Arbitration Commission Regulation 2014 - Schkv 2014

Original Language Title: Schiedskommissionsverordnung 2014 – SchKV 2014

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996039/schiedskommissionsverordnung-2014--schkv-2014.html

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.
325. Regulation of the Federal Minister for health of the rules of procedure of the Schiedskommissionen (Arbitration Commission Regulation 2014 - SchKV 2014)

On the basis of §§ 343a, para 3, 343 b paragraph 3, 343d, 344, 345, 347 348f, para 4 and 351 of the General Social Security Act, Federal Law Gazette no 189/1955, as last amended by Federal Law Gazette I no. 187/2013, is prescribed:

1 section

Rules of procedure of the joint Schiedskommissionen

Legal status and seat

§ 1 (1) in each State establishes a joint Arbitration Committee ASVG on the basis of § 344.

(2) the joint Schiedskommissionen are based in lower Austria a 1) in the years in which the firm deals to lead the Medical Association has, in Vienna, while the seat of the Medical Council there is, otherwise in the city;

(b) in matters which a dentist / a dentist (Dentistin/dentist, dental group practice) or a midwife concern, in the capital of the country.

2. in the State of Vorarlberg in Dornbirn.

3. in the other countries in the respective city.

Jurisdiction

2. (1) the joint Arbitration Commission is responsible: 1 to the conciliation and decision of disputes between contract contract doctor (medical contract group practice) and vehicle of insurance, legal or actual connection with the contract are, unless it is ASVG to a decision about the effectiveness of a termination according to section 343 (4);

2 to the conciliation and decision of disputes between contract dental / dentist (contract Dentistin/contract dentist, dentist contract group practice) and carrier of health insurance, which are legal or actual related to an individual contract, provided that it is not about a decision on the effectiveness of termination pursuant to § 343 para 4 ASVG in conjunction with § 343d ASVG or section 349 paragraph 1 ASVG is;

3. to the conciliation and decision of disputes between midwife and vehicle insurance, legal or actual connection with the contractual relationship are.

(2) the territorial jurisdiction is by the based contract physician / doctor's contract, the contract dentist of the dentist (the contract Dentistin / the contract dentist), which determines contract group practice or the midwife, who is involved in the litigation as a party.

Composition, term of Office

3. (1) comprises the joint Arbitration Commission from the judge/judge ordered as President/Chairman of the retirement and four assessors/assessors.

(2) the Chairman and the / Deputy Chairman shall be appointed ASVG by the Federal Minister of Justice pursuant to article 344 para 2. The term of Office of five years.

(3) the participating insurers and the legal representation of interests, its affiliated/citizen on the dispute as a party is involved, have to appoint two assessors/assessor for the individual dispute. For each Member of each assessor shall be appointed two representatives / two Deputy. The assessor order (alternate order) is to announce the other site committed to order without delay.

(4) is appointed a member / an assessor (Deputy/Deputy) by a body committed to the order not within four weeks after the request by the Office (article 4), the right of the order on the Federal Minister of health is over.

Leadership of the firm business, Office

4. (1) firm shops are at alternately to calendar years with straight year by the locally relevant legal advocacy, in other calendar years by the locally competent Gebietskrankenkasse (Office). This also applies to proceedings which are pending before a year.

(2) has in particular the Secretariat 1 to arrange the timely appointment of assessors/assessor of the joint Arbitration Commission and to take the necessary measures and to submit 2. a list of the appointed assessors/associate members and their representatives/alternates to the Chairman / President and whose Deputy or his Deputy.

(3) the Secretariat has to also be a suitable Sitzungs(Verhandlungs)Zimmer, a Secretary and a Secretary for the meetings and negotiations of the joint Arbitration Commission.

(4) the Office competent at the time of the initiation of the arbitration has for the final storage of the procedural documents (files) to provide; After a period of four years after the proceedings be decision, this can be also using microfilm, disk or the like. The retention period is 30 years from the end of the year in which the procedure erledigende decision into legal force is an adult. After the end of the retention period are to delete the data contained therein or to destroy. The respective data carrier according to appropriate data security measures are according to § 14 of the Federal law on the protection of personal data (Data Protection Act 2000 - DSG 2000), BGBl. No. 165/1999, in particular with regard to access, log management, and documentation to I.

Initiation of the procedure

Applications to the joint Arbitration Commission are § 5 (1) to submit in writing at the Office (§ 4). Six counterparts are the application to join, which ever one for the respondent the respondent and the members of the Joint Panel is intended.

(2) the application must contain a representation of the dispute, the nature of the required evidence and a specific desire. Documents shall be accompanied by pre-or copy.

(3) a violation of subsection 1 last sentence and paragraph 2 is one of the flaws written application in the sense of § 13 para 3 AVG.

(4) the Office (section 4) has immediately to present the incoming it requests and counterparts the Chairperson of the Joint Commission.

Gegenschrift

The Chairperson has 6 (1) to have the delivery of the same font of the application to the respondent the respondent. These/this liberty's, to introduce a Gegenschrift by the Secretariat within a period of four weeks. Six counterparts are the Gegenschrift to connect, by which ever one for the applicant / the applicants and the members of the Joint Commission is intended; in the event of violation, however, § 13 para 3 shall apply AVG. The Chairperson has to have the delivery of the same writing intended for the applicant / the applicant on this/these.

(2) the Office has to provide the members of the Joint Panel counterparts of the application and the Gegenschrift.

Oral proceedings

7. (1) the Joint Panel has to decide normally within four weeks after receipt of the Gegenschrift or after expiry of the period granted for the reimbursement of a Gegenschrift 1 due to the file location in the thing itself or to adopt 2. what evidence to be included and whether a hearing to schedule is at once.

(2) the charges for the oral proceedings are to deliver at least two weeks before the hearing. The charge of the members of the Joint Panel must contain the addition that subject is first to inform the Secretariat (article 4) in the case of absence.

(3) all members of the Joint Panel are entitled, to the parties, to ask appropriate questions witnesses/witness and experts to determine the facts of the case. Also, the parties are entitled to this right.

Attempt at conciliation

§ 8. The Joint Panel has in the case of performing an oral hearing (§ 7) first to try to settle the dispute.

Management and close of the procedure (advice)

The Chairperson has 9 (1) to conduct the negotiations (consulting).

(2) after the recording of the permissible submissions of all parties, is the end of evidence and a full discussion of the facts of the case the hearing to close.

(3) of any oral proceedings, a transcript is lead by the / is to be signed by the Chairman.

Decision-making

§ 10 (1) the quorum of the joint Arbitration Commission is given if all members of the Commission, were present during any oral proceedings during the consultation and decision making.

(2) the joint Arbitration Commission has to decide, in the absence of the parties on the basis of the results of the investigation by resolution with a simple majority an abstention is not permitted. The Chairperson has her / his voice to make last. About the consultation and decision making a separate transcript is lead by the / is to be signed by the Chairman.

Copies of notices


§ 11 section 18 is AVG with the provision to apply, that the decision of the Arbitration Commission for joint the names of members to name a few that are have participated in the decision and the licensing in the meaning of § 18 para 3 and 4 AVG of who is Chairman. The Secretariat has to produce the required number of copies, and to arrange the delivery of the notification to the parties.

Cost

Section 12 (1) the Directors/Committee member of the joint Schiedskommissionen have to perform your activities volunteers.

(2) the Chairmen of these committees receive compensation. They carried half of the eligible legal advocacy and the insurance carrier involved in the process.

(3) the costs of the joint Schiedskommissionen including the expert fees are half of the eligible legal advocacy and the insurance carrier involved in the process.

2. section

Rules of procedure of the country schiedskommissionen

Legal status and seat

Section 13 (1) for each land built a National Arbitration Commission ASVG on the basis of article 345, paragraph 1.

(2) the country schiedskommissionen are based in lower Austria a 1) in the years in which the firm deals to lead the Medical Association has, in Vienna, while the seat of the Medical Council there is, otherwise in the city;

(b) in matters which a dentist / a dentist (Dentistin/dentist, dental group practice) or a midwife concern, in the capital of the country.

2. in the State of Vorarlberg in Dornbirn.

3. for the other countries in the respective city.

Jurisdiction

14. (1) the land Arbitration Commission is responsible: 1 to the conciliation and decision of disputes between the parties of a total contract according to §§ 343d, 345 and 351 ASVG;

2. to decide on the effectiveness of termination pursuant to § 343 para 4 ASVG and section 343 (4) ASVG in connection with § 343d ASVG and article 349, paragraph 1 ASVG;

3. to the decision on amendments to section 343 paragraph 1 b ASVG.

(2) for disputes arising from an overall agreement, the seat of the legal representation of interests involved in the process is decisive for the territorial jurisdiction. Without prejudice to the the land Arbitration Commission for lower Austria is responsible, if the participating advocacy is the Medical Association for lower Austria. For disputes arising from a contractual relationship pursuant to par. 1 Z 2 is the territorial jurisdiction through the seat of professional contract physician / doctor's contract, the contract dental / dentist (the contract Dentistin / the contract dentist), determining medical or dental contract group practice or the midwife, who is involved in the litigation as a party.

Composition, term of Office

Section 15 (1) consists of the land Arbitration Commission which by the Federal Minister of Justice ordered President/Chairman judge/judge of retirement and four assessors/assessors. The term of Office of the Chairperson (Deputy/Deputy) is five years.

(2) the Chairman and the / Deputy Chairman are to order ASVG article 345, paragraph 1 of the Federal Minister of Justice. Two Directors/Advisors be sent from the eligible legal advocacy and the Confederation.

(3) the main Association and the relevant legal interest groups have to send the assessors/assessors in the land Arbitration Commission for the individual dispute. For each Member of each Committee member at the same time two representatives/alternates are to send. The posting of assessors/assessor is to announce the other to send assessors/assessors immediately committed points.

Procedure

Article 4, paragraph 1, 3 and 4 and articles 5 to 11 are section 16 (1) with regard to the management of firm shops, the introduction of the procedure, the Gegenschrift, the hearing, the arbitration trial, led the negotiation (consulting), the decision-making and the issuing of notices to be applied mutatis mutandis.

(2) the Office has to conduct the timely posting of the assessors/assessor of the land Arbitration Commission in the way of the other 1 and to take the necessary measures and to submit 2. a list of the appointed assessors/associate members and their representatives/alternates to the Chairman / President and whose Deputy or his Deputy.

Cost

§ 17 § 12 shall apply by analogy to.

3. section

Rules of procedure of the Federal Arbitration Commission

Legal status and seat

§ 18. On the basis of §§ 343d para 1, 346, a Federal Arbitration Commission based in Vienna will be built 348f and 351 ASVG.

Jurisdiction

§ 19. The Federal Arbitration Commission is responsible: 1. determining the contents of a scheduled to total contract for a maximum of three months;

2. to the conciliation and decision of disputes according to the § § 348c, 348d and 348e ASVG.

Composition, term of Office

Section 20 (1) is the Federal Arbitration Commission from which of the Federal Minister of Justice as Chairman/Chairman ordered active judge/judge of the Supreme Court and four other assessors/assessors, of which two of the eligible legal advocacy and the Confederation be sent. The term of Office of five years.

(2) the Chairman and the / Deputy Chairman shall be appointed ASVG according to § 346 of the Federal Minister of Justice.

(3) the eligible legal advocacy and the Association have to send the assessors/associate members for the next term of Office not later than three months before the start. Each assessor for each Committee member to appoint two representatives/alternates to send respectively. The posting is to announce the Federal Ministry of justice without delay.

(4) the members of the Federal Arbitration Commission are appointed by the Federal Minister of Justice (§ 346 para 3 ASVG).

(5) depending on whether it is a matter, are the assessors/associate members in the area of legal advocacy for the negotiation to be used which relates to the physicians, dentists/dental surgeons (Dentistinnen/dentist), medical or dental group practices, midwives or pharmacists/pharmacy.

Leadership of the firm business, Office

§ 21 (1) the federal arbitration law firm shops are at alternately to calendar years with a straight year of eligible legal advocacy, in other calendar years of the Association, (the Office). This also applies to proceedings which are pending before a year.

(2) § 4 para 3 and 4 and article 11 are apply accordingly.

Procedure for determination of the content of the contract applications on determination of the content of an overall contract announced on § 22 (§ 19 Z 1) are to be in writing at the Office of the Federal Arbitration Commission. Six counterparts are the request to join, of which ever one for the respondent and the respondent the members of the Federal Arbitration Commission is determined. The request shall be justified. The required evidence to call, documents shall be attached in ur - or copy. In addition, articles 6 to 11 shall apply mutatis mutandis.

Article 23 no. 2 procedure in matters according to § 19. In proceedings of matters according to § 19 Z 2 are the sections 5 to 11 apply accordingly.

Cost

§ is 24 § 12 apply accordingly, with the main Association takes place of the concerned insurance institution.

4 SECTION

Transitional and final provisions

Section 25 (1) this regulation with 1 January 2014 into force and is to apply to proceedings which are pending at the time when the respective Schiedskommissionen.

(2) the regulation of the Federal Minister for health of the rules of procedure of the Schiedskommissionen (Arbitration Commission Regulation 2010 - SchKV 2010), Federal Law Gazette II No. 446/2010, occurs at the end of 31 December 2013 override.

Sands