Care homes in Croatia

1. Which laws apply to opening care homes?

Principal regulation: the Institutions Act and the Social Welfare Act. 

2. Is the care home operator required to have a presence in the local jurisdiction?

The care home operator can be a local or an EU-based natural or legal person. Direct performance of social services by an EU-based entity in Croatia could have certain tax implications.

Care homes are commonly incorporated as public institutions. However, associations, religious communities, corporate entities, other domestic and foreign legal persons, and tradesmen, can also perform social services under conditions prescribed by law.

4. How are the governing bodies of the care home regulated? 

Care homes must have a manager, a management council, and a professional council.

There are specific requirements for the manager of a care home, who is appointed for a four-year term (with renewal options) and must fulfil requirements regarding academic achievements and work experience. A public tender is required if a care home is established by the Republic of Croatia or the local and regional government or if public tender is specified as a requirement under the internal rules of a care home.

5. Is a concession or approval by any regulatory authority required to open a care home?

While no concession is necessary to open a care home, the following approvals are required:

  • The approval of the competent ministry confirming compliance of the care home’s incorporation decision with the Social Welfare Act, Institutions Act, and other relevant special regulations; 
  • A certificate of registration with the relevant registry of social institutions, run by the competent ministry;
  • A ministry decision confirming the fulfilment of minimal technical conditions for the accommodation of a specific number of customers;
    Subsequent confirmations by the ministry are required in the event of any spatial expansion or increase in the number of customers.

6. Is a care home restricted in the performance of activities on the local market?

Care homes are incorporated solely for the performance of specific social services as prescribed by the relevant legislation.

Care homes can acquire, encumber, or dispose of their real estate or other property with the consent of their founders.

7. Are there any restrictions on how care homes may use their profits?

In principle, profit is to be re-invested and used to further the development of the business activities of the care home. However, institutions established by founders who are legal or natural persons (i.e. those institutions not established by the Republic of Croatia or the local and regional government) may use their profits in other ways, in line with their internal rules and with appropriate application of legislation regulating companies.

8. Does the government provide any type of subsidy?

The government can partially or entirely subsidize the accommodation fee for customers of public care homes. The actual subsidy amount depends on the socio-economic status of the customers. There are currently no subsidies for private care home accommodation from the government. Fee subsidies are sometimes also awarded on a municipal level. 

9. Is there a supervisory authority in relation to the activities of the care home?

The Ministry for Social Affairs supervises the activities of care homes and can perform on-site inspections as part of the supervision process.

The care home is obligated to submit annual statistical reports to the competent ministry with information on its business activities, number of customers, number of employees, etc.

10. What is the number of inhabitants?

4,067,500 (source: World Bank)

11. What is the number of inhabitants older than 65 (in %)?

20.86% (source: World Bank)

12. What is the number of care homes?

164

13. Is there a waiting list?

There is no reliable statistic because Croatia has both private and government care homes and the waiting time varies greatly depending on type of care home.

14. What institutions regulate and monitor the health and social care services?

Preamble: In Croatia, a social care home may be established by the public institutions, associations, religious communities, corporate entities, other domestic and foreign legal persons, and tradesmen (the “Social Service Providers”).

There are three types of supervision of the work performed by the social service providers, and it includes:

1. Internal control; Internal control is carried out by the internal organs which supervise the legality and quality of provided social services. However, Social Service Providers with a maximum of 20 users are not obliged to conduct internal control.

2. Inspection supervision; The Ministry of Labour, Pension System, Family and Social Policy. (the “Ministry”) is competent to carry out the inspection supervision as regular, extraordinary and control meaning:

  • Regular inspection supervision is conducted pursuant to the annual supervision plan adopted by the Ministry no later than December 31 of the current year for the following year;
  • Extraordinary inspection supervision is carried out if there is a report for supervision from the natural or legal person or if it is requested by the other state bodies; and
  • Control inspection supervision is carried out in order to control the implementation of measures ordered by the inspector's decision.

The purpose and goal of each inspection is to determine whether the legal provisions, other regulations and general and individual acts are applied and implemented properly over the work of the Social Service Providers.

When conducting an inspection, inspector examines facilities and equipment of the Social Service Providers, hygiene and maintenance of the subject premises as well as the hygiene of clothing and footwear of workers and users. Inspector also determines, if possible, whether the diet corresponds to the recommended standards and the health condition and needs of the users. Furthermore, supervision is also carried out over the direct work of professional and other workers and over the maintenance of prescribed documentation on users, i.e. if the documentation is in line with the positive regulations. In the end, the inspector is obliged to draw up a record of the performed inspection. 

3. Administrative supervision; Administrative supervision is conducted towards public social welfare centers, local and regional self-government units and other legal entities that decide on social welfare rights (not relevant here). 

Other than what was stated, there are no other specific provisions that would prescribe any other specific supervision over the work of social care homes in Croatia.