The key data and the conclusions on the operation of long-term care facilities are presented in
the chapter "Long-term care facilities in the time of the COVID-19 epidemic".
•
SYSTEMIC PROBLEMS
Despite the multiannual efforts of the NMPT, not all systemic problems existing in 24-hour care
facilities have yet been solved. The NMPT is still awaiting appropriate legislative measures to be taken
by the legislator with regard to:
Legality of stay of residents who are not incapacitated but whose health
status makes it impossible for them to conclude a service agreement
Persons acting on behalf of a resident who is not incapacitated, are not in any way authorized, in
the light of the regulations in force, to make decisions to place the resident in a 24-hour care
facility, even if the person's psychological and physical condition is bad and he/she is not able to
place a signature under the service provision agreement.
It would be desirable, therefore, to regulate the issue in the generally applicable regulations, e.g.
by introducing solutions similar to the consent of a custody court for the provision of a health service,
specified in the act on the professions of physician and dentist311, or consent for the placement in a
psychiatric hospital312.
CPT: to ensure that all residents who are not or no longer able to give a valid consent
to their placement, do not have a guardian and are prevented from leaving the
establishment, are notified to the competent court313.
CCTV monitoring
Installing cameras in these types of establishments may constitute intrusion into the privacy of
residents, employees and other persons on the premises of the monitored facility. To ensure that the
application of this type of supervision is legal, it is vital for it to meet the criteria specified in Article
31(3) of the Constitution, including the statutory form of the restriction. This is especially important in
311
Cf. Article 32 of the Act of 5 December 1996 on the professions of physician and dentist (Dz. U. of 2020, item
514).
312
Cf. Articles 22 and 23 of the Act of 19 August 1994 on mental health protection (Dz. U. of 2020, item 685).
313
See: CPT report on the visit to Poland, CPT/Inf (2011)20, para. 166.
123
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents