Arbitration Commission Regulation 2014 - Schkv 2014

Original Language Title: Schiedskommissionsverordnung 2014 – SchKV 2014

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. Ordinance of the Federal Minister of Health on the Rules of Business of the Arbitration Commissions (Arbitration Commission Regulation 2014-SchKV 2014)

Pursuant to § § 343a (3), 343b (3), 343d, 343d, 344, 345, 347 (4), 348f and 351 of the General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 187/2013, shall be arranged:

Section 1

Rules of Procedure of the Joint Arbitration Commissions

Legal position and seat

§ 1. (1) A joint arbitration commission shall be established in each federal state on the basis of § 344 ASVG.

(2) The Joint Arbitration Commissions shall have their seat

1.

in the country of Lower Austria

a)

in the years in which the Medical Chamber has to conduct the law-making business, in Vienna, as long as the seat of the Medical Association is located there, otherwise in the state capital;

b)

in matters relating to a dentist (Dentistin/Dentisten, dental group practice) or a midwife, in the state capital;

2.

in the province of Vorarlberg in Dornbirn;

3.

in the other countries in the respective state capital.

Responsibility

§ 2. (1) The Joint Arbitration Commission shall be responsible for:

1.

for the arbitration and decision of disputes between the contract doctor/contract doctor (medical contract-group practice) and the sickness insurance institution, which are in legal or actual connection with the individual contract, provided that: is not a decision on the effectiveness of a termination in accordance with § 343 (4) of the ASVG;

2.

for arbitration and decision-making of disputes between contract dentist (contract dentist/contract dentist, dental contract-group practice) and sickness insurance institution, which is in legal or actual form the relationship with the individual contract, unless it is a decision on the effectiveness of a termination according to § 343 (4) of the ASVG in conjunction with § 343d ASVG or § 349 paragraph 1 ASVG;

3.

for the arbitration and decision of disputes between midwives and sickness insurance providers, which are in a legal or actual relationship with the contractual relationship.

(2) The local jurisdiction shall be determined by the professional seat of the contract doctor, the contract dentist (the contract dentist), the contract group practice or the midwife who is the subject of the contract. Litigation as a party is involved.

Composition, Term of office

§ 3. (1) The Joint Arbitration Commission shall consist of the Judge/Judge of the retirees appointed as Chairperson/Chairperson and of four members of the Advisory Board.

(2) The Chairperson and the Vice-Chairman shall be appointed by the Federal Minister of Justice in accordance with Section 344 (2) of the ASVG. The term of office shall be five years.

(3) The participating insurance institution and the legal representation of interests, whose members/relatives are involved in the dispute as a party, have to appoint two co-sitters for the individual dispute. At the same time, two alternate members shall be appointed for each member of the sitter. The Order of Advice (Deputy Order) shall be notified without delay to the other place responsible for placing the order.

(4) If a Beisitzer (Deputy/Deputy) is not appointed by the office within four weeks after the request by the office (§ 4), the right of the order to be placed on the order shall be the Federal Minister of Health.

Management of the law firms, office

§ 4. (1) In the other calendar years, in the other calendar years, the law firms are alternated alternately, in calendar years with a straight year, from the local legal representation of interests, from the local area health insurance fund, (office). This also applies to procedures that have been pending before an annual change.

(2) The Office shall, in particular:

1.

to arrange for the timely appointment of the co-sitters of the Joint Arbitration Commission and to take the necessary measures;

2.

a list of the appointed members of the chair and their alternates to the chairpersons and their deputiors and/or their deputised members. whose deputy is to be transmitted.

(3) In addition, the Office shall provide a secretary for the meetings and negotiations of the Joint Arbitration Commission and a suitable seat (negotiation) room.

(4) The office responsible at the time of the initiation of the arbitration procedure shall ensure the final storage of the procedural documents (files); after four years after the expiry of the legal force of the procedural decision, it may be possible to: these are also effected by means of microfilm, data carriers or the like. The retention period shall be 30 years from the end of the year in which the procedural decision is in legal force. After the end of the retention period, the data contained thereon shall be deleted or to destroy it. Appropriate data security measures according to § 14 of the German Federal Act on the Protection of Personal Data (Data Protection Act 2000-DSG 2000), BGBl, are accordingly appropriate for the respective data carrier. I No 165/1999, in particular with regard to access authorisation, protocol management and documentation.

Initiation of proceedings

§ 5. (1) Applications to the Joint Arbitration Commission shall be submitted in writing to the office of the Office (§ 4). The application shall be made up of six copies, one of which is intended for the respondent and the members of the Joint Arbitration Commission.

(2) The application shall contain a presentation of the dispute, the designation of the necessary evidence and a specific desire. Documents shall be included in the original or transcript.

(3) A breach of the last sentence of the first sentence and (2) is one of the defects in written application within the meaning of Section 13 (3) AVG.

(4) The office of office (§ 4) shall immediately submit the applications and direct copies to be submitted to the Chairman of the Joint Arbitration Commission.

Contraption

§ 6. (1) The Chairman shall have the delivery of the copy of the application to the respondent's opponent. He/she is free to submit a copy to the office within a period of four weeks. The transcript is to be followed by six headings, one of which is intended for the applicant and the members of the Joint Arbitration Commission; in the event of an infringement, Article 13 (3) of the AVG is to be applied. The Chairperson shall have the delivery of the transcript designated for the applicant/applicant to the applicant.

(2) The office shall provide the members of the Joint Arbitration Commission to the members of the Joint Arbitration Commission and the equivalent.

Oral proceedings

§ 7. The Joint Arbitration Commission shall, as a general rule, have within four weeks after the reply has been received, or after the expiry of the time limit for the refund of a reply.

1.

to decide on the basis of the file situation in the case itself, or

2.

decide what evidence should be included and whether an oral hearing is to be held.

(2) The charges for oral proceedings must be sent no later than two weeks before the oral proceedings. The charge of the members of the Joint Arbitration Commission has to contain the addition that in the event of the prevention of this, the office (§ 4) must be notified.

(3) All members of the Joint Arbitration Commission shall be entitled to raise appropriate questions to the parties, witnesses and experts to determine the facts of the case. This right is also the right of the parties.

SchlichtungsAttempt

§ 8. In the event of the conduct of oral proceedings (§ 7), the Joint Arbitration Commission must first attempt to settle the dispute.

Management and conclusion of the negotiation (consultation)

§ 9. (1) The Chairman shall be responsible for the negotiation (consultation).

(2) The oral proceedings must be concluded after the acceptance of the admissible introduction of all the parties concerned, the end of the taking of evidence and a full discussion of the facts.

(3) Each oral proceedings shall be subject to a transcript to be signed by the chairman.

Decision-making

§ 10. (1) The decision-making capacity of the Joint Arbitration Commission shall be given if all the members of the Commission were present during the oral proceedings, during the deliberations and in the decision-making process.

(2) The Joint Arbitration Commission shall, in the absence of the parties, decide by a decision with a simple majority on the basis of the results of the investigation procedure; a abstention is not admissible. The chairman has to cast her/his/her voice last. Advice and decision-making shall be subject to a separate minutes, which shall be completed by the chairman.

Copy of the hardware

§ 11. § 18 AVG is to be applied with the proviso that in the communication of the Joint Arbitration Commission the names of the members who participated in the decision and the Genehmiding pursuant to Section 18 (3) and (4) of the AVG are to be named. Chairman is. The office shall establish the necessary number of copies and arrange for the notification to be delivered to the parties.

Cost

§ 12. (1) The co-sitters of the Joint Arbitration Commissions have to perform their duties on an honorary basis.

(2) The chairpersons of these Commissions receive compensation. This will be borne by the relevant legal representation of interests and the insurance institutions involved in the proceedings, half of which are to be considered.

(3) The costs of the Joint Arbitration Commissions, including the expert fees, shall be borne by each half of the relevant legal representation of interests and of the insurance institutions involved in the proceedings.

Section 2

Rules of Procedure of the National Arbitration Commissions

Legal position and seat

§ 13. (1) For each federal state, a state arbitration commission is established on the basis of Section 345 (1) of the ASVG.

(2) The Land Arbitration Commissions shall have their seat

1.

in the country of Lower Austria

a)

in the years in which the Medical Chamber has to conduct the law-making business, in Vienna, as long as the seat of the Medical Association is located there, otherwise in the state capital;

b)

in matters relating to a dentist (Dentistin/Dentisten, dental group practice) or a midwife, in the state capital;

2.

for the State of Vorarlberg in Dornbirn;

3.

for the other countries in the respective state capital.

Responsibility

§ 14. (1) The State Arbitration Commission is responsible:

1.

for the arbitration and decision of disputes between the parties to an overall contract in accordance with § § 343d, 345 and 351 ASVG;

2.

on the decision on the effectiveness of a dismissal according to § 343 (4) of the ASVG and § 343 (4) ASVG in connection with § 343d ASVG and § 349 paragraph 1 ASVG;

3.

for the decision on applications pursuant to § 343 (1b) ASVG.

(2) In the case of disputes arising out of an overall contract, the seat of the legal representation of interests involved in the proceedings shall be decisive for the local jurisdiction. Without prejudice to this, the Regional Arbitration Commission is responsible for Lower Austria if the interests involved are the Medical Association of Lower Austria. In the case of disputes arising out of a contractual relationship as referred to in paragraph 1 Z 2, the local jurisdiction shall be determined by the professional seat of the contract doctor, the contract dentist/contract dentist (the contract dentist/the contract dentist), the medical or dental contract-group practice or the midwife who is involved in the dispute procedure as a party.

Composition, Term of office

§ 15. (1) The State Arbitration Commission shall consist of the judge appointed by the Federal Minister of Justice as chairperson/chairperson of the retirement age and of four co-sitters. The term of office of the Chairman (Deputy/Deputy) shall be five years.

(2) The Chairperson and the Vice-Chairman shall be appointed by the Federal Minister of Justice in accordance with Section 345 (1) of the ASVG. Two co-sitters will be sent by the relevant legal representation of interest and by the main association.

(3) The main association and the relevant legal representations of interests must send the members of the advisory board to the regional arbitration commission for the individual dispute. At the same time, two alternates are to be sent for each side-sitter. The posting of the members of the co-sitter shall be notified without delay to the other authorities responsible for sending the sittresses/consitors.

Procedure

§ 16. (1) With regard to the management of the law firms, the initiation of proceedings, the transcript, the oral proceedings, the temptation of mediation, the management of the proceedings (deliberation), the decision-making and the preparation of the proceedings § 4 (1), (3) and (4) and § § 5 to (11) shall apply in the appropriate way.

(2) The Office shall also:

1.

to initiate the timely deployment of the co-chairmen of the State Arbitration Commission and to take the necessary measures and

2.

a list of the appointed members of the chair and their alternates to the chairpersons and their deputiors and/or their deputised members. whose deputy is to be transmitted.

Cost

§ 17. § 12 shall apply mutatily.

Section 3

Rules of procedure of the Federal Commission

Legal position and seat

§ 18. On the basis of § § 343d para. 1, 346, 348f and 351 ASVG, a federal arbitration commission with its seat in Vienna is hereby established.

Responsibility

§ 19. The Federal Arbitration Commission is responsible:

1.

the fixing of the content of a contract for a maximum period of three months;

2.

for the arbitration and decision of disputes in accordance with § § 348c, 348d and 348e ASVG.

Composition, Term of office

§ 20. (1) The Federal Arbitration Commission shall consist of the active Judge/Judge of the Supreme Court appointed by the Federal Minister of Justice as Chairperson/Chairperson and of four other co-sitters, two of which shall be appointed by the Appropriate legal representation of interests and the main body will be sent. The term of office shall be five years.

(2) The Chairperson and the Vice-Chairman shall be appointed by the Federal Minister of Justice in accordance with § 346 of the ASVG.

(3) The relevant legal representation of interests and the main association shall send the members of the co-sitter for the following term of office no later than three months before the beginning of the term of office. At the same time, two alternates/deputisers must be appointed for each member of the sitter. to be sent. The posting is to be immediately announced to the Federal Ministry of Justice.

(4) The members of the Federal Arbitration Commission shall be appointed by the Federal Minister for Justice (Section 346 (3) of the ASVG).

(5) Depending on whether this is a matter which concerns doctors, dentists/dentists (Dentistinnen/Dentisten), medical or dental group practices, midwives or pharmacists, the following are: To use the members of their legal representation to negotiate with them.

Management of the law firms, office

§ 21. (1) The Federal Arbitration Commission shall be held annually alternately, in calendar years with a straight annual number, from the relevant legal representation of interests, in the other calendar years from the main body, to lead (office). This also applies to procedures that have been pending before an annual change.

(2) § 4 (3) and (4) as well as § 11 shall apply in a reasonable way.

Procedure for the determination of the contract

§ 22. Applications for the determination of the content of a announced total contract (§ 19 Z 1) are to be submitted to the office of the Federal Arbitration Commission in writing. The application shall be made up of six copies, one of which is intended for the respondent's defendant and the members of the Federal Arbitration Commission. The request shall be justified. The necessary evidence shall be designated, documents shall be included in the form of the document or in copy. In addition, § § 6 to 11 shall apply mutatily.

Proceedings in matters pursuant to § 19 Z 2

§ 23. § § 5 to 11 are to be applied in accordance with § § 19 Z 2.

Cost

§ 24. § 12 shall apply mutatily, where the main body shall be replaced by the insurance institution concerned.

4. SECTION

Transitional and final provisions

§ 25. (1) This Regulation shall enter into force 1. Jänner 2014 shall apply to proceedings pending at the time of the respective arbitration commissions.

(2) The Regulation of the Federal Minister of Health on the Rules of Business of the Arbitration Commissions (Arbitration Commission Regulation 2010-SchKV 2010), BGBl. II No 446/2010, enters into force on 31 December 2013.

Stöger