Summary.
The bill amends Article 9 of Law 431 of 2024 to establish duties for care providers. These include meeting the needs of people requiring care in accordance with humanitarian, inclusive, and quality principles; respecting their dignity; ensuring their hygiene and personal care; supporting their basic activities of daily living and health care; and maintaining confidentiality and respecting their rights and privacy. It adds a requirement to undergo annual psychological and psychiatric evaluations established by the National Care Commission (Comisión Nacional de Cuidados). Through a new Article 9-A, it requires care providers and members of the National Care System’s governing, management, oversight, or coordinating bodies to participate in three training sessions each year on human rights, abuse prevention, protection of children and vulnerable populations, complaint procedures, and institutional due diligence.
The amendment to Article 14 defines the membership of the National Care Commission. It grants voting and speaking rights to the heads of the Ministry of Social Development (Ministerio de Desarrollo Social), Ministry of Health (Ministerio de Salud), Ministry of Labor and Workforce Development (Ministerio de Trabajo y Desarrollo Laboral), Ministry of Education (Ministerio de Educación), Ministry of Women (Ministerio de la Mujer), Ministry of Economy and Finance (Ministerio de Economía y Finanzas), Social Security Fund (Caja de Seguro Social), National Decentralization Authority (Autoridad Nacional de Descentralización), Association of Municipalities of Panama (Asociación de Municipios de Panamá), and National Secretariat for Children, Adolescents and Families (Secretaría Nacional de Niñez, Adolescencia y Familia). The National Disability Secretariat (Secretaría Nacional de Discapacidad) and National Care Directorate (Dirección Nacional de Cuidados) may speak but do not vote; the latter serves as secretariat. The Commission also includes a member appointed by the National Assembly’s (Asamblea Nacional) Standing Committee on Women, Children, Youth and the Family (Comisión Permanente de la Mujer, la Niñez, la Juventud y la Familia) for monitoring and institutional liaison. Representation may be delegated to the officials specified in the text.
The amendment to Article 15 tasks the Commission with proposing guidelines to the Executive Branch (Órgano Ejecutivo), setting priorities, approving the Five-Year Plan prepared by the National Care Directorate, and submitting it to the Social Cabinet (Gabinete Social) within 120 days of the start of each administration. It authorizes the Commission to approve budget proposals and management reports, oversee transparency through periodic reports, and establish and verify academic, social, psychiatric, and psychological evaluation criteria for care providers at public and private centers. The amendment to Article 16 assigns it budget coordination, promotion of designated care appropriations, identification of funding gaps, and recommendation of resources. It provides for four regular meetings a year with the Advisory Committee (Comité Consultivo) and publication of minutes, attendance records, and resolutions within 15 business days. It contemplates public funds, private and local contributions, full and/or partial subsidies, and possible copayments based on families’ ability to pay.
The amendment to Article 18 tasks the National Care Directorate with coordinating the System, convening its advisory and technical bodies, preparing and evaluating five-year plans with public participation, proposing budget allocations, and overseeing their implementation. It also assigns the Directorate responsibility for creating Territorial Care Networks (Redes Territoriales de Cuidados), maintaining a National Care Registry (Registro Nacional de Cuidados), establishing regulations, reporting violations, facilitating public access to information, and preparing the annual report. It must establish a mandatory internal protocol for reporting and responding to alleged abuse, mistreatment, negligence, or rights violations and protecting those affected, with confidentiality, traceability, and immediate referral to the competent authorities. The amendment to Article 22 requires the Executive Branch, through the Ministry of Economy and Finance, to make budgetary provisions for the System and the specified early childhood education and daily care services. The bill provides that it enters into force on the day after its promulgation in the Official Gazette (Gaceta Oficial).
The bill concerns the public institutions that belong to and coordinate the National Care System, as well as the National Assembly and the Social Cabinet. It may be of interest to care providers, families using care services, public and private care centers, local governments, and entities that fund or provide care services in Panama.
What it proposes.
- Duties and training of care providers.
- Membership and powers of the National Care System.
- Planning, funding, and oversight of care services.
- Reporting and protection against alleged rights violations.
Who it would affect.
- Care providers.
- Members of the National Care System’s bodies.
- Public and private care centers.
- Public entities and families using care services.
Key points.
- Establishes duties for care providers concerning attention, hygiene, support, confidentiality, and respect for rights, as well as annual psychological and psychiatric evaluations.Art. 1
- Requires care providers and members of the System’s bodies to attend three training sessions each year on rights, abuse prevention, complaints, and due diligence.Art. 2
- Defines the institutions represented on the National Care Commission, their speaking and voting rights, secretariat functions, and conditions for delegation.Art. 3
- Assigns the Commission responsibility for approving the Five-Year Plan, budget proposals, and reports, and for defining and verifying evaluation criteria for care providers.Art. 4
- Provides for budget coordination, meetings with the Advisory Committee, publication of its proceedings, and funding through public resources, contributions, and possible subsidies and copayments.Art. 4
- Assigns the National Care Directorate responsibility for coordinating the System, five-year planning, territorial networks, the national registry, and program oversight.Art. 4
- Requires an internal reporting and protection protocol and provides for Executive Branch budget allocations for the System and the specified care services.Art. 4
- Provides for entry into force on the day after promulgation in the Official Gazette.Art. 5