Bulgaria tightens control over nursing homes, changes to the Penal Code

Bulgaria is taking decisive measures to protect vulnerable citizens, after a series of scandals involving illegal homes for the elderly rocked the public. With the joint efforts of state institutions, legislative changes are being proposed that aim to put an end to the exploitation of the elderly and sick. This became clear during a meeting of the parliamentary committee on labor and social policy, where a bill for amending and supplementing the Penal Code was presented.

Prevention through the Incrimination of Illegal Practices

The key change, proposed by the Council of Ministers, is the incrimination of providing social services without the relevant license and in violation of quality standards. This includes both residential care and shelter services, as well as personal assistance. According to the motives for the bill, the goal is to seek criminal liability if the life or health of users is endangered by such actions.

"The goal of this legal act is to a great extent to ensure the prevention of such practices. First and foremost, it aims to prevent, limit, and stop in their infancy the attempts to abuse the health condition of our elderly fellow citizens,"

said Deputy Minister of Labor and Social Policy Ivan Krastev during the meeting. He clarified that the legal changes will cover both the heads of legal entities and the staff whose actions have led to an immediate threat to people's health and life.

Reaction to the Scandal in the Village of Yagoda and the Subsequent Inspections

The proposal for changes to the Penal Code comes against the backdrop of massive inspections that began after the shocking revelation by the Minister of Justice in June that 75 people had been held in “horrific conditions” in unlicensed homes for the elderly in the village of Yagoda, Stara Zagora province. This case shook the country and caused a wave of indignation. Homes providing social services quickly became the subject of thorough inspections by law enforcement authorities.

As a direct result of the stepped-up measures, Deputy Minister Krastev noted that over the last two and a half months there has been an “influx of applicants for licensing in accordance with the Social Services Act and the regulation on the quality of social services.” He pointed out that there is reason to believe that some of these providers have so far been operating in the gray sector, outside the law. According to him, this shows that “the preventive element is clearly working.”

Systemic Changes to Cut Off Abuse

In addition to introducing criminal liability, the proposed changes to the Social Services Act provide for a significant increase in sanctions for legal and natural persons. To limit circumvention of the law, a new regulation of the licensing regime is also being proposed.

Deputy Minister Krastev explained the vicious practice that the authorities are trying to stop:

"in our practice, we observe that, after the control bodies impose sanctions, revoke a license, a new company is simply formed that continues to do the same thing in the same place, but now without the burden of the imposed sanctions,"

With the new rules, sanctioned individuals will not be able to manage or represent another legal entity that provides similar services.

Expert from the Ministry of Justice Alexander Stefanov added that the goal of the legislators is

"to minimize or cut off at the very beginning the possibility for someone to profit from or develop such criminal activity and in this way to harm the elderly and sick people who are in a helpless state,"

This is a decisive step towards guaranteeing a dignified and safe life for the most vulnerable groups in Bulgarian society.