Amendment Of The Federal Law On Hospitals And Sanatoria

Original Language Title: Änderung des Bundesgesetzes über Krankenanstalten und Kuranstalten

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

3. Federal law amending the federal law on hospitals and hospitals.

The National Council has decided:

The federal law on hospitals and spa institutions, BGBl. No. 1/1957, as last amended by the Federal Law BGBl.  I No 32/2014, shall be amended as follows:

1. (principle determination) In § 2 para. 1 Z 5 the final point shall be replaced by a stroke, the following Z 6 shall be added:

" 6.

Military hospitals, the hospitals operated by the federal government, which are in direct and predominant connection with the performance of the tasks of the Federal Army pursuant to § 2 of the German Defense Act 2001, Federal Law Gazette (BGBl).  I No 146/2001. '

2. § 2 (2) (2) lit.  e will replace the final point with a stroke, the following lit.  f is added:

f)

Health care facilities in care facilities according to § 1 Z 5 of the Basic Supply Act-Federal Government 2005, BGBl. No. 405/1991, for asylum seekers. '

3. § 2 is added to the following paragraph 4:

"(4) To the extent that the terms" Medical University "or" University where a Faculty of Medicine is established " are used in this Federal Act, these are the terms in accordance with § 6 of the University Act 2002. BGBl.  I n ° 120/2002, to understand universities. '

4. § 2a (2) reads as follows:

" (2) Hospitals which, in addition to the tasks referred to in § 1, wholly or partially, the research and teaching of a medical university, or of a university where a Faculty of Medicine is established, are central hospitals within the meaning of paragraph 1 lit. c. "

5. (principle determination) In § 2a (5) (1) (1), the previous lit. c, d and e are given the designations d, e and f, the following new lit.  c inserted:

c)

for Remobilisation and Post-Care in the Department of Internal Medicine, Orthopedics, and orthopaedic surgery as well as trauma surgery, whereby the national legislation may provide for further specialist departments for this purpose, "

6. (Principle determination) In § 2b para. 2 Z 1 first sentence, after the phrase "Reconstructive surgery" the word sequence "or reobilisation and aftercare" is inserted.

7. § 3 (1) first sentence reads:

"Beth-leading hospitals require, if § 42d is not otherwise determined, both for their establishment and for the operation of a permit issued by the state government."

8. § 3 (6) reads as follows:

" (6) Weiters has to provide for national legislation, that in procedures for the granting of the authorization to establish a hospital and in procedures for the pre-determination of the needs, the legal representation of interests private hospitals and affected social insurance institutions with regard to the provisions of § 3 paragraph 2 lit.  a in conjunction with paragraph 2c of the requirements of the party to be tested in the sense of § 8 AVG and the right of appeal to the State Administrative Court pursuant to Art. 132 (5) B-VG and against findings and decisions of the State Administrative Court the law to the Administrative Court in accordance with Art. 133 (1) B-VG. "

9. § 3a (1), first sentence reads:

"Self-employed Ambulatoria shall be required, unless Section 42d determines otherwise, both for its establishment and for the operation of a State Government authorization."

10. (Policy determination) In Section 3a (5), the phrase "of the respective state health platform" is replaced by the phrase "of the respective State Health Fund"

.

11. Section 3a (8) reads as follows:

" (8) Weiters has to provide for the national legislation that in procedures for the granting of the authorization to establish an independent ambulatory-except in the case of paragraph 4-the social insurance institution concerned, which the legal representation of private hospitals and the competent State Medical Association, respectively in the case of self-employed dental bullets, the Austrian Dentists ' Chamber with regard to the requirements of the party position within the meaning of § 8 AVG and the right of appeal to the State Administrative Court pursuant to Art. 132 (5) B-VG and against findings and Decisions of the Landesverwaltungsgericht (Regional Administrative Court) have the right of revision to the Administrative Court in accordance with Art. 133 (1) B-VG. This also applies to procedures for pre-determining the conditions of paragraph 3. "

12. (Determining the principle) In Section 3b (2), the word "Social insurance carrier" is replaced by the word "sickness insurance carrier"

.

13. § 3c (basic specification) is:

"§ 3c. During the establishment and operation of hospitals, the whole or part of the research and teaching of a medical university and/or medical university, respectively. of a university where a Faculty of Medicine is set up, the requirements of medical research and teaching must be taken into account. The interaction during the operation of the hospital is provided in an agreement between the institution of the hospital and the institution of the Medical University, respectively. of the University where a Faculty of Medicine is set up. "

14. In § 4 (2), the quote "of § 3a" is replaced by the quote "of § § 3a and 3b" .

15. Section 5b (4) is added to the following sentence:

" In hospitals, which serve in whole or in part of the research and teaching of a medical faculty at a university, the Commission belongs to the vice-rector for the medical field or to one of the Vice-Rector for the medical field proposed university professor. "

16. The point according to § 6 (1) (1) (1 lit).  h is replaced by a stroke, the following lit.  i is added:

i)

defining areas where assistance dogs are included (guide dogs, Service dogs and signal dogs) and therapy dogs (§ 39a of the Federal Accessibility Act, BGBl. No 283/1990, as amended, is not permitted for hygienic reasons. '

17. § 6 para. 4 reads as follows:

" (4) The establishment order for an institution which is wholly or partly responsible for the research and teaching of a medical university. a university, where a Faculty of Medicine is established, has to take into account the needs of research and teaching. Prior to their approval, the institution of the hospital has the rectorate of the Medical University, respectively. of the university where a Faculty of Medicine is set up. "

18. § 6a (2), the following sentence is added:

" If a Faculty of Medicine is established at a university, the Vice-Rector for the Medical Faculty or a University professor proposed by the Vice-Rector of the Faculty of Medicine shall be the medical faculty to join the meetings of the collegial leadership with a consultative voice. "

19. (Principle of principle) In § 7, the following paragraph 4 is inserted after paragraph 4:

" (4a) Insofar as existing departments of the medical special subjects orthopaedics and trauma surgery are merged into a department of the medical special subject orthopaedics and traumatology, this department of a specialist in orthopaedics and orthopaedic surgery, or a specialist in trauma surgery, provided that at least two specialists in the other medical special subject are active in this department. "

20. § 7b para. 2 reads as follows:

" (2) In joint institutions of clinics and institutes at medical universities and/or Universities in which a Faculty of Medicine is set up, whose tasks include the provision of medical services, shall be responsible for these medical tasks to the head of the Joint Institution. "

21. § 8 (1) (Z 2) the following sentences are added:

" eligible special subjects are beyond those mentioned in Z 3 those in which a specialist medical presence is required in view of an acute complication management. In this case, the required number of specialists present shall be ensured. In addition, in central hospitals in the night and on a temporary basis in the weekend and holiday service, a permanent presence of specialists from the otherwise eligible special subjects may also be considered, if instead of the special subjects, a Ready to call, "

22. § 8 (1) Z 8 reads:

8.

in hospitals in the form of self-employed physical therapy ambulances, in which no gymnastics doctors are trained, in place of a permanent medical presence, the medical service may be organised in such a way that medical assistance is available at any time and through regular daily attendance, the necessary medical assistance may be provided. medical orders for personnel according to the MTD law, BGBl. No 460/1992, as last amended by BGBl.  I No 33/2015, and for Heilmasseure according to the MMHmG, BGBl.  I No 169/2002, as last amended by BGBl.  I n ° 33/2015, as well as, in addition to medical orders, also the necessary supervision of medical masseurs according to the MMHmG and personnel according to the MABG, BGBl.  I No 89/2012, as last amended by BGBl.  I No 33/2015 and MTF-SHD-G, BGBl. No 102/1961, as last amended by BGBl.  I n ° 89/2012; '

23. § 8c (8) is as follows:

" (8) For hospitals, all or part of the research and teaching of a medical university, or University, where a Faculty of Medicine is established, an Ethics Committee according to paragraph 1 is not to be established if the Medical University or the Medical Faculty of the University of Medicine is responsible for the establishment of a Medical Faculty. University, where a Faculty of Medicine is set up, an equivalent commission is set up according to university law regulations, which carries out the tasks of the Ethics Committee. "

24. According to § 8f, the following § 8g with headline is inserted:

" Bodies for the collection and delivery of breast milk

§ 8g. General hospitals, which operate departments for gynaecology and obstetrics, as well as special hospitals for gynecology and obstetrics are entitled to Equipment for collecting and delivering breast milk. "

25. (Principle determination) In § 10 paragraph 1 Z 3, the word "X-rays" is replaced by the phrase "X-ray images, video recordings"

.

26. (Policy determination) In § 10a (4), the phrase "in the state health platform" is replaced by the phrase "in the respective state health fund"

.

27. § 19a (3) Z 4 reads as follows:

" 4.

At hospitals, all or part of the research and teaching of a medical device University or A university where a Faculty of Medicine is established is also to ensure that they can fully fulfil their tasks in the field of university research and teaching. "

28. § 26 (1) Z 5 reads as follows:

5.

related to organ, tissue, and blood donations, "

29. The following main piece G is inserted according to § 42c:

" Main piece G

Military Hospitals

§ 42d. (1) Military hospitals, the number and location of which have been determined by the Federal Minister for National Defense and Sport due to military necessity, need to be Establishment of a permit. The intended establishment is to be notified to the State Government. Upon request, the competent federal government shall disclose to the Federal Ministry of Defense and Sport the specific requirements for the operating permit. The authorization to operate a bed-leading hospital is to be granted if the conditions of § 3 (4) (b), (d) and (e) are fulfilled. The authorization to operate a military hospital as an independent ambulatory is to be granted if the conditions of § 3b (1) Z 2 to 4 are fulfilled.

(2) The provisions of § 3 (7), § 3b (3), § 4 (1) first and second sentence, § 5a (1) (1) to (10), § 5b (1) to (5), § 6 (1) to (3) and (6), § 7 (1) to (4), are applicable to the operation of military hospitals. § 7a (1) and (2), Section 8 (1), (1), (9) and (10), (8) (2) to (4), (8a), (8b) (1), first sentence, and (2) to (4), with the proviso that, in place of the 7.  Section of the ASchG of the 7.  Section of the B-BSG applies, § 8c (1) to (3a), (4) (1) to (7) and (9), (4) and (5), (6) with the proviso that the Rules of Procedure do not require the approval of the Land Government, (6a) and (7), § 8f, § 9 (1) and (2), § 10, Section 11 (1), § 11a Paragraph 1 and 2, § 11b, § 11c, § 11d, § 12 para. 2 lit a, lit b with the proviso that § 35 is not applicable, as well as para. 3 and 4, § 20, § 24 para. 1 second and third sentence, para. 2, 3 and 4, § 25, § 48, § 60 para. 1 to 6 and § 61 applicable.

§ 42e. In the case of an operation of the Bundesheeres pursuant to § 2 para. 1 lit.  a to d of the Wehrgesetz 2001, BGBl.  I n ° 146/2001, it is possible to deviate from statutory provisions for the purpose of maintaining the supply of health care from compelling necessities. "

30. The heading in the second part to main item A. is:

" Special provisions for medical universities and/or Universities in which a Faculty of Medicine is established "

31. In § 46 (3), after the phrase "Medical University" , the word sequence " or University where a medical faculty is set up, " inserted.

32. § 55 Z 1 reads:

1.

the additional costs associated with the establishment, design, and expansion of the Teaching at Medical Universities or Universities in which a Faculty of Medicine is established will provide public hospitals with the needs of the teaching staff; "

33. § 56 is:

"§ 56. The more detailed rules on the costs of the federal government provided for in § 55 are to be found at the Medical Universities and/or the Federal Republic of Germany. Universities in which a Faculty of Medicine is established, by the Federal Minister for Science, Research and the Economy, in agreement with the Federal Minister of Finance, after consultation of the relevant state government by Regulation. "

34. In Section 62 (1), the number "2 180" is replaced by the number "7 000" .

35. In accordance with § 62b the following § 62c is inserted:

"§ 62c. (1) Bodies for the collection and delivery of breast milk may only be set up in the hospitals referred to in § 8g.

(2) Anyone who sets up or operates a body for the collection and delivery of breast milk outside the hospitals referred to in § 8g, shall be responsible, provided that the action does not fall within the competence of the courts. , an administrative transgressive action and a fine of up to € 7,000 shall be punished. "

36. The following paragraph 4 is added to Section 65a:

2 (2) (f), § 2 (4), § 2a (2), § 2a (5) Z 1, § 2b sec. 2 Z 1, § 3 (1) and 6, § 3a (1), 5 and 8, § 3b para. 2, § 3c, § 4. Paragraph 2, § 5b (4), § 6 para. 1 lit.  i and para. 4, § 6a (2), § 7 (4a), § 7b (2), § 8 (1) (2) and Z 8, § 8c (8), § 8g, including the title, § 10 (1) (3), § 10a (4), § 19a (3) (4), § 26 (1) (5) and the Main Act (G) in the version of the Federal Law BGBl (Federal Law).  I No 3/2016 shall be adopted within six months. '

37. In Section 67 (2), Z 1, 2 and 4 are as follows:

" 1.

§ § 43 and 44 is the Federal Minister for Science, Research and Economy,

2.

§ § 46, 55 and 56 is the Federal Minister of Science, Research and Economy in the Agreement with the Federal Minister for Finance,

4.

§ § 56a to 59h is the Federal Minister of Health in agreement with the Federal Minister for finance, "

Fischer

Faymann