Draft bill 173.

Summary.

The draft bill proposes establishing and regulating Hogar Razón de Vivir as a public social institution for older adults with limited means who face social risk or family abuse, or cannot care for themselves, and whose relatives cannot provide their care. The qualifying circumstances include having no home or having a family unable to assume care, provided the person lacks the means to use a private institution. It defines an older adult as a Panamanian or foreign resident in the national territory aged sixty or above. It also defines a care home, social risk and abuse, and describes the roles of the Ministry of Social Development (MIDES) and the National Directorate of Care (Dirección Nacional de Cuidados) within the care system.

Hogar Razón de Vivir would be created in the province of Colón to provide accommodation, medical care, treatment, and physical, emotional, spiritual, social and moral support through an interdisciplinary team. MIDES would administer it through the National Directorate of Care under Law 431 of April 25, 2024. Its staff would include administrators, general support workers, social work specialists, cooks, and medical and therapeutic professionals. It could initially draw on professionals from the Ministry of Health (Ministerio de Salud). Funds for medical staff assigned to the home would have to be allocated within no more than 3 years after it begins providing care.

Central government funds allocated to MIDES would finance the study, design, construction, equipment, operation and maintenance of the home. Its budget allocation would have to be made within the year following promulgation. During that period, the care authorities would identify the site and prepare the facility project, which would initially accommodate no fewer than 40 older adults. The Ministry of Economy and Finance (Ministerio de Economía y Finanzas), through the Administrative Unit for Reverted Assets (Unidad Administrativa de Bienes Revertidos) and in coordination with MIDES, would allocate land free of charge in the district of Colón, province of Colón; the transfer would have to take effect within no more than one year after enactment. The home could also receive donations, enter into cooperation agreements and use other resources permitted by law for its purposes.

Services would include permanent residence, meals, medical and therapeutic care, recreation, occupational activities and family contact, supported by staff from the relevant disciplines. Admission would cover older adults with limited means who lack housing or someone able to care for them, those experiencing abuse or social risk, and those referred by the Judicial Branch (Órgano Judicial), the Public Prosecutor's Office (Ministerio Público), MIDES or bodies protecting older adults' rights. The National Care Commission (Comisión Nacional de Cuidados) would set admission rules. The Executive Branch (Órgano Ejecutivo) would issue implementing regulations within no more than six (6) months. The bill calls for application in accordance with Law 36 of August 2, 2016 and Law 431 of April 25, 2024, and adds a member of the Legislative Branch (Órgano Legislativo) to article 14 of the latter law.

The public bodies concerned are those named in the bill with responsibilities for social development, health, finance, reverted assets, justice and care. Its provisions could affect older adults and their families, health and social care staff, and public and private organizations involved in residential care.