173. Federal law amending the nursing home law

The National Council has decided:

Amendment of the nursing home law

The nursing care law, BGBl. I No 57/2011, shall be amended as follows:

1. In the title, the phrase "for the years 2011, 2012, 2013 and 2014" through the phrase "for the years 2011 to 2016" replaced.

2. § 2 para. 2, first sentence reads:

" (2) The care fund will provide the countries with a special purpose grant each year for the period 2011 to 2016, in order to partially cover expenditure related to the measures referred to in Article 3 (1) and (2), for the year 2011 in the amount of 100 million euros, for the year 2012 in the amount of 150 million euros, for the year 2013 in the amount of 200 million euros, for the year 2014 in the amount of 235 million euros, for the year 2015 in the amount of 300 million euros and for the year 2016 in the amount of 350 million euros. "

3. In accordance with § 2, the following § 2a together with the heading is inserted:

" Level of Supply, Indicative Supply Degree

§ 2a. (1) The level of supply in the Land shall be determined by the ratio of the number of persons in the Land concerned in the Land in the calendar year under the supervision and care services referred to in § 3 (1) Z 1, 2, 3, 4 and 6, plus the persons to whom or whose relatives are granted grants for the purpose of supporting the 24-hour care, to the number of persons with entitlement to care allowance under the Federal Nursing Money Act, BGBl. No 110/1993, as amended by the annual average.

(2) The indicative level of supply shall be a target value and shall be set at 50 vH for the years 2011 to 2013, 55 vH for the years 2014 to 2016.

(3) The design of the care and/or Advisory services are the responsibility of the respective federal state and comply with regional requirements. "

4. § 3 (1) to (4) are:

" (1) The purpose grant in accordance with § 2 (2) shall be granted for the securing as well as for the establishment and establishment of the care and care services of the countries in the field of long-term care for ongoing operation, namely for offers

1.		on mobile care and care services;
2.		on stationary care and care services;
3.		In-day care of part-time;
4.		Short-term care in stationary facilities;
5.		a case-and car management system;
6.		of alternative forms of living.

(2) Weiters shall be granted the purpose grant for accompanying quality assurance measures and for innovative projects.

(3) Under

1.		The security referred to in paragraph 1 shall be the totality of the care and care services provided for in paragraphs 1 and 2, provided that the level of supply in accordance with Section 2a (1) reaches or exceeds the level of guidance provided for in Section 2a (2);
2.		From or The structure referred to in paragraph 1 shall be the totality of the care and care services provided for in paragraphs 1 and 2, provided that the level of supply in accordance with Section 2a (1) falls below the level of the indicative supply in accordance with Section 2a (2).
The intended grants shall be used as a priority for measures which are not attributable to the stationary area referred to in paragraph 1 (1) (2). This is true if the care in the care and care services pursuant to § 3 (1) Z 1, 3, 4, 5 and 6 in the Land is in the calendar years 2014 and 2016 above the supply in the calendar year 2011. If the condition of the non-stationary supply is not fulfilled in the calendar year 2016, § 7 para. 7 Z 2 will be applied.

(4) Mobile services within the meaning of this Federal Act are offers

1.		social care or
2.		Care or
3.		assistance in budgetary management, or
4.		of hospice and palliative care "

5. § 4 first sentence reads:

"The funds infused to the countries pursuant to § 2 para. 2 shall be used for the tasks listed in § 3 (1) and (2)."

6. In § 5 (1), last sentence, the word order shall be "for the years 2011 to 2014" is deleted.

7. In § 6 (3), last sentence, the phrase "§ 7 (4) and (5)" through the phrase "§ 7 (5) to (7)" replaced.

8. § 7 reads:

" § 7. (1) In the event of the use of the purpose grant for the security pursuant to § 3 (3) (1) (1) (1), the Land shall be required to use the dedicated use by means of a declaration of net expenditure and other expenses in the accounting period.

(2) The amount of net expenditure in the accounting period shall be determined on the basis of the maintenance service statistics compiled by Statistics Austria in accordance with PDStV 2012. The amount of other expenses shall be determined on the basis of the reports of the Länder.

(3) In the event of the use of the purpose grant for the purpose of construction or construction in accordance with § 3 (3) (2) (2), the Land has to use the dedicated use by means of an explanation of the additional expenditure in the accounting period.

(4) The increase in expenditure in the accounting period shall be the difference between the expenditure incurred in the accounting period and the expenditure in 2010.

(5) The declarations referred to in paragraphs 1 and 3 of the previous calendar year shall, for the first time by 30 September of a calendar year, for the first time by 30 September of a calendar year, have the responsibility of each country to the Federal Ministry of Labour, Social Affairs and Consumer Protection for the purpose of accounting for the purpose grant. September 2012. In the event that the declaration is not submitted, the Federal Government may charge or reclaim up to two-thirds of the grant granted in the future with partial amounts due in the future, provided that a grace period of four weeks has passed unused.

(6) Non-consumed means may be transferred to a maximum of 40 vH in the following year. In addition, unused funds shall be deducted from the statement of the partial amount due in November of the following year. In the event that special purpose shares for the year 2016 have not been used up, they shall be returned to the Federal Government without delay. In the years 2013 and 2014, each federal state may, on request, prefer additional funds for the training and development of care services from the following years. For each Land, it must be ensured that the amount of the advance can be maximally so high that no less money will be available in the subsequent years than in previous years.

(7) In the event that:

1.		the data to be transmitted in accordance with § 5 (2) and (3) for the year 2016 has not been submitted until 30 September 2017, or
2.		the condition of the non-stationary supply of non-stationary supplies in accordance with § 3, paragraph 3, penultimate sentence, is not fulfilled in 2016,
shall be reimbursed immediately to the Federal Government for the purpose of the 2016 budget. "

9. § 10 together with headline reads:

" Entry into

§ 10. (1) The title as well as the § § 2 para. 2, first sentence, 2a, 3 para. 1 to 4, 4 first sentence, 5 para. 1 last sentence, 6 para. 3 last sentence and 7 in the version of the Federal Law BGBl. I No 173/2013 will come into effect retroactively with 30 July 2011. "

Fischer

Faymann