541 Courtney Corley


Finally, it should be noted the approval, on 24 January 2013, by the State-Regions and Local Authorities Unified Conference of the “National action plan for mental health”, which is based on the need to work for specific intervention projects and differentiated on the

Basis of the assessment of people’s needs and the implementation of treatment paths that know how to intercept current health demands and contribute to renewing the organization of services, the working methods of the teams, the updated clinical programs offered to users.

The document outlines a model of approach to the problems and emerging needs in the mental health sector which intends to guarantee: a) accessibility, taking charge, continuity of care and personalization of the project; b) paths with different assistance intensity in relation to care needs; c)

flexible services, oriented on people’s needs; d) Lea guaranteed by the ASL as a whole and not only by the DSM or by the services for neuropsychic disorders in childhood and adolescence; e) paths payable individually, even when included in group activities or community activities.

This confirms the need for care pathways to be carried out by specialist mental health services (DSM and / or services for neuropsychic disorders of childhood and adolescence) favoring a “bottom-up” methodology, to enhance the existing good practices at local as well as regional level, at the same time favoring the comparison with formal and informal support networks.

There is a close link between the regionalization process, the adoption of the Objective Projects and the definition of the Essential Levels of Assistance (LEA), which involves major changes, affecting the institutional framework, the cognitive bases of the institutions, the grammars of justice and the ways in which social norms are instituted and practiced; and which inevitably also affect the law as a whole. 60

The clause of “essential levels of benefits concerning civil and social rights that must be guaranteed throughout the national territory” (so-called LEP) referred to in Article 117, 2nd paragraph, lett. m) of the Constitution61 represents,

in this sense, a privileged analysis tool of the changes that have affected social rights, in their static and dynamic aspect, and the delicate relationship between the subjects who, at various levels, must guarantee their protection and implementation.

62 From a legal point of view, it should be remembered that the determination of the LEP represents an area attributed to the exclusive legislative competence of the State, 63 while the “protection of health” falls within the category of matters subject to concurrent State-regional authority, listed in the article 117, 3rd co., Constitution. 64 Moreover, as has been pointed out, 65 the peculiarity of the material context of the LEP


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