Did you know that you can choose your own assistive devices?
Section 112 of the Social Services Act allows you to use the "Free Choice of Supplier" scheme. This means that if the municipality has assigned you an assistive device, you can choose a different product yourself. For example, you might want a different type of model, color, or a more individual solution.
The only thing you need to remember is that you must pay any additional cost yourself. The municipality will generally always choose the specific assistive device they deem cheapest and best suited.
To receive a refund from the municipality, the assistive device must always first be approved by one of their consultants, in accordance with Section 112 of the Social Services Act. Seniorpleje is part of the assistive device database, and is therefore approved as a supplier of your preferred assistive devices. Therefore, you can shop with us with confidence.
Seniorpleje is always available if you need help or have questions regarding various rules in this area.
You can read more specifically about Section 112 of the Social Services Act via this link:
The Independent Consultancy Scheme in the Disability Area
FREE CHOICE OF ASSISTIVE DEVICES!
Section 112 of the Social Services Act allows you to use the "Free Choice of Supplier" scheme. This means that if the municipality has assigned you an assistive device, such as a rollator, you can choose a different product yourself. For example, you might want a different type of model, color, or a more individual solution.
The only thing you need to remember is that you must pay any additional cost yourself. The municipality will generally always choose the specific assistive device they deem cheapest for the purpose.
To receive a refund from the municipality, the assistive device must always first be approved by one of their consultants, in accordance with Section 112 of the Social Services Act.
Seniorpleje is always available if you need help or have questions regarding various rules in this area.
You can read more specifically about Section 112 of the Social Services Act via this link:
The Independent Consultancy Scheme in the Disability Area
We have done some digging to find some extra info about this scheme, and we have found a good and easy-to-understand article from the Appeals Board.
Read the relevant excerpt below:
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"What municipalities should be aware of regarding the free choice scheme
By official Asbjørn Ejnar Nielsen
The purpose of the free choice scheme for assistive devices is to improve conditions for citizens with reduced functional capacity through more and better choices. The free choice scheme means that the citizen can choose their own supplier of assistive devices and, for an additional cost, purchase a more expensive assistive device than the municipality has granted.
This could, for example, be an assistive device of a different quality, which is therefore more expensive, or an assistive device with extra functions that the applicant desires, but which goes beyond what is considered best and cheapest.
The municipality can only provide support for purchases under the free choice scheme if the professional specifications and the municipality's suitability requirements are met. It is the applicant's responsibility to ensure this.
Does the right to free choice of supplier always apply?
There are certain exceptions to a citizen's free choice of supplier of assistive devices for a possible additional cost. The right to free choice does not apply, for example, if the tools are supplied by the municipality for reasons of employee working environment, as these tools are covered by occupational health and safety legislation.
The right to free choice also does not apply to consumer goods that exclusively function as assistive devices, as these are provided as loans from the municipality.
Assistive devices are products specifically designed to alleviate a permanent physical or mental functional impairment, such as a prosthesis or a rollator. See principle announcement 73-16.
Consumer goods include products that are manufactured and widely sold for general consumption by the general population, such as a three-wheeled electric vehicle or an adjustable bed. See Section 17, subsection 2 of the Assistive Devices Executive Order.
Common to assistive devices and consumer goods is that the municipality must provide support for assistive devices or consumer goods to persons with a permanent physical or mental functional impairment when the assistive device or consumer good can significantly alleviate the permanent consequences of the impaired function, significantly ease daily life at home, or is necessary for the person to engage in an occupation.
Furthermore, the right to free choice does not apply if the municipality can provide an assistive device that is completely identical to the assistive device the applicant wishes to obtain from another supplier.
Example 1 – free choice of assistive device
A citizen applies for assistive device X, but the municipality assesses that the primary purpose for the citizen with the applied product is to prevent deterioration, and thus not to alleviate the permanent consequences of the reduced functional capacity or ease daily life. Therefore, the product is not an assistive device for the citizen.
However, the municipality assesses that the citizen has a significant need to be helped with the permanent consequences of their functional impairment, and therefore grants the citizen assistive device Y.
Since the citizen has been granted an assistive device, they can choose their own supplier and, for a possible additional cost, choose a more expensive product as long as the more expensive product meets the professional specifications and the municipality's suitability requirements. If assistive device X meets the professional specifications and the municipality's suitability requirements, the citizen can therefore use their free choice to purchase the product.
Example 2 – free choice of identical assistive device that the municipality can provide
A citizen wishes to purchase a new rollator of brand X, model y.
The municipality already has a used rollator of brand X, model y in stock.
In this situation, the citizen will not be able to use the free choice scheme, as the applied assistive device is identical to the assistive device that the municipality can provide, cf. Section 112, subsection 4 of the Social Services Act, and Section 6, subsection 2 of the Assistive Devices Executive Order.
The exception to free choice thus applies to identical assistive devices. The purpose of the exception is that the municipality does not purchase new assistive devices that are completely identical to used assistive devices that the municipality possesses and can make available.
This should be seen in conjunction with the fact that many assistive devices are granted as loans, as well as the municipalities' opportunities to reuse returned assistive devices that are still up-to-date.
The citizen does not acquire ownership of an assistive device purchased under the rules on free choice of supplier, as this is considered a loan according to Section 7 of the Assistive Devices Executive Order.
The exception to free choice must therefore be interpreted narrowly, as the right to free choice of supplier can only be denied in cases where the citizen wishes to purchase an assistive device that is completely identical to what the municipality can provide. The exception thus applies only to reusable assistive devices and not to disposable assistive devices, which the municipality neither lends nor receives back after use.
The wording of the relevant legislation and point 42 of the assistive devices guide can be found here:
Calculation of the "free choice amount"
If the citizen wishes to make use of the free choice scheme, it is necessary to clarify how much the municipality provides in support. The Social Services Act's rules on assistive devices are based on the compensation principle.
The municipality must therefore, when assessing the aid, base it on the compensation principle and thus include the current need for the assistive device that the municipality has granted. In this connection, the municipality can obtain relevant professional information about the need or information from the citizen.
The municipality's support amounts to a maximum of the amount the municipality could have acquired the assistive device for from its own supplier. If the municipal council has not entered into a supplier agreement, the applicant can choose a supplier, and the municipality provides support according to the invoice, however, at most an amount corresponding to the price of the most suitable and cheapest assistive device.
Guidance on free choice of supplier
The Legal Certainty Act and the Public Administration Act set the framework for the municipality's guidance obligation. According to Section 5 of the Legal Certainty Act, the municipality must process applications and questions about assistance in relation to all possibilities within social legislation, including advice and guidance.
According to Section 7 of the Public Administration Act, an authority must, to the necessary extent, provide guidance and assistance to persons who contact them regarding matters within the authority's area of responsibility.
Guidance on support for assistive devices and consumer goods has a separate section on the municipality's guidance obligation in relation to the free choice scheme. The following is stated in point 47: "The municipal council must, as part of its general advisory and guidance obligation, provide advice on access to free choice of assistive devices, including on the consequences of having exercised the right to free choice, for example, in relation to return after use and the rules on reimbursement of self-payment."
In order to fulfill its guidance obligation, the municipality must therefore provide guidance on the possibility and consequences of the free choice of supplier. Guidance on free choice of supplier is particularly important in cases where:
- the citizen applies for a specific assistive device, but where another assistive device is the most suitable and cheapest, or
- the citizen is rejected for a specific assistive device, as this cannot significantly further alleviate the permanent consequences of the reduced functional capacity or significantly further ease daily life at home.
For further information on the free choice scheme, we refer to the guide on support for assistive devices and consumer goods. Here, the conditions for the free choice scheme, the billing method, return and reimbursement of own contribution, and repair of assistive devices purchased under the free choice scheme are described.
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As we know it can be difficult and intricate to navigate the various paragraphs, we would like to offer you help to find the right assistive device for you and your needs.
We have 2 nurses available to assist you with advice and help to find the optimal solution/assistive device for you.
Best regards from the Seniorpleje team.
Ditte Alici, Owner & Nurse
