly persons with disability, dementia, or in postoperative recovery
Article 29 Town/township people’s governments and sub-district offices shall open community canteens, elderly meal aids and other community meal service places, provide meal processing and preparation, delivery and centralized meals for the elderly in need, and ensure meals quality.
The Municipality shall support social catering enterprises, commercial retail enterprises and online meal ordering platforms through government procurement of services, cooperation and joint construction, etc., to provide community meal services for the elderly. Encourage the canteens of eligible elderly care institutions or agencies, enterprises and institutions to provide community meal services for the elderly.
Article 30 This Municipality shall support the development of special areas in community elderly care service facilities or other public service facilities to provide services such as demonstration and experience of rehabilitation assistive devices for the elderly; support enterprises in developing community rental services of rehabilitation assistive devices.
The municipal and district people's governments shall provide corresponding subsidies to eligible elderly people who rent rehabilitation assistive devices.
Chapter V Institutional Elderly Care Services
Article 31 An elderly care institution shall provide the following institutional elderly care services for the elderly residents:
1.concentrated accommodation, diet and nutrition, daily care, washing and sanitation, indoor and outdoor activities and other life care services that meet the needs of daily life;
2.establish health records, publicize daily health care knowledge, and provide daily health services such as disease prevention, drug management, and medical rehabilitation in accordance with the service agreement;
3.use professional social work methods to provide spiritual comfort services such as emotional counseling and psychological support; and
4.provide cultural, education, sports, and entertainment services suitable for the elderly.
Elderly care institutions shall reasonably set up service areas and the number of beds, and shall not provide elder care services beyond actual service capacities.
Article 32 An elderly care institution shall establish an admission assessment system, assess the physical and mental conditions of the elderly residents, formulate a graded care service plan, and adjust dynamically according to the physical and mental changes of the elderly. The graded care service plan shall be confirmed by the elderly persons or their agents, and shall be used as the basis for services and charges, and shall be stated in the service contract.
The graded care service plan for the elderly with dementia should meet the standards and requirements of dementia care services.
Article 33 In the process of providing services, elderly care institutions shall conduct service safety risk assessments for the elderly in accordance with relevant national standards, and establish service safety risk prevention by formulating emergency plans, regular evaluation and improvement, and safety education. mechanism.
Article 34 An elderly care institution shall regularly clean and disinfect the living, activity places and articles used by the elderly.
The diet provided by the elderly care institution should meet the food safety requirements and ethnic customs, suitable for the elderly to eat, and beneficial to the nutritional balance of the elderly.
Article 35 An elderly care institution shall provide convenience for family members of the elderly resident to visit or greet the elderly person, and provide assistance for the elderly to contact family members.
The residents of the elderly care institution and their agents shall abide by the rules and regulations of the elderly care institutions and maintain the normal service order of thereof.
Article 36 In the event of a sudden critical illness of an elderly person, the elderly care institution shall promptly notify the spouse, children or other agents of the elderly person, and transfer him or her to a medical institution for treatment in accordance with the service contract.
If an elderly person is suspected of suffering from a mental disorder, the elderly care institution shall make treatment in accordance with the provisions of relevant laws and rules on mental health.
Article 37 An elderly care institution shall establish information files for the elderly persons, collect and properly keep relevant materials such as service agreements. The preservation period of archives shall not be less than five years after the expiration of the service agreement.
Article 38 Where an elderly care institution suspends or terminates services due to suspension of business for rectification, change, or termination, it shall notify the elderly and their agents in advance within a reasonable period of time, and report to the original filing civil affairs department. Where it is necessary to resettle the elderly residents, the elderly care institution shall, in accordance with the service contract, negotiate with the elderly residents or their agents to determine resettlement matters and make a resettlement plan.
The civil affairs department shall supervise and urge the elderly care institution to implement the resettlement plan and provide assistance for its proper placement of the elderly residents.
Chapter VI Coordinated Development of Services
Article 39 This Municipality shall promote the integrated development of home, community, and institutional elderly care services, give full play to the professional supporting role of elderly care service institutions, promote home and community elderly care service institutions to provide professional services to families, encourage elderly care institutions to provide home and community elderly care services, and improve the efficiency of resource utilization of elderly care services.
Support qualified elderly care service institutions to set up family care beds in elderly residences to provide continuous, stable and professional elderly care services.
The departments of civil affairs, health, healthcare security, finance, etc. shall improve technical specifications and support policies on related services and management.
Article 40 This Municipality shall focus on developing community embedded elderly care services in central urban areas and urbanized areas, and embed elderly care services and facilities of different scales and functions in communities according to the actual situation to provide convenient and accessible elderly care services for the elderly.
Sub-district offices and town/township people’s governments shall build at least one community comprehensive service center for the elderly, give play to the role of a platform, integrate elderly care service source including day care, short-term nursing care, community meal assistance, combination of medical and health care, and elderly care consultants, and provide comprehensive elderly care service support.
Article 41 This Municipality shall incorporate rural elderly care service facilities and services into the rural revitalization plan. The relevant district and town/township people's governments shall promote the balanced layout of rural elderly care service facilities in accordance with the requirements for coordinated urban and rural development and improve service levels.
Support the use of farmers’ houses and rural collectively-owned land, houses and other resources, respect farmers' living habits and ways to develop elderly care services that meet the characteristics of rural areas.
Article 42 This Municipality shall encourage and support the elderly to conduct mutual assistance elderly care services such as community neighbourhood services, paired care between the lower-age healthy elderly and the advanced elderly, and explore the establishment of incentive and guarantee mechanisms for time savings and exchange of mutual assistance elderly care services.
Article 43 This Municipality shall support elderly care service institutions and other social professional agencies to provide the following support services for family caregivers of disabled elderly persons:
1.temporary or short-term nursing care;
2.family care services;
3. nursing knowledge and skills training; and
4. other related services that help improve the family's capabilities to care for or improve their quality of life；
Article 44 This Municipality shall rely on the staff of elderly care service institutions, residents’ committees, villagers’ committees, social workers, etc., after training, have them as elderly care consultants, provide a list of elderly care services for the elderly and their families, and offer services such as consultation and guidance.
Encourage and support elderly care service institutions and other organizations to give full play to their professional advantages and develop socialized elderly care consulting services.
Article 45 This Municipality shall promote the cooperation and development of elderly care services in the Yangtze River Delta, establish and complete inter-governmental cooperation mechanisms, carry out settlement of medical treatment in different places, and promote the elderly persons in this Municipality to enjoy this Municipality’s long-term care insurance and pension service subsidies in other places to facilitate the elderly care in different places.
Article 46 This Municipality shall establish and complete the elderly education network, extend the elderly education to the community, and provide online and offline education services for the elderly. Support various educational institutions and other social entities to organize or participate in elderly education through various forms, provide support such as teaching resources for elderly service organizations, and promote the integration of nursing and education.
This Municipality shall explore the establishment of an urban-linked information platform for giving play to the role of the elderly people, develop human resources of the elderly, support the elderly to participate in social development, and promote active elderly care.
Chapter VII Combination of Medical Care and Health Care
Article 47 The municipal and district people’s governments and their civil affairs, health, healthcare security, sports, education and other departments shall promote the integration of medical care and health and care in terms of policy systems, facility layout, personnel training, and cooperation mechanisms, and establish and improve the elderly health service system and guarantee the basic health and elderly care service needs of the seniors.
Article 48 When the municipal and district people's governments prepare and perfect regional health plans and plans for elderly care service facilities, they shall take overall consideration of the layout of elderly care service facilities and medical and health facilities, and locate them on the same site or adjacent to each other.
Encourage elderly care service institutions to provide venues and facilities for medical institutions to settle in, so as to facilitate the elderly to obtain medical services.
This Municipality shall, in accordance with the relevant state provisions, support the establishment of medical institutions by elderly care institutions and support the establishment of elderly care institutions by medical institutions.
Article 49 Departments of health, healthcare security, etc. shall provide support and guidance for the establishment of medical institutions in elderly care institutions and the establishment of elderly care beds in eligible elderly care institutions. Medical institutions and elderly care beds set up in elderly care institutions shall be included in the scope of basic medical insurance payment in accordance with the provisions.
Support various medical institutions and elderly service institutions to cooperate through signing contracts and other forms to open green channels to provide convenience for the elderly to receive medical services.
Support physicians and nurses to conduct multi-institution practice in medical institutions set up in elderly care institutions.
Article 50 The district people’s government shall use community health service institutions as a platform to integrate various medical, health and social resources, promote cooperation between medical institutions and elderly service institutions, and provide basic medical care and nursing care services for the elderly taking care at home, in communities and institutions.
Community health service institutions shall, in accordance with the relevant national and municipal provisions, carry out health management and prevention of common diseases for the elderly, and provide the following services to eligible elderly people who are taking care at home, in communities and institutions:
1.establish basic public health services such as health records and regular free physical examinations;
2. health guidance, health care consultation, chronic disease management and other family doctor contract services; and
3.provide outpatient visits, set up family beds, home care and other services for the elderly persons who meet relevant medical indications and other conditions.
Article 51 Comprehensive medical institutions where conditions permit should open geriatrics; Chinese medicine and specialized medical institutions are encouraged to open geriatrics.
This Municipality shall set up elderly care beds according to a certain proportion of the elderly population, strengthen the construction of elderly care beds in medical institutions, and support comprehensive medical institutions to strengthen nursing functions.
Community health service institutions and comprehensive medical institutions where conditions permit shall set up palliative treatment and ward or beds as needed.
Article 52 This Municipality shall promote the application of traditional Chinese medicine technologies and methods applicable to the elderly, as well as the combination of traditional Chinese medicine and medical care services; support medical institutions to provide the elderly with preventive treatment services such as traditional Chinese medicine health consultation and assessment, intervention treatment, and follow-up management for the elderly, and cooperate with elderly care institutions to provide Chinese medicine services.
Article 53 This Municipality shall rely on elderly service institutions and other social professional institutions to promote the concepts and methods of healthy life for the elderly, carry out health promotion activities such as the prevention and treatment of elderly diseases, cognitive impairment intervention, accidental injury prevention, mental health and care, etc., and provide fitness counseling, physical function training, exercise intervention and other combined physical fitness and elderly care services.
Chapter VIII Long-term Care Protection
Article 54 This Municipality shall establish a long-term care security system linking relevant insurance, welfare and relief, improve long-term care insurance, pension service subsidies and other systems, develop long-term care commercial insurance, and provide guarantee for long-term disabled elderly people to continue to accept care services at home, in community or in institution.
Article 55 This Municipality shall establish a sound system for assessing the needs of elderly care. For the elderly persons who have care and nursing needs and meet the conditions, the degree of disability, disease status, and care conditions shall be assessed according to the unified standards of this Municipality, and the care level shall be determined as the basis for enjoying the corresponding basic elderly care services.
This Municipality’s unified assessment standards for elderly care needs and the management methods of assessment agencies shall be formulated by the municipal health, civil affairs, healthcare security and other departments.
The assessment agency and personnel shall carry out the assessing work objectively, impartially and independently in accordance with the unified needs assessing standards and operating specifications.
Article 56 This Municipality shall, in accordance with the relevant state provisions, promote the implementation of the long-term care insurance system, establish and complete a multi-channel financing mechanism such as mutual assistance and shared responsibility, and provide services or financial guarantees for the basic living care and medical care closely related to their basic living for the long-term disabled elderly persons who have reached a certain level of care through the assessment of their needs for elderly care.
Article 57 Elderly care service institutions that provide long-term care services in accordance with the law, as well as medical institutions such as nursing stations, may apply to the healthcare security department, and after evaluation, sign service agreements in accordance with the relevant provisions to become designated long-term care insurance institutions.
Article 58 This Municipality shall establish and improve the list, standards, and norms of long-term care services, and adjust them according to factors such as fund size, service demand and supply capacity, and reasonably determine the scope of long-term care insurance payment.
If the expenses incurred by the insured persons receiving the services of designated nursing service institutions fall within the scope of payment by the long-term care insurance fund, they shall be paid by the long-term care insurance fund in accordance with the provisions, and the rest shall be borne by the said persons.
Article 59 This Municipality shall improve the subsidy system for elderly care services. The following long-term disabled elderly persons who meet the requirements after the assessment of the elderly care needs shall be given corresponding subsidies based on their care level, difficult conditions and other factors for the purchase of elderly care services at home, in community or in institution:
1. family members with minimum living guarantee;
2. low-income family members;
3. destitute people who are supported separately; and
4. people in other economic difficulties or special difficulties specified by the municipal and district people’s governments.
Elderly persons or their agents who meet the conditions specified in the preceding paragraph can apply online or to the nearest community affairs handling agency, and the town/township people’s government or sub-district office where the elderly person’s household registration is located shall make initial examination and the district civil affairs department shall make review for decision.
Elderly people who enjoy elderly care service subsidies can choose corresponding elderly care service institutions to have long-term care services provided for them.
Article 60 The district people's government shall, in accordance with the relevant provisions of this Municipality, ensure that the elderly persons who have reached a certain level of care will be admitted to the elderly care institutions that provide basic elderly care services upon application.
The municipal development and reform, civil affairs, finance and other departments as well as the district people’s governments shall strengthen the overall allocation of resources, improve relevant systems, and promote the balanced development and fair enjoyment of basic elderly care services.
Article 61 This Municipality shall, according to the long-term care needs of the elderly persons with dementia, develop specialized service institutions or sets up special areas in elderly care service institutions, formulate care service standards for dementia, and provide professional care services for elderly persons with dementia.
This Municipality shall promote the construction of a friendly community for the elderly persons with dementia, cultivate professional service organizations and professional teams, and strengthen early prevention and intervention of dementia.
Chapter IX Elderly Care Service Institutions
Article 62 To establish an elderly care service institution, relevant registration procedures shall be completed according to law:
1.The establishment a non-profit elderly care service institution, if approved to be established as a public institution, shall go through the registration procedures with the institution registration management organ; with compliance to the registration requirements for social service agencies, the establishment shall go through the registration procedures with the civil affairs department.
2.The establishment of a for-profit elderly care service institution shall go through registration procedures with the market regulation department.
Elderly care service institutions can start service activities after registration.
Article 63 An elderly care service institution shall, in accordance with the relevant provisions of the State and this Municipality, file with the local district civil affairs department within ten working days after providing services or accepting the elderly residents; if the information on the record changes, the alteration formalities shall be completed in time .
The civil affairs department shall make open to the public the filing information of the elderly service institution.
Article 64 The premises, buildings, facilities and equipment of elderly care service institutions shall comply with the relevant provisions, standards and requirements of the State and this Municipality. The facilities and equipment of government-funded elderly care service institutions should be economical and practical.
It is forbidden to construct buildings and structures that threaten the safety of the elderly persons in elderly care service institutions.
It is forbidden to use the premises, buildings and facilities of elderly care service institutions to carry out activities unrelated to the purpose of elderly care services.
Article 65 An elderly care service institution shall be equipped with management personnel, professional and technical personnel suitable for its operational services, and in accordance with the relevant provisions of this Municipality, according to factors such as service type, care requirements, number of service objects, etc., a corresponding proportion of caregivers shall be equipped.
Professional and technical personnel engaged in medical, social work and other services in elderly service institutions shall have corresponding professional technical qualifications.
Article 66 Elderly care service institutions shall respect the personal dignity of the elderly persons and protect their personal information in accordance with the law.
The services of life care, rehabilitation care, health management, spiritual comfort, emergency rescue and other services provided by elderly care service institutions to the elderly shall comply with the requirements of relevant national, industry and local standards and norms.
The caregivers and catering service persons of the elderly care service institutions shall hold valid health certificates; those suffering from diseases that affect the health of the elderly persons shall not be arranged to engage in nursing, catering and other related services until they are cured.
Elderly care service institutions shall regularly notify the elderly persons or their agents of the relevant situation of the institution’s services and operation and management, and listen to opinions and suggestions thereon.
Article 67 An elderly care service institution shall sign a service contract with the elderly persons who receive services or their agents, clarify the rights and obligations of each party, and provide corresponding services to the elderly persons in accordance with the contents of the service contract to ensure the quality of services.
The municipal civil affairs department, together with the municipal market regulation department and relevant industry associations, shall formulate a model service contract for reference and use by the elderly care service institutions and the elderly persons who receive services or their agents.
Article 68 Elderly care service institutions shall, in accordance with the relevant national and municipal provisions, establish and improve safety management systems for fire protection, safety on duty, facilities and equipment, food and drugs, rehabilitation aids, etc., and designate special persons to be responsible for conducting safety risk assessments and regular safety inspections, and eliminating safety hazards in time.
Article 69 An elderly care service institution shall designate a dedicated person to be responsible for daily hygiene management, establish and improve infectious disease prevention and control management and epidemic reporting systems, formulate infectious disease emergency plans, conduct health inspections, cleaning and disinfection, and health promotion.
If an infectious disease patient or a suspected patient is found, the elderly care service institution shall promptly report to the local disease prevention and control agency or community health service agency, take control measures such as sanitation treatment as required, and cooperate with epidemiological investigations.
The health department shall guide and urge disease prevention and control agencies to provide technical guidance and business training for the prevention and control of infectious diseases in elderly care service institutions.
Article 70 An elderly care service institution shall formulate emergency plans for emergencies, organize emergency drills on a regular basis, and revise the emergency plans based on changes in emergency drills and actual conditions.
When an emergency occurs, the elderly care service institution shall immediately carry out emergency response according to the emergency plan and the requirements of relevant departments; when closed management is required, necessary measures such as personnel access control and internal prevention and control can be taken.
Elderly care service institutions can reserve necessary emergency supplies according to actual needs. The department responsible for the reserve and supply of emergency materials shall provide necessary guarantees for the elderly service institutions to obtain emergency materials.
Article 71 Fees for elderly care services shall be implemented in accordance with the relevant provisions of the State and this Municipality on price management, and the charging standards shall be determined according to factors such as the operating nature, facilities and equipment conditions, service quality, level of care and nursing, and service costs of the elderly care service institutions,
Elderly care service institutions shall publicize the service item charging standards and charging basis in a prominent position.
Article 72 An elderly care service institution shall bear the main responsibility for registration, filing commitments, contract performance services, quality and safety, emergency management, fire safety, etc., and its main person in charge is the first responsible person.
Chapter X Elderly Care Service Employees
Article 73 Elderly care service employees shall abide by professionalism, observe industry norms, and strive to improve professional level and service quality.
Elderly care service employees shall truthfully inform the elderly care service institution of their own practice experience, service skills, health status, etc..
Elderly care service institutions shall not recruit persons to engage in elderly care services who committed such illegal acts of discrimination against, insult to, abuse of, or abandoning the elderly person .
The municipal civil affairs, human resources and social security departments, together with the municipal health, healthcare security, and other departments, shall strengthen the management of elderly care service employees, establish an employee information management system, improve the credit management of employees, and provide inquiries for elderly care service institutions in accordance with the law.
Article 74 Support elderly care service employees to participate in vocational skills training, continuing education, and academic education to improve their professional quality and work skills.
Elderly care service institutions shall strengthen professional ethics education and vocational skills training for employees of elder care services, and improve their professional ethics and professional capabilities.
Article 75 This Municipality shall, in accordance with the relevant state provisions, implement the certification of vocational skill levels for elderly care givers, and establish a uniform skill level sequence for elderly care givers.
This Municipality shall comprehensively consider factors such as working years and skill levels, reasonably formulate a salary grading system for elderly care givers, establish a grading guide standard for basic salary for elderly care givers, and guide the implementation thereof by elderly care service institutions. Support relevant industry organizations to monitor the salary level of the elderly care givers in the market, and regularly release the monitoring results to guide the elderly care service institutions to reasonably determine the salary level of the elderly care givers
Article 76 Physicians, nurses, medical technicians and other health professional technicians employed in medical institutions set up in elderly care institutions shall enjoy the same treatment, rotation training, and continuing education as professional and technical personnel of other medical institutions, and shall be given priority in evaluation for their titles under the same conditions and in other aspects.
This Municipality shall support the elderly social workers to give play to their professional advantages, maintain and improve the social functions of the elderly, and improve the life quality of the elderly.
Article 77 Elderly care service institutions shall establish labor relations and employment relations with employees in accordance with the law, improve working conditions, and strengthen labor protection and occupational protection.
Elderly care service institutions employing eligible employees shall be subsidized by the municipal and district civil affairs departments.
Article 78 The elderly service employees shall not perform the following behaviors:
1. cursing, insulting, abusing, or beating the elderly;
2. stealing, defrauding, demanding forcibly or deliberately destroying the property of the elderly persons;
3. disclosure of the privacy of the elderly person that comes to their knowledge in the course of their service activities; or
4. other acts in violation of laws, rules, public order, good customs, and professional ethics.
Chapter XI Promotion of the Elderly Care Industry
Article 79 This Municipality shall give play to the role of market entity, expand the supply of multi-level, diversified, and personalized elderly care services and products, and focus on promoting the development of elderly care industry including such fields as elderly care services, rehabilitation aids, smart elderly care, livable elderly dwelling , and pension finance.
Article 80 This Municipality shall encourage all kinds of social capital to invest in the elderly care service industry, and establish elderly care service institutions that meet different needs. Support foreign investment in the establishment of elderly care service institutions. Encourage property service companies to explore the development of home-based in-community elderly care services that combine property services and elderly care services.
Encourage the development of professional, chained, and branded elderly care service institutions, and strengthen the protection of elderly care service trademarks and brands in accordance with the law.
Article 81 This Municipality shall incorporate the rehabilitation aids industry into key emerging industries, support the construction of related industrial parks, encourage the layout of science and technology parks to develop the intelligent rehabilitation aids industry; support enterprises to increase R&D, design and intelligent manufacturing, and develop more rehabilitation assistive products suitable for the needs of the elderly; support qualified rehabilitation assistive products to apply for medical device registration.
Article 82 This Municipality shall promote the application of new-generation information technologies such as artificial intelligence, the Internet of Things, cloud computing, and big data in the field of elderly care services, regularly publishes application scenarios for smart elderly care services, and formulate and perfect smart elderly care related products and service standards. Focus on supporting smart products, services and support platforms in areas such as safety protection, nursing care, health promotion, and emotional care to improve the life quality of the elderly.
Article 83 This Municipality shall support social capital in the design and development of commercial real estate projects suitable for the elderly to live in, and in the construction or operation of elderly care communities with functions such as collective living, life care, and medical care. Encourage the use of own land, house to construct or operate elderly care communities.
The district people's government shall strengthen the standardized management of the construction and operation of various elderly care communities within its jurisdiction. Development and reform, civil affairs, housing and urban-rural construction management, planning resources, financial management, housing management, market regulation and other departments, shall, in accordance with their respective duties and functions, do a good job of standardizing and guiding.
Article 84 This Municipality shall promote the development of benefit-to-all elderly care finance, support financial institutions to develop diversified elderly care financial products that meet the needs of the elderly, increase social elderly care wealth reserves, and enhance the ability to pay for elderly care services.
Encourage insurance institutions to develop commercial long-term care insurance products suitable for the diverse needs of home-based, in-community, and in-institution care.
Article 85 This Municipality shall rely on the Yangtze River Delta regional cooperation mechanism to strengthen planning coordination and project coordination of the elderly care industry, promote upstream and downstream docking and functional complement of the industrial chain; promote the linking and sharing of regional elderly care industry support policies, standard specification, and data information, promote the free flow of factors on a larger scale, and encourage the cross-regional development of elderly care service enterprises.
Chapter XII Support and Guarantee
Article 86 Qualified elderly care service institutions may enjoy corresponding preferential policies such as tax incentives, administrative fee reductions and exemptions, subsidies to construction and operation .
Qualified elderly care service institutions shall make payment of water, electricity, gas, and telephone bills according to the resident living price standards; the cable TV payment shall be made preferentially in accordance with the relevant provisions of this Municipality; preferential treatment shall be given in respect to payable fees of supporting projects of power supply, gas supply and the cable TV installation in accordance with the relevant provisions of this Municipality.
Encourage elderly care service institutions to take out liability insurance. Elderly care service institutions that have taken out liability insurance can obtain corresponding subsidies.
Article 87 For-profit and non-profit elderly care service institutions that provide the same basic elderly care services shall enjoy the same treatment in terms of subsidies to construction and operation; the government-funded and constructed elderly care service facilities operated by enterprises, and those operated by social service agencies enjoy the same treatment.
Article 88 The Municipal People's Government shall formulate standards and guiding catalogues for the government to purchase elderly care services. People's governments at all levels shall implement financial guarantees as required set in the standards and catalogues, with focus on purchasing services such as life care, rehabilitation nursing, institutional operations, social work, and personnel training, and shall strengthen performance evaluation.
Article 89 The municipal and district people's governments shall use not less than 60% of the welfare lottery public welfare fund for social welfare undertakings at the same level to support elderly care services.
Encourage natural persons, legal persons and other organizations to support elderly care services through charitable donations.
This Municipality shall, according to law, support professional social organizations to act as guardians or provide related services for the elderly persons in need .
Article 90 Financial institutions shall be encouraged to increase financing support for elderly care service institutions and related enterprises through multiple channels and diversification such as bank loans, financial leases, trust plans, etc.
Encourage insurance institutions to develop liability insurance, property insurance and other insurance products for elderly care service institutions.
Article 91 Support institutions of higher learning and secondary vocational schools to set up majors in elderly care services and rehabilitation nursing, and expand the scale of enrollment for majors in elderly care services.
Encourage vocational training institutions to meet the training needs of elderly care service institutions and carry out various trainings such as on post induction, transfer, and skill improvement.
Encourage elderly care service institutions to cooperate with relevant vocational colleges to train elderly care service personnel with professional theoretical knowledge and practical skills.
Article 92 The municipal civil affairs department shall establish and improve the elderly care service information system, connect with the government affairs "Integrated Online Platform”, provide services such as elderly care service information inquiry, policy consultation, and online affairs handling, and accept complaints and reports.
The civil affairs, market regulation and other departments shall strengthen information sharing, publish work guidelines, simplify and standardize work procedures, and provide guidance and convenient services for the establishment and filing of elderly care service institutions.
Chapter XIII Supervision and Management
Article 93 This Municipality shall improve the comprehensive supervision system for elderly care services. The Municipal People's Government shall formulate a list of responsibilities for supervision of elderly care services, and clarify the division of duties of relevant functional departments. The municipal and district people's governments shall coordinate relevant functional departments, town/township people's governments, and sub-district offices to strengthen the comprehensive supervision and management of elderly care service institutions.
Civil affairs, housing and urban-rural construction management, housing management, fire rescue, health, market regulation, healthcare security and other departments and institutions shall, according to law, strengthen supervision and inspection of the such links as the service operation, construction safety, fire safety, medical and health safety, food safety, service prices, and long-term care insurance fund use of the elderly care service institutions. and relying on this Municipality’s operation of the "Integrated Online Platform”, improve the collection of basic data such as organization information of elderly care service institutions and information of elderly care employees, and strengthen supervision information sharing and law enforcement cooperation.
Article 94 For the elderly care service institutions that have been filed, the civil affairs department shall conduct on-site inspections within 20 working days from the date of filing and verify the filing information; for the elderly care service institutions that have not been filed, the civil affairs department shall carry out on-site inspections within 20 working days from the date of finding their provision of services or admission of the elderly persons, and urge them to be filed in time.
The civil affairs department shall conduct on-site inspections on the service safety and quality of the elderly care service institutions at least once a year.
Article 95 The civil affairs, market regulation, housing and urban-rural construction management, housing management and other departments shall formulate local standards for elderly care service facilities, services, management, technology, and safety, and implement supervision in accordance with the standards.
Encourage social organizations and elderly care service institutions to formulate group standards or enterprise standards that are higher than national, industry and local standards.
Article 96 The municipal civil affairs department shall establish and improve the grade evaluation system of elderly care service institutions, and conduct comprehensive evaluation of the facilities and equipment, staffing, management level, and service quality of the elderly care service institutions on a regular basis.
The municipal civil affairs department shall organize and carry out routine monitoring of the service quality of elderly care service institutions in accordance with the relevant national and municipal standards and requirements.
The grade evaluation and daily monitoring results of elderly care service institutions shall be announced to the public and used as the basis for their enjoyment of relevant policies on incentives and subsidies.
Article 97 Departments such as finance and auditing shall, in accordance with their respective duties and relevant provisions, supervise the financial status and use of government subsidy funds of government-funded and established elderly care service institutions or of those that receive government grants or subsidies.
Article 98 Departments of public security, financial management, market regulation, and civil affairs shall monitor, analyze, and alert illegal activities such as illegal fund-raising and fraud in the elderly care service sector, and investigate and deal with them in accordance with the law.
Article 99 The civil affairs department shall establish the credit file of the elderly care service institution, record its establishment and filing, daily supervision and inspection, investigation and punishment of illegal activities, grading results and other information, and make collection thereof to the municipal public credit information service platform in accordance with the law.
The civil affairs department should establish a credit rating system, determine the credit rating of the elderly care service institutions, and adopt differentiated supervision measures. Relevant departments shall exercise joint punishments in accordance with the law for elderly care service institutions that are seriously dishonest.
Article 100 Elderly care service industry organizations shall improve industry self-discipline standards, promote the establishment of an industry credit system, formulate and implement industry service norms and professional ethics standards, promote the implementation of elderly care service standards, improve the quality of elderly care services, and coordinate the settlement of elderly service disputes.
Article 101 Departments of civil affairs, health, healthcare security, and market regulation shall promptly accept complaints and reports related to elderly care services; and shall promptly verify and handle complaints and reports received.
Article 102 The standing committees of the municipal and district people's congresses shall strengthen supervision of the development of elderly care services in their respective administrative areas by listening and reviewing special work reports and conducting law enforcement inspections.
The standing committees of the municipal and district people’s congresses shall give full play to the role of NPC deputies, organize NPC deputies to carry out special investigations and inspections on elderly care services, gather and reflect the opinions and suggestions of the people, and urge relevant parties to implement various work on elderly care services.
Chapter XIV Legal Liability
Article 103 Where there are provisions for handling violations of the provisions of these Regulations prescribed by the laws and administrative rules, such provisions shall prevail.
Article 104 In violation of the provisions of these Regulations, elderly care service institutions that fail to go through relevant registration procedures in accordance with the law and carry out service activities shall be investigated and dealt with by civil affairs, market regulation and other departments in accordance with the law.
Where in violation of the provisions of these Regulations, an elderly care service institution commits one of the following acts, the civil affairs department shall order corrections, give a warning, and may impose a fine of not less than 2,000 yuan but not more than 20,000 yuan; if the circumstances are serious, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed:
The elderly care institution failed to establish an admission assessment system or failed to carry out assessment activities as required;
2. Buildings and structures that threaten the safety of the elderly in the elderly care service institution;
3. Using the premises, buildings, and facilities of an elderly care service institution to carry out activities unrelated to the purpose of elderly care services;
4. The qualification of staffing does not meet the requirements;
5. Arranging caregivers and catering service persons who have not obtained valid health certificates to work on post, or failing to promptly transfer caregivers and catering service persons who suffer from diseases that may affect the health of the elderly persons;
6. Failing to provide services in accordance with relevant mandatory national standards;
7. Failing to follow provisions to prevent and handle emergencies; And
8. Concealing relevant information from the civil affairs department responsible for supervision and inspection, providing false materials, or refusing to provide true materials reflecting their activities.
The relevant departments may suspend or cancel relevant support and preferential measures for the elderly care service institution that has one of the acts listed in the preceding paragraph; if the circumstances are serious, the expenses that have been reduced or exempted and the grants and subsidies delivered shall be recovered. If the elderly care service institution eliminates the behaviors listed in the preceding paragraph after rectification, it may reapply for relevant support and preferential measures.
Article 105 Where an elderly care service institution or other organization or individual fraudulently obtains grants, subsidies, or rewards, the civil affairs department shall order them to be refunded, and may be fined one to three times the amount of grants, subsidies or rewards fraudulently obtained; if a crime is constituted, the wrongdoer shall be investigated for criminal liability.
Article 106 Where in violation of the provisions of these Regulations, an elderly care institution suspends or terminates services without authorization, and fails to properly arrange for the elderly, the civil affairs department that implements the filing shall order corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the circumstances are serious, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed.
Article 107 For violation of the provisions of these Regulations by failing to build auxiliary community elderly care service facilities in accordance with the approved planning requirements, or changing the use of land for elderly care service facilities construction without legal procedures, the planning resources department shall make investigation and punishment according to law.
For violation of the provisions of these Regulations by changing the nature of the use of elderly care service facilities without legal procedures, the civil affairs department shall order to make correction within a time limit. If there are illegal gains, the illegal gains shall be confiscated; if the correction is not made within the time limit, the subsidy funds and related expenses shall be ordered to be returned and a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.
For violation of the provisions of these Regulations by occupying, damaging, or dismantling elderly care service facilities without authorization, the civil affairs department shall order to make correction within a time limit; if the correction is not made within the time limit, the subsidy funds and related expenses shall be returned and a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 500,000 yuan but not more than one million yuan shall be imposed.
Article 108 If an elderly care service employee violates the relevant prohibitions of these Regulations and constitutes a violation of public security management, the public security organ shall make punishment according to law; if a crime is constituted, the wrongdoer shall be investigated for criminal liability according to law.
Article 109 In violation of the provisions of these Regulations, the people's governments at all levels and their relevant departments commit one of the following acts, the directly responsible persons in charge and other directly responsible persons shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:
1. failing to plan and allocate elderly care service facilities and to arrange annual land use plans for elderly care service facilities in accordance with the prescribed standards;
2. changing the use of land for the construction of elderly service facilities or the nature of the use of elderly service facilities without legal procedures;
3. failing to perform supervision and management duties in accordance with the provisions and causing adverse consequences;
4. failing to implement support and preferential policies for elderly care services in accordance with the provisions;
5. failing to verify and handle the received complaints or reports in time; and
6. other acts of abuse of power, negligence of duty, and malpractice for personal gain.
Chapter XV Supplementary Provision
Article 110 These Regulations shall be effective as of March 20, 2021. The Regulations of Shanghai Municipality on Elderly Care Institutions adopted at the 11th Session of the Standing Committee of the 14th Shanghai People’s Congress on February 25, 2014, and amended at the 27th Session of the Standing Committee of the 14th Shanghai People’s Congress on February 23, 2016 shall be repealed simultaneously.
