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SDS is convinced that the new Long-Term Care Act would not withstand a constitutional review

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Zvone Černač. (Foto: posnetek zaslona)

By: Gal Kovač (Nova 24TV)

In the National Assembly, the debate on the amendment to the Long-Term Care Act has resumed. The amendment was previously passed by the government of Janez Janša in the previous mandate, despite strong opposition from the then-opposition. However, after assuming power, the current government postponed its implementation and prepared its own version of the law, which is now being discussed. According to the opposition and the legislative service of the National Assembly, the amendment is poorly written. According to SDS MP Zvone Černač, it may even be constitutionally questionable. The law is being adopted under an urgent procedure, which is typically reserved for states of emergency or natural disasters, and this is one of the major criticisms raised by the opposition.

“The new Long-Term Care Act is constitutionally questionable and would not withstand a constitutional review. It was only open for public debate for five days. The government adopted it through a correspondence session. This is your famous law after you blocked the implementation of our law a year ago,” said Zvone Černač, SDS MP, during the session of the Committee on Labour, suggesting that the adoption of the new version of the law is nothing more than political revanchism.

Minister Simon Maljevac stated during the session that the proposed law regulates care in institutions and at home, the caregiver for a family member, the cash benefit, e-care, and services for strengthening and maintaining independence. The beneficiary will choose the form of care themselves. The applicant for services will submit the application to the entry point for long-term care, which will be accepted by the competent social work centre. Additionally, the proposal introduces new financial burdens for employees. From July 1st, funds for implementing the law will be collected through the collection of the so-called social contribution. This will amount to two percent of the gross salary, fictitiously divided between the employer and the employee, with each paying one percent. Pensions will also be reduced by one percent, as the contribution will also be imposed on them.

Funds for implementing the law will be collected from July 1st, 2025, through the collection of the social contribution. Employers and employees will pay it at a rate of one percent of the gross salary, while retirees will pay one percent of their net pension. Self-employed individuals and farmers will pay two percent because they are both employers and employees.

The opposition with a series of accusations

The Slovenian Democratic Party (SDS) presented a series of criticisms during the session. Among other things, they accused the government of deceit, as it tries to present itself to the public as the political option that is the first to introduce the Long-Term Care Act. “We received the Long-Term Care Act almost two years ago in December 2021. This government blocked our law a year ago and, through so-called pro-government media, managed to manipulate some people before the referendum, making them believe they are for long-term care, while at the same time, you blocked it for a year. And now this new law is further delaying it for another year,” said Zvone Černač during the session.

The same MP also pointed out one of the major criticisms raised by the former opposition parties when the law was first being passed. The criticism was that the necessary funds for implementing the law were not provided. Černač explained that this was not true because the existing law from the time of Janez Janša’s government “allocated budgetary funds for long-term care in 2023, which the current government redistributed for the needs of migrants.”

The law has also received a whole series of substantive comments. MP Anja Bah Žibert pointed out these comments, saying, “You discarded our law just to write your own version. The legislative service even has a folder full of comments on it. And you wasted a whole year on it?! I cannot help but wonder what would happen to this country if you were actually in power during extraordinary circumstances.”

Various institutions also raised concerns about the deficiencies in the law. For example, the Health Insurance Institute believes that the law should ensure that funding for long-term care is unlimited from the state budget, covering the shortfall of the dedicated funds collected for covering the costs of long-term care services, according to STA. The Association of Social Institutions of Slovenia states that the distinction between long-term care services and services that will continue to be part of healthcare according to the Health Care and Health Insurance Act is not clear. The Slovenian Chamber of Social Workers wants the new Long-Term Care Act to stipulate that the chamber, as a public authority, conducts professional supervision in long-term care through counselling. This was already regulated by the previous government’s Long-Term Care Act. The Federation of Pensioners’ Associations of Slovenia finds it most disturbing that retirees will have to pay a mandatory contribution for long-term care from their net pensions. This means that retirees will have even less funds available than they currently do, they emphasised. However, they would agree if the contribution were paid from gross pensions, according to STA.

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