Procedure for using the Electronic Therapeutic Community Management System – SISCT – Senapred ordinance
WHEREAS all processes relating to care, prevention and social reintegration actions of Drug Policies were transferred from the National Secretariat for Drug Policies – SENAD, of the Ministry of Justice and Public Security, to the National Secretariat for Drug Care and Prevention – SENAPRED, from the Citizenship Ministry.
From that date onwards, the system for control, registration, updates and, among other things, Accountability, must be carried out by SISCT.
Follow the Ordinance that regulates Access to the Electronic Therapeutic Community Management System – SISCT, proof of Services provision and reception, attestation of invoices and respective payments:
We searched for the website's path to the system and still didn't find it. We understand that, since the ordinance has been promulgated, the system should already be up and running in perfect condition. In any case, we will try to find out the path/address of the system and make it available here.
A hug to everyone.
ORDINANCE No. 1, OF NOVEMBER 12, 2019
THE NATIONAL SECRETARY OF DRUG CARE AND PREVENTION, in the use of its legal powers, provided for in arts. 58 and 107 of Decree No. 9,674, of January 2, 2019;, and,
WHEREAS all processes relating to care, prevention and social reintegration actions of Drug Policies were transferred from the National Secretariat for Drug Policies – SENAD, of the Ministry of Justice and Public Security, to the National Secretariat for Drug Care and Prevention – SENAPRED, from the Citizenship Ministry;
CONSIDERING the contracts signed, through public notices, with the Union, represented by SENAPRED, for the Services provision exclusively voluntary reception, in a transitional residential regime, for drug addicts;
CONSIDERING the need to make public the rules and procedures for Payment for services provided by Therapeutic Communities, within the scope of concluded contracts;
CONSIDERING the existence of the Electronic Therapeutic Community Management System – SISCT;
CONSIDERING the terms of Law No. 8,666, of June 21, 1993, which establishes rules for Public Administration tenders and contracts and provides other provisions;
Given the Resolution – RDC nº 29, of June 30, 2011, which provides for health safety requirements for the operation of institutions that provide care services to people with disorders arising from the use, abuse or dependence of psychoactive substances;
Given the Resolution nº 01, of August 19, 2015, of the National Council for Drug Policies, which regulates, within the scope of the National System of Public Policies on Drugs – SISNAD, entities that host people, on a voluntary basis, with associated problems harmful use or dependence on psychoactive substances, characterized as therapeutic communities;
CONSIDERING Decree No. 9,094, of July 17, 2017, which provides for the simplification of services provided to users of public services;
CONSIDERING Decree No. 9,761 of April 11, 2019, which approves the National Drug Policy;
CONSIDERING Law No. 13,840, of June 5, 2019, which provides for the National System of Public Policies on Drugs and the conditions of care for drug users or addicts and to address the financing of drug policies, including and regulating communities therapies with the addition of Art. 26-A in Law No. 11,343, of August 23, 2006, resolves:
SISCT OPERATIONALIZATION
Art. 1 Access to the Electronic Therapeutic Community Management System – SISCT, proof of Services provision and reception, the attestation of invoices and the respective payments are regulated by this Ordinance.
Art. 2 SENAPRED will provide access credentials – login and password – to SISCT for its servers and for the contracted Therapeutic Communities.
Art. 3 SENAPRED will register and keep updated, in SISCT, the data on signed contracts, additive terms, apostilles and orders designating Administration representatives.
Art. 4 The Therapeutic Community must provide SENAPRED and, whenever there is a change, immediately communicate the following information to the contract supervisor:
I – details of the legal representative and their attorneys, if any;
II – address and contacts;
III – health permit or other similar instrument in accordance with applicable health legislation;
IV – technical responsible and substitute, under the terms of RDC nº 29/2011 of ANVISA;
V – banking details of the Therapeutic Community;
VI – data on its employees and volunteers; It is
VII – public resources eventually received for Services provision of reception, discriminating whether the source is federal, state or municipal.
§ 1 In accordance with the provisions of Decree No. 9,094, of July 17, 2017, entities accredited in the National Registry of Accreditation of Therapeutic Communities and Entities for Prevention, Support, Mutual Assistance, Psychosocial Care and Resocialization of Alcohol Dependents and other Drugs and their Family Members, in accordance with Ordinance 563, of April 19, 2019, of the Ministry of Citizenship, will be exempt from presenting the documents referred to in this article, as long as the documents have not been altered and are fully in compliance. force.
§ 2 All documents not required by Ordinance 563, of April 19, 2019, or that have changed, or are no longer valid, must be attached and proven, in accordance with this article.
Art. 5 The Therapeutic Communities will be given two access profiles for managing the SISCT:
I – Employee;
II – Legal representative.
§ 1 The “employee” profile will be allowed to register, change and consult information about those welcomed and about the receptions.
§ 2 The “legal representative” profile will be allowed to carry out the actions permitted for the “employee” profile, as well as validating the spreadsheet of those accepted at the end of the monthly period of the Services provision.
§ 3 The “legal representative” profile will only be granted to the legal representative of the contract or to a legally qualified attorney designated by the representative.
Single paragraph. After publication of the contract, the contractor must send a standard letter to SENAPRED, to inform the legal representative's data together with the employee's data to register access credentials to the SISCT.
Art. 6 It is the sole responsibility of system users, including SENAPRED servers, to maintain the confidentiality of their access credentials – login and password – and any allegations of improper use cannot be challenged under any circumstances.
§ 1 The use of SISCT will be mandatory from the date of signature of the contract by the National Secretary for Drug Care and Prevention.
§ 2 Biometric control and SISCT are control tools for monitoring the execution of services provided, and, after implementation, biometric control will be mandatory for all contracted entities.
§ 3 The biometric control referred to in § 2 of this article will consider the individual care plan (PIA)/singular care plan (PAS), social reintegration activities and family visits by the host.
Art. 7º The list of those welcomed corresponding to the month calculated must be generated by the system and validated by the legal representative of the Therapeutic Community in order to begin the process of proving the Services provision and reception.
Art. 8 After validating the list of sheltered individuals referred to in art. 7th, Therapeutic Communities must forward to SENAPRED, by the fifth business day of the month following the provision of services, the following documents:
I – invoice for services provided corresponding to the month calculated, in accordance with art. 10 of this Ordinance;
II – copy of the sheltered person’s personal identification document (front and back), photo and civil qualification in the case of the Work and Social Security Card and copy of the legal guardian’s personal identification document, if applicable;
III – copy of the adhesion agreement generated by the system, signed by the host and, in the case of fostering teenagers, also signed by their legal guardian;
IV – copy of the child’s birth certificate, in the case of fostering a nursing mother;
V – formal declaration from the Therapeutic Community, generated by the system, with the commitment to help the host to provide their identification documents, if they do not have them, within 30 (thirty) days;
VI – timely communication, generated by the system, of each reception and dismissal to the health unit and reference social protection equipment, within a period of up to five days, with the appropriate receipt protocol;
VII – immediate communication of each reception and dismissal, generated by the system, to the local Guardianship Council, with the appropriate reception protocol, in the case of adolescents.
§ 1 The following are considered personal identification documents:
I – Identity card (RG);
II – National Driving License (CNH), as long as the model presents a photo;
III – Work and Social Security Card;
IV – Professional license, as long as it is valid throughout the national territory (side with the photo and the side with social identification);
V – Passport;
VI – National Foreigner Registry – RNE – for people of other nationalities; It is
VII – For Mercosur member countries, those welcomed need to present identification documents with a photo.
§ 2 The following are considered protocols for receiving reception/dismissal notices:
I – Receipt from the manual or electronic protocol sector of the bodies;
II – Acknowledgment of Receipt – AR, via registered mail or postal mail;
III – Proof of electronic receipt, via email.
§ 3 If it is proven impossible to obtain the receipt protocol, in the form of item II, proof of electronic sending, via email, will be accepted.
§ 4 The Therapeutic Community must arrange for the issuance of an identification document for the host who does not have it, within a period of up to 30 (thirty) working days, which may be extended for an equal period, upon justification, or, present a protocol requesting the document under penalty for not receiving the service provided after this period.
§ 5 The document issued in the case of § 2 must be sent together with the documents referred to in the caput, in the month immediately following the date of entry of the person welcomed into the Therapeutic Community.
§ 6 In the case of an illiterate host or person who is unable to understand the terms of reception, it is mandatory to sign the adhesion term referred to in section III of the caput of this article, accompanied by the signature and copy of the witness's personal document.
§ 7º A nursing mother is considered to be one who begins foster care when the child(ren) is up to one year old, in which case they may remain in this condition until the end of their foster care. .
§ 8º The absence of the birth certificate of a child of a nursing mother prevents the attestation of the invoice, and the Therapeutic Community must arrange for the issuance of the document and sending a copy to SENAPRED.
§ 9 The documents referred to in items II to VII of the caput of this article must be sent to SENAPRED in the first month of Payment the reception of a specific person, dispensing with its sending in subsequent months, as long as the reception and validity of the document sent continues uninterruptedly.
§ 10. In the case of items VI and VII, reception and dismissal communications must be included in the procedure for Payment of the month following its occurrence.
§ 11. It is a condition for the reception of the individual to carry out a prior diagnostic assessment, which considers them suitable, which can be issued by a doctor from the private or public health network, or by a doctor Hired by the Therapeutic Community, in accordance with the provisions of art. 3rd of Resolution 01/2015, from CONAD.
§ 12. The diagnostic assessment referred to in §11 does not require referral by the public health network.
Art. 9 In case of unavailability of the SISCT or technical impossibility of its use, duly proven by SENAPRED, the sending, by physical means, of the spreadsheet with the list of receptions and documents listed in art. 8th of this Ordinance.
Single paragraph. The spreadsheet sent in physical form must be signed by the representative of the Therapeutic Community and must contain:
I – the name and CPF of the host;
II – vacancy profile (adult, teenager or nursing mother);
III – date of birth of the host;
IV – the dates of reception in the Therapeutic Community, of joining the SENAPRED vacancy and of dismissal, if applicable;
V – the reason for dismissal;
VI – the number of days of each reception;
VII – the value corresponding to each reception.
Art. 10. The invoice must be issued without erasures and in legible handwriting, in the name of SENAPRED, registered with the CNPJ under nº 05.526.783/0001-65, with information on the bank account number, name of the bank and the respective agency owned by the Therapeutic Community, containing the description of the service (“reception of people with disorders resulting from use, abuse or dependence on psychoactive substances”) and indication of the reference month and year of service provision.
§ 1 The use of electronic invoices is permitted.
§ 2 The fees, taxes and contributions provided for in the relevant legislation will be withheld at source and previously collected from the public coffers, through tax substitution, the respective values and percentages of which must be detailed in a specific location on the tax billing document. If there is no indication of a percentage in the specific field of the tax document, it will be considered for purposes of Retreat the highest percentage.
§ 3º In the case of exemption from Retreat of taxes, the condition of exceptionality, the legal framework and basis must be stated in the body of the tax document, accompanied by a declaration of exemption or tax immunity, issued by the local public treasury.
§ 4 Considering that exemption or immunity from Tax on Services of Any Nature must be declared and not presumed, the absence of a declaration of exemption or tax immunity, issued by the local public treasury, will result in the withholding of Tax on Services of Any Nature (ISSQN ), in accordance with Complementary Law No. 116, of July 31, 2003.
Art. 11. The membership agreement issued by SISCT must be signed by the person accepted on the date on which they occupy the vacancy contracted by SENAPRED.
Art. 12. The amount to be paid for reception services will be calculated in accordance with what is shown in the invoice, issued by SISCT, after validation by the legal representative of the contract or a legally qualified attorney designated by the representative.
§ 1 The days of effective reception will be considered by the system, including the day of entry and the day of departure of the host, regardless of time, in the Program from SENAPRED.
§ 2 In the event that the reception begins or ends, considering all interruptive causes, during the month of calculation, the value will be calculated in proportion to the days of effective reception, obtained by dividing the number of days in the month of calculation by the days in which the service was carried out, considering the type of vacancy occupied.
§ 3 In order to avoid institutionalization, within a period of up to six months following the last dismissal, the new reception must occur with a reasoned justification from the Therapeutic Community team, a decision that must be included in the Individual Service Plan – PAS/Individual Plan Service – PIA.
§ 4 In case of new admission to a previously occupied vacancy, the Payment will only be calculated from the day following the vacancy.
§ 5 The amount to be paid for the services provided will be calculated at the time of validation of the reception sheet, in SISCT, by the Representative of the Therapeutic Community.
§ 6 In the case of article 9, the same rules established here will apply, preferably using the spreadsheet provided by SENAPRED.
§ 7º In cases of sheltered people who need to extend the period of stay in the Therapeutic Community and their Project therapeutic period is less than 12 months, you must send to SENAPRED monthly proof of the services provided and a report signed by a professional from the multidisciplinary team with training consistent with the activities offered in the Program of Reception.
§ 8 Each chemical dependent may be welcomed, by the contracted entities, for up to 12 (twelve) consecutive or interspersed months, within a period of 24 (twenty-four months).
§ 9 If the host has stayed in more than one accredited community, the periods will be added together.
§ 10 SENAPRED will develop tools to identify previous receptions financed with a federal budget.
§ 11. The Individual Service Plan – PAS/Individual Service Plan – PIA, in the form provided for by § 6 of article 23-B, of Law 11,343/2006, must be prepared within a maximum period of 30 (thirty days) from of reception.
Art. 13. In the event that the host reaches the age of majority during the reception period, the Therapeutic Community must immediately transfer him to an adult place on the day he turns 18 (eighteen) years old.
§ 1 In the absence of an available adult space, free on the vacancy map, the host may continue to be linked to the adolescent space until a suitable vacancy becomes available.
§ 2 The system will carry out the automatic migration of the host who fits into the hypothesis of the caput, when there is a vacancy for a free adult.
§ 3 Institutions that only have a teenage audience, upon reaching 18 (eighteen) years of age, may remain on the vacancy map until the end of the reception period.
INFORMATION ABOUT THE RECEIVED
Art. 14. Therapeutic Communities must fill in the SISCT with the information identified as mandatory for the registration of those welcomed, as well as new receptions and dismissals.
§ 1 The identification of the host must be made through their Individual Taxpayer Registry – CPF.
§ 2 If the host does not have a CPF, the institution must issue the declaration as set out in Article 8, item V.
Art. 15. SENAPRED is responsible for keeping the records of those welcomed and records of receptions and dismissals, and may make them available to other bodies for inspection, control and research purposes, guaranteeing the privacy and confidentiality of the information provided regarding the sheltered person .
Art. 16. The Therapeutic Community must preserve the confidentiality of information relating to those welcomed, but may, however, make it available to a public control and inspection body, without the need for authorization by SENAPRED.
Art. 17. The Therapeutic Community must allow research institutions contracted by SENAPRED to carry out interviews with those welcomed and with the multidisciplinary team, providing space to carry out this activity, where the privacy of the interviewees and the confidentiality of the information provided are guaranteed, prohibited the identification of the host, their family members and the entity in publication of any species or genre.
TESTING AND Payment TAX NOTES
Art. 18. The invoice, the list of people welcomed and the documents that provide proof of Services provision and reception will be analyzed by the inspector designated by the Administration, for certification.
§ 1 If there is any doubt regarding the regularity of the invoice issued, the contract inspector will be responsible for carrying out all necessary steps with the Therapeutic Community and the competent bodies, at which time the Payment will be suspended until due resolution.
§ 2º In case of inconsistencies or errors that prevent the Sale off of the expense, the invoice will be rejected in SISCT.
§ 3 In the cases mentioned in the previous paragraph, the contract inspector will carry out the reanalysis after rectifying and validating the invoice in SISCT.
§ 4 Inconsistencies or errors presented by the inspector will be forwarded via email.
§ 5 If there are no inconsistencies or after the errors have been corrected, the inspector will certify the invoice.
Art. 19. In view of the certificate issued in the invoice, it will be up to the Expenses Authorizer to authorize the respective Payment, observing the conditions established in this article, in addition to other rules applicable to the species.
§ 1 Every Payment, the Unified Supplier Registration System (SICAF) will be consulted to verify the maintenance of qualification conditions.
§ 2 In case of irregularity, SENAPRED will adopt the following procedures:
I – sending a notification, in writing, so that the Therapeutic Community, within a period of up to 5 (five) days, counting from its receipt, extendable for an equal period, regularizes its situation or, within the same period, presents its defense;
II – if there is no regularization, or if the defense is considered unfounded, SENAPRED will send a written warning and notify the bodies responsible for monitoring the fiscal regularity of the contracted Therapeutic Community;
II – if the irregularity persists, administrative proceedings will be initiated with a view to terminating the contract, guaranteeing the contractor the right to contradictory proceedings and full defense.
§ 3 The finding of irregularities in the SICAF will not interrupt the Payment of services actually provided, until a possible decision to terminate the contract.
§ 4 Only for reasons of economy, national security or other highly relevant public interest, duly justified, in any case, by the National Secretary for Drug Care and Prevention, the contract in progress with a Therapeutic Community in default at SICAF will not be terminated.
§ 5 The extension of the contract will depend on proof of the qualification conditions provided for in the Notice.
Art. 20. This Ordinance applies to all contracts in force or that will be concluded with the Therapeutic Communities, under the responsibility of SENAPRED.
Art. 21. Ordinance No. 34, of July 2, 2015, of the National Secretariat for Drug Policies/Ministry of Justice is hereby revoked.
Art. 22. This Ordinance comes into force on the date of its publication.
QUIRINO CORDEIRO JUNIOR
