Seven departments jointly issued new regulations! Elderly care institutions must set up risk deposits for pre-charges

Release time:May 10, 2024 14:46 PM

On May 10, the Ministry of Civil Affairs held a regular press conference for the second quarter of 2024 to introduce the "Guiding Opinions on Strengthening the Supervision of Advance Fees in Elderly Care Institutions". According to this document, there will be a "cap" on pre-charges for nursing homes. In order to ensure the safety of funds, elderly care institutions must set up special deposit accounts to collect membership fees and deposits, and retain a certain amount of funds as risk deposits.

The prepaid model is a common business model widely used in the service industry. With the rapid development of my country's elderly care services, some elderly care institutions have also adopted a pre-charge model in order to quickly withdraw funds and increase customer stickiness. The main forms include pre-paid elderly care service fees, deposits, membership cards, membership fees, etc. Li Banghua, deputy director of the Department of Elderly Care Services of the Ministry of Civil Affairs, said that this model allows the elderly and their families to enjoy preferential treatment to a certain extent, but it also has risks. There are even some criminals who, in the name of "elderly care services", illegally raise funds through advance fees and other forms, seriously infringing on the property rights of the elderly.

In order to implement the important measures decided and deployed by the Party Central Committee and the State Council, safeguard the legitimate rights and interests of the elderly, and promote the healthy and orderly development of the elderly care industry, the Ministry of Civil Affairs, together with the National Development and Reform Commission, the Ministry of Public Security, the Ministry of Finance, the People's Bank of China, the State Administration for Market Regulation, and the Financial The State Administration of Supervision has jointly issued the "Guiding Opinions on Strengthening the Supervision of Prepaid Fees in Elderly Care Institutions" and will be effective from October 1 this year.

Li Banghua introduced that the main content of the "Guiding Opinions" is divided into 4 parts and 14 items. First, it defines the connotation of prepayment and brings the full range of elderly care service fees, deposits and membership fees into supervision; second, it clarifies the collection requirements and limits the scope of elderly care services. The longest time limit for collecting service fees and the maximum amount of advance collection of deposits are listed, and the "negative list" situations for collecting membership fees are listed. The third is to emphasize the purpose of use and prevent the elderly care institution from becoming a platform for making money. The fourth is to strengthen diversified supervision and propose advance collection. Requirements for classified management of funds and classified disposal of hidden risks, etc. "The promulgation and implementation of the "Guiding Opinions" standardizes the prepayment behavior of elderly care institutions and strengthens the supervision of the whole chain, which is conducive to reducing financial security risks, better protecting the legitimate rights and interests of the elderly, and promoting the healthy and orderly development of the elderly care service industry." Li Banghua explain.

According to the "Guiding Opinions", elderly care institutions that adopt the pre-charge method should publicize pre-charge items, standards and other information in conspicuous locations such as service venues and portal websites, and submit it to the civil affairs department responsible for supervision. The provincial civil affairs department may, based on local conditions, work with relevant departments to determine the longest advance collection period for local elderly care service fees and the maximum advance collection amount for deposits. The maximum advance collection period for elderly care service fees shall not exceed 12 months, and the maximum deposit shall not exceed the monthly bed space for the elderly person. 12 times the fee. Elderly care institutions that have not yet been built or have been built but are not yet qualified to house the elderly shall not charge membership fees.

The "Guidance Opinions" clarify that elderly care institutions shall not induce the elderly or their agents to pay advance fees by promising to repay principal and interest, or providing other investment returns. When refunding fees, the elderly care institution shall refund fees in a timely manner as agreed and shall not refuse or delay. If a nursing home institution suspends or terminates services due to suspension of business, closure of business, or other reasons, it shall issue a reminder 30 days in advance, refund the remaining fees in a timely manner, properly resolve follow-up service problems, and assume the responsibility of the operating entity in accordance with the law.

According to the "Guiding Opinions", all the elderly care service fees collected in advance by elderly care institutions should be deposited in their basic deposit accounts in a timely manner, and all deposits and membership fees should be deposited in a dedicated deposit account in a timely manner. In order to ensure the safety of funds, the "Guiding Opinions" proposes to implement bank deposit and risk deposit management for deposits and membership fees. Elderly care institutions must sign a tripartite depository agreement with the civil affairs department and the depository bank and open a special deposit account. The special deposit account of a nursing home must retain a certain amount of funds as a risk deposit. The retention ratio shall not be less than 10% of the total membership fees of the account in the past three years, and shall not be less than 20% of the current balance of the account.

"The risk margin does not occupy too much cash, does not affect the institution's capital turnover, and will not have a suppressive effect on the development of the institution; on the other hand, once the nursing home institution stops operating due to abnormal reasons, the funds deposited in the special deposit account, plus Purchasing insurance and other measures can play a certain role in compensation. "Li Banghua introduced that deposits and membership fees are additionally proposed to be managed in the form of bank deposits and risk deposits. The purpose is to ensure that special funds are earmarked and reduce risks, thereby further ensuring the safety of funds. .

Seven departments jointly issued new regulations! Elderly care institutions must set up risk deposits for pre-charges

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