Puerto Rico APS


1	State	2019 Statute Number	2019 Statute Language
2	Puerto Rico	3 L.P.R.A. § 211l-5. Support for the Elderly Act—Short title	Sections 211l-5—211l-10 of this title will be known as the “Support for the Elderly Act”.
3		3 L.P.R.A. § 211l-6. Support for the Elderly Act—Definitions	Definitions for purposes of §§ 211l-5—211l-10 of this title: (a) Department.— Means the Department of the Family. (b) Secretary.— Means the Secretary of the Department of the Family. (c) Secretariat.— Means the office of the Secretariat of Family Services of the Department of the Family. (d) Elderly.— Means a person who is 60 years of age or older.
4		3 L.P.R.A. § 211l-7. Support for the Elderly Act—Subrogation	Notwithstanding the provisions of § 568 of Title 31, the Department of the Family is hereby authorized to be subrogated to the right of the elderly to receive support from the person or persons judicially obligated to provide for them, according to §§ 561—570 of Title 31, in those cases in which the Family Services Program provides the following services: (a) Housekeeper; (b) day care; (c) substitute home, and (d) any other that implies payment for services.
5		3 L.P.R.A. § 211l-8. Support for the Elderly Act—Subrogation actions	The Department’s subrogation shall authorize it to file administrative and judicial actions to claim and receive the support funds from those who are obligated to provide support without the requirement of a prior assignment of rights by the elderly person who is supported, since it shall be understood that the acceptance by the elderly person who receives support payments of any of the services indicated in § 211l-7 of this title constitutes an assignment to the Department of the Family of his right to support.
6		3 L.P.R.A. § 211l-9. Support for the Elderly Act—Organization and administrative procedures	The Department shall establish, through regulations, the necessary organizational and administrative procedures in order to: (a) Determine in each case, which person or persons are obligated to provide for the elderly person who receives the benefits of the Secretariat. (b) Locate the persons who have the legal obligation to provide for him. (c) Determine, in conjunction with the provider, whenever possible, the amount that he must contribute for the support of the elderly person, taking into account the needs of the elderly person and the resources of the provider. Once an agreement has been reached, the parties shall sign a stipulation whose terms may be exacted in the courts of Puerto Rico as of the date on which the document is signed. (d) To file actions for support in the courts of Puerto Rico in those cases in which a stipulation cannot be reached as provided by § 27 of this act, to subrogate in the support rights of the elderly, pursuant to what is provided by §§ 211l-5—211l-10 of this title. The contribution that the court determines shall be exactable from the moment the Department requires it from the provider.
7		3 L.P.R.A. § 211l-10. Support for the Elderly Act—Refusal to comply with obligation to support or with agreement; actions	The provider’s refusal to comply with the obligation to provide support, or failure to comply with the terms of an agreement to do so, shall empower the Department to initiate the corresponding legal proceedings to exact the obligation or payment of the contributions determined, from the person or persons legally obligated to provide support.
8		8 Laws P.R. Ann. § 341. Public Policy.	The Commonwealth of Puerto Rico acknowledges its responsibility to provide adequate conditions that shall further the enjoyment of a full life and the natural human and legal rights of elderly persons to the extent its resources and means shall allow. It is hereby stated, as a public policy, to assure elderly persons: (a) The planning, rendering and accessibility of services for them [in] terms of geographic location, means of transportation, as well as other complementary and alternate resources, including assistive technology services and equipment. (b) Optimum access to and use of the best health services. (c) Services and means to enable aged persons to remain with their family whenever possible. When needed, it shall provide them with a substitute home leaving their entrance into an institution as a last resort. (d) Respect of their individual rights, limiting them only when it is needed for their health and safety and as a therapeutic measure certified by a duly licensed physician. (e) The protection of their physical or mental health and of their property against threats, harassment, coercion or disturbance by any natural or juridical person, including financial exploitation, defined as the improper use of an adult's funds, property or resources by another individual including, but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coercion, property transfers or denial of access to assets. (f) The effective operation of the rights consigned in the Bill of Rights of the Constitution of the Commonwealth of Puerto Rico and the applicable laws and regulations.
9		8 Laws P.R. Ann. § 342. Definitions.	The following terms shall have the meaning stated hereinbelow: (a) Elderly person. A person who is sixty (60) years of age or older. (b) Care establishment. Any institution, day or night care center, substitute home, or day care home, as defined in §§ 351 et seq. of this title, which offers care to elderly persons outside of their home during the entire day, or part thereof. (c) Residential establishment. Any home or institution as defined in §§ 351 et seq. of this title, which renders care for twenty-four (24) hours a day and for a prolonged period of time. (d) Coercion. Physical or psychological force or violence exerted on a person to compel said person to say or do something. (e) Harassment. Words, gestures or actions addressed to molest, persecute or disturb an elderly person. (f) Intimidation. Any action or word whose purpose is to exert moral pressure on the will of an elderly person, who, for fear of suffering physical or emotional harm on his/her person, or property or another person, is compelled to perform an act against his/her will. (g) Physical abuse. Any injury or condition which provokes or creates a substantial risk which may cause the disfigurement or temporary or permanent disability of any bodily part or function, or other forms of bodily harm or injury. (h) Mental or physical abuse. Any act or conduct which may bring dishonor, discredit or create contempt for personal values, unreasonable limitation of access and management of goods or chattels, isolation, lack of access to proper sustenance or rest, threats, or destruction of objects dear to the person. (i) Restraining order. Any mandate issued in writing under the seal of a court, which dictates the measures to an aggressor to abstain from incurring or performing certain acts or conduct which constitute abuse of an elderly person. (j) Assistive technology. Any equipment or service which contributes to improving, maintaining or increasing the residual capabilities of elderly persons. (k) Financial exploitation. The improper use of an adult's funds, property or resources by another individual including, but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coercion, property transfers or denial of access to assets.
10		8 Laws P.R. Ann. § 343. Rights of elderly persons - generally.	I. General rights. All elderly persons shall be entitled to: (a) Have the effectiveness of their rights, benefits, responsibilities and privileges established by the Bill of Rights of the Constitution of the Commonwealth of Puerto Rico and of the United States of America, as well as laws and regulations of the Commonwealth of Puerto Rico and of the United States of America, fully guaranteed. (b) Be free from all interference, coercion, discrimination or reprisal to or when exercising their civil rights. (c) Live in an environment of tranquillity, respect and dignity that shall satisfy their basic housing, food, health and financial needs with special attention to their physical, mental, social, spiritual and emotional state. (d) To be free from pressure, coercion, and manipulation from relatives, nonrelatives, private businesses or the State, with the intent of exploiting them financially or of impairing their capability and their right to make decisions for themselves. (e) Receive preventive and clinical medical care and rehabilitation for the protection of their health and general welfare. (f) Engage in a profession, occupation or job adjusted to the extent of their capabilities and knowledge without concern for their age. (g) Obtain a job without being discriminated against because of their age. (h) Participate in workshops and receive counseling and professional and technical help that shall allow them to develop their potential. (i) Be heard, considered and consulted in all matters that affect them, and in issues of public interest without restrictions, interferences, coercion, discrimination or reprisals. (j) Choose with which family member or members they wish to live, or the place where they would like to live, within a loving, understanding and peaceful environment. (k) Enjoy and have access to recreational, sports and cultural service programs in the community, unless a medical determination sustained by a medical record establishes that it affects his/her health. (l) Have effective access to public services and benefits in housing, social welfare, health, nutrition, transportation and employment. (m) Enjoy an environment of peace and quiet. (n) Receive protection and physical and social security against physical and emotional abuse or psychological pressure by any person. (o) Act, together with other members of their group, in the search of solutions to their injuries and problems. (p) Not be subjected to involuntary restraint in a hospital, substitute or residential home, unless otherwise provided by a medical or legal order, or that it is necessary due to a state of emergency to avoid harm to self or to others. (q) Associate, communicate and meet in private with other persons, unless it violates other persons' rights. (r) Receive their correspondence unopened, unless otherwise authorized in writing by him/her or his/her physician. (s) Enjoy confidentiality of the information contained in his/her medical records, which shall not be divulged without his/her written consent. (t) Inspect all medical records under the custody of persons who render medical services or any other kind. (u) Go before the Unit to Investigate and Prosecute Civil Rights Violations of the Department of Justice or any Court of First Instance of the judicial district where he/she resides, in order to claim any right or benefit established by law, to request the suspension of any action which contravenes this chapter, or to request a restraining order for being the victim of abuse or of any conduct which constitutes a crime as typified in the Penal Code of the Commonwealth of Puerto Rico, or in any other special law. II. Rights granted through special legislation. All elderly persons shall be entitled to: (a) Receive any kind of educational, informational and cultural material produced by the Department of Education through the program created to offer educational, informational and cultural services, to be distributed free of charge to entities, organizations and centers that group the elderly, as provided in §§ 51--55 of Title 18. (b) Receive training and retraining in accordance with the provisions of the Employment Opportunities Development Fund created by virtue of §§ 701 et seq. of Title 29, known as the "Puerto Rico Employment Security Act". (c) Receive a subsidy in the monthly rental fee of his/her house and in the interests on loans granted for improvements in order to facilitate mobility and enjoyment of the home, in accordance with and pursuant to §§ 1491 et seq. of Title 17, known as the "Housing Rental and Improvement Subsidy Program for Low-Income Elderly Persons". (d) To participate in all activities carried out during the Day of Homage to Elderly Persons, to be observed on April 30 of each year, pursuant to the provisions set forth in § 5003 of Title 1. (e) Receive [a] copy of his/her birth and marriage certificates and verifications free of charge, pursuant to the provisions of § 1251 of Title 24. (f) Receive half-price admission (persons over sixty (60) years of age) and free admission (persons over seventy-five (75) years of age), for those duly identified with a card or any other proof of age issued by the government, to every performance and artistic or sports activity offered by any municipality, agency, department, dependency, political subdivision facility and any other instrumentality of the Commonwealth of Puerto Rico, and to any public transportation service offered by said municipalities or public agencies or instrumentalities, pursuant to §§ 531--533 of Title 1. (g) Receive tax exemption on income from the sale or exchange of his/her main home, pursuant to the provisions of § 8422 of Title 13. (h) Receive equal employment conditions in relation to work salary, wages, pay or remuneration, terms, ranks, conditions and privileges, or being deprived of employment opportunities or affected his/her status as employment, as provided by §§ 146 et seq. of Title 29. (i) Receive from his/her spouse, ascendants, descendants in the nearest degree or siblings food, housing, clothing and medical assistance, as provided in §§ 561 et seq. of Title 31. (j) File a judicial claim to receive support, in accordance with the provisions of §§ 561 et seq. of Title 31 and § 4242 of Title 33. (k) Bring a judicial claim against his/her spouse or descendant, in the nearest degree, or against any person in charge of his/her care, who has left him/her in any place with the intention of abandoning him/her, in accordance with the provisions of §§ 561 et seq. of Title 31 and § 4242 of Title 33. (l) File a judicial claim against any person who has used force or violence against him/her, in accordance with the provisions of §§ 561 et seq. of Title 31. (m) Receive a funeral services plan if the elderly person is indigent, does not have relatives or they do not have the resources with which to pay for it, as provided in §§ 211 et seq. of Title 3, known as the "Organic Act of the Department of the Family". (n) Serve the Government of Puerto Rico in any of its public agencies, instrumentalities or corporations, including municipalities, without detriment to his/her retirement pension, be it for age or years of service, in any of the pension or retirement systems of the Government of Puerto Rico, or any of its agencies and instrumentalities, or any retirement or pension fund created by virtue of the laws of Puerto Rico, subject to the regulations established in §§ 826 and 827 of Title 3 and §§ 827a--827b of Title 3.
11		8 Laws P.R. Ann. § 344. Rights of elderly persons-- Lodged in care institution.	Every elderly person who is lodged in a public or private institution for the care of the elderly shall be entitled to: (a) Be informed ahead of time of all the services said institution renders and the cost thereof. (b) Be informed upon admission to the establishment of the state of their health; to have the opportunity to share in planning their treatment, unless it is counterindicated for medical reasons and it is so stated in their record; and to refuse to be given experimental treatment. (c) Not be subjected to discrimination because the payment to the establishment comes from a specific source, concerning their admission, transfer or release from the establishment. (d) Have a choice in obtaining the primary services needed for their treatment, whether legal, medical, social or others. (e) Not be transferred or removed from the establishment without their consent, unless the director or administrator of the establishment notifies them of it no less than thirty (30) days in advance and provides a plan for their release from the establishment which specifies the reasons for the transfer, if it is ordered and is against their will. (f) Not be subjected to corporal or emotional abuse or psychological pressures; and in case of abuse, any person legally authorized shall be empowered to remove the elderly person with his or her consent. In those cases whereby the elderly person is not capable of making decisions or is mentally disabled, through the authorization of the legal guardian, should be there one, or a court order. (g) Not be administered any medication whatsoever or be restrained physically or chemically unless it is part of the medical treatment for a specific health condition, and is in accordance with the standards established by the medical profession for that treatment. The nature, amount and reasons to administer any medication or chemical restraint shall be promptly entered in the record. (h) Not be restrained physically or chemically nor isolated except for therapeutic reasons to keep the person from harming himself or others or damaging the property. In no case shall restraints be used to punish or discipline a person, nor shall restraints be used for the convenience of the establishment's staff. Restraints shall be used only by written orders of the physician. The order shall specify the data, observations and evidence that gave rise to the use of restraints and the purposes for which they will be used. The order shall also specify the length of time for the restraint and the clinical grounds for said timespan. No restraint order shall be valid for more than twenty-four (24) hours. If further restraint is required, a new order must be issued by the physician. The condition of the person who has been restrained or isolated shall be determined every fifteen (15) minutes, and said information shall be entered into the clinical record. (i) The privacy of their correspondence. (j) Receive visits which shall be directed to maintain the family ties and planned to be convenient for the resident and his or her visitors without hampering the operations of the establishment. The establishment shall be flexible regarding the visits of relatives and friends who for a justified reason are unable to visit during the appointed hours. (k) Keep in communication with the persons they wish to, including their representatives, and with community groups and intermediaries who may visit the residents on their own initiative. (l) Be allowed to manage their own finances or be given a report regarding them, if the responsibility was delegated on another person. (m) Keep their medical and personal records confidential, and only if the aged person is transferred shall they be removed from the institution. (n) Be treated with dignity and have privacy during their treatment and personal care. (o) Be allowed to use clothing of their choice and to have their own space within the institution, unless this infringes on the rights of the other residents or is forbidden as part of their medical treatment. (p) Be provided privacy, if married, for conjugal visits. If both spouses are residents of the institution they should share sleeping quarters, provided the establishment's facilities allow it.
12		8 Laws P.R. Ann. § 345. Rights of elderly persons-- Lodged in residential or medico-hospital establishment.	Elderly persons shall also have the following rights when they are admitted voluntarily or involuntarily to a residential or medico-hospital establishment: (a) In every process of voluntary admission to medico-hospital institutions, convalescent homes, substitute homes or a residential service of any nature, elderly persons shall receive all legal, procedural and substantive guarantees from their family, tutor, agency or professional in whose charge they are as any other citizen would have. (b) Such rights shall be guaranteed in practice throughout the entire treatment period, its termination and its followup. (c) In cases of involuntary admission, the elderly person shall be entitled to: (1) Request the director to grant and conduct a hearing to discuss the confinement. The establishment shall provide the needed means of communication. (2) That the involuntary confinement is not extended beyond the time stipulated by the corresponding laws and regulations in tune [sic] with their treatment. (3) Request to be present at and attend medical or legal hearings. (4) Receive the visits of and consult with lawyers personally, by mail, telephone or any other legitimate means of communication. (5) Contract the services of a lawyer, or request them from the court, the Legal Services Corporation or the Legal Aid Society, if indigent. (6) Have an independent expert to evaluate the case and, if unable to remunerate him/her, request it from the corresponding agency which shall provide the service.
13		8 Laws P.R. Ann. § 346. Rights of elderly persons-- Suit to claim.	All elderly persons, on their own, or by their tutor, or through a public official, police officer or private person concerned for their welfare, may go, before the Unit to Investigate and Prosecute Civil Rights Violations of the Department of Justice, or before the Office of the District Attorney of the Judicial Center closest to their residence, or before any part of the Court of First Instance of the judicial district where they reside, to claim any right or benefit enacted in this chapter or to request the suspension of any action which contravenes its provisions. The district attorneys and the courts shall grant priority to the actions brought by virtue of this section. The courts shall have the power to appoint legal counsel or a judicial defender for the elderly persons and issue any order or judgment pursuant to law which may be needed to implement the provisions of this chapter. Noncompliance of the orders and judgments issued by the court by virtue of this section shall constitute civil contempt.
14		8 Laws P.R. Ann. § 346a. Restraining orders.	Any elderly person who has been the victim of abuse or conduct which constitutes a crime as typified in Title 33 of the Commonwealth of Puerto Rico or in any other special law, may file a petition, on his/her own behalf, or through his/her legal representative, law enforcement officer, guardian or public official or any private person interested in the welfare and safety of the elderly person in the court and request a restraining order, without first having to file a complaint or an accusation. After the court has determined that there are sufficient grounds to believe that the petitioner has been the victim of physical, mental or psychological abuse, harassment, coercion, intimidation or any other crime, it may issue a restraining order. Said order may include, without it being construed as a limitation, the following: (a) An order for the defendant to vacate the residence he/she shares with the petitioner, regardless of the right claimed thereon. (b) An order for the defendant to abstain from molesting, harassing, persecuting, intimidating or threatening an elderly person or in any other way interfering with his/her rights as acknowledged in this chapter. (c) An order for the defendant to abstain from entering any place where the petitioner may be found, when at the discretion of the court, said restriction may be necessary to prevent the defendant from molesting, intimidating, threatening, disturbing the peace or otherwise interfering with the petitioner. (d) An order for the defendant to pay support if legally bound to do so. (e) An order prohibiting the defendant from disposing in any way of the private property of the petitioner. Provided, That when the administration of a business, commercial or industrial concern is involved, the party against whom the order is issued must submit a monthly financial report to the court accounting for its administrative efforts. (f) An order concerning any of the provisional measures regarding the possession and use of the residence of the parties and other chattels. (g) An order for the defendant to pay financial compensation from his/her own estate for the damages caused by his/her abusive behavior. Said compensation may include, but shall not be limited to a compensation for moving expenses, expenses for repairs to the property or for legal, medical, psychiatric, psychological, counseling, orientation, housing, lodging or any other such similar expenses, without prejudice to other civil actions to which the petitioner may be entitled. (h) An order for the owner or person in charge of a residential or hospital establishment, where the petitioner may be found, to take the necessary measures to ensure that the order or any part thereof is not violated. (i) Any other order issued as needed to comply with the purposes and public policy of this chapter.
15		8 Laws P.R. Ann. § 346b. Competence.	Any judge of the Court of First Instance may issue a restraining order pursuant to this chapter. Any restraining order may be revised by any court of higher competence.
16		8 Laws P.R. Ann. § 346c. Procedure.	Any person may request the civil remedies established in this chapter for him/herself or on behalf of any other person when the latter suffers from physical or mental disability, in case of emergency or when the person is unable to make the request on his/her own. The right to request the remedies established herein shall not be affected because the petitioner has abandoned his/her residence to avoid being abused or becoming the victim of any other crime. (a) Procedure to initiate the action. The procedure to obtain a restraining order may be initiated: (1) By filing a verbal or written petition; or (2) as part of any other case pending between the parties, or (3) at the request of the Department of Justice in a criminal proceeding, or as a condition for probation or parole. To allow the interested parties to promptly obtain a restraining order under this chapter, the Office of the Courts Administration shall make available at the Office of the Court Clerk of Puerto Rico simple forms on which to request and process said order. Likewise, it shall provide the assistance and guidance needed to complete and file them.
17		8 Laws P.R. Ann. § 346d. Notice.	(a) Once a petition for a restraining order has been filed according to the provisions of this chapter, the court shall issue a summons to the parties in question under admonishment of contempt, for them to appear within a term which shall not exceed five (5) days. (b) The service of the summons and the copy of the petition shall be made pursuant to the Rules of Civil Procedure of Puerto Rico and shall be executed by an officer of the court or by any other law enforcement officer as promptly as possible and it shall take preference over any other type of summons, except those of a similar nature. The court shall keep a record of every case in which every summons issued pursuant to this chapter shall be noted. (c) The failure of a person to appear after being duly summoned pursuant to this chapter shall be punishable as contempt to the court which issued the summons. (d) Once the petition has been filed, notice thereof shall be served pursuant to the Rules of Civil Procedure of Puerto Rico. (e) At the request of the petitioner, the court may order that the summons be served by any person over eighteen (18) years of age who is not a party to the case.
18		8 Laws P.R. Ann. § 346e. Ex parte orders.	Other legal provisions notwithstanding, the court may issue an ex parte restraining order should it determine that: (a) Diligent, although unsuccessful steps have been taken to serve the defendant with a copy of the summons issued by the court and the petition filed with the court, or (b) there is a probability that the act of previously serving the defendant shall cause the irreparable damage which is sought to be avoided by requesting the restraining order, or (c) when the petitioner shows that there is a substantial probability of immediate risk of abuse or becoming the victim of any crime. Whenever the court issues an ex parte restraining order it shall be of a provisional nature and the court shall immediately serve the defendant with a copy thereof or in any other manner and shall provide the defendant with an opportunity to challenge said order. For this purpose it shall schedule a hearing to be held within the following five (5) days after the ex parte order has been issued, unless the defendant requests an extension to such effect and shows just cause. During said hearing the court may render the order ineffective, modify it or extend its effects for the term it may deem necessary.
19		8 Laws P.R. Ann. § 346f. Contents of the restraining orders.	(a) Every restraining order must specifically set forth the orders issued by the court, the remedies ordered and its term of effectiveness. (b) Every restraining order must set forth the date and hour that it was issued and specifically serve the parties that any violation of the same shall constitute a misdemeanor which could result in a term of imprisonment, a fine, or both penalties, as provided in § 346h of this title. (c) Any ex parte restraining order must include the date and hour in which it was issued and must indicate the date, time and place that the hearing will be held for the extension or annulment of the same and state the reasons for which it was necessary to issue said order ex parte. (d) Every restraining order issued by a court shall be set forth on a form designed by the Office of the Courts Administration.
20		8 Laws P.R. Ann. § 346g. Notice to the parties and the law enforcement agencies.	(a) A copy of every restraining order must be filed with the Office of the Clerk of the Court which issues the same. The Office of the Court Clerk shall provide a copy thereof at the request of the parties or of any interested person. (b) Any order issued under to this chapter must be personally served on the defendant, whether through an officer of the court, a law enforcement officer, any person over eighteen (18) years of age who is not a party to the case or according to the procedure established in the Rules of Civil Procedure. (c) In or before ten (10) working days, the Office of the Court Clerk shall send a copy of the orders issued under to this chapter to the Area Headquarters of the Puerto Rico Police, which shall be responsible for maintaining a record of the restraining orders thus issued. (d) The Puerto Rico Police shall provide adequate protection to the party in whose benefit a restraining order is issued.
21		8 Laws P.R. Ann. § 346h. Noncompliance.	Any knowing violation of a restraining order issued pursuant to this chapter shall be punished as a misdemeanor and the convicted person shall be sanctioned with a term of imprisonment that shall not exceed six (6) months, a fine that shall not exceed five thousand dollars ($5,000), or both penalties at the discretion of the court. The provision of Rule 11 of Criminal Procedure, App. II of Title 34, notwithstanding and even though there may not be an order to such effect, any law enforcement official must make an arrest if presented with a restraining order issued pursuant to this chapter against the person to be arrested, or if he/she determines that there is such order after communicating with the pertinent authorities and he/she has grounds to believe that the provisions of the same have been violated.
22		8 Laws P.R. Ann. § 346i. Powers of the Department of the Family.	The Department is hereby empowered to adopt the rules, norms, regulations and forms, as well as to establish the procedures necessary to enforce the provisions of this chapter. The Department shall have the power to intervene in all situations of abuse, institutional abuse, abuse by negligence, and abuse by institutional negligence. Likewise, it shall be responsible for the prevention, identification, investigation, protecting supervision and social treatment of all elderly persons who are victims of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence, and their families, including the bringing and presenting of the pertinent legal actions before the court. The Department shall likewise have the functions and responsibilities delegated to it by this chapter. The Department shall establish a Direct Emergency and Assistance Line for Elderly Persons to be denominated "Golden Hotline," and provide all necessary resources, including a special communications system free of charge, through which elderly persons and/or any citizen may report situations of emergency, abuse or negligence twenty-four (24) hours a day, seven (7) days a week.
23		8 Laws P.R. Ann. § 346j. Reports-- Professionals and officials under obligation to report.	Professionals or public officials, public or private and privatized entities that in their professional capacity and in the discharge of their functions learn or suspect that an elderly person is, has been, or is at risk of being a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence, are hereby placed under the obligation to report those cases in which there is or there is the suspicion that there is a situation of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence against an elderly person; as well as health, education, social work and law enforcement professionals, and persons engaged in directing or working in care institutions or establishments that offer care services during a twenty-four (24)-hour day or part thereof. They shall report such a fact through the "Golden Hotline" and the Puerto Rico Police and/or the Office of Elderly Affairs, attached to the Office of the Governor.
24		8 Laws P.R. Ann. § 346k. Other persons to report.	Any person who learns or suspects that an elderly person is a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence shall report such a fact through the "Golden Hotline," to the Puerto Rico Police, and/or to the Office of Elderly Affairs, attached to the Office of the Governor, in the manner provided for by this chapter. The information thus furnished shall be kept in strict confidentiality, as well as the identity of the person who furnished the information.
25		8 Laws P.R. Ann. § 346l. Emergency custody.	Any Commonwealth or municipal police officer, social technician or worker especially designated by the Department, official designated by the Office of Elderly Affairs, attached to the Office of the Governor, official of the Commonwealth Emergency Management and Disaster Administration Office, any physician or other health professional that has an elderly person under treatment, shall assume emergency custody, even when the elderly person is under the temporary or permanent care of a tutor or a person responsible for his or her well-being, when the following circumstances occur, as they may apply[:] (a) He or she learns or believes that there is a risk for the safety, health and bodily, mental, emotional and/or moral integrity of the elderly person. (b) The tutor or person responsible for the welfare of the elderly person are not accessible or do not consent the removal of the elderly person, this only in the case that the elderly person is under the temporary or permanent care of any of these. The person in charge of a hospital or a similar medical institution shall assume emergency custody of an elderly person when he or she learns or believes that the latter has been a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence; when he or she understands that the facts so warrant, even if no additional medical treatment is required, even if the tutor or the persons responsible for the welfare of the elderly person request that he or she be returned. The person assuming emergency custody of an elderly person shall take the latter to the place previously designated for this purpose by the Department of the Family. Any person assuming emergency custody of an elderly person shall report such a fact immediately through the "Golden Hotline." The emergency custody referred to in this section may not exceed twenty-four (24) hours, except in the cases on which an authorization from the court is procured and obtained. No emergency custody shall or may be assumed in violation of the rights of the elderly person. The elderly person, provided he or she is fully mentally competent and/or unless there is a medical or legal order that so warrants, shall be heard and tended to in relation to his or her interest and wish of being protected.
26		8 Laws P.R. Ann. § 347. Other actions reserved.	The execution of the action authorized by this chapter is apart from any other civil or criminal action, right or remedy provided by the statutes in effect, and none of its provisions shall limit or impede the execution of such actions, rights or remedies.
27		8 Laws P.R. Ann. § 351. Short title.	This chapter shall be known as the Establishment for the Elderly Act.
28		8 Laws P.R. Ann. § 352. Health and Social Welfare Facilities, partial repeal.	This chapter repealed the provisions of §§ 331--333p of Title 24 regarding the supervision, operation and licensing of the establishments mentioned in §§ 332--332g thereof.
29		8 Laws P.R. Ann. § 353. Definitions.	Definitions for the purposes of this chapter: (1) Department Means the Department of the Family of the Commonwealth of Puerto Rico. (2) Institution Means any asylum, institute, residence, lodging, annex, center, home, house, mission or shelter devoted to the care of seven (7) or more elderly persons, for twenty-four (24) hours a day, with or without profit. (3) Daycare home Is the home of a family engaged regularly in daycare for pay [for] a maximum of six (6) adults unrelated by blood ties to said family. (4) Substitute home Is the home of a family engaged in the care of not more than six (6) elderly persons, who come from other homes or families, for twenty-four (24) hours a day, with or without profit. (5) Daycare center Means an establishment, with or without pecuniary purposes, where the elderly are provided with a series of services, the majority of which concern health, for people with more than three limitations in their daily life. (6) Multiple activities center Means an establishment, with or without pecuniary purposes where the elderly are provided with a series of services, the majority of which are social and recreational, with the purpose of maintaining or maximizing their independence during part of the twenty-four (24) hours of the day. (7) Elderly person Means a human being sixty (60) years of age or older. (8) License Means a written permit issued by the Department, by virtue of which a natural or [juridical] person is authorized to operate an institution, daycare center, daycare home or substitute home. (9) Establishment Includes any institution, daycare center, substitute home, daycare home, as said terms are defined herein.
30		8 Laws P.R. Ann. § 354. Issuance of licenses.	The Department shall be the sole agency authorized to issue licenses to any establishment set up in Puerto Rico, for the care of the elderly, and it shall do so taking into consideration the welfare of the latter.
31		8 Laws P.R. Ann. § 355. Unlicensed institutions prohibited.	No person, entity, association, corporation, or the Commonwealth Government or any municipality or other political subdivision, or any department, division, board, agency or instrumentality thereof, shall establish, operate or maintain an establishment for the care of the elderly unless, before commencing operations, it requests and is granted the license required by § 354 of this title. Those persons who take care of one (1) or two (2) elderly persons, or any person who takes care of aged persons to whom he is related by consanguinity or affinity shall be exempted from complying with this provision.
32		8 Laws P.R. Ann. § 356. Inspection of institutions.	The Department, through its duly authorized representative, shall visit and inspect, whenever it deems it necessary, but at least once every three (3) months, any establishment for the care of the elderly operating in Puerto Rico, to ascertain whether they are operating in accordance with the provisions in this chapter and the rules and regulations promulgated thereunder. These inspections shall be carried out at the instance of the Department itself, or at the request of the elderly residents of the establishments, or their family members. If the requested investigation is not carried out within the next thirty (30) days after being requested before the Department, the elderly resident or a family member, by means of a form provided and designed by the Department of the Family for such purposes, may appear before the Adjudication Board set forth by means of regulation, to compel the Department to perform the requested inspection. The cause for the submittal of such request shall be stated in said form. It shall be the obligation of the owners, operators, and/or administrators of such establishments to give orientation to the elderly persons and/or their family member in charge of same, regarding the rights of the elderly, pursuant to the dispositions set forth herein. In addition to said orientation, the owners, operators, and/or administrators shall give a copy of the text of this section to the elderly person, or the person in charge of same, on the same day in which the elderly person is moved into the establishment, and the receipt of the orientation and referenced documentation shall be so ratified in writing in a statement by the elderly person and/or the person in charge of same.
33		8 Laws P.R. Ann. § 357. Granting, renewal, suspension, denial or cancellation of license.	(a) Every private or public establishment for the elderly operating in Puerto Rico when this act takes effect shall receive a provisional license authorizing it to continue rendering services for a period not to exceed six (6) months after its issuance; to give them the opportunity to comply with the standards and guidelines fixed herein and the regulations promulgated hereunder. (b) The Department shall issue a license to every establishment for the care of the elderly which applies for one and complies with the standards and guidelines that shall be established in the regulations promulgated hereunder. (c) Licenses shall be issued for a period not greater than two (2) years, at the completion of which they may be renewed if the establishment continues to meet the requirements established by this chapter and the regulations promulgated thereunder. Licenses currently in effect shall expire upon the end of the term for which they were issued. In the event they were renewed, these shall be issued for a term of two (2) years. On the date the license is to be renewed, the person(s) in charge (administrators, operators and supervisors) of the establishment, as well as the staff working therein or renders services thereto and directly handle the elderly person(s), shall present evidence of having obtained a Competency Certificate in the Basic Competency Areas for Rendering Services to the Elderly Population after having taken an annual competency course or seminar on new developments in the areas of gerontology, with special emphasis in the handling of the basic health and care needs, nutrition, recreation, and socialization of elderly persons. The basic competency areas of the certificate shall include, without being limited to the following: (1) Value aging as a normal process within the life cycle and recognize the contributions made to society by elderly persons, free from prejudice and negative stereotypes. (2) Have relevant basic knowledge in the fields of gerontology for rendering services to elderly persons. (3) Apply the core concepts acquired in gerontology to the identification and solution of problems and situations that limit the optimal functionality of the elderly persons in the physical, social and psychological areas. (4) Participate effectively as a member of an interdisciplinary team, in tending and rendering services to the elderly. The Department of the Family shall have the responsibility of checking while conducting the inspection that it is obliged to perform in long-term care establishments, that the staff working in each establishment holds a Competency Certificate in the Basic Competencies for the Rendering of Services to the Elderly. The Department of the Family, specifically the Office of Licensing, shall take into account when granting a license, that the staff at the establishments who take the course(s) or seminar(s) to be offered to attain the Competency Certificate in the Basic Competencies for the Rendering of Services to the Elderly Population comply with the following regulations: (1) The course(s) or seminar(s) taken are administered for a minimum of thirty (30) hours for each level of complexity and that the level of complexity of the course taken by the staff corresponds to level of education that they have. (2) The certificate shall be granted by institutions accredited by the Higher Education Council or by the General Education Council or nonprofit organizations authorized by the Medical Board of Examiners (MBE) and by the Office of Regulation and Certification of Health Professionals, attached to the Health Department, with the pertinent provider number in effect, that have curricula specialized in the areas of gerontology. Once the staff that renders direct services, whether they are the employees who work regularly in the long-term care centers or the staff whose direct services have been contracted by the owner(s), administrator(s) or supervisor(s) of the center has completed the courses or seminars, which must consist of a minimum of thirty (30) hours for each level of education. In the case of staff whose services are circumscribed to being a messenger, or to maintenance or driving, shall take a minimum of ten (10) hours of courses and seminars so that they may receive their certificate. The institutions that offer the courses or seminars leading to attaining the Competency Certificate in the Basic Competencies for the Rendering of Services to the Elderly Population, must be accredited by the Higher Education Council or by the General Education Council or by a nonprofit organization authorized by the Medical Board of Examiners (MBE) and by the Office of Regulation and Certification of Health Professionals, attached to the Department of Health, with the pertinent provider number in effect. They shall have curricula specialized in the areas of gerontology and shall design the curriculum so that it contemplates the three levels of education of the staff working at the long-term care centers, to wit: Basic Level (for persons who have completed high school or less); Intermediate Level (for persons with a college education, including an associate or a bachelor's degree); and Advanced (for persons with a masters or doctoral degree). The institution that grants the certification shall be responsible for determining through assessment tests if the persons have acquired the level of knowledge necessary for granting them the certificate with a grading of approved or not approved. The assessment methods shall be standardized and uniform according to the level of the competencies offered. (3) The institutions shall have the responsibility of guaranteeing the academic competencies of the contracted resources for the design and offering of the courses or seminars and the same shall contain the three levels of complexity for the granting of the certification according to level, as is contemplated in clause (1) of the third paragraph of this subsection. The term of six (6) months is established as of the date of approval and incorporation of these amendments to this chapter, so that the Department of the Family, specifically the Office of Licensing, requires that the owner(s), administrator(s), operator(s) or supervisor(s) of long-term care establishments present the Competency Certificate in the Basic Competencies in the Rendering of Services to the Elderly of the staff working or that is going to work in the establishment as a requirement to obtain the license to operate the same. The owner(s), administrator(s), operator(s) or supervisor(s) of the long-term care establishment shall have a period of six (6) months as of the date of contracting the staff to require that they present their competency certification in the basic competencies for the rendering of services to the elderly population as a requirement to remain in the job. All personnel working or who is going to be contracted to work in the long-term care establishments, is hereby exempted from the certificate requirement, provided they can present evidence that they have a formal education with a minimum of thirty (30) hours in the areas of gerontology. However, one (1) year after the date of approval and incorporation of these amendments to this chapter, the personnel exempted of the requirement of taking the course(s) or seminar(s) leading to attaining the Certificate in Basic Competencies for Rendering Services to the Elderly Population, shall present evidence of having taken course(s) or seminar(s) of continuing education in the areas of gerontology. The certificate shall have an effectiveness of one year as of the date of issue, during which it shall not be subject of the additional continuing education requirement. The course shall consist of a minimum of three (3) contact-hours and the same shall not be repeated within a lapse of two (2) years. To such effects, all long-term day care institutions, whether public or private, shall keep a record of each employee where the courses or seminars leading to attaining the Certificate in Basic Competencies for the Rendering of Services to the Elderly Population shall be recorded, as well as the courses or seminars of continuing education they attend to and they shall remit a copy thereof to the Office of Elderly Affairs and to the Office of Licensing of the Department of the Family. The owner(s), administrator(s), operator(s) or supervisor(s) of the long-term care establishments for the elderly, shall refer their personnel to the Department of Labor and Human Resources, specifically to the Occupational Development Council, to request that the cost(s) of the course(s) or seminar(s) for attaining the Competency Certificate in the Basic Competencies for Rendering Services to the Elderly Population, be assumed by the Workforce Investment Act (WIA), provided the personnel meets the eligibility requirements established therein. The Department of Labor and Human Resources and the Office of Licensing of the Department of the Family, after having assessed the needs of the staff of the establishment(s), shall establish collaboration agreements with the corresponding institutions that offer these courses or seminars and shall ensure that the same are accredited by the Higher Education Council or by the General Education Council or by nonprofit organizations authorized by the Medical Board of Examiners (MBE) and by the Office of Regulation and Certification of Health Professionals, attached to the Department of Health, with the pertinent provider number in effect. In the event that the owner of the establishment works at the establishment and directly tends to the elderly, and does not administer the establishment, shall meet the requirement of taking the competency course(s) or seminar(s) referred to in the first paragraph of this subsection. In the event that the owner of the establishment administers the establishment, even if he or she does not directly tend to the elderly, shall meet the requirement of taking the course(s) or seminar(s). In the event that the owner of the establishment does not work at the establishment and delegates the administration of the establishment on a third party, it shall suffice for the former to present evidence that the person(s) designated for the administration of the establishment, as well as the staff working therein or who renders services thereto by tending directly to the elderly, have obtained a competency certificate in the basic competencies for the rendering of services to the elderly population after having taken the annual competency course or seminar referred to in the first paragraph of this subsection. Both the owner of the establishment and the administrator, in the event that they are not the same person, are under the obligation of ascertaining and facilitate both for themselves and their staff, the taking, at least once a year, of a continuing education course or seminar pursuant to the provisions of the first paragraph of this subsection. The owner of the establishment is under the obligation to see that the staff working or rendering services in the establishment for the elderly has its due annual competency education. In the event that the administrator and/or the staff changes during the two (2) years of effectiveness of the license, the owner of the establishment shall require the new employee recruited or contracted that he or she present evidence of having taken a course or seminar. The evidence furnished by the new employee, with respect to the course or seminar, shall be presented under the obligation of the owner of the establishment to the Department of the Family, specifically to the Office of Licensing. The certification that accredits each of the employees that render direct services to the elderly in the establishment, including that of the administrator, as having obtained the competency certificate in the basic competencies for the rendering of services to the elderly population, pursuant to the provisions of the first paragraph of this subsection, shall be placed all together in a visible area of the establishment. Violation of this provision shall be punished by an administrative fine not greater than one hundred dollars ($100) per infraction. To such effect, the Department of the Family shall establish the corresponding administrative procedure, pursuant to the provisions of the Uniform Administrative Procedures Act. The Office of Elderly Affairs, in collaboration with the Department of the Family, specifically with the Office of Licensing, shall create and keep an updated register of the institutions that offer the annual courses or seminars for the attaining of the Competency Certificate in the Basic Competencies for the Rendering of Services to the Elderly Population, with special emphasis in the tending to the basic needs of health and care, nourishment, recreation and socialization, as well as psychological needs and physical therapy. All institutions offering courses or seminars leading to the attaining of the Competency Certificate in the Basic Competencies for the Rendering of Services to the Elderly Population or continuing education courses or seminars on the subject to which we refer, shall inform to the Office of Elderly Affairs and the Department of the Family, specifically the Office of Licensing, about their educational offerings. (d) When applying for a license to be issued or renewed, the person(s) in charge of the establishment, as well the personnel who works or renders services there by directly attending to the elderly, shall provide evidence of having taken and passed a Cardiopulmonary Resuscitation (C.P.R.) course, and must furthermore present evidence of having taken and passed a first aid course through which they have been qualified to handle cuts, fractures, choking, burns and allergies among other health conditions. For the purposes of this subsection the "person in charge of the establishment" means the person(s) charged with the administration of the establishment for the elderly, regardless of whether they are natural or juridical persons or both. In case the owner of the establishment, be it a natural or juridical person or both, works at the establishment and directly attends to the elderly and does not administer the establishment, he/she must comply with the requirement of having taken and passed a Cardiopulmonary Resuscitation (C.P.R.) course as well as a first aid course referred to in the preceding paragraph. In case the owner of the establishment administers the establishment, even though he/she does not directly attend to the elderly, he/she must comply with the requirement of having taken and passed a Cardiopulmonary Resuscitation (C.P.R.) course as well as a first aid course, respectively. In case the owner of the establishment does not work at the establishment and delegates the administration of the establishment to a third party, it shall be enough for him/her to present evidence as to the fact that the person(s) designated for the administration of the establishment, as well as the personnel who works or renders services there by directly attending to the elderly, have taken and passed a Cardiopulmonary Resuscitation (C.P.R.) course as well as a first aid course, referred to in the first paragraph of this subsection. Every time the license is renewed evidence must be presented as to the fact that the C.P.R. certification of every employee, person contracted to render services directly to the elderly, or every administrator is currently in effect. Both the owner as well as the administrator of the establishment, in case they are not the same person, are bound to ensure and make possible that they themselves as well as their personnel are certified after passing the C.P.R. course and that they maintain their certification current while working at the establishment for the elderly. The owner of the establishment is bound to ensure that the personnel who works or renders services at the establishment for the elderly is obviously duly and currently certified to administer C.P.R. and first aid. In case the administrator and/or the personnel changes within the course of the two (2) year term of effectiveness of the license, the owner of the establishment shall require that the new employee recruited or contracted provide evidence of having taken and passed both the C.P.R. and the first aid courses. The owner of the establishment shall be bound to immediately notify the Department of the Family regarding the evidence submitted by the new employee regarding the C.P.R. and the first aid courses on or before the ten (10) subsequent days after the date the new employee has been recruited or contracted. The certifications of every employee or person contracted to render direct services to the elderly at the establishment, including that of the administrator, that indicate that they have taken and passed the cardiopulmonary resuscitation (C.P.R.) course pursuant to the provisions of the first paragraph of this subsection, shall all be displayed together in a visible area in the establishment. Violation of this provision shall be sanctioned according to the provisions of § 363 of this title. For the purposes of this subsection, a first aid kit must be available at the establishment which must contain a splint, square compresses for setting fractures, alcohol, gauze pads, band aids, disposable masks, thermometer, and an oxygen tank with humidifier, among other first aid equipment and supplies. (e) The Department shall proceed to cancel, suspend or deny a license in any case if the holder thereof, after having been notified of the deficiencies found, does not undertake to correct them within the term determined by the Secretary, which shall not exceed six (6) months. (f) The Department shall maintain an up-to-date register of the establishments to which a license has been issued to operate as such, and which contains the site where each establishment is located, the complete name of the natural or juridical person who operates it, the physical facilities and services it offers its residents, the maximum number of residents it can admit, the monthly lodging fees and any other data that the Secretary of the Family deems necessary and convenient to guide the public that shall use those services. The register shall be available for examination by any person seeking information about establishments that are duly licensed in accordance with this chapter. (g) Any natural or juridical person who operates an establishment as it is defined by this chapter shall submit to the Department, along with the application for the license, the establishment's regulation which shall include, without limitation, the rules and norms for requesting the admission of the elderly thereto, the admission requirements, the reasons for denying the services offered by the establishment, the norms for denying lodging to the elderly, visiting days and hours, the handling of their mail and any other norms provided by the Secretary of the Family through regulations to guarantee the rights of the elderly as established by §§ 341--347 of this title. Every subsequent amendment or modification to said regulations must be submitted to the Department no later than thirty (30) days following the date it is adopted.
34		8 Laws P.R. Ann. § 358. Licenses issued, not transferable.	Each license shall be issued solely for the physical premises and the natural or juridical, public or private person applying for the same and it shall not be transferable, assignable or conveyed. Every duly licensed establishment shall post its license in a place clearly visible to the public. The sale, conveyance, lease, transfer or assignment, through the payment of a price or gratuitously, of the establishment for the elderly to any natural or juridical person who does not possess a certificate of eligibility from the Department of the Family certifying that said person meets the requirements established by this chapter and its regulations for a license to operate these establishments from the Department, is hereby prohibited. Any advertisement of sale or any other establishment transaction that directly or indirectly expresses that the transaction will include the resident elderly persons is hereby prohibited. Any person who violates the provisions of this section will be subject to the penalties established in § 363 of this title. Every sale, conveyance, rental or transfer of an establishment in violation of this section's provisions shall also be just cause for the cancellation of the license.
35		8 Laws P.R. Ann. § 359. Right to appeal.	Every licensee or applicant for a license to operate an establishment for the care of the elderly shall have the right to appeal before the Reconsideration Board the Department's decision cancelling, suspending or denying a license before the Board of Appeals of the Department of the Family, within the term provided by § 2165 of Title 3, the Puerto Rico Uniform Administrative Procedures Act.
36		8 Laws P.R. Ann. § 360. Regulations.	The Department is hereby authorized to promulgate the necessary regulations to ensure compliance with the provisions of this chapter after public hearings have been held. The regulations to determine the granting of a license to establishments for the care of the elderly shall specify the requirements, among others, that such establishments must comply with regard to the following aspects: (a) Financial resources to maintain adequate services. (b) Number, formal education and qualifications of the employees in accordance with the tasks to be performed and the number of elderly persons to be cared for; a good conduct certificate supplied by each employee serving therein. (c) Adequate physical facilities, equipment and materials, sanitary conditions of the premises and the neighborhood, space, light, ventilation, fire safety measures, and other measures for the protection of the health and welfare of the elderly. (d) Available medical services, nurses, occupational therapy services and services by other specialists, as necessary. If occupational therapy services are needed, the doctor shall recommend the same, and these may be provided or facilitated by the establishment, without it being understood that it shall be mandatory to have an occupational therapist as permanent staff within the establishment. (e) Nutrition, clothes, social services, moral principles and other essential services for the elderly. (f) Safe and accessible means of transportation for the elderly. (g) Health requirements for the acceptance of the elderly in the establishment. (h) Reports, files for the elderly and the employees, accounting books and any others needed for the proper functioning of the service. (i) Age requirements to admit the elderly to the different establishments. (j) Minimum rights that must be guaranteed to the elderly including the right to participate in the decision-making that affects them. (k) Minimum knowledge and training that persons who operate and work at establishments for the care of the elderly must have, including a minimum knowledge of geriatrics. (l) To establish a program of social, recreational, sporting, educational, artistic and cultural activities for the entertainment, relaxation and socialization of the aged who use their care services. Said program must contemplate and promote the integration and participation of their families.
37		8 Laws P.R. Ann. § 360a. Licensing authority	The Department of the Family is hereby authorized to certify those providers that issue Elderly Care Competency Development Training Certificate.
38		8 Laws P.R. Ann. § 360b. Certification responsibility	Within one hundred and eighty (180) days as of the approval of this act, the Secretary shall be responsible for establishing a regulation for the procedures of evaluation and certification of entities issuing certificates. Furthermore, the Secretary shall have the authority to designate an interdisciplinary team which shall advise him/her on the certification procedures and the development of a curriculum for the certification of the providers. The regulations shall contain information on the parameters to be required to the institutions interested in providing training services for issuing the training certificates, which shall include the basic knowledge of the persons who work in the different establishments; develop assessment guidelines; evaluate institutions interested in offering training certificates; issue certifications to those entities that meet the requirements established in the regulations; conduct periodical visits every year for monitoring the certified entities; orient the general public on the selection criteria and the content of the courses; and investigate complaints filed against training services providers.
39		8 Laws P.R. Ann. § 363. Penalties.	(a) Any person or entity that operates or maintains an establishment for care of the elderly without a license issued by the Department, or that continues to operate it after its license has been canceled, suspended or denied pursuant to the procedures provided in this chapter, shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not less than five hundred (500) dollars nor greater than two thousand (2,000) dollars, or by imprisonment for a term of not more than six months, or both penalties at the discretion of the court. (b) Once the officials of the Department of the Family have notified the deficiencies found during the inspection, the Department shall determine the number of days for their correction depending on the type of deficiency and its severity. Deficiencies in matters of security, nutrition, medications and health shall require immediate correction without the possibility of an extension. If said deficiencies are not corrected within the term established, the Department shall then order the cancellation of the license and the permanent closing of the establishment. It the deficiency has to do with the physical facility a maximum term of six (6) months may be granted for its correction. If after said term has expired the establishment still suffers from the same or part of the deficiencies identified, the Department shall set a fine of not less than five hundred (500) dollars nor of more than three thousand (3,000) dollars, or shall proceed to cancel, suspend or deny the license, or both penalties at the discretion of the Department. The Department shall proceed to penalize the license holder with the penalties and/or fines established, if the latter, after having been notified of the deficiencies identified, fails to correct them within the term determined by the Secretary, pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the "Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico". (c) Every license in effect shall be temporarily suspended until the deficiencies identified and notified have been corrected. Within that period of time the establishment may not increase its enrollment even if it has the capacity to do so. Likewise, if during that same period one of the elderly persons should leave the establishment, the vacancy may not be filled until the deficiencies have been corrected and certified by the Department. (d) Any person found guilty of operating an establishment for the care of the elderly in contravention of this chapter, and who has been ordered to close the same, may not operate another establishment of a similar nature anywhere in Puerto Rico; and if said person should do so, he or she shall be subject to the legally applicable penalties.
40		8 Laws P.R. Ann. § 364. Injunction.	When the Secretary of the Department has knowledge that any establishment for the care of the elderly is operating without a license, either because it has been denied, suspended, cancelled or because it has failed to apply for one, a petition for an injunction may be filed before the Court of First Instance through the Secretary of Justice to prevent said establishment from continuing to operate.
41		8 Laws P.R. Ann. § 365. Expense of program.	The Department of the Family shall make the necessary adjustments to pay for the program's expenses. For subsequent years, the operating expenses related to these functions shall be included by the Department of the Family in its budgetary petitions.
42		8 Laws P.R. Ann. § 366. Administrative fines	If during an inspection visit, the Department of the Family identifies any non-compliance of the provisions of this chapter, the Department shall so notify the operator, administrator or owner of the establishment, who shall correct such deficiency. In addition to any fine authorized by this chapter, the Department may impose a fine which shall not exceed five hundred dollars ($500) for each violation of the terms of this chapter.
43		8 Laws P.R. Ann. § 367. Special fund	The revenues collected as a result of the applications submitted and filed by the service providers with the Department of the Family, as well as any fines collected for noncompliance with this chapter, shall be deposited into a special fund of the Licensing Office of the Department of the Family, which shall be used for the operations of the Licensing Office, solely for the elderly services area.
44		8 Laws P.R. Ann. § 368 Transitory provision	The owners, persons in charge, administrators, operators, directors, supervisors of establishments, and the staff working or rendering services therein, who at the date of approval of this measure have obtained an Elderly Care Basic Competency Development Training Certificate pursuant to Act No. 117 of May 21, 2004, shall not be bound to obtain a new Certificate. However, they shall be subject to comply with the six (6) continuing education hours, as established on this act after two (2) years have elapsed from its date of issue.
45		8 Laws P.R. Ann. § 481. Definitions.	The following terms shall have the meaning expressed below: (1) Crimes against minors. Are the crimes listed in subsections (a) and (b) of Section 3 of Act No. 28 of July 1, 1997, as amended, when these are committed against a person under eighteen (18) years of age. (2) Violent sex crimes. Are the crimes listed in subsections (a) and (b) of Section 3 of Act No. 28 of July 1, 1997, as amended, in which force, violence or intimidation is used against a person with the intention of sexually abusing said person. (3) Provider of care services. Is any natural or juridical person that provides care services, whether institutionalized or ambulatory or only during the day, or house visits, to children or the elderly in Puerto Rico, including, but without limitation to, care centers, child care centers, housekeepers, homes for the elderly, convalescence homes, intermediate care installations, rehabilitation facilities, centers for psychiatric care or treatment, installations for the care or treatment of people with physical or mental impediments, or care or treatment of people with mental retardation, and private residences in which such services are provided, as well as any other individual or juridical person that provides such services on private residences of the users or beneficiaries thereof; this definition does not include hospitals, clinics, diagnostic and treatment centers, medical offices nor medical-hospital facilities of any type, whether round-the-clock or day care, or ambulatory services are provided, nor does it include correctional facilities, in which medical-hospital or diagnostic and treatment services may be provided incidentally. (4) Elderly. Is any person aged sixty (60) years or more. (5) United States. Are the states of the United States of America, as well as the District of Columbia, its territories, and possessions. (6) Child. Is any person under eighteen (18) years of age. (7) Provider. Is the natural person who provides care services to children or to the elderly in Puerto Rico, regardless of whether such services are provided for pay or other remuneration, or voluntarily, on their own account, or by virtue of an employment contract with an entity that provides care services, which employment, contractual or voluntary service involves, includes or implies direct or economic contact, whether routine or incidental, supervised or not, with children or with the elderly. (8) Registry. Is the registry of persons convicted of sex crimes and child abuse created by §§ 451 et seq. of this title. (9) System. Is the Criminal Justice Information System created by §§ 531 et seq. of Title 4. (10) Applicant. Is any natural or juridical person who applies for and is offered a job, or contractual or voluntary service as care services provider or providing entity.
46		8 Laws P.R. Ann. § 482. Prohibition to providers and certification.	(a) No person may function as a care services provider for children and the elderly or be able to provide such services in the jurisdiction of the Commonwealth of Puerto Rico unless having previously applied for and received a certification indicating that said person is not registered in the Registry of Persons Convicted of Sex Crimes and Child Abuse created by Act No. 28 of July 1, 1997, as amended, in the Criminal Record Register of the Puerto Rico Police, authorized by §§ 1725 et seq. of Title 34, or in the Criminal Justice Information System created by §§ 531 et seq. of Title 4, as convicted of any violent sex crime or child abuse. It shall furthermore be required to request and obtain a certificate from the Puerto Rico Police or from the Criminal Justice Information System indicating that the person has not been convicted of any of the following felonies committed during the effective term of the Puerto Rico Penal Code of 1974, as amended: (1) Murder, in any of its degrees or modalities. (2) Homicide, in any of its degrees or modalities. (3) Incitement to suicide. (4) Aggravated assault, in any of its degrees or modalities. (5) Mutilation. (6) Throwing acid [on] to a person. (7) Rape, in any of its modalities. (8) Seduction. (9) Sodomy. (10) Bestiality. (11) Indecent exposure. (12) Obscene propositions. (13) Procurement, roguery, or carnal commerce. (14) Incest. (15) Restriction of liberty, in any of its degrees or modalities. (16) Kidnapping, in any of its modalities. (17) Abandonment of a minor. (18) Child abduction. (19) Illegal deprivation of custody. (20) Adoption in exchange for payment. (21) Perversion of a minor. (22) Public mendicancy by a minor. (23) Theft. (24) Extortion. (25) Abuse against minors or disabled persons. (26) Imposture. (27) Arson, in any of its degrees or modalities. (28) Devastation. (29) Conversion, fraud or misappropriation of public funds, to also include those cases in which the person has plead guilty in a Commonwealth or federal forum or in any other jurisdiction of the United States of America. Nor any of the following crimes committed after the effective date of the new Penal Code of the Commonwealth of Puerto Rico of 2004: (1) Murder, in any of its degrees or modalities. (2) Incitement to suicide. (3) Aggravated assault, in any of its modalities. (4) Negligent injury. (5) Sexual aggression. (6) Bestiality. (7) Indecent exposure. (8) Obscene propositions. (9) Procurement, roguery or carnal commerce. (10) Production of child pornography. (11) Possession and distribution of child pornography. (12) Use of a minor for purposes of child pornography. (13) Restriction of liberty, in any of its modalities. (14) Kidnapping, in any of its modalities. (15) Abandonment of minors. (16) Child abduction. (17) Illegal deprivation of custody. (18) Adoption in exchange for payment. (19) Perversion of minors. (20 Theft, in any of its modalities. (21) Illegal identity theft. (22) Arson, in any of its modalities. (23) Devastation. Nor for violation of the Controlled Substances Act, as amended, with the exception of § 2404 of Title 24 in all its modalities. (b) The certification required in subsection (a) of this section shall be issued by the Puerto Rico Police. The Police Superintendent shall adopt and promulgate the regulations needed to enforce the provisions of this chapter related to the application and issue of said certification. The aforementioned regulations may require that the applicant fill out a form with detailed information of his/her person, and submit the latter as well as a photograph of him/herself and a sample of fingerprints to the Puerto Rico Police. The Superintendent may retain said forms, photographs and samples and use them for investigative purposes.
47		8 Laws P.R. Ann. § 483. Prohibitions-- Entities providers of care service.	(a) No entity that provides care services may contract, employ, or use in any capacity, through remuneration or for free, any provider of such services unless he or she has previously presented in a certification indicating that he or she is not registered in the Registry of persons convicted of sex crimes and child abuse created by Act No. 28 of July 1, 1997, or in the Criminal Justice Information System created by §§ 531 et seq. of Title 4, as convicted of any violent sex crime or child abuse, or any of the crimes previously listed in § 482 of this title. (b) Any entity that provides care services shall keep the necessary records to verify that said entity is in compliance with the provisions of this section. The absence or non-existence of such records or any deficiency therein shall constitute prima facie evidence that said entity has failed to comply with this requirement, and shall constitute, besides the crime typified in § 485 of this title, an administrative fault consisting of the failure to comply with the necessary administrative regulations for the operation of said entity. (c) The Department of Health and the Department of the Family shall incorporate the verification of compliance with the provisions of this section in their respective regulations related to the certification, authorization, or issue of licenses or operating permits for entities that provide care services. (d) The determination of the Department of Health or the Department of the Family through an administrative process carried out according to the provisions of §§ 2101 et seq. of Title 3, known as the "Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico," that any entity that provides care services under its supervision and regulations has incurred the administrative fault described in subsection (b) of this section, shall be sufficient cause, on the first occasion, for the suspension of the certification, authorization, license, or operating permit of said entity; on a second or subsequent occasion, said determination shall be cause enough for the revocation of the certification, authorization, license, or operating permit of said entity.
48		8 Laws P.R. Ann. § 484. Qualified immunity.	Any person in charge of carrying out the purposes and duties imposed by this chapter shall be exempted and shall have immunity against civil liability when acting in good faith in the fulfillment of his or her duties.
49		8 Laws P.R. Ann. § 485. Penalty.	Any person who violates the provisions of this chapter shall incur a misdemeanor.
50		8 Laws P.R. Ann. § 486. Powers of regulation.	All departments, bodies, agencies, and instrumentalities of Government of the Commonwealth of Puerto Rico are hereby expressly authorized to establish the necessary regulations for the implementation of this chapter.
51		8 Laws P.R. Ann. § 487. Circulation and publication.	The Puerto Rico Police, the Justice Department, the Department of Health, and the Department of the Family shall have the obligation of publishing the contents of the provisions of this chapter in the public media they deem proper.
52		8 Laws P.R. Ann. § 711. Definitions.	For the purposes of this chapter, the following terms shall have the meanings stated below: (1) Administration The Child Support Administration created by §§ 501 et seq. of this title. (2) Administrator The Administrator of the Child Support Administration. (3) Obligor Each person of legal age who composes the obligor's party. (4) Obligee Any person sixty (60) years of age or over, who is entitled to receive support from his/her adult descendants pursuant to the Civil Code of Puerto Rico. (5) Indebted obligor Any natural person who is bound by law to provide financial support to an elderly obligee, and is in arrears in the payment for an amount equal to one (1) month or more, or who has the obligation to provide a non-financial contribution and has incurred an equivalent non compliance that endangers the health, and the physical, mental, familia[l] and social well-being of the obligee. (6) Support Refers to all that is indispensable for support, housing, clothing, and medical assistance, according to the social position of the family. For the effects of this definition, the financial and non-financial contributions that comprise all that is necessary for the physical, mental, familia[l], and social welfare of the elderly obligee protected by this chapter, shall be included. (7) Non-financial contribution Refers to the care, company, and services, among others, that cannot be accounted for and are taken into account at the moment of establishing or modifying the support for the elderly. These may be included as an optional form of payment, and as part of the order for support. (8) Mediation center Forum established in the Administration to execute the mediation procedure. (9) Department The Department of the Family of the Commonwealth of Puerto Rico. (10) Debt The total amount of support for the elderly due and not paid. (11) Workday Day in which the agencies or offices of the Commonwealth of Puerto Rico are open to provide regular services. (12) Income Comprises any earning, benefit, profit, revenue or proceed derived from salaries, wages or compensation for personal services, including remuneration received for services rendered as an official or employee of the Commonwealth of Puerto Rico, of any state of the government of the United States of America, or of any agency or instrumentality of any of the abovementioned entities, in any form of payment; or of professions, trades, industries, businesses, commerce, or sales; or from property ventures, whether real or personal, that arise from the possession or use of the interest in said property; as well as those derived from interest, revenue, dividends, partnership benefits, securities, or the operation of any business operated for profit or gain; and earnings, profits, yields, funds, emoluments or compensation derived from any source, including remuneration as an independent contractor, unemployment compensation, disability compensation, retirement and pension benefits; or any other payment received by any obligor from any natural or juridical person. (13) Mediation Non-adjudicative intervention process in which a mediator helps elderly persons and their adult descendants in conflict, to reach an agreement that is mutually acceptable in terms of support. In the mediation, the parties have the power to decide whether they submit to the process or not. (14) Mediator Impartial person who explores all possible options and expedites the reaching of an agreement between the parties that is acceptable and beneficial for the elderly person and for the obligors. (15) Leveling Is the right of one or several descendants of obligors of an elderly person to request a proportional division of the liability or obligation to support be prorated among all obligors according to their means. (16) Order of support for the elderly Any agreement, determination, resolution, order, mandate or judgment to fix, modify or execute the payment of support issued pursuant to the regulations or through the administrative mediation procedure established pursuant to this chapter or by a competent court. (17) Legal obligor Person or persons who, pursuant to law, is/are bound to provide support for the elderly. For the purposes of this definition, obligor is understood to be: an adult descendant, adult obligor, descendant obligors, and descendant. (18) Support contribution Financial or non-financial contribution of the adult obligors for the support of elderly persons. (19) Elderly person Any person sixty (60) years of age or over. (20) Deputy advocate Attorney appointed pursuant to the provisions of this chapter, to represent the Support for the Elderly Program in the rendering of the elderly support services under this chapter. (21) Program The Support [for] the Elderly Program (22) Secretary Means the Secretary of the Department of the Family of the Commonwealth of Puerto Rico. (23) Deputy Administrator of the Support for the Elderly Program Person appointed by the Administrator, with the consent of the Secretary, who is in charge of directing the Support for the Elderly Program. (24) Support Financial and non-financial contributions that comprise everything that is needed for the physical, mental, domestic and social well-being of the elderly. (25) Court Any of the sections of the Court of First Instance of the Commonwealth of Puerto Rico.
53		8 Laws P.R. Ann. § 712. Duties of the descendants and their limitations.	(a) It is the obligation of the descendants of elderly persons to contribute to their sustenance. Those descendants of elderly persons who are responsible for their support, in those cases where the administrative mediation procedure has not been effective, the court shall order them to provide a monetary contribution or as an alternative, to make a fair and reasonable non-financial contribution to their support pursuant to this chapter. The duty to support elderly persons continues even when the elderly person has been placed by court order in a care facility or in the custody of another person, or a public or private agency or institution. (b) In order to make the obligation of providing support to an elderly person effective, or to equate said obligation, it is necessary to file a petition for support whether by the obligee him/herself, or through his/her legal representative, or a police officer, a public or private agency or instrumentality, a guardian, a public official, or any private person concerned for the support of said person. Any of the above may file a petition for support before the Program, or before the court, or present a request for services to the Program pursuant to the provisions of § 722 of this title. (c) An adult obligor who is already providing support to an elderly relative may file a petition before the court to direct other obligors to provide support to the obligee. In these cases, leveling shall be used as a means to equitably distribute the obligation to support between all the obligors. (d) In order to determine a "fair and reasonable" contribution and to equitably distribute the obligation of providing support to an elderly person, the needs of the obligee and the capacity of the obligor party to provide the support shall be taken into consideration. In addition to the financial capacity of the obligor, consideration shall also be given to other non-monetary factors such as the company, care, and services, among others, rendered by the descendants to the elderly, which are needed to be provided or should be provided by their obligor descendants. (e) When determining a fair and reasonable contribution by request of the obligor, consideration shall be given to the prudence and reasonableness with which the obligor has handled his/her financial affairs during a period of not more than thirty-six (36) months, counting retroactively from the date the request for services was made by, or on behalf of the elderly obligee. In accordance with the procedures established by this chapter, the Program or competent court shall take this aspect into consideration when determining the amount, if any, of the support for the receiver thereof. (f) This legislation is addressed to guarantee the physical and emotional integrity of the elderly persons through the support of their descendant family. In order to achieve this end, certain obligations are imposed on the adult descendants of the elderly persons. The following factors shall be considered when fixing, modifying, leveling, or rendering ineffective the obligation of providing support to elderly persons: (1) The financial resources of the obligee and of the obligors; (2) the health and physical, mental, and emotional needs of the obligee; (3) the standard of living of the obligor; (4) the tax liability for each member of the obligors party, when practical and pertinent; (5) the non-pecuniary contributions of each obligor party in the care and welfare of the obligee; (6) other obligations for the support of the obligor(s); (7) health condition[s] or mental or physical disabilities of the obligors, that prevents them from making financial contributions. Notwithstanding the above, in those cases that it is shown that the obligor cannot provide financial assistance to the obligee, he/she may be directed, as an optional form of payment, to make non-financial contributions, such as performing household duties, purchasing of personal care articles for the obligee, accompanying the obligee to attend to personal matters, health needs, among others, taking into consideration the circumstances of the case, or (8) evidence that the obligor, against whom support is claimed, was a victim of abandonment, physical, emotional, or sexual abuse by the obligee, or that the obligee failed to comply with his/her obligation to provide support, properly required through an order issued by a court of jurisdiction to his/her descendants when they were minors.
54		8 Laws P.R. Ann. § 713. Support for the Elderly Program-- Creation.	The [Support for the Elderly Program] is hereby created, attached to the Administration as a separate operational and programmatic component, under the coordination, supervision, evaluation and inspection of the Administrator. The Program shall be governed by the personnel systems, regulations, norms and procedures that govern the Child Support Administration. The Program shall establish and administer its accounting systems, accounts management, purchases and supplies, administration of files and records, and any other administrative and operational support system, pursuant to the regulations, norms and procedures approved by the Secretary. In addition, it shall establish a system for the handling, reproduction, conservation, and disposal of documents subject to the provisions of §§ 1001 et seq. of Title 3. The Program, in the performance of the duties conferred by this chapter, shall be exempted from the payment of all classes of fees, duties, taxes, license fees and excise taxes, whether state or municipal, as well as income taxes. The Program shall be empowered to have the checks, files, registers, and documents copied, photocopied, digitalized, microfilmed or kept as facsimiles or digital or similar characters, in full or reduced size. The originals may be disposed of. Copies stamped or certified by an authorized official of the Program shall be equally valid as evidence as the originals. The copies shall constitute proof of authenticity thereof for any legal purpose in administrative and judicial proceedings and in private transactions. The Administrator, with the approval of the Secretary, shall establish the systems that may be needed for their proper functioning and operation. By delegation of the Secretary, he/she shall appoint whatever personnel is deemed necessary and shall perform the administrative and managerial actions needed for the best compliance of the purposes of this chapter, as well as of any other local and federal statutes, and also of the regulations promulgated by the Secretary and adopted by virtue of this chapter, taking into consideration that said regulations must be promulgated pursuant to the Handbooks of Norms and Procedures of Conflict Mediation Centers of the Judicial Branch, duly approved by the Supreme Court of Puerto Rico and in agreement with §§ 532--532e of Title 4, and the Regulations of Alternative Methods for the Solution of Conflicts duly approved by the Supreme Court of Puerto Rico. The Administrator is hereby authorized, in the performance of his/her functions, to delegate the powers and functions imposed on him/her by this chapter, except the power to regulate and appoint personnel. The Program, in its initial phase, shall commence its functions at central level, taking into consideration the budget appropriation of the Program and given the fact that already existing resources in the Child Support Administration cannot be used. Depending on the execution and demand of the Program, it may be extended to other local and regional offices of the Administration.
55		8 Laws P.R. Ann. § 715. Special fund.	A special fund is hereby created under the Administrator's administration, which shall be known as: "Special Fund for Services and Representation of Support for the Elderly Cases." The funds that the Program receives for services rendered, donations, incentives, income, fines, charges, interest, penalties, expenses, costs, fees, or appropriations to carry out the objectives of this chapter and other funds originating from any other item authorized in this chapter, shall be accounted for in the books of the Secretary of the Treasury, separate from any other funds received by the Department in order to expedite their identification, administration and use by the Program. The Administrator shall use the resources of this special fund for the purposes and ends authorized in this chapter, subject to applicable conditions and restrictions, including the payment of necessary expenses in the rendering of elderly support services to the persons who thus request them. Said funds shall be accounted for without a specific fiscal year and shall be governed pursuant to the norms and regulations adopted by the Secretary in harmony with the provisions in effect for the administration of similar funds.
56		8 Laws P.R. Ann. § 716. Functions of the Secretary.	The Secretary is the official responsible for the faithful compliance of the public policy set forth in this chapter to handle in an integral and efficient manner, the matters related to the legal obligation to provide support to the elderly. The Secretary shall have the following powers and functions: (a) Advise the Governor of the Commonwealth of Puerto Rico and make the corresponding recommendations to the Legislature in the drafting of the public policy related to the responsibility of the support of elderly persons. (b) Supervise, evaluate, audit, and oversee the implementation of the public policy set forth in this chapter. (c) Approve the internal organization of the Program. (d) Approve the personnel system and the administrative and operational support systems of the Program. (e) Establish the norms, criteria and mechanisms to coordinate the administrative and operational functions of the Program with those of the other components of the Department. (f) Provide for the organization of the rendering of the services of the Program at different levels in coordination with the other components of the Department. (g) Supervise, evaluate and audit the functioning and the operations of the Program. (h) Require all those reports that are deemed pertinent to comply with his/her responsibilities. (i) Perform any other acts that are necessary and convenient to achieve the purposes of this chapter.
57		8 Laws P.R. Ann. § 717. Administrator-- Faculties and powers.	(1) The Administrator shall have the responsibilities, faculties and powers that are necessary and convenient to execute the provisions of this chapter, including, without it being construed as a limitation, the following: (a) Perform all necessary administrative and judicial efforts and actions to ensure compliance with the purposes of this chapter. (b) Enter into agreements and administratively coordinate with the pertinent government agencies, departments or bodies, and the Judicial Branch, as well as with other public or private institutions, the adoption of measures addressed to achieve compliance of the public policy established in this chapter, as well as its purposes and objectives. (c) Identify and locate adult descendants or any other persons who are legally bound to provide support to the elderly in all cases that it is necessary, or when requested to do so in order to comply with the purposes of this chapter, pursuant to the provisions of § 735a of this title. (d) Render the services for the support of the elderly authorized by this chapter to any private person who requests the same in judicial and administrative actions to establish, fix, level, modify and enforce compliance of the obligation to provide elderly support of any person so bound by law. It is specifically included in this category of persons, those natural or juridical persons who are in charge of the daily care of the elderly-obligee: The legal representation offered by the Administrator pursuant to the provisions of this chapter shall always be in the best interest of the elderly person. (e) Designate assistant prosecutors to represent the Program in elderly support procedures and before other agencies, government bodies and the courts of the Commonwealth of Puerto Rico. The Administrator may request to the Secretary of Justice to appoint these lawyers as special prosecutors so that, as part of their functions, they may act in procedures of a criminal nature for violations of the laws, regulations or orders administered by the Program. This power may be delegated by the Secretary of Justice on the Deputy Secretary, the assistant secretaries and on the Chief of the Investigations and Criminal Procedure Division of the Department of Justice. (f) Shall disclose the elderly support services authorized by this chapter, and the criteria, eligibility requirements and the costs thereof, if any. (g) Establish a broad and vigorous educational program to promote compliance of the moral and legal obligation of the descendants and persons responsible for providing support for the elderly; coordinate and promote that persons and educational, charitable, civic, religious, social, recreational, professional, occupational, unions, commercial, industrial and agricultural entities foster the public policy of responsibility for the support of elderly persons, and request the cooperation of all profit or non-profit public and private mass communications media to contribute to the educational process of complying with the responsibility of supporting [the] elderly, in order to achieve the strengthening of the fundamental institution of society, the family. To achieve these purposes, the Program is empowered to organize all types of activities and to use all personal, group or mass communication media including the production and placing of advertisements in radio, press, television and other communications media, including the Internet. The Program shall publish the availability of the elderly support services at least once a year, including information on costs and locations where such services may be requested. (h) Request, receive and accept funds and donations to render the services authorized by this chapter and execute contracts and any other instrument that is necessary or convenient to exercise any of his/her powers, as well as to contract the necessary technical services to conduct investigations, processing of cases and data, collecting of elderly support payments, and any other action needed to comply with the purposes of this chapter, with individuals, groups, corporations, any federal agency, the Government of the United States, the Commonwealth of Puerto Rico, its agencies or political subdivisions. (i) Perform research and studies to determine and evaluate the nature of the services to be rendered. (j) Adopt, with the approval of the Secretary, the regulations and procedures needed to execute the purposes of this chapter. The Administrator is expressly empowered to determine through regulations, those rules and norms needed to implement the administrative mediation procedure and those services for which he/she shall require the payment of a reasonable sum and the reimbursement of the expenses incurred to render services, as well as to determine who shall be required to pay for them, the criteria for it, the amount to be paid, and the method of payment. (k) Establish, with the approval of the Secretary, the internal organization of the Program and the mechanism for coordination and programmatic and operational integration needed for a comprehensive treatment of the family, pursuant to the functions and duties of the Department. (l) To initiate the corresponding legal actions to challenge transactions or obtain a remedy in the best interest of the obligee pursuant to the provisions of §§ 401 et seq. of Title 19, when there is prima facie evidence that an obligor against whom an elderly support judicial action is pending, transfers a property or income to evade the current or future payment of elderly support. (2) The Administrator or the person designated by him/her shall have authority to disclose the financial information or of another kind in public or private entities with the purpose of enforcing a support obligation for the elderly.
58		8 Laws P.R. Ann. § 719a. Deputy Administrator.	The Administrator shall designate a Deputy Administrator for the [Support for the Elderly Program] with the consent of the Secretary. The Deputy Administrator shall assist the Administrator in the performance of his/her functions regarding the Program, and his/her salary shall be paid from the budget items of the Program. Pursuant to other provisions of this chapter, the Administrator may delegate on the Deputy Administrator of the [Support for the Elderly Program] all his/her duties in order to fulfill the functions, obligations, and responsibilities of the Administrator. In the event of the absence or temporary disability of the Administrator, he/she shall substitute him/her as Acting Administrator of the [Support for the Elderly Program] and shall perform all duties in order to fulfill the functions, obligations, and responsibilities of said office as provided by this chapter. The Deputy Administrator of the [Support for the Elderly Program] shall perform as Acting Administrator exclusively in matters regarding the Program created by this chapter during his/her absence or disability, or when said office becomes vacant, until the Governor, with the advice and consent of the Senate, appoints an Administrator and the latter takes office.
59		8 Laws P.R. Ann. § 720. Deputy Advocate-- Powers.	The Deputy Advocate for the Support of the Elderly shall be appointed by the Administrator to work full-time for the term to be determined by the latter, which may be extended for following and subsequent terms according to the needs of the Program. The Deputy Advocate for the Support of the Elderly shall have the following powers and faculties, without it being understood as a limitation: (a) Take oaths and sworn statements, and order under penalty of contempt, the appearance of witnesses and the production of books, letters, documents, papers, files and all other objects that are needed for a complete understanding of the matters under investigation related to his/her jurisdiction and duties. (b) Conduct all types of pertinent and necessary investigations of the persons and entities, and of the documents related to the matters related to his/her jurisdiction and duties for which he/she shall have access to the records and files of all agencies of the Commonwealth of Puerto Rico and its municipalities. (c) Require the collaboration of government agencies and instrumentalities, and coordinate with them the furnishing of any resource or assistance deemed necessary for the effective compliance of his/her duties. (d) Inspect, obtain or use the original or copy of any income tax return pursuant to the applicable laws and regulations to fulfill the objectives of this chapter. (e) Represent the Program in all the matters authorized by this chapter in which it is a party or has an interest, and in all appeals before the Commonwealth and federal courts. The Deputy Advocate for the Support of the Elderly shall be empowered to resort to the court and request that any person who refuses to disclose the required information as provided in this section be held in civil or penal contempt of the court, as in the case of any other violation of law related to his/her functions.
60		8 Laws P.R. Ann. § 720a	[People locator service; faculty to investigate and impose penalties]
61		8 Laws P.R. Ann. § 721. Purchases and supplies.	All purchases and contract for supplies and services made by the Program shall be conducted pursuant to the regulations adopted by the Department of the Family for the acquisition of equipment, materials, and non-professional services of the Department. The Administrator shall reserve the right to acquire the formal award in a public bid based on objective and reasonable considerations other than price.
62		8 Laws P.R. Ann. § 722. Request for services.	For the purpose of rendering the services authorized by this chapter, the following shall be deemed as a request for services: (1) Any request made by an obligee, per se, through his/her legal representative, or an agent of the police, agency, or public or private agency or instrumentality, custodian, public official, or any private person interested in the support of said person. (2) The request of an obligor who is interested that other obligors be ordered to provide support to an obligee when the petitioner is providing for the support to said ascendant relative and wishes to level or distribute compliance of that obligation equitably between one or several obligors. (3) The Program, when providing the services authorized by this section, shall: (a) Establish safeguards against the unauthorized use or the disclosure of information related to the procedures of this chapter, including the following: (i) No information on the whereabouts of a party shall be disclosed to another party against whom a protection order has been issued with regard to the first party. (ii) No information on the whereabouts of a party shall be disclosed to another party if the Program has grounds to believe that revealing the same would result in physical or emotional harm to the first party. (iii) No information related to the records of a financial institution of any of the parties involved in a case shall be disclosed unless it is for the sole purpose and in the measure needed to establish, modify, or put into effect the support obligation of elderly persons of said person. The unauthorized disclosure shall be subject to civil penalties pursuant to applicable federal legislation. (iv) No information regarding income taxes shall be disclosed or used for any purpose in violation of Section 6103 of the Federal Internal Revenue Code of 1986, as amended, subject to applicable penalties. (v) No employee of the Program, or the Administration, or both, shall have access or exchange information kept by the Administration beyond what is necessary for the performance of the functions of the Program, the Administration, or both. (vi) No information shall be disclosed if it violates any other federal or Commonwealth law applicable. (b) To fix and impose administrative sanctions, including, without being construed as a limitation, the dismissal of the employee for unauthorized access or disclosure of confidential information as provided in this section. (4) When the services of a legal counsel are necessary, the Administrator shall appoint the Deputy Advocate for the [Support for the Elderly Program] as legal representative in the best interests of the elderly person. For the purposes of this section, a request shall be considered as made when officials of the Program receive the same by telephone or by visiting the local office nearest to their residence. The Administrator, with the consent of the Secretary, shall adopt regulations which regulate the mechanisms for the corroboration of requests for services made by telephone.
63		8 Laws P.R. Ann. § 735b. Administrative mediation procedure.	Every applicant for services pursuant to § 722 of this title, whether per se, through his/her legal counsel, or by a police officer, a public or private agency or instrumentality, guardian, public official or any private person concerned in sharing the obligation to support said person, may initiate the administrative mediation procedure, pursuant to the Norms and Procedures Handbook of the Conflict Mediation Centers of the Judicial Branch, duly approved by the Supreme Court of Puerto Rico pursuant to §§ 532--532e of Title 4, and the Alternate Methods for the Solution of Conflicts Regulation duly approved by the Supreme Court of Puerto Rico, and with the following: (a) Administrative mediation procedure The Administrator shall prepare and provide a form to obtain information on the financial and non-financial capacity of the obligor and the needs of the elderly persons to the parties. The form shall be completed with a certified statement of the veracity of the information furnished. The submission of the form is a voluntary act and does not exempt the parties from their continuing obligation of furnishing any other information that will allow the execution of a mediation agreement. After the form is received, it shall be referred to mediation for its resolution. Said process shall have the purpose of promoting the participation of the obligor and the obligee in the solution of their conflicts and that the parties will assume the responsibility in complying with the agreements reached. The parties have the option of deciding whether they will submit to this process or not. The Administrator shall adopt, with the consent of the Secretary, the regulations that will govern the mediation procedures pursuant to §§ 532--532e of Title 4, and the alternate methods for the solution of conflicts regulations approved on June 25, 1998, by the Supreme Court of Puerto Rico. (b) Agreements on elderly support allowances When the parties reach an agreement or a stipulation on the support allowance for the elderly, it shall be submitted for the approval of the Administrator. Once the agreement is established between the parties, it shall be deemed as final, and shall only be revised after three (3) years, unless circumstances arise that require the modification of the previous agreements. Compliance of the agreements shall be overseen through interagency coordination. Any party affected by the non-compliance of the mediation agreements may request that in the administrative mediation procedure, the appearance of the parties to seek the voluntary compliance of the agreements shall be requested without needing to resort to the judicial procedure. (c) Judicial procedure The deputy investigating official of the elderly shall be referred to represent the obligee, and present before the court a formal petition for elderly support, or of compliance with the mediation agreements pursuant to the provisions of this chapter, in the following cases: (1) When the parties do not reach an agreement; (2) when any of the parties decides whether or not to submit to the administrative mediation procedure; (3) when the mediator determines that the administrative mediation mechanism is not in order; (4) when an agreement is established for the support of an elderly person within the administrative mediation procedure and the mechanisms to achieve its voluntary compliance have been exhausted, said agreement is not complied with, or (5) when a stipulation is established between the parties and the same is not complied with. (d) Confidentiality in the administrative mediation procedures The information furnished by the participants in the mediation procedure created through this chapter shall be confidential and privileged as well as all working documents and files of the office of the mediator. Said information or documentation cannot be required in judicial or administrative procedures, nor can the mediator be required to declare on its contents or on the procedure followed before him/her. Each party to this mediation procedure shall maintain the confidentiality of the information received throughout the process. In judicial or administrative procedures, the viewpoints, suggestions or admissions made during the mediation sessions by any participant regarding possible agreements shall not be used or presented as evidence. In the event any of the parties or their attorneys wholly or partially reveal the information offered in the alternate process without a written authorization, the court may impose on them the sanctions that he/she may deem appropriate. This rule shall not apply in those cases where there is the obligation to inform [of] the existence or suspicion of mistreatment or negligence against an elderly person nor of information on the planning or intention to commit a crime that may endanger the physical integrity of third persons, the participants, or the mediator. At the beginning of the process the participants shall be advised on this matter. The sessions held in the alternate methods for the resolution of conflicts shall be private. The participation of persons alien to the controversy shall be subject to the consent of the parties and of the mediator and when no specific measure or procedure has been provided in this chapter, the Program may establish regulations to such respect. .
64		8 Laws P.R. Ann. § 735c. Mediator-- Powers and duties.	(a) The mediator shall have the power to: (1) Hold joint or separate meetings with the participants; (2) obtain the counsel of other experts regarding the technical matters of the controversy, upon his/her own initiative or at the request of any of the parties, and require the payment of such services, provided the parties are consulted prior to the contracting; (3) keep order in the mediation procedure and require the participants to comply with the rules of mediation agreed on at the beginning of the process; (4) provide for the rules of procedure that he/she deems appropriate to expedite the achievement of the objectives of the mediation, subject to the rules of procedure approved by the Administrator; (5) postpone the sessions as he/she may deem appropriate or pertinent taking into account the interests of the parties, and (6) terminate the mediation at any moment, pursuant to the criteria, conditions, and procedure[s] established in the regulations approved by the Administrator. (b) The mediator has no authority to compel the parties in controversy to reach any specific agreement. (c) The mediator shall maintain an impartial position towards all parties involved in the controversy. He/she shall help all parties equally to reach a mutually satisfactory agreement without advocating the interests of any of the parties in the process for the solution of the dispute.
65		8 Laws P.R. Ann. § 736. Forms of payment.	The payment of support for the elderly shall be made, among others, from the wages or salary; from other income, whether periodic or not, received by the obligor from other sources that are not the proceeds of his work such as revenues and interest. The non-financial contribution of the obligor may be included or imposed in the elderly support as an optional payment. The parties, or the court shall determine the manner in which the obligors shall make the payment of the financial contribution of support for the elderly. The payment may be made, without being construed as a limitation, directly to the obligee, to any other obligor, or by deposit to a bank account.
66		8 Laws P.R. Ann. § 738. Attorney's fees.	In any judicial procedure under this chapter for the fixing or modification of support for the elderly or to execute an elderly support order, the court shall impose on the obligor(s) the payment of reasonable attorney fees in behalf of the elderly-obligee, if any, when the latter prevails.
67		8 Laws P.R. Ann. § 748. Penalties; administrative fines.	Any violation of this chapter, or the regulations adopted hereunder for which no express penalty has been provided, shall constitute a misdemeanor. The court shall also retain the authority to impose civil or criminal contempt charges for noncompliance with the orders issued by the court, the Administrator or the Administrative Judge. The Administrator may impose fines up to a maximum of five thousand dollars ($5,000), compensation, interest, late charges, expenses, costs, fees, penalties, or up to three (3) months of community service for violating the provisions of this chapter, the laws administered by the Program, or the regulations or orders issued by the Administrator and civil or criminal contempt by request of the court. The money collected for the imposition of penalties or administrative fines shall be deposited in the Special Fund.
68		17 Laws P.R. Ann. § 1042. Definitions.	The following terms shall have the meaning stated below for the purposes of this chapter: (a) Developer Any natural or juridical person engaged in the construction of housing projects. (b) Elderly person Any person age sixty (60) or older. (c) Person with a disability Any person with a physical or mental disability which is a substantial limitation for him/her in one or more main activities of daily living; or a person who has a history of such disability; or a person who is considered and tended to as a person with such disability. (d) Housing Any structure destined for individual or collective housing, of which the development or construction has begun after the approval of this act.
69		17 Laws P.R. Ann. § 1043. Declaration of public policy.	The Government known [sic] and addresses the reality that the elderly and persons with disabilities face in their daily living. At the time of searching for housing that is adequate for their conditions and responds to their needs, both the elderly and the persons with disabilities meet with the total nonexistence of adequate living quarters. At present, there are not enough housing projects directed to these groups, and consequently, the Commonwealth must comply with its duty to seek the welfare of these individuals. To that effect, it is hereby proclaimed to be a compelling interest and the public policy of the Government of the Commonwealth of Puerto Rico to promote the planned development of housing facilities directed to the elderly and to persons with disabilities. The implementation of this and other related measures shall propel the Puerto Rico of today into a brighter tomorrow for the elderly and the persons with disabilities.
70		17 Laws P.R. Ann. § 1044. Housing units reserved.	In affordable housing projects approved and subsidized totally or partially by the Government of the Commonwealth of Puerto Rico, their developers shall, after the approval of this act, reserve five percent (5%) of the total housing units, in order for these to be used as residences for the elderly or for persons with disabilities who qualify to acquire the same. If at the time of completing the housing projects these units have not been sold, the developer shall be authorized to sell them to the general market. Provided, That once the housing unit has been acquired, the developer may opt to receive the benefits of an exemption from payment of income taxes and licenses and construction excise taxes additional to the regular sales price which result from expenses incurred for adapting the housing unit to accommodate the elderly or persons with disabilities, as provided through regulations.
71		17 Laws P.R. Ann. § 1045. Authorized exemptions.	The profits received by the developer of new housing projects on account of the sale of housing units to the elderly or to persons with disabilities shall be exempted from the payment of income taxes, licenses and construction excises, as well as from any other municipal tax or fee. Provided, That any claim of the exemptions authorized in this section shall be supported by attesting evidence of the sale in favor of an elderly person or a person with disabilities, as provided for such purposes by the Secretary of the Department of the Treasury.
72		17 Laws P.R. Ann. § 1046. Duties of the Secretary of Housing, Certificate of Compliance, rulemaking authority.	In the evaluation, analysis, consideration, award, renegotiation, and revision of any incentives or benefits granted under this chapter, the Department of Housing and the Secretary thereof shall be required to oversee and ensure compliance with the governing principles set forth in § 893 of this title; the pertinent provisions of §§ 1021 et seq. of this title; §§ 1471 et seq. of this title; as well as with all other provisions of this chapter and the regulations thereunder. The Secretary of the Department of Housing shall be required and responsible for preparing a Certificate of Compliance every two years, once the owners of incentivized housing projects validate, in the judgment of said official, that they have met the requirements set forth in this chapter. Every two years, the Secretary of Housing shall verify the information submitted by the owners of incentivized housing projects so that the Certificate of Compliance is issued not later than on the fifteenth (15th) day of the second (2nd) month after the close of the taxable year of the applicant. The Certificate of Compliance shall include, in turn, the following information regarding the incentivized housing project: the name of the business or company, the cadastre number of the property or properties connected to the business; the merchant registration number; the account connected to the business as required in the Puerto Rico Internal Revenue Code; the employer identification number; and the information required by §§ 1141 et seq. of Title 23, better known as the “Fiscal Information and Permit Control Act”. The Certificate of Compliance shall be issued by the Secretary of the Department of Housing through the Interagency Validation Portal for the Granting of Incentives for the Economic Development of Puerto Rico, to the agencies, public corporations, and municipalities responsible for awarding benefits or incentives under this chapter. However, during the period in which the Portal is still not operating, it shall be the duty of the Secretary to issue a Certificate of Compliance to the agencies, public corporations, and municipalities responsible for granting the benefits or incentives under this chapter following the ordinary process. The filing of the Certificate of Compliance by the owner of an incentivized housing project shall be an essential requirement for the agency, public corporation, or municipality to grant the benefit or incentive provided for in this chapter. Actions taken by the Secretary of the Department of the Treasury, the Executive Director of the Municipal Revenues Collection Center (CRIM), or any other government official or body, or public corporation concerned, in connection with the qualification process for the granting of the benefits or incentives under this chapter, shall be limited to the taxation aspects of the granting of the benefit or incentive in question, upon the issuance of a valid Certificate of Compliance, as provided in this section. The Secretary of the Department of Housing shall be responsible, first and foremost, for overseeing eligibility under any and all provisions of this chapter. However, the Secretary of the Department of the Treasury, the Executive Director of the Municipal Revenues Collection Center (CRIM), or any other government official or body, or public corporation concerned with any of the benefits or incentives granted under this chapter may contact the applicant and the Secretary should further information be needed to validate the data on the Certificate of Compliance, and shall notify and request the applicant to supply such information in order to rectify the situation. The Secretary of the Department of the Treasury or the Executive Director of the Municipal Revenues Collection Center (CRIM) may deny any tax incentives or benefits requested if, in their judgment, the information requested has not been supplied. Moreover, the provisions of this chapter shall not preclude in any manner the power conferred to the Secretary of the Treasury under § 33202 of Title 13, known as the “Puerto Rico Internal Revenue Code of 2011”; and, if necessary, the power to revoke any incentives previously granted by virtue of a Certificate of Compliance, in accordance with the corresponding act; or the power to refer the case to the pertinent agency or public corporation for the corresponding action.
73		17 Laws P.R. Ann. § 1471. Definitions.	For the purposes of this chapter, the following terms and phrases shall have the meaning stated below: (a) Elderly person Refers to every person sixty (60) years or older, who does not own a house, and whose income is within the limits to participate in the program established through regulations by the Secretary of Housing, which shall be equal to or more liberal than but never more restrictive, the limits established by the federal government. (b) Housing for the elderly. Means simple ground or multi-level row structures, destined to be used dwellings for the elderly, when they are promoted or developed by the Department of Housing or its operating bodies, or by private entities. (c) Housing unit. Means every structure that is apt for family dwelling of one or more elderly persons, which meets the building requirements of an adequate dwelling, and which shall need all the endorsements, approval and permits required by the applicable laws and regulations for its construction or refurbishing.
74		17 Laws P.R. Ann. § 1472. Exemption for the construction of rental housing.	A ninety percent (90%) exemption of the payment of income taxes, municipal licenses, construction excise taxes, and any other municipal tax or fee shall be granted to all housing construction or refurbishing projects to be rented to elderly persons, provided that: (a) The construction or refurbishing of the rental housing units begins after the effective date of this act; (b) the owner submits an itemized list of cost approved by the Secretary of Housing prior to starting the construction or refurbishing works; (c) the tenant of the housing unit is an elderly person certified as eligible on the basis of the criteria issued by the Secretary of Housing through regulations, and (d) the owner submits a certification from the Municipal Revenues Collection Center to the Secretary of the Treasury stating that upon completion of the project, the housing units did not have any tax burden or lien.
75		17 Laws P.R. Ann. § 1473. Exemptions for leasing of housing units.	The revenues received by the owner of a rental housing project for the elderly, whether newly constructed or refurbished, shall be ninety percent (90%) exempt from the payment of income taxes, license fees, real and personal property taxes and any other municipal tax or fee, provided that: (a) The construction or refurbishing of the rental housing units begins after the effective date of this act. (b) The rental fee of the rented housing units does not exceed the amount determined by the Secretary of Housing as adequate for the titleholders of the housing units to cover administration and maintenance expenses of the rented property, receive a return of his capital investment and cover any other obligations as titleholder, pursuant to the parameters established by regulations. (c) The revenue on which tax exemption is claimed are derived from the rents paid by the elderly. The tax exemption granted in this section shall be effective as long as the housing units for which the same is claimed are occupied by elderly persons for a term not to exceed twenty (20) years, as of January 1, of the year following the date of occupancy of the housing unit by an elderly person. The Secretary of Housing shall annually certify to the Secretary of the Treasury, the Municipal Revenues Collection Center and the municipalities, whether the persons dwelling in the housing units on which the tax exemptions established in this section are claimed, qualify to obtain the benefits of this chapter.
76		17 Laws P.R. Ann. § 1474. Requirements.	Every titleholder who builds or refurbishes housing units to be leased to the elderly and wishes to avail himself of the tax exemptions established in §§ 1472 and 1473 of this title shall: (a) File a tax exemption application with the Secretary of the Treasury together with the documents and information required by regulations. The Secretary of the Treasury shall act on such application within sixty (60) days from the date the same was submitted. Every owner who applies for the benefits of this chapter shall be up to date in the payment of all taxes levied by the laws of the Government of Puerto Rico, including those in which he acts as a withholding agent, and, shall likewise keep the payment of such taxes current for the term that he enjoys the benefits granted herein, and (b) keep full detailed accounting, by housing unit, of all the revenues derived from the rental of such units and the expenses incurred therefor.
77		17 Laws P.R. Ann. § 1475. Duties of the Secretary of the Department of Housing, Certificate of Compliance, rulemaking authority	In the evaluation, analysis, consideration, award, renegotiation, and revision of any incentives or benefits granted under this chapter, the Department of Housing and Secretary thereof shall be required to oversee and ensure compliance with the governing principles set forth in § 1470 of this title, as well as with all other provisions of this chapter. The Secretary of Housing shall be responsible for verifying and ensuring that incentivized rental housing projects and the owners thereof meet the requirements established in this chapter, particularly those set forth in § 1470 of this title. If the owner of an incentivized rental housing project fails to meet one or more of the requirements established in § 1470 of this title due to criteria such as quality, quantity, price, or availability in Puerto Rico, among other criteria that, in the judgment of the Secretary of Housing, hinder, impair, or prevent the successful operation of the rental housing project within reasonable parameters, the Secretary of Housing may issue a certificate attesting to such fact, exempting the owner of the rental housing project, in whole or in part, from meeting the requirement in question. If the owner of the rental housing project fails to fully meet the requirements of § 1470 of this title, and fails to qualify for any of the exceptions to such provision, the Secretary of the Department of Housing shall be responsible for establishing a formula that allows for the quantification of the factors set forth in said section, and for the subtraction of the requirement that has not been met from the total percentage of the specific benefit or incentive granted by this chapter, in order to obtain the exact percentage of the benefit or incentive in question. The Secretary of Housing shall be required and responsible for preparing a Certificate of Compliance every two years, once the owners of the incentivized rental housing projects validate, in the judgment of said official, that they have met the requirements set forth in § 1470 of this title, as well as complied with all other provisions of this chapter. Every two years, the Secretary of Housing shall verify the information submitted by the owners of incentivized rental housing projects so that the Certificate of Compliance is issued not later than on the fifteenth (15th) day of the second (2nd) month after the close of the taxable year of the applicant. The Certificate of Compliance shall include, in turn, the following information regarding the owner of the incentivized housing project: the name of the business or company, the cadastre number of the property or properties connected to the business; the merchant registration number; the account connected to the business as required in the Puerto Rico Internal Revenue Code; the employer identification number; and the information required by §§ 1141 et seq. of Title 23, better known as the “Fiscal Information and Permit Control Act”. The Certificate of Compliance shall be issued by the Secretary of Housing through the Interagency Validation Portal for the Granting of Incentives for the Economic Development of Puerto Rico to the agencies, public corporations, and municipalities responsible for awarding benefits or incentives under this chapter. However, during the period in which the Portal is still not operating, it shall be the duty of the Secretary of Housing to issue a Certificate of Compliance to the agencies, public corporations, and municipalities responsible for granting the benefits or incentives under this chapter following the ordinary procedure. The filing of the Certificate of Compliance by an incentivized rental housing project shall be an essential requirement for the agency, public corporation, or municipality to grant the benefit or incentive provided for in this chapter. Actions taken by the Secretary of the Department of the Treasury, the Executive Director of the Municipal Revenues Collection Center (CRIM), or any other government official or body, or public corporation concerned, in connection with the qualification process for the granting of the benefits or incentives under this chapter shall be limited to the taxation aspects of the granting of the benefit or incentive in question, upon the issuance of a valid Certificate of Compliance, as provided in this section. The Secretary of Housing shall be responsible, first and foremost, for overseeing eligibility under any and all provisions of this chapter. However, the Secretary of the Department of the Treasury, the Executive Director of the Municipal Revenues Collection Center (CRIM), or any other government official or body, or public corporation concerned with any of the benefits or incentives granted under this chapter may contact the applicant and the Secretary of the Department of Housing should further information be needed to validate the data on the Certificate of Compliance, and shall notify and request the applicant to supply such information in order to rectify the situation. The Secretary of the Department of the Treasury or the Executive Director of the Municipal Revenues Collection Center (CRIM) may deny any tax incentives or benefits requested if, in their judgment, the information requested has not been supplied. Moreover, the provisions of this chapter shall not preclude in any manner the power conferred to the Secretary of the Treasury under § 33202 of Title 13, known as the “Puerto Rico Internal Revenue Code of 2011”; and, if necessary, the power to revoke any incentives previously granted by virtue of a Certificate of Compliance, in accordance with the corresponding act; or the power to refer the case to the pertinent agency or public corporation for the corresponding action. The Secretary of Housing, in consultation with the Secretary of the Treasury, shall prescribe rules and regulations as are necessary to adopt this chapter. Said rules and regulations shall establish the criteria, procedures, and documents which shall be required to determine whether an owner qualifies to avail himself of the provisions of this chapter, and the review or reconsideration process in case such owner is denied said tax exemptions. Regulations thus adopted shall establish specific criteria to give priority in the Program created herein to the elderly who have a disability whether physical or otherwise.
78		17 Laws P.R. Ann. § 1481. Definitions.	For purposes of this chapter, the definitions set forth herein shall have the following meanings: (a) Activities of daily living Everyday tasks that include personal hygiene, bodily hygiene, sanitary needs, the acts of dressing and bathing, feeding, walking and all other related tasks within the personal care needs that are within the proposed scope of this chapter. (b) Incidental activities of daily living Includes tasks such as cooking, laundry, domestic chores, shopping for groceries and other items, use of transportation, assistance in the management of finances if so requested by the resident, assistance for the use of essential services, and other related tasks within the proposed scope of this chapter. (c) Alterations Any of the following changes performed after the date of the last certification of the housing complex: (1) Any change in the number of residential units; (2) any substantial change in the configuration of residential units; (3) any substantial change in any previously stipulated premise contained in the contract agreement, or (4) any significant change in the operations plan of the project. (d) Certification Process through which any natural or juridical person seeking to operate a housing project within the conceptual framework of assisted living complies with the requirements set forth by means of this chapter, obtaining the certification of the Department of Housing. (e) Residency agreement Legal document in which an agreement is established between the duly certified model assisted living project and the elderly person that wishes to live in said project, in which all the rights and responsibilities of both the resident and the developer are clearly described, including all the plans and requirements set forth in this chapter. (f) Services coordinator Natural or juridical person responsible for the preparation, assistance, revision and periodic supervision of the residents services plan. (g) Department The Department of Housing of the Commonwealth of Puerto Rico. (h) Therapeutic diet Meal plan that has been prescribed or ordered by the primary physician or nutritionist of the resident. (i) Entity Any profit or non profit organization or corporation duly authorized pursuant to §§ 2601 et seq. of Title 14, known as the "Corporations Act of the Commonwealth of Puerto Rico". (j) Commonwealth of Puerto Rico All agencies, instrumentalities and other subdivisions, as well as all public corporations and each of the municipalities of Puerto Rico. (k) Bathroom facilities Room equipped with a shower and/or bathtub, lavatory and a toilet in which a person may shower or bathe and perform hygienic activities. (l) Kitchen facilities Room with at least one refrigerator, one lavatory [sic] and one stove. (m) Room Space provided to a resident based on a single or double housing unit. (n) Modification of certification Any action taken by the Department of Housing of the Commonwealth of Puerto Rico due to any in the operations plan or any alteration of a project within the conceptual framework of assisted living. (o) Housing project Residential unit established pursuant to this chapter. (p) Model project Residential unit established within the conceptual framework of assisted living, pursuant to this chapter, in which the government shall evaluate the implementation of this chapter in said project and shall then evaluate the results and make provisions to extend same to other areas and maintain said concept in a permanent manner. (q) Person Any natural or juridical person. (r) Elderly person Any natural person sixty (60) years old or more, who meets the qualification criteria pursuant to this chapter that are consistent with the concept of assisted living. When due to medical necessity and in the best interest of the person's safety, said person requires personal or medical care different from that set forth in this chapter, said person shall not be pursuant [sic] to the provisions of this chapter, and therefore, the residence cannot give lodging to said person pursuant to this chapter. The administrators shall make this determination in those cases in which the safety, welfare, or comfort of the person may be affected adversely by the fact that their specific needs cannot be adequately met, nor can the limitations they suffer be dealt with thoroughly, given that they are not within the conceptual framework of assisted living. Said determination shall be in agreement with the guiding criteria prepared by means of regulation to be set forth by the Office for such purposes. (s) Office The Office of the Advocate for the Elderly, Office of the Governor. (t) Medication monitoring plan A program for reminding the residents to take their scheduled medication. For the purposes of this plan, residents shall be reminded to take their medication as scheduled, which includes opening the container, reading the labels, observing and documenting the residents while they take their medication, and verification of the dose that the resident shall self-administer against the instructions on medication labels. The service coordinator or the person designated by same shall make sure that said resident has obtained and taken the dose as prescribed and shall keep a written record indicating the actions of the resident concerning said medication. (u) Ombudsman The Ombudsman for Aged Persons Residing in Long-Term Care Establishments, created by Act No. 308 of October 3, 1999. (v) Sponsor Person or legal entity named on the certification of an assisted living residence, or the person named in the application for renewal of certification of a previously certified residence. (w) Legal representative A tutor, guardian or representative of an elderly person, duly authorized by a court with jurisdiction, or by means of a duly granted power of attorney, when legally appropriate. (x) Residence Entity that provides room and board and administers personal care services for the elderly who require assistance with their activities of daily living. This shall include any non profit entity that provides daily living assistance to three (3) or more elderly persons who have neither consanguinity nor affinity with the persons that manage said entity. For purposes of this chapter, the residence shall have not less than five (5) residential units and shall display the certification for the operation of said residence issued by the Department of Housing in a location that is visible to all visitors and residents. Excluded from the foregoing definition are long term care centers that provide rehabilitation, convalescence or nursing services to individuals; hospices that render services to terminal patients and all centers that render services to elderly persons with substantial cognitive, physical limitations, or limitations of any other nature which greatly limits their self sufficiency, or any establishment pursuant to §§ 351 et seq. of Title 8, known as the "Establishments for the Aged Act". The determination of which type of resident is pursuant to the preceding definition shall be made by the Office of the Advocate for the Elderly. For said purpose, the Office shall seek advice from an interdisciplinary team of experts in the care of elderly persons to establish the guidelines for making the corresponding determination. The residences shall follow said guiding criteria and guidelines set forth by the Office for the determination of whether or not a patient is protected by this chapter at all times. Said determination shall be the object of a review during the periodic visits of the Office and in the process of certification of the residence pursuant to this chapter. The residence shall not combine the structural and conceptual framework of assisted living with any other organizational arrangements that include elderly care establishments. (y) Resident Elderly person that lives in a residence within the conceptual framework of assisted living and who receives individualized services within a program designed individually by means of a residency agreement who does not require continuous or supervised medical care. (z) Serious risk Any situation in which one or more residents of a residence established within the conceptual framework of assisted living is in imminent danger of death or exposed to immediate and serious emotional or physical harm resulting from any act or omission by the Sponsor or persons pursuant to the supervision of the Sponsor of said entity. (aa) Secretary Secretary of the Department of Housing of the Commonwealth of Puerto Rico. (bb) Unit Section within the conceptual framework of assisted living residence that is designed to be occupied according to the residency agreement by one (1) or two (2) persons as their private room, with a door with an external lock, a bathroom, and a small kitchen (kitchenette). Nevertheless, the Department of Housing is hereby empowered to vary the design of the kitchenette as long as each resident has direct access to kitchen facilities. (cc) Assisted living The concept of assistance created in housing projects in which any entity shall comply with the following requirements: (1) to provide spacious rooms; and (2) to provide separate personal care for three (3) or more elderly persons that are not related within the fourth degree of consanguinity or second of affinity to the provider of said services, either directly through the employees of said entity or by means of agreements with other personal care organizations; and (3) to be able to accept payment or reimbursements from third parties in behalf of or from the residents, as payment or installments toward the lease rent rate set forth by means of the residency agreement.
79		17 Laws P.R. Ann. § 1481. Definitions	For purposes of this chapter, the definitions set forth herein shall have the following meanings: (a) Activities of daily living. — Everyday tasks that include personal hygiene, bodily hygiene, sanitary needs, the acts of dressing and bathing, feeding, walking and all other related tasks within the personal care needs that are within the proposed scope of this chapter. (b) Incidental activities of daily living. — Includes tasks such as cooking, laundry, domestic chores, shopping for groceries and other items, use of transportation, assistance in the management of finances if so requested by the resident, assistance for the use of essential services, and other related tasks within the proposed scope of this chapter. (c) Alterations. — Any of the following changes performed after the date of the last certification of the housing complex: (1) Any change in the number of residential units; (2) any substantial change in the configuration of residential units; (3) any substantial change in any previously stipulated premise contained in the contract agreement, or (4) any significant change in the operations plan of the project. (d) Certification. — Process through which any natural or juridical person seeking to operate a housing project within the conceptual framework of assisted living complies with the requirements set forth by means of this chapter, obtaining the certification of the Department of Housing. (e) Residency agreement. — Legal document in which an agreement is established between the duly certified model assisted living project and the elderly person that wishes to live in said project, in which all the rights and responsibilities of both the resident and the developer are clearly described, including all the plans and requirements set forth in this chapter. (f) Services coordinator. — Natural or juridical person responsible for the preparation, assistance, revision and periodic supervision of the residents services plan. (g) Department. — The Department of Housing of the Commonwealth of Puerto Rico. (h) Therapeutic diet. — Meal plan that has been prescribed or ordered by the primary physician or nutritionist of the resident. (i) Entity. — Any profit or non profit organization or corporation duly authorized pursuant to Act No. 144 of August 10, 1995, known as the “Corporations Act of the Commonwealth of Puerto Rico”. (j) Commonwealth of Puerto Rico. — All agencies, instrumentalities and other subdivisions, as well as all public corporations and each of the municipalities of Puerto Rico. (k) Bathroom facilities. — Room equipped with a shower and/or bathtub, lavatory and a toilet in which a person may shower or bathe and perform hygienic activities. (l) Kitchen facilities. — Room with at least one refrigerator, one lavatory [sic] and one stove. (m) Room. — Space provided to a resident based on a single or double housing unit. (n) Modification of certification. — Any action taken by the Department of Housing of the Commonwealth of Puerto Rico due to any in the operations plan or any alteration of a project within the conceptual framework of assisted living. (o) Housing project. — Residential unit established pursuant to this chapter. (p) Model project. — Residential unit established within the conceptual framework of assisted living, pursuant to this chapter, in which the government shall evaluate the implementation of this chapter in said project and shall then evaluate the results and make provisions to extend same to other areas and maintain said concept in a permanent manner. (q) Person. — Any natural or juridical person. (r) Elderly person. — Any natural person sixty (60) years old or more, who meets the qualification criteria pursuant to this chapter that are consistent with the concept of assisted living. When due to medical necessity and in the best interest of the person’s safety, said person requires personal or medical care different from that set forth in this chapter, said person shall not be pursuant [sic] to the provisions of this chapter, and therefore, the residence cannot give lodging to said person pursuant to this chapter. The administrators shall make this determination in those cases in which the safety, welfare, or comfort of the person may be affected adversely by the fact that their specific needs cannot be adequately met, nor can the limitations they suffer be dealt with thoroughly, given that they are not within the conceptual framework of assisted living. Said determination shall be in agreement with the guiding criteria prepared by means of regulation to be set forth by the Office for such purposes. (s) Office. — The Office of the Advocate for the Elderly, Office of the Governor. (t) Medication monitoring plan. — A program for reminding the residents to take their scheduled medication. For the purposes of this plan, residents shall be reminded to take their medication as scheduled, which includes opening the container, reading the labels, observing and documenting the residents while they take their medication, and verification of the dose that the resident shall self-administer against the instructions on medication labels. The service coordinator or the person designated by same shall make sure that said resident has obtained and taken the dose as prescribed and shall keep a written record indicating the actions of the resident concerning said medication. (u) Ombudsman. — The Ombudsman for Aged Persons Residing in Long-Term Care Establishments, created by Act No. 308 of October 3, 1999. (v) Sponsor. — Person or legal entity named on the certification of an assisted living residence, or the person named in the application for renewal of certification of a previously certified residence. (w) Legal representative. — A tutor, guardian or representative of an elderly person, duly authorized by a court with jurisdiction, or by means of a duly granted power of attorney, when legally appropriate. (x) Residence. — Entity that provides room and board and administers personal care services for the elderly who require assistance with their activities of daily living. This shall include any non profit entity that provides daily living assistance to three (3) or more elderly persons who have neither consanguinity nor affinity with the persons that manage said entity. For purposes of this chapter, the residence shall have not less than five (5) residential units and shall display the certification for the operation of said residence issued by the Department of Housing in a location that is visible to all visitors and residents. Excluded from the foregoing definition are long term care centers that provide rehabilitation, convalescence or nursing services to individuals; hospices that render services to terminal patients and all centers that render services to elderly persons with substantial cognitive, physical limitations, or limitations of any other nature which greatly limits their self sufficiency, or any establishment pursuant to §§ 351 et seq. of Title 8, known as the “Establishments for the Aged Act”. The determination of which type of resident is pursuant to the preceding definition shall be made by the Office of the Advocate for the Elderly. For said purpose, the Office shall seek advice from an interdisciplinary team of experts in the care of elderly persons to establish the guidelines for making the corresponding determination. The residences shall follow said guiding criteria and guidelines set forth by the Office for the determination of whether or not a patient is protected by this chapter at all times. Said determination shall be the object of a review during the periodic visits of the Office and in the process of certification of the residence pursuant to this chapter. The residence shall not combine the structural and conceptual framework of assisted living with any other organizational arrangements that include elderly care establishments. (y) Resident. — Elderly person that lives in a residence within the conceptual framework of assisted living and who receives individualized services within a program designed individually by means of a residency agreement who does not require continuous or supervised medical care. (z) Serious risk. — Any situation in which one or more residents of a residence established within the conceptual framework of assisted living is in imminent danger of death or exposed to immediate and serious emotional or physical harm resulting from any act or omission by the Sponsor or persons pursuant to the supervision of the Sponsor of said entity. (aa) Secretary. — Secretary of the Department of Housing of the Commonwealth of Puerto Rico. (bb) Unit. — Section within the conceptual framework of assisted living residence that is designed to be occupied according to the residency agreement by one (1) or two (2) persons as their private room, with a door with an external lock, a bathroom, and a small kitchen (kitchenette). Nevertheless, the Department of Housing is hereby empowered to vary the design of the kitchenette as long as each resident has direct access to kitchen facilities. (cc) Assisted living. — The concept of assistance created in housing projects in which any entity shall comply with the following requirements: (1) to provide spacious rooms; and (2) to provide separate personal care for three (3) or more elderly persons that are not related within the fourth degree of consanguinity or second of affinity to the provider of said services, either directly through the employees of said entity or by means of agreements with other personal care organizations; and (3) to be able to accept payment or reimbursements from third parties in behalf of or from the residents, as payment or installments toward the lease rent rate set forth by means of the residency agreement.
80		17 Laws P.R. Ann. § 1481a. Construction.	This chapter shall be interpreted in favor of the elderly person in such a manner that the guarantees and rights provided in the Bill of Rights of Elderly Persons [sic]. This chapter shall be interpreted liberally regarding all matters leaning toward respect toward the individuality and autonomy of elderly persons.
81		17 Laws P.R. Ann. § 1481b. Certification.	(a) Any entity seeking to operate a housing project within the concept of assisted living shall submit an application for certification to the Department of Housing along with an internal revenue stamp in the amount of one hundred dollars ($100) to defray expenses for the processing of same. No person or entity shall establish, maintain, or alter any housing project within the conceptual framework of assisted living without first obtaining a certification from the Department of Housing for a term of two (2) years. The certification must be renewed within not less than thirty (30) days prior to the expiration of the term of the original certification. If any person or entity wishes to promote any project within the conceptual framework adopted pursuant to this chapter, and a certification for the operation of said project has not been issued, the Sponsor or the applicant shall notify the Department of Housing in writing of his/her intention to request said certification, and indicate in the advertising or promotional materials that the sponsored project has not completed the certification project of said Department. (b) The certification request shall also include as minimum requirements, subject to any other additional requirement of the Department of Housing, the following: (1) The names and personal information of all the members, partners, officials, directors and public employees that manage, own and operate the residence. (2) A statement sworn before a notary public duly authorized to practice the profession in the Commonwealth of Puerto Rico, stating that none of the persons employed in the establishment have been connected with any breach against any federal or state law or regulation on the protection of elderly persons. The aforementioned statement shall also state that if same has operated any establishment for the elderly previously, no legal or regulatory rule was breached in regard to the licensing and supervision of such establishments. (3) An operations plan including the following information: (A) The number of units and residents per unit that the residence shall have and for which the certification is being requested; (B) the location of the units, common areas and exits per floor; (C) the organizational structure of services, meals and lodgings; (D) the characteristics and types of services, activities and security to be offered, the arrangements made to provide same, including agreements or contracts with third parties and the arrangements made with hospital and care institutions; (E) the design of the medication monitoring plan for the residents and the plan for immediate assistance to the residents in response to emergency situations; (F) the number of employees to be contracted for the operation of the residence and their duties and schooling; (G) a copy of the residency agreement that shall be used in the residence; (H) a copy of all construction certifications, municipal licenses and permits required by the Commonwealth of Puerto Rico and its instrumentalities for the operation of said residence in which the applicant or sponsor shall be responsible for the costs incurred as a result of such requirements, and (I) the notification procedures for residents or their legal representation when there is any change in the residency agreement. (c) The Department of Housing shall determine by means of regulation any additional information or procedure necessary for the certification of the housing project developed pursuant to this chapter. (d) The renewal and maintenance of the certification of all projects within the conceptual framework of assisted living may be subject to the opinion and recommendations of the Office.
82		17 Laws P.R. Ann. § 1481c. Special services.	For a housing project within the conceptual framework of assisted living to be certified as such, the sponsor shall provide or establish arrangements for the rendering of services to persons with an individualized service plan to ensure for the elderly person, as a minimum, the following: (a) Supervision and assistance for the performance of daily living activities or incidental activities of daily living; a medication monitoring plan; a minimum of two (2) daily meals if the units of the residence have a kitchenette. If the units of the residence do not have a kitchenette, it shall be the responsibility of the residence to make available a kitchen facility accessible to all the units; timely assistance in emergency situations supplied by personnel available twenty-four (24) hours for such purposes and complemented by an emergency response system for emergencies or any other additional emergency response system required by the Department or the Office. (b) As part of the incidental activities of daily living, each resident shall be provided, at least once per week, with a recreational, educational or leisure [activity] of the resident's choice, as long as it does not contravene the law, morals or the public order. For this purpose, the Office shall obtain cooperative agreements with internal tourism and entertainment entities to establish special service offers to such residents. The activity shall be chosen by the resident, pursuant to his/her intellectual or recreational interests. (c) In addition, professional or technical courses or seminars that are in tune with the interests and aspirations of the residents must be one of the components of the incidental activities of daily living. For this purpose, the residences may establish collaborative agreements with the Department of Education, the Department of the Family, and with any other agency that is capable of offering courses or programs of interest to the residents of any assisted living housing project. (d) Provide up to three (3) daily meals or therapeutic diets, but not less than two (2) per day. All housing projects pursuant to this chapter shall use the dietary criteria recommended by means of regulation by the Office, in coordination with the Department of Health. Those who, in spite of having met the criteria set forth by law initially, later require services beyond the service coverage pursuant to this chapter shall not be able to continue to live in the units covered by this chapter.
83		17 Laws P.R. Ann. § 1481d. Medical and nursing services.	The sponsor of the residence shall provide or make arrangements to provide health services pursuant to the following conditions: (a) The rendering of high skilled and complex medical and nursing services are hereby restricted in all residences to legally authorized certified providers that do not have any sort of bonds with the residence in question. Said provider or external hospice shall not, pursuant to any circumstances, train or instruct the personnel of the residence in these areas. However, it may advise the personnel regarding aspects of health care that the resident must carry out by himself/herself, or that do not require specialized knowledge or procedures. The latter shall be allowed to the extent that the powers of the resident to manage his/her own treatment are not restricted. (b) It shall be allowed to provide nursing services such as insulin injections, or other medication used daily for maintenance therapy provided by a certified health care services provider or a hospice authorized by law. (c) Excluded from housing projects within the conceptual framework of assisted living are potential residents that require more than ninety (90) consecutive days of high skilled or complex medical treatment or nursing. Likewise, elderly persons who suffer seriously substantial physiological, cognitive or psychiatric conditions and incapacitating effects requiring intense, continuous and complex medical care, or who cannot self-administer a substantial part of their own treatment, nor sustain themselves without the continuous assistance of another person without risking their own safety are hereby excluded from the coverage of this chapter. Also beyond the scope of the housing projects pursuant to this chapter are elderly persons who require twenty four (24) hour high[ly] skilled medical attention.
84		17 Laws P.R. Ann. § 1481e. Services provided.	All housing projects within the conceptual framework of assisted living shall hereby: (a) Provide units for one (1) or two (2) persons with locked doors, to restrict unwanted entries by other residents and to achieve greater mobility, individual space and privacy in their room for the elderly residents. Single units shall have an area of at least eighty (80) square feet, while double units shall have, as a minimum, an area of one hundred sixty (160) square feet. All units shall have free access to the common areas of the residence and shall be furnished for the use of cooking equipment and food storage. The resident shall have exclusive rights to the enjoyment of his/her unit with external lock. An individual bathroom shall be provided for every two (2) persons in residences built prospectively after this act takes effect. Those residences already rendering services to elderly persons at the time this act takes effect and who wish to convert to the conceptual framework of assisted living shall provide, as a minimum, one private bath per unit, equipped with a lavatory, shower or bathtub, and one toilet, or at least with one bathroom facility for every three (3) residents. (b) Design an individualized services plan for each resident, which shall include a detailed description of the services needed by each person. Same shall be configured prior to the admission of elderly persons to the residence and shall be updated at least every six (6) months, or when substantial changes in the circumstances so do warrant. The individualized services plan, which shall be strictly confidential, shall identify the specific services to be provided to the person, including frequency and duration; identify the providers of the different services rendered; specify, if required by the resident, the medication management plan to be used. Said plans shall be configured in such a manner that the physical, cognitive and psychosocial capabilities of each resident are taken into account. (c) Contribute toward the development of a health care system that tends toward the creation of a home environment in behalf of the residents that need to receive assistance with their daily living activities and incidental activities of daily living. (d) Set forth measures that protect the individuality of the residents, while tending toward affording them independence and privacy. (e) Facilitate for residents the use and retention of their personal property. (f) Allow the residents to configure ways in which the medical services shall be received, while never risking their safety. (g) The residence shall be responsible for the supervision of the general condition of the residents, even when the residents do not use the assistance services provided by the residence.
85		17 Laws P.R. Ann. § 1481f. Personnel requirements and training.	(a) Administrator and services coordinator Every residence shall have an Administrator of proven administrative and professional capabilities, with at least a Bachelor's degree or its equivalent in experience in human resources, housing administration, or in health care services. Such Administrator shall render full time services during work hours and be not less than twenty-one (21) years old. The personnel providing personal health care services shall be not less than twenty-one (21) years old and shall comply with a training program of seventy (70) hours per year in an institution accredited to offer said training by the Higher Education Council. In addition, all residences shall have a Services Coordinator that shall have at least a Bachelor's degree or its equivalent in experience, which shall be in rendering direct services to elderly persons, and shall have at least one graduate nurse, one social worker, one occupational therapist and one psychologist, duly authorized to practice their profession rendering services to the residents in the jurisdiction of the Commonwealth of Puerto Rico. (b) Personnel records maintenance Every residence shall keep a personalized record of each employee and manager in which shall include a description of their tasks, and their technical or professional credentials and evaluations. The residence shall be bound to keep at least one employee on call at all times for every eight (8) residents. In the residence, the personnel records shall be developed and maintained in a confidential manner. Said records shall contain at least the following information: (1) Job description. (2) Academic background and employment experience. (3) Professional licenses or certifications, if applicable. (4) Documentation on personnel orientations and trainings offered. (5) Evaluations of work performance or memoranda. (c) Personnel training The sponsor of the residence shall provide all personnel and contract providers who have direct contact with the residents and all food services personnel with continued training and seminars designed for the needs of the elderly persons. However, prior to commencing work in the residence, they shall take, as a minimum, an orientation of at least one (1) day on the following matters: (1) Independent living in a residence within the conceptual framework of assisted living philosophy; (2) rights of the residents; (3) prevention of abuse, negligence, and financial exploitation of the elderly; (4) safety measures and emergency management; (5) prevention of transmittable diseases, including AIDS/HIV and Hepatitis B, management and control of infections in the residency and the principles of universal awareness based on the guidelines set forth in the Occupational Safety Health Act; (6) communication techniques; (7) awareness about the ageing process; (8) solution of possible health problems of the residents; (9) general review of the employment requirements, and (10) sanitation and Hygiene in the preparation of foods. All personnel working in the residence shall be aware of the needs of the residents and shall be capable of responding to any emergency twenty-four (24) hours a day.
86		17 Laws P.R. Ann. § 1481g. Office for the Affairs of the Elderly-- Duties.	The Office of the Advocate for the Elderly shall perform the following actions: (a) Follow up on the operations of the residences and develop the creation of housing projects within the conceptual framework of assisted living. (b) Prepare advertising campaigns in the different communications media to inform about the potential of housing project developments within the conceptual framework of assisted living, instruct elderly persons regarding the benefits of the institutional concept of assisted living and give orientations to the citizenry on the principles that inspire the development of housing projects pursuant to this chapter. (c) Procure, in coordination with the Department of Housing, the availability of funds and federal programs to defray expenses for assisted living services for qualified residents. (d) Promulgate regulations on all matters that tend toward expediting the implementation of the provisions of this chapter and of all matters that pursue the protection of the rights of elderly persons pursuant to this chapter. (e) Work and prepare, in collaboration with the Department of Housing, a statistical framework that allows the creation of a profile of residents that use this type of housing concept and allows the evaluation of the quality and scope of the services rendered therein.
87		17 Laws P.R. Ann. § 1481h. Rights of the residents.	(a) Residents shall have a non-waiverable right to have all their documentation kept pursuant to the strictest confidentiality. (b) Residents shall have the right to demand a residency agreement stating in detail, as a minimum, the following: the charges for each service, as well as the means for billing and the arrangements for the payment of same, explaining the manner in which the residence shall address claims from the residents, the procedure for residents to file their claims, reasonable rules for the behavior of the personnel, the administration and the residents. Said agreement, if in contravention to the letter and spirit that motivate this chapter, shall be deemed non-existent. The residency agreement shall contain an agreement in which the residence binds itself to denounce and eradicate all acts that violate human dignity and degrade the elderly. In addition, residents shall bind themselves to occupy the unit individually, and if they wish to share their unit with another resident, they must consent to same in writing. The residency agreement shall also include the conditions for the termination of the residence's services, which shall be determined bilaterally. If necessary, the elderly person may seek the advice of a third party to consent to certain service termination terms and any other clause in said agreement. A requirement which cannot be changed by an agreement of both parties is that all service terminations shall be preceded by a notice in writing thirty (30) days in advance, and that the sponsor shall contact the Department and the Office at such time to notify the termination of the residency agreement of the resident for same to commence to seek government assistance for said resident, if necessary. The residency agreement shall be personalized to suit each resident of the housing project within the conceptual framework of assisted living and shall be mindful of the care peculiarities of each resident in an effort to maximize the freedom of action and decision making of the resident. In addition, it shall include a clause in which the sponsor binds himself/herself to comply with all federal and state legislation or regulation pertaining to consumer protection and to the protection, abuse, negligence or financial exploitation of elderly persons. (c) The right to live in an inhabitable, safe and decent environment. (d) The right to be treated with consideration, dignity, and individuality, as well as respect for their privacy and their personal belongings. (e) The right to privacy between resident's units, subject to rules of behavior that are reasonably designed for the residence for the development of health, safety and well being of the residents. (f) The right to receive and issue private written or verbal communications, respecting their right to privacy, having access to a telephone and being able to receive the visitors of their choice in an unsupervised manner. (g) The right to manage their own financial matters. (h) The right to submit claims, recommendations, and changes to the procedures, services and policies to the sponsor, administrator or to the personnel of the residence, or the Office of the Ombudsman, public officials, state agencies, or any others, without interference, coercion, discrimination or t[h]reat of any type. (l) [sic] The right to have all their claims or requests addressed in a timely and adequate manner within the capabilities of the residence. (m) The right to obtain a copy of any rule or regulation of the residence that applies to the manner of conduct required from the residents. (n) The right to participate freely in or freely benefit from activities or services rendered by the community and to reach the highest possible degree of independence, autonomy and community interaction. (o) The right to be informed of the resources of the Government, the Department of the Family, the Office of the Advocate for the Elderly and the Department of Housing, available in the event of an eviction or the termination or cancellation of the residency agreement. (p) The right to exercise their civil and religious rights. (q) The right to contract a certified health care services provider to obtain necessary health care services in their unit, room, or any other location within the residence that is equipped for said purposes.
88		17 Laws P.R. Ann. § 1481i. Procedure for review.	The Secretary of the Department shall have the right to repeal, deny, modify or refuse to renew a certification for the operation of a residence or housing project within the conceptual framework of assisted living when the sponsor or applicant fails to comply with the requirements set forth herein. It shall be the duty of the Department to set forth by means of regulation a review procedure pursuant to §§ 2101 et seq. of Title 3, known as the "Uniform Administrative Procedures of the Commonwealth of Puerto Rico", taking into consideration the following matters: (a) Repeals, denials, modifications or refusals to renew a certification for the operation of a residence When the Department repeals, denies, modifies, or refuses to renew a certification for the operation of a residence or housing project within the conceptual framework of assisted living, same shall notify the sponsor of said decision in writing within the next ten (10) days after the decision is made by means of certified mail with return receipt requested. Said notice shall specify the motives or reasons for said decision. In addition, the Department shall notify the sponsor of his right to appeal the decision made based on the regulation set forth for such purposes by the Secretary of the Department of Housing. (b) Suspension of a certification for the operation of a residence If the Secretary of the Department of Housing deems that a residence is not in compliance with the provisions set forth in this chapter, and later determines in consultation with the Office that the deficiencies or noncompliances found to [sic] not put at serious risk the health and safety of the residents, instead of repealing or denying the renewal of a certification for the operation of a residence, he/she may suspend the certification of said residence. This means that the residence may continue to operate, but it cannot accept new residents until the deficiencies or noncompliances found are corrected and the Secretary of the Department of Housing, with the approval of the Office, determines that the residence is in complete compliance with the provisions herein. In the case of the suspension of a certification, the Department shall notify the sponsor of said decision in writing within the next seventy-two (72) hours from having made the decision. The Department shall not make the decision to suspend a certification until the sponsor has been notified previously that the residence does not comply with the requirements set forth in this chapter, that the decision to limit the acceptance of new residents is being considered, and that the sponsor has had a reasonable term to correct the deficiencies. The decision of not accepting new residents may be repealed by the Department, with the approval of the Office, when the Department finds that the deficiencies or noncompliance found have been corrected completely. However, if the deficiencies or noncompliance found are not corrected within the term set forth by the Department, with the approval of the Office, the Department may repeal the certification set forth by this chapter. Said decision shall be notified in writing within the next seventy-two (72) hours by certified mail with return receipt requested. Said notice must specify the motives or reasons for said decision. In addition, the Department shall notify the sponsor of his/her right to appeal the decision made based upon the regulation to such effects set forth by the Secretary of the Department of Housing. (c) Emergency repeal of a certification to operate a residence If the Secretary of the Department of Housing determines that a residence does not comply with the provisions set forth in this chapter, and later determines in consultation with the Office, that the deficiencies or non-compliance found puts at serious risk the health and safety of the residents, the Department shall repeal immediately the certification of the residence. The Department shall notify said decision in writing to the sponsor within the next twenty-four (24) hours from the making of said decision. In addition, the Department shall notify the sponsor of his/her right to appeal the decision made based upon the regulation set forth to such purposes by the Secretary of the Department of Housing and shall take all the foreseeable necessary measures to ensure the well being of these residents.
89		17 Laws P.R. Ann. § 1481j. Ombudsman for Elderly Residents-- Duties.	(a) The Ombudsman shall have the primary duty to attend the claims of the housing projects within the conceptual framework of assisted living residents, and their relatives or representatives, with diligence. When addressing the claims, the Ombudsman shall provide said persons with pertinent juridical and government information that allows the claimant to make an informed decision regarding the steps to be taken to remedy the situation. When addressing the claim and deeming that same is warranted pursuant to this chapter, the Ombudsman shall perform a thorough investigation of the situation and issue a report in that regard. Then, same shall take the appropriate steps in the pertinent public agency or organism that shall result in the prompt solution for, and due attention to, the problem subject of the claim. (b) In the exercise of his/her powers, the Ombudsman shall have free access to the residences set forth in this chapter, and may review the files of each resident with the informed consent of same. Moreover, the Ombudsman shall interview the personnel of the residence, the external providers of the residence, the latter having the inescapable duty to provide all data or documentation that throws light over the submitted claim. (c) The Ombudsman shall set forth the necessary mechanisms for the receipt and processing of claims and for the performance of investigations, as well as informing the results of same to the Director of the Office of the Advocate for the Elderly. (d) The Ombudsman shall exercise all the powers conferred upon same pursuant to Act No. 308 of October 3, 1999, to comply with the duties imposed by this chapter. (e) When complying with the duties set forth herein, the Ombudsman shall acquire knowledge of the particular services offered in the residences within the conceptual framework of assisted living and act according to same. (f) The Ombudsman shall carry out an amount randomly [sic] periodic visits that represent the amount of residences to verify that they are in compliance with this chapter. The results of same shall be detailed in a report to be submitted to the Office and the Department. In addition, said report shall be made accessible to the residences concerned.
90		17 Laws P.R. Ann. § 1481k. Penalties.	All housing projects or residences established within the conceptual framework of this chapter that incurs in a violation or noncompliance against the provisions set forth in this chapter and the duties demanded in same shall risk that the Department of Housing may determine that the suspension of their certification, the permanent repeal of their certification, or the denial of the renewal of same is warranted. Furthermore, any person who operates or manages a housing project or residence within the conceptual framework of assisted living created pursuant to this chapter without the due certification shall incur in a misdemeanor, and if found guilty, shall be punished with a penalty not to exceed five thousand dollars ($5,000) or a jail term of up to six (6) months, or both penalties, at the discretion of the court. Any person in Puerto Rico who is dedicated to or disposed toward running residences within the conceptual framework of assisted living for the elderly created pursuant to this chapter, knowing that said residence or housing project does not have a certification for its operations shall incur in a misdemeanor, and if convicted, shall be punished with a fine not to exceed five thousand dollars ($5,000) or a jail term of up to six (6) months, or both penalties, at the discretion of the court. Any violation against the aforementioned shall constitute reasonable cause to deny, renew, modify or repeal a certification for dedication to the purposes mentioned previously in this chapter. Regardless of the existence or use of any other remedy, at the request of the Office or the Department, the Secretary of Justice of Puerto Rico shall request an injunction or any other remedy to restrain the accused person from operating or managing a housing project or residence within the conceptual framework of assisted living without due certification.
91		17 Laws P.R. Ann. § 1481l. Exemptions.	Any residence established within the conceptual framework of “assisted living” shall be exempt from payments on the percentage (%) of municipal licenses, the payment of personal and real property taxes, and income tax for the first two (2) years of operation pursuant to this chapter. Only for the purpose of granting the exemptions established herein, the Department of Housing and the Secretary thereof shall be required to oversee and ensure compliance with the governing principles established in §§ 893 and 1470 of this title, as well as the remaining provisions of this chapter and its regulations. The Secretary of Housing shall be required and responsible for preparing a Certificate of Compliance every two years, once the owners of incentivized housing projects validate, in the judgment of said official, that they have met the requirements set forth herein. Every two years, the Secretary of Housing shall verify the information submitted by the owners of incentivized housing projects so that the Certificate of Compliance is issued not later than the fifteenth (15th) day of the second (2nd) month after the close of the taxable year of the applicant. The Certificate of Compliance shall include, in turn, the following information regarding the owner of the incentivized housing project: the name of the project; the cadastre number of the property or properties connected to the project; the merchant registration number; the account connected to the business as required by the Puerto Rico Internal Revenue Code; the employer identification number; and the information required by §§ 1141 et seq. of Title 23, better known as the “Fiscal Information and Permit Control Act”. The Certificate of Compliance shall be issued by the Secretary of Housing through the Interagency Validation Portal for the Granting of Incentives for the Economic Development of Puerto Rico to the agencies, public corporations and municipalities responsible for granting the benefits or incentives established in this section. However, during the period in which the Portal is still not operating, it shall be the duty of the Secretary to issue the Certificate of Compliance to the agencies, public corporations, and municipalities responsible for awarding the benefits or incentives established herein following the ordinary process. The filing of the Certificate of Compliance by the owner of an incentivized housing project shall be an essential requirement for the agency, public corporation, or municipality to grant the benefit or incentive provided for in this section. Actions taken by the Secretary of the Department of the Treasury, the Executive Director of the Municipal Revenues Collection Center (CRIM), or any other government official or body, or public corporation concerned, in connection with the qualification process for the granting of the benefits or incentives under this chapter, shall be limited to the taxation aspects of the granting of the benefit or incentive in question, upon the issuance of a valid Certificate of Compliance as provided in this section. The Secretary of Housing shall be responsible, first and foremost, for overseeing eligibility under any and all provisions of this chapter. However, the Secretary of the Department of the Treasury, the Executive Director of the Municipal Revenues Collection Center (CRIM), or any other government official or body, or public corporation concerned with any of the benefits or incentives granted by virtue of this chapter may contact the applicant and the Department of Housing should further information be needed to validate data on the Certificate of Compliance, and shall notify and request the applicant to supply such information in order to rectify the situation. The Secretary of the Department of the Treasury, or the Executive Director of the Municipal Revenues Collection Center may deny the tax incentives or benefits requested if, in their judgment, the information requested has not been supplied. Moreover, the provisions of this chapter shall not preclude in any manner the power conferred to the Secretary of the Treasury by virtue of § 33202 of Title 13, known as the “Puerto Rico Internal Revenue Code of 2011”; and, if necessary, the power to revoke any incentives previously granted by virtue of the Certificate of Compliance, in accordance with the corresponding act; or the power to refer the case to the pertinent agency or public corporation for the corresponding action. However, in the case of the tax exemptions on property and municipal license taxes, for purposes of promoting the creation and establishment of housing projects established within the conceptual framework of “assisted living” or contributing toward those already in operation, the municipalities whose fiscal capability allows shall exercise their discretion to grant to said residences exemptions from the payment of property and municipal license taxes. The procedures set forth by law shall be followed for the approval of these exemptions. At the end of the aforementioned term of two (2) years, the Legislative Assembly shall evaluate said exemption and shall determine its continuation or its termination.
92		17 Laws P.R. Ann. § 1481m. Establishment of the model project.	The Department of Housing shall establish a model project within the conceptual framework of assisted living to begin the forthcoming implementation of this new regulatory scheme set forth in this chapter, and to execute the concept of assisted living, as conceived herein. Regarding the administration of said model project, same shall correspond to the entity previously chosen by the Department and the Office. Said model project shall be in operation for a term of two (2) years, at the end of which the Legislature shall pass judgment over the results obtained and shall extend said term, if by so doing the exposure and proliferation of assisted living establishments is thereby developed. The evaluation term of two (2) years shall commence to take effect when said project obtains the certification as set forth in § 1481b of this title and begins its operations.
93		17 Laws P.R. Ann. § 1481n. Collaboration agreements.	For this law to be effective, the necessary collaboration of innumerable agencies, municipalities and public and private instrumentalities is required. Therefore, both the Department of Housing and the Office of the Advocate for the Elderly are hereby empowered to set forth collaboration agreements with the Department of Health, the Department of the Family, the Health Services Administration (ASES, in Spanish), and any other deemed necessary for the implementation of this chapter.
94		17 Laws P.R. Ann. § 1481o. Applicability of the Establishments for the Aged Act.	The Establishments for the Elderly Act §§ 351 et seq. of Title 8, shall not apply in any manner to residences within the conceptual framework of assisted living.
95		17 Laws P.R. Ann. § 1481p. Regulation and forms.	The Department of Housing is hereby empowered to create by means of regulation any necessary dispositions for the implementation of this chapter within one hundred eighty (180) days after the approval of this act, and pursuant to §§ 2101 et seq. of Title 3, known as the "Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico." In addition, it shall create all the necessary forms for its implementation within one hundred eighty (180) days after the approval of this act. Likewise, same shall set forth procedures to validate or accept any federal or state assistance such as Medicaid, the Nutritional Assistance Program, the Temporary Assistance for Needy Families (TANF) Program, Social Security or Section 8, among others, that may be received by elderly persons interested in living in the housing projects set forth pursuant to this chapter as payment or partial payment of the rent established by means of the residency agreement.
96		17 Laws P.R. Ann. § 1491. Definitions.	For the purposes of this chapter, the following terms and phrases shall have the meaning stated hereinbelow: (a) Elderly person. Refers to any person who is sixty (60) years of age or older, whose income is within the limits established by the Secretary of Housing through regulations to participate in the program, which may be equal to or more liberal, but never more restrictive than those established by the federal government. (b) Monthly income. Shall mean one twelfth (1/12) of the total yearly income of the person or family. (c) New construction. Shall mean any individual or collective housing whose construction begins after the effective date of this act and is certified by the Department of Housing as a participant of this program. (d) Existing housing. Means any individual or collective housing that has been built prior to the effective date of this act, and which the Department of Housing deems acceptable under the program created by this chapter. (e) Domiciliary care system Shall mean the service area which provides shelter, food and outpatient medical care. (f) Nursing care service Shall mean the service area that provides shelter to convalescent veterans, who neither suffer from any acute disease nor need hospital care, but require intermediate nursing care and other medical care related thereto. (g) Existing housing Is any single or collective housing built before this act became effective, and deemed acceptable by the Department of Housing under the program created by this chapter. (h) Veteran Shall mean any person who is a bona fide resident of Puerto Rico and a veteran of the Armed Forces of the United States of America pursuant to the federal laws in effect. (i) Veteran's State House Any collective housing built pursuant to Public Law No. 88-450 of August 19, 1964, as amended, known as the "Nursing Home Care".
97		17 Laws P.R. Ann. § 1492. Program.	(a) The Secretary of Housing is hereby authorized to create a program to subsidize the monthly payment of housing rents and interest on loans granted to elderly persons or their relatives with whom they live permanently, to perform improvements to facilitate their mobility and enhance the enjoyment of their home. (b) The subsidy shall consist of reducing the monthly rental payments of individual or multiple housing, and of the payments of loans granted to elderly persons or their relatives for home improvements, as provided in subsection (a) of this section. The Secretary of Housing is hereby authorized to adopt the regulations needed to determine the subsidy to be received by the beneficiary, based on the monthly income of the person or his/her relatives, and his/her family composition. (c) The maximum subsidy to be granted shall not exceed the amount of four hundred dollars ($400) per month. The Secretary of Housing is hereby empowered to adopt the regulations needed to provide the subsidies to be granted and the duration thereof. (d) Upon granting of the lease subsidy, the same may be varied annually, should there be a change [in] the income or family composition of the beneficiary. (e) The Secretary of Housing may request and obtain evidence of the income or family composition of the applicant, in order to determine the subsidy to be granted. (f) The beneficiary of the subsidy shall keep the corresponding monthly payments up to date, to continue availing him/herself of the subsidy granted under this chapter. Should the beneficiary of the subsidy fall in arrears in the payment of the loan for improvements or the rental payment, the subsidy for months in arrears shall only be honored if the payment is brought up to date and the financial institution or the lessor accepts it.
98		17 Laws P.R. Ann. § 1492a. Veteran's Housing Rental Matching of Funds Program.	(a) The Secretary of Housing is hereby authorized to create a program to subsidize the monthly payment for housing rental pursuant to Public Law No. 88-450 of August 19, 1964, as amended, better known as the "Nursing Home Care", to all veterans and their spouses or veterans' surviving spouses. (b) The subsidy shall consist of reducing the monthly payment of the collective housing rental granted to all veterans, their spouses or his/her surviving spouse. The Secretary of Housing is hereby authorized to adopt any regulations needed to determine the subsidy to be received by the beneficiary depending on his/her monthly income. (c) The maximum subsidy to be granted in the case of veterans who have availed themselves of the domiciliary care program shall not exceed the sum of four hundred dollars ($400) each month. The Secretary of Housing is hereby empowered to adopt any regulations needed to provide for the subsidies to be granted and the duration thereof. (d) The maximum subsidy to be granted in the case of veterans who have availed themselves of the nursing care program shall not exceed the sum of six hundred dollars ($600) each month. The Secretary of Housing is hereby empowered to adopt any regulations needed to provide for the subsidies to be granted and the duration thereof. (e) Once the rent subsidy is granted, the same may vary annually if there is a change in the income of the veteran, his/her spouse or his/her surviving spouse. (f) The Secretary of Housing may request and obtain evidence of the income of the veteran, his/her spouse or his/her surviving spouse income in order to determine the subsidy to be granted. (g) The Secretary of Housing shall reevaluate the cases and transfer them to the new matching of funds program established in these subsections regarding veterans receiving a subsidy pursuant to this chapter. (h) The beneficiary of the subsidy shall make the corresponding monthly payments on time in order to continue receiving the benefit of the subsidy granted under this chapter. If the beneficiary of the subsidy is in arrears in the payment of rent, the subsidy of those payments in arrears shall be provided once the debt is settled and the payment of rent is received.
99		17 Laws P.R. Ann. § 1493. Regulations.	The Secretary of Housing shall adopt such regulations as are necessary and consistent with the purposes of this chapter, and the same shall have force of law after their promulgation pursuant §§ 2101 et seq. of Title 3, known as the "Uniform Administrative Procedures of the Commonwealth of Puerto Rico Act".
100		17 Laws P.R. Ann. § 1494. Restricting conditions.	1) In cases of loans or improvements, the public document shall consign the following restricting conditions: (a) The beneficiary shall have the obligation to reimburse to the Secretary of Housing the entirety or part of the subsidy received under this chapter, in case he/she should decide to sell, exchange, give, lease, or otherwise transfer the property within a period of six (6) years, to be counted from the date on which the subsidy is awarded, according to the following table: IF THE TRANSFER IS THE AMOUNT OF SUBSIDY TO MADE WITHIN THE BE REIMBURSED SHALL BE First or Second Year 100% Third Year 80% Fourth Year 60% Fifth Year 40% Sixth Year 20% If the beneficiary of the program should die within the abovementioned six (6)-year period, his/her heirs shall not be bound by the obligation to reimburse as provided, if the property has been legally transferred in their favor through testate or intestate succession. If these heirs should decide to sell, exchange, donate, lease, or otherwise transfer the property within the aforementioned period, they shall be bound to reimburse the subsidy received pursuant to the table above. When a beneficiary of the program who owns the property decides to sell, exchange, or otherwise transfer his/her share in the real property to another co-owner, he/she shall be bound to reimburse the part of the subsidy attributable to his/her share, by applying the percentages established in the above table. In case of a divorce, he/she shall be subject to the regulations adopted by the Secretary of Housing, to determine whether the reimbursement proceeds. In those cases in which the reimbursement of the subsidy does proceed, it shall have to be made before or simultaneously with the legal transaction causing the transfer of the title deed, for which the presence of the Secretary of Housing shall be fundamental and indispensable in the documents transferring the domain, in terms of giving his/her consent and releasing the property from the lien once reimbursement has been made. (b) The beneficiary shall not lease the property nor devote it to any use other than that of his/her habitual and permanent residence. (c) The property shall not be mortgaged without the prior authorization of the Secretary of Housing. Failure to comply with the restricting conditions set forth in this subsection shall entail the suspension of the subsidy. (2) In the cases of subsidies for rental housing, the lease contract shall consign the following restricting conditions: (a) The lessee shall not sublet the property or devote it to any use other than that of his/her habitual and permanent residence. (b) In case of the demise of the beneficiary, the house rental subsidy shall be suspended unless the surviving spouse or a dependent qualifies to continue receiving the same. (c) In case of divorce, the house rental subsidy shall continue to be offered to the person remaining in the dwelling if he/she qualifies pursuant to this chapter and the regulations adopted for its implementation. (d) Any other condition that the Secretary of Housing may establish through regulations to such effect. Failure to comply with the restricting conditions set forth in this subsection shall entail the suspension of the subsidy.
101		17 Laws P.R. Ann. § 1495. Veterans' Housing Rental Matching of Funds Program-- Restrictive conditions.	In the rental matching of funds the following restrictive conditions shall be consigned in the housing rental contract: (a) The lessee shall neither sublet the property nor use it for a purpose other than his/her usual and permanent residence. (b) If the beneficiary dies, the rent subsidy shall be suspended unless his/her surviving spouse is eligible to continue to receive the same. (c) In case of divorce, the veteran shall continue to receive the rent subsidy. (d) Any other condition established by the Secretary of Housing through regulations thereto. Failure to comply with the restrictive conditions consigned in the contract shall result in the suspension of the subsidy.
102		33 Laws P.R. Ann. § § 4766. Noncompliance with obligations to provide support	Any person who, without legal justification, fails to comply with the legally or court imposed obligation to provide support to another person of legal age, whether a spouse or an elderly ascendant or descendent relative, shall incur a misdemeanor.
103		33 Laws P.R. Ann. § 4242. 4767. Abandonment of elderly and persons with disabilities	Any person to whom an elderly or person with disabilities who is unable to care for him/herself is entrusted, and who abandons said person in any place with the intention of deserting him/her shall incur a fourth degree felony. When due to the circumstances of the abandonment the life, health, bodily integrity or sexual indemnity of the person is jeopardized, the perpetrator shall incur a third degree felony.