Amendment Of The Federal Law On Hospitals And Sanatoria

Original Language Title: Änderung des Bundesgesetzes über Krankenanstalten und Kuranstalten

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3. Federal Act amending the Federal Act on hospitals and courting companies

The National Council has decided:

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

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

" 6.

military hospitals, these are 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. (determination of the principle) In § 2 para. 2 lit. e will replace the final point with a stroke, the following lit. f is added:

" f)

medical 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. (determining the principles) § 2 is added to the following paragraph 4:

"(4) Insofar as the terms" Medical University "or" University, at which a Faculty of Medicine is established " are used in this Federal Act, these are, among others, the terms according to § 6 of the University Act 2002, BGBl. I n ° 120/2002, to understand universities. "

4. (determination of principles) § 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. (Determination of the principles) In § 2a (5) (1), the previous lit. c, d and e are given the names d, e and f, the following new lit. c is inserted:

" (c)

for reobilisation and aftercare within the scope of departments for internal medicine, orthopaedics and orthopaedic surgery as well as trauma surgery, whereby the state legislation may provide for further specialist departments for this purpose, "

6. (Determination of the principles) In § 2b para. 2 Z 1, first sentence, after the word order "Reconstructive Surgery" the phrase "or Remobilisation and aftercare" inserted.

7. (Determination of the principles) § 3 para. 1 first sentence reads:

"Betting-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. (Determination of the principles) § 3 (6) reads:

" (6) Weiters has to provide for the national legislation that the legal representation of private hospitals should be established in procedures for the granting of the authorization to establish a hospital and in procedures for the pre-determination of the needs. the social security institution concerned with regard to the social security institution concerned in accordance with Section 3 ( 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. (Determination of the principles) § 3a (1), first sentence reads:

"Self-employed outpatients are required, unless Section 42d determines otherwise, both for their establishment and for the operation of a permit issued by the State Government."

10. (determining the principle) In Section 3a (5), the word order shall be "the respective State Health Platform" through the phrase "the respective State Health Fund" replaced.

11. (determining the principles) § 3a (8) reads:

" (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 the para. 4-affected social insurance institutions, the legal Representing the interests 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. (Determination of the principles) In § 3b (2), the word "Social insurance institution" by the word "Health Insurance Carrier" replaced.

13. (determination of principles) § 3c reads:

" § 3c. In the establishment and operation of hospitals, all or part of the research and teaching of a medical university, or 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, to be more detailed. "

14. (Determination of the principles) In § 4 para. 2 the quote becomes "§ 3a" by quoting "§ § 3a and 3b" replaced.

The following sentence shall be added to Article 5b (4) (basic rule):

" 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 one of the vice-rector for the medical field proposed university professor. "

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

" (i)

the definition of areas in which assistance dogs (guide dogs, service dogs and signal dogs) and therapy dogs (§ 39a of the German Federal Office for the Disabled, BGBl. No 283/1990, as amended, is not permitted for hygienic reasons. '

17. (Determination of the principles) § 6 para. 4 reads:

" (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. (Determination of the principles) § 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 of the Faculty of Medicine proposed by the Vice-Rector of the Faculty of Medicine is the meeting of the Faculty of Medicine. to join the collegial leadership with a consultative voice. "

19. (Determination of the principles) In § 7, the following paragraph 4a is inserted after paragraph 4:

" (4a) If 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 may be held by a specialist in orthopaedics and orthopaedics. and Orthopaedic Surgery or a specialist in trauma surgery, provided that at least two specialists of the other medical special subject are active in this department. "

Article 7b (2) reads as follows:

" (2) In joint institutions of clinics and institutes at medical universities, 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. (determining the principles) § 8 para. 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 with regard to 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 Pager is set up, "

22. (Determination of the principles) § 8 para. 1 Z 8 reads:

" 8.

In hospitals in the form of self-employed physical therapy ambulances in which gyms are not trained, the medical service may, instead of a permanent medical presence, be organised in such a way as to ensure that medical care is provided in such a way as to ensure that the patient's medical service is not available. Assistance can be reached at any time and by regular daily attendance the necessary medical orders for the 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. (Determination of the principles) § 8c (8) reads:

" (8) For hospitals which are wholly or partly responsible for 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, at which a Faculty of Medicine is established, an equivalent commission is set up according to university law regulations, which carries out the tasks of the Ethics Committee. "

24. (Determination of the principles) According to § 8f, the following § 8g is inserted with headline:

" Institutions for the collection and delivery of breast milk

§ 8g. General hospitals in which departments for gynaecology and obstetrics are operated, as well as special hospitals for gynaecology and obstetrics are entitled to collect and deliver breast milk. operate. "

25. (Determination of the principles) In § 10 para. 1 Z 3 the word "X-rays" through the phrase "X-ray images, video recordings" replaced.

26. (Determination of the principles) In Section 10a (4), the word order shall be "in the State Health Platform" through the phrase "in the respective State Health Fund" replaced.

27. (Determination of the principles) § 19a (3) Z 4 reads:

" 4.

In the case of hospitals, all or part of the research and teaching of a medical 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. (Determination of the principles) § 26 para. 1 Z 5 reads:

" 5.

in connection with organ, tissue and blood donations, "

29. (Determination of the principles) According to § 42c, the following main piece G is inserted:

" Main piece G

Military hospitals

§ 42d. (1) Military hospitals, the number and location of which have been determined by the Federal Minister for National Defence and Sport on the basis of military necessity, do not need to be approved for the establishment of a military hospital. 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), § 7a (1) and (2), § 8 (1) (Z) (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), (4a) and (5) (6), with the proviso that the Rules of Procedure do not require the approval of the state government, (6a) and (7), § 8f, § 9 (1) and (2), § 10, § 11 (1), (11a) (1) and (2). 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 headline in the second part of the main piece A. is:

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

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

32. § 55 Z 1 reads:

" 1.

the additional costs involved in the establishment, design and expansion of the at the same time the teaching at medical universities and/or Universities in which a Faculty of Medicine is established will provide public hospitals with the needs of the teaching staff; "

33. § 56 reads:

" § 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 Medical Universities respectively. 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 § 62 (1) the number shall be "2 180" by the number "7 000" replaced.

35. According to § 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 an institution for the collection and delivery of breast milk outside the hospitals referred to in § 8g shall, unless the facts of a criminal offence under the jurisdiction of the courts have been committed, commit Act forms, an administrative surrender and is punishable by a fine of up to 7,000 €. "

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

§ 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 3, Section 2, Section 3, Section 2, Section 3, Section 2, Section 3, Section 2, Section 3, Section 2, Section 3, Section 2, Section 3, Section 2, Section 3, Section 2, Section 3, Section 2, Section 2, Section 3, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, Section 2, section 2, section 2, section 1 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 § 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 for Science, Research and Economic Affairs in agreement with the Federal Minister of Finance,

4.

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

Fischer

Faymann