Health Reform Law 2013

Original Language Title: Gesundheitsreformgesetz 2013

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81. federal law, which enacts a federal law on the taxation of the target of partnership-health (Health-Target Control Act-G-ZG), as well as the federal law on hospitals and health-care institutions, the General Social Insurance Act, the Industrial Social Security Act, the Farmers-Social Insurance Act, the Official Health and Accident Insurance Act, the Social Insurance Supplementary Act, the Unemployment Insurance Act 1977, the Special Support Act, the Army Supply Act, which War Soprano Pension Act 1957, the Family Law Balancing Act 1967, the Health Quality Act, the Medical Act 1998, the Federal Act on Health Austria GmbH, the Private Sickness Funds Act and the Federal law on health documentation is amended (Health Reform Act 2013)

The National Council has decided:

table of contents

Article 1

Federal Law on Partnership Target Control-Health

Article 2

Amendment of the Federal Act on hospitals and health care institutions

Article 3

Amendment of the General Social Insurance Act

Article 4

Amendment of the Industrial Social Insurance Act

Article 5

Amendment of the Farmers-Social Security Act

Article 6

Amendment of the Staff Regulations-Health and Accident Insurance Act

Article 7

Amendment of the Social Security Supplementary Act

Article 8

Amendment of the 1977 Unemployment Insurance Act

Article 9

Amendment of the Special Support Act

Article 10

Amendment of the Army Supply Act

Article 11

Amendment of the War sacrificial Supply Act 1957

Article 12

Amendment of the Family Law Compensatory Act 1967

Article 13

Amendment of the Health Quality Act

Article 14

Amendment of the Medical Act 1998

Article 15

Amendment of the Federal Act on Health Austria GmbH

Article 16

Amendment of the Private Sickness Fund Act (Private Sickness Fund Act)

Article 17

Amendment of the Federal Act on Documentation in Health Care

Article 1

Federal Law on Partnership Target Control-Health (Health-Health-Target Control Act-G-ZG)

table of contents

Section 1
General provisions

§ 1.

Subject matter

§ 2.

Scope

§ 3.

Definitions

Section 2
Health policy principles

§ 4.

Orientation towards the framework-Health objectives and public health

§ 5.

Principles, objectives and fields of action of the target control-health

§ 6.

Patient orientation and transparency

§ 7.

Quality assurance in the context of target control-health

Section 3
Setting up and running the target control-health

§ 8.

Multi-stage of the target control process

§ 9.

Ratio of target control-health to ÖSG/RSG

Section 4
Concretization of the target-health partnership-Health

§ 10.

Orientation of the target control-health

§ 11.

Result orientation control area

§ 12.

Control Area Supply Structures

§ 13.

Control Area Supply Processes

§ 14.

Preferences and content of the country-Target tax treaties

§ 15.

Annual work programmes

Section 5
Determination of financial target management

§ 16.

Financial Objective Control-General provisions

§ 17.

Content and subject of the financial framework contracts

§ 18.

Virtual Budget

§ 19.

Strengthening health promotion

6.
Decision structures and organization

§ 20.

Organization of the Federal Health Agency (pursuant to § 56a of the Federal Act on hospitals and courtrooms)

§ 21.

Federal Health Commission

§ 22.

Federal-Target Control Commission

§ 23.

Participation of the Federal Government in the institutions and bodies of the State Health Fund

§ 24.

Participation of statutory health insurance in the institutions and bodies of the State Health Fund

Section 7
Definitions for monitoring and reporting

§ 25.

Implementation of a monitoring and reporting system

§ 26.

Process steps

§ 27.

Detailed rules for monitoring and reporting

8. Section
Rules on the sanction mechanism

§ 28.

General

§ 29.

Arrangements for non-achievement of defined objectives

§ 30.

Arrangements for breaches of the agreement pursuant to Art. 15a B-VG Target tax health, the federal target tax treaty or the country-Target tax contracts

§ 31.

Regulations for non-implementation of the federal government tax treaty or the country-to-target tax treaties

§ 32.

Dispute settlement procedure for disputes arising from the federal target tax treaty or the country-Target tax treaties within the framework of the target control-Health

Section 9
Closure and transitional provisions

§ 33.

Citation of other federal laws

§ 34.

Implementation of the Federal Act

§ 35.

entry into force

§ 36.

Transitional provisions

Section 1

General provisions

Subject matter

§ 1. (1) The Federal Government and the statutory health insurance have, in accordance with the following provisions, together with the Länder, within the scope of their competence responsibilities, an integrative partnership objective management-Health for the To set up and develop the structure and organisation of Austrian healthcare. This federal law does not affect the powers of the countries for legislation and enforcement.

(2) The concretization of this target control-health has to be determined on the basis of comparable, effect-oriented qualitative and quantitative

1.

Supply Targets

2.

Planning Values

3.

Supply processes and structures

4.

Result and quality parameters

shall be made. Building on this is an integral part of a

5.

To establish financial target control.

(3) The implementation of the partnership objective management-health has to ensure the principle of impact orientation in health care through the further development of organization and control mechanisms at the federal and state level.

Scope

§ 2. In terms of structural and organisational aspects, the goal of controlling health in partnership is to encompass all intra-and extramural areas of the Austrian healthcare system as well as affected seam areas.

Definitions

§ 3. In the sense of this federal law, the terms mean:

1.

"Outpatient area": outpatient health care in hospital bullets, self-employed outpatients and in the established area (in particular medical assistance and equivalent benefits in the sense of social security law).

2.

"Best point of service": Jene Stelle, where the provision of the curative care takes place at the right time in the right place at the right place with optimal medical and nursing quality as economically as possible economically as possible.

3.

"Health in all policies (health in all policy areas)": Effective and sustainable promotion of public health through increased consideration of health and determinants of health in areas other than those directly related to health competent political sectors.

4.

"Health Technology Assessment (HTA)": Process for the systematic evaluation of medical technologies, procedures and tools, but also organizational structures in which medical services are provided. Criteria such as effectiveness, safety and costs are examined, taking into account social, legal and ethical aspects.

5.

"Integrated care": The patient-oriented joint and coordinated cross-sectoral healthcare, including adjacent areas (acute care, outpatient care, rehabilitation, interface to the nursing care sector). It includes process and organizational integration.

6.

"Interdisciplinary Supply Models": Co-operation of physicians of different departments (general medicine, internal medicine, gynaecology, laboratory, radiology, etc.) as well as from non-medical health service providers (diplomized Nursing staff, physiotherapists, physiotherapists, etc.) in group practices or self-employed outpatient clinics as well as, where appropriate, in further organisational forms to be developed.

7.

"Primary Health Care": The first contact point for all people with health problems in the sense of a comprehensive basic supply. It is intended to coordinate the supply process and ensures holistic and continuous support. It also takes into account social conditions.

8.

"Public Health": the creation of social conditions, environmental conditions and conditions of a needs-based and effective and efficient health care for which populations can live healthily.

9.

"Statutory Health Insurance": Those established by the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act or the Official-Health and Accident Insurance Act and in the Main association of the Austrian social insurance institutions insurance institutions as providers of health insurance.

10.

"Target tax contracts": the Federal Government, the Länder and the statutory health insurance (the Federal-Target Tax Treaty) or the Federal Government. the respective country and statutory health insurance (national target tax contract) concluded private-law contracts for the joint implementation of the target tax health, whereby for the disputes of the contractual partners exclusively the Regime of the 8th Section is available.

Section 2

Health policy principles

Orientation towards the framework-Health objectives and public health

§ 4. (1) In the sense of "Health in all Policies", the further development of goals, structure and organisation of health care in the context of the target control-health in accordance with the decision to be decided by the Federal Health Commission Framework health objectives. The Federal Health Commission has to concretize the framework health objectives. In the specification of the state health goals through the health care platform at the state level, the federal government and statutory health insurance have in common with the countries to ensure that any already defined health goals in accordance with with the framework health objectives.

(2) The Federal Government and the statutory health insurance have to orient themselves at the federal and state level in the implementation of their measures within the framework of the target control-health to Public Health principles. These are, among other things:

1.

Orientation towards a comprehensive health concept,

2.

systematic health coverage,

3.

Further development of the Organisation and the tasks of the Public Health Service (ÖGD),

4.

supply research in order to ensure demand-oriented planning, development and evaluation,

5.

Strengthening interdisciplinarity in care and in research and development with the objective of improving health for all and reducing health inequalities.

Principles, objectives and fields of action of the target control-health

§ 5. (1) As principles within the framework of the target control-health must be followed:

1.

the promotion of health promotion and prevention,

2.

in the case of illness, the curative care at the "best point of service",

3.

the binding commitment of the federal government, countries and statutory health insurance to active cooperation and mutual support in the implementation of the jointly agreed goals,

4.

patient-oriented quality in health care has to increase the effectiveness and efficiency of health care,

5.

the data necessary for the target control, including the integrated planning, shall be made available for all sectors in a correspondingly prepared and comprehensible form.

(2) In order to achieve these principles, the following objectives must be implemented, in particular within the framework of the target control health:

1.

Targeted health promotion and prevention, strengthening evidence-based early detection and early intervention,

2.

Improve access to and availability of all necessary services

3.

Coordinate the range of services in all sectors, design patient-and needs-oriented, and prevent parallel structures. ,

4.

ensure high quality of treatment and make it more transparent,

5.

Improve treatment processes, in particular by addressing organizational and communication deficits,

6.

to intensify routine measurement of supply effectiveness,

7.

Align financing and reward systems more closely with the supply needs,

8.

on all levels of care, the establishment of multi-professional and inclusive forms of supply should be given priority over single-power providers.

(3) In order to pursue these common goals, the following fields of action must be worked on within the framework of the target control-health:

1.

The "best points of service" are to be defined by means of supply orders and the right start-up and further treatment points are to be made transparent. The financing is to be adapted to performance shifts across sectors (Article 17 (1) (6) and (6)). Section 17 (2) (7)).

2.

The inpatient area in the acute care hospitals is medically and economically justified shifting of services into the daily clinical and/or clinical trials. to relieve outpatient care. The provision of services must be developed in accordance with the requirements of § 3 Z 1 in particular in the outpatient sector and must be adapted to each other and to be determined with regard to the services offered. Furthermore, on the basis of objective cost and benefit assessments, taking account of existing outsourcing, it is necessary to undertake relocations in the direction of more efficient structural alternatives and to reduce inefficient structures. Parallel structures-especially outpatient specialist medical care in the established and acute-bulky area-are to be dismantled.

3.

The area of primary health care ("Primary Health Care") is also to be strengthened according to the international model in the established area.

4.

For selected disease patterns, care standards are to be defined on patient needs.

5.

In order to improve the supply processes, especially in the case of chronic diseases, disease management programs are to be developed and implemented, interdisciplinary and multi-professional coworking methods are to be developed and treatment processes are to be developed. define.

6.

A comprehensive, comparable, systematic and standardised quality management system (with comprehensive measurement of the quality of the results) is to be established both in the intramural and extramural areas.

7.

Financing and payment systems shall be designed in such a way as to support the objectives of the target management-health (in particular, the "best point of service").

In the processing of the fields of action according to Z 4 and 5, taking into account scientific evidence, among other things, the relevant legal advocacy groups and patient organisations and advocacy groups, as well as the otherwise, will be considered. medical professional associations concerned.

Patient orientation and transparency

§ 6. (1) In the sense of patient orientation, the health competence of the population is to be strengthened in such a way that the active participation of the persons concerned in decision-making processes is possible with regard to their state of health. The possibilities of information and communication technology in the health sector are also to be applied.

(2) Surveys on the subjective state of health of the population and cross-sectoral patient surveys must be carried out on a regular basis.

Quality assurance in the context of target control-health

§ 7. (1) The Austrian quality work has to include the levels of structure, process and result quality.

(2) In the field of the quality of results, the following shall be determined:

1.

For the stationary sector, the system of results quality measurement and assurance based on routine documentation is to be continued and expanded using peer review procedures and in addition to quality registries at the federal level.

2.

Taking into account international models and experiences within 18 months, the Federal Government of the Federal Government has an adequate, comparable system for measuring the quality of results for the health service providers in the outpatient sector. and to ensure that they are implemented and then implemented. Social insurance, the Austrian Medical Association and the Austrian Chamber of Commerce (as a representative of health companies within the meaning of section 149 (3) of the General Social Insurance Act, BGBl) are also in the process of drafting. No 189/1955).

(3) In the area of process quality within the framework of the target control health, uniform quality standards are to be established in close Konnex with the fields of action of the target control-health (§ 5 para. 3 Z 4 and 5) throughout Austria.

(4) In the field of structural quality, the criteria are laid down in the Austrian Structural Plan for Health (ÖSG).

Section 3

Setting up and running the target control-health

Multi-stage of the target control process

§ 8. (1) The target control process within the framework of the target control-health must be carried out according to scientifically established methods.

(2) The strategic objectives and the measures to be taken to achieve the objectives are to be agreed and binding in four-year contracts at the federal level (accrual-based federal-target-tax contracts). At the state level, the statutory health insurance has to agree on the strategic objectives and the measures to be implemented in four-year accrual country-related country-to-target tax contracts with the respective country and to make binding . The concrete implementation has to be done in annual work programmes.

(3) In the sense of strategic cooperation and coordination, the following process steps are to be carried out at the federal level:

1.

The detailed design of the target control-health at the federal level and any measures to be implemented at the federal level are by the federal government and the statutory health insurance together with the federal states by federal-to-target tax treaties , taking into account overall economic impacts and regional needs. These contracts are those in the 4. and 5. Section to include content.

2.

In the Federal-Target Control Commission, the draft for the Federal-Target Tax Treaty is to be advised and for decision-making to be recommended by common accord of the Federal Government, the main association of Austrian social insurance institutions and the Länder. Prior to this, the draft may be submitted to the members of the Federal Health Commission for the submission of any written opinion. After approval by the respective competent organs of the Federal Government and the statutory health insurance by the Main Association, the contract shall be legally binding legally binding and shall be made legally binding upon decision-making by the carrier conference. after legally binding underproduction by the countries of legal validity. Within 14 days of the Federal-Target-Control Commission and the Land-Target Control Commissions, the underwritten Federal-Target Tax Treaty is to be brought to the attention of the Federal Government. The Federal Minister for Health has to publish the current federal target tax treaty on the homepage of the Federal Ministry of Health.

3.

The draft of the first federal target tax treaty for the years 2013 to 2016 has to be submitted by 30 June 2013. Federal target tax contracts for the further periods are to be set up to the middle of the year preceding the period preceding the period. Any adaptations of existing federal target tax contracts must also be submitted by the middle of the year at the latest, which precedes the year in which these adaptations are relevant for the target control health.

4.

The federal target tax treaties are to be specified in relation to the individual years, if necessary to adapt and to operationalize in annual work programmes at the federal level. The annual work programme for measures at the federal level for the year 2013 is to be agreed at the same time as the first federal target tax treaty. The annual work programmes for the following years shall be agreed by the German Federal Government's Target Control Commission by the end of the previous year at the latest.

5.

A federal, effective and efficient monitoring and reporting system at the federal level is in accordance with the regulations in the 7. Set up and implement the section.

(4) The statutory health insurance is at the state level in the sense of a strategic cooperation and coordination together with the countries for the achievement and implementation of the goals and cooperation established in the target control-health , in particular in accordance with the following process steps in Z 1 to 4:

1.

For the detailed design of the target control-health at the state level, the statutory health insurance has to agree a country-to-target tax contract based on the contractual provisions at the federal level with the respective country. . These contracts are those in the 4. and 5. Section to include content. The country and the statutory health insurance scheme, which is concluded between the Land and the statutory health insurance, including the financial framework agreement to be agreed in accordance with § 16, shall be binding, and the sanctions mechanism shall apply in the event of non-compliance with the provisions of the 8. Section.

2.

In the country's target steering committee, the draft for a country-to-target tax treaty is advised and recommended by common accord for decision-making in the relevant bodies of statutory health insurance and the country. If this draft is the federal target tax treaty or The Federal Government has a right of veto. The contract is, after approval by the competent authorities of the competent local area sickness insurance fund, the insurance institution for the public servants, the social security institution of the commercial economy, the The social security institution of the farmers and the insurance institution for railways and mines is legally binding to be legally binding and, after legally binding under-production by the country, obtains legal validity. If a contract is not signed by all of the above-mentioned statutory health insurance institutions in the country, the contract between the signatory parties shall nevertheless be concluded, provided that the Federal Target Tax Commission is to be expected to This does not endanger the achievement of goals and therefore does not veto. Within 14 days, the country's target tax contract will be brought to the attention of the German Federal Government's target steering committee and the respective country's target steering committee.

3.

The draft of the first country's target tax treaty for the years 2013 to 2016 is due to be held until 30 September 2013. Country-to-country tax contracts for the further periods are available until the end of November of the year preceding the period preceding. Any adaptations of existing country-to-target tax contracts will also be available by the end of November of the year preceding the year in which these adaptations will become relevant to the target control.

4.

The country's target tax treaties are defined at the respective country level with respect to the individual years, if necessary adapted, as well as operationalized in annual work programmes and implemented in the respective field of action. The annual work programme for the measures at the national level for the year 2013 will be agreed at the same time as the first country-to-target tax treaty. Annual work programmes for the following years shall be agreed at the latest by the end of the previous year in the respective country's target steering committee.

Integrated planning and ratio of target control-health to ÖSG/RSG

§ 9. (1) The integrated planning of the Austrian health care structure covers all levels and sub-areas of healthcare and adjacent areas and takes place on the basis of existing evidence and cross-sector. The binding basis for the integrated planning of the Austrian health care structure is laid down in the Austrian Structural Plan Health (ÖSG). The ÖSG represents the framework planning for the inpatient and outpatient care planning in the Regional Structure Plans Health (RSG).

(2) The German Federal Government and its implementation in the respective annual work programmes shall be based on the provisions of the Austrian Structural Plan for Health (ÖSG) which have already been agreed. The further orientation of the Austrian structural plan health is determined by the higher-level target control-health.

(3) The Federal Government and the statutory health insurance have to ensure that the country's target tax treaty and its implementation in the respective annual work programmes are based on the already agreed provisions of the respective regional Structural Plan Health (RSG) is based at the country level and is superordinated to the state. The structural measures agreed jointly within the framework of the target control health at the state level will be carried out in accordance with the requirements agreed in the German Federal Government and the Austrian Federal Government's Federal Government and the Austrian Federal Government. Structural plan health.

(4) On the basis of the central definitions and requirements of the target control-health, the Austrian structural plan health is a central planning instrument in structural and content terms and in accordance with the criteria supply, quality and efficiency, as well as the development of regional structural plans for health.

Section 4

Concretization of the target-health partnership-Health

Orientation of the target control-health

§ 10. (1) On the basis of the principles and objectives set out in the second section, the target control-health in the control areas

1.

Results orientation,

2.

Supply structures,

3.

supply processes and

4.

Financial targets in accordance with 5. Section

shall be specified.

(2) For all target agreements covered by the control areas within the framework of the target control health, the federal government and the statutory health insurance are to define evidence-based measurement variables and target values jointly with the countries.

Result orientation control area

§ 11. (1) In the steering field of results orientation, the federal target tax contracts shall contain, in particular, the following provisions:

1.

Nationwide framework for results-oriented supply targets and impact-oriented health goals derived from the framework health objectives,

2.

Documentation requirements (data basis: cross-sectoral, uniform diagnostic and performance documentation; pseudonymisation) for a nationwide monitoring of health and supply objectives,

3.

nationwide uniform measurement variables and target values for the measures, which are defined in the control areas supply structures and processes, whereby these should also be used for international comparisons and performance measurements,

4.

uniform requirements for cost-benefit assessments and evidence-based basic evidence (HTA) of diagnostic and treatment methods (including health promotion, screening and vaccination programmes),

5.

Coupling of health promotion and prevention measures to impact-oriented health objectives including mandatory evaluation.

(2) In order to implement the partnership objective management health in accordance with § 1 (1), regional health and supply targets are set in the country's target tax treaties, so that the federal guidelines for the result-oriented supply targets and impact-oriented health goals.

Control Area Supply Structures

§ 12. (1) In the area of control of supply structures, the federal target tax treaties have to contain, in particular, the following provisions in the form of bandwidths:

1.

Demand-oriented supply and power density in the acute and outpatient sector for the further development of the supply density in the direction of power density for all supply areas,

2.

Proportion of daily clinical performance or the outpatient service provision for specified selected services,

3.

Discharge of the fully inpatient sector in the acute care hospitals through medical and macroeconomic relocation of services in the daily clinical and/or clinical trials. in the outpatient sector, taking into account § 5 (3) (1), (2) and (3),

4.

Part of the outpatient care structure with opening hours at daytime and weekend times and the proportion of interdisciplinary supply models in the outpatient care structure,

5.

Strengthening primary health care, including in the established sector,

6.

Framework requirements for any affected seams,

7.

Framework requirements for the distribution of roles, areas of responsibility and supply contracts of outpatient care units,

8.

cross-border cooperation.

(2) In order to implement the target-management-health partnership in accordance with § 1 (1), the stated specifications in accordance with paragraph 1 shall be specified in the context of the period-based country-of-the-country tax contracts, based on regional requirements. Target values for the respective period of observation shall be determined by common accord. In addition, these contracts make provision for action-related implementation both in qualitative and quantitative terms, with the following measures, in particular, with regard to supply structures, which have a significant impact on the environment. for the provision of services in the other sector, shall be taken into account:

1.

Capacity adjustments in acute care hospitals, in particular by setting structural measures such as conversion into (disloted) weeks and/or Day-care clinics and base-hospitals or work of hospitals and hospitals with several locations, including provisions for the joint operation of selected functional areas,

2.

Capacity adjustments of extramural service provision (in particular, interdisciplinary supply models such as independent ambulatories, group practices or new innovative forms of supply to be established; extended opening hours) consideration of regional supply contracts to be determined, in particular in the case of new contracts;

3.

Establishment of interdisciplinary Central Reception And Initial Supply Units and Ambulant Initial Supply Units,

4.

Planning of hospital bullets in connection with the established medical specialists,

5.

Adjustment of the daily clinical and outpatient structures based on the agreed target performance volumes per area,

6.

Define the role distribution, areas of responsibility and supply contracts for each outpatient service level and binding cross-sectoral offer planning through the Regional Structural Plans Health,

7.

Setting "best points of service" by means of regional supply contracts differentiated according to the level of supply and the introduction of integrated supply models,

8.

Consideration of the "forward waiting time" and "utility efficiency" for each service provider in the regional capacity planning in the outpatient sector within the scope of the provisions in the RSG.

Control Area Supply Processes

§ 13. (1) In the area of control of supply processes, the federal target tax treaties have to contain, in particular, the following provisions as target agreements for the optimization of the treatment processes:

1.

Definition of the implementation of eHealth concepts (electronic health records, cross-sectoral diagnostic and performance documentation, eMedication, etc.),

2.

Reduction of preventable double and multiple findings, especially in the case of elective interventions by the implementation of the Federal Quality Guideline for Preoperative Diagnostics,

3.

Comprehensive definition and implementation of quality standards (e.g. Federal Quality Guidelines for admission and dismissal management),

4.

Offer of disease management programs and concepts for integrated care,

5.

operational measures for the implementation of § 24 para. 2 third and fourth sentence of the hospital and health care law, BGBl. No 1/1957,

6.

Measures for the effective and efficient use of drugs.

(2) At the federal level, as part of the target control health, a joint drug commission for the intra-and extramural area will be used in particular for high-priced and specialized medications (in the sense of remedies pursuant to § 136 para. 1 of the General Social Insurance Act) and its fields of application. Where:

1.

The task of the Joint Medicament Commission is to submit recommendations, at the request of a federal state or the main association of Austrian social insurance institutions, to the Federal-Target Control Commission, which are highly prize-winning and specialized drugs in which supply sector are used and which cost-reimbursement system or which supply sector will be responsible for the costs incurred. Before a recommendation is made, the companies entitled to the distribution shall be given the opportunity to submit their comments. Whereas the recommendations of the Joint Medicean Commission should be based on the "best point of service" and should be based, in particular, on the medical and therapeutic aspects of health and care, in order to: to ensure maximum service quality.

2.

The joint drug commission for the intra-and extramural sector includes three representatives of social security and the countries. The Federal Minister for Health (Federal Minister for Health) sends to the Commission three designated scientific experts in the field of medicinal products and, furthermore, a representative of the Federal Ministry of Health, the Federal Ministry of Health, the the Presidency. All members shall be entitled to vote. The recommendations shall be made with three-quarters majority, with the minority opinion being documented on request.

3.

The Federal Government of the Federal Republic of Germany has to decide on the recommendations of the Joint Medicinal Commission for the intra-and extramural area. The tasks of the Heilmittel-Evaluation-Commission according to § 351g of the General Social Insurance Act remain unaffected.

(3) In order to implement the partnership objective management health in accordance with § 1 (1), measures to optimise treatment processes through improved organisational and communication processes will be implemented in the country's target tax treaties. between all service providers. In particular, such measures shall be considered:

1.

Implementation of eHealth concepts (electronic health records, sector-by-sector uniform diagnostic and performance documentation, eMedication, etc.),

2.

Implementation of (cross-sector) guidelines and standards (e.g. admission and dismissal management, pre-operative diagnostics) for the treatment and care of chronic and frequent diseases,

3.

Patient control to the "best point of service",

4.

Implementation of evidence-based and quality-assured disease management programs as well as integrated supply concepts.

Preferences and content of the country-Target tax treaties

§ 14. The country's target tax treaties must not be contrary to the federal government's target tax treaty. Based on regional requirements, they have in particular the requirements of the German federal government tax treaty in the control areas "result orientation", "supply structures", "supply processes" and "financial targets" closer to concrete and the to take appropriate measures to implement them.

Annual work programmes

§ 15. Those in the target control contracts in the control areas "result orientation", "supply structures", "supply processes" and the financial target control (5). The provisions and measures taken are to be operationalised with a view to their timely implementation. Annual programmes shall be drawn up for this purpose.

Section 5

Determination of financial target management

Financial Objective Control-General provisions

§ 16. (1) The 4. Section concrete control areas are to complement a financial target control as an integral part of the target control-health. The aim of the financial target control is to gradually dampen the increase in public health spending in the first period of target control-health from 2012 to 2016, to the extent that annual spending growth in 2016 will be a value of 3.6 % (average nominal gross domestic product development according to the Federal Financial Framework Act). In the further periods, the annual increase in expenditure on the average development of the gross domestic product in accordance with the medium-term forecast for the Federal Financial Framework Act is to remain coupled in the respectively valid version. Financial target control is to be specified in financial framework contracts that are part of the accrual-related target-management contracts. These financial framework agreements have the health expenditure to be responsible for health care by the contracting parties in the context of the target control health, which will in future be implemented in the implementation of the partnership objective-health in accordance with § 1 (1) of a common financial responsibility of countries and statutory health insurance with regard to the use of funds.

(2) The basis of the financial objective is a cross-sectoral spending fight path. This expenditure fight path has a forecast of health expenditure without intervention, the nominal expenditure ceilings for public health expenditure (excluding long-term care) and the resulting damp effects in the growth of expenditure (expenditure control effects) annually and cumulatively over the period. These values shall be agreed for a first period up to 2016 in Articles 25 to 27 of the Agreement pursuant to Art. 15a B-VG Target Control-Health and to be agreed for further periods in the respective Federal-Target Tax Treaty, where: to take account of the agreement in accordance with Art. 15a B-VG on the organisation and financing of the health system in the version in force. These expenditure ceilings and expenditure control effects are to be presented in the financial framework contracts in the field of social security and in the area of the Länder at the federal level. Furthermore, these expenditure ceilings and expenditure control effects for the social security sector and for the area of countries in the implementation of the partnership objective management-health in accordance with § 1 para. 1 at the country level and merge at the national level into sectoral expenditure ceilings and expenditure control effects. Health expenditure in the area of pension insurance, accident insurance, health insurance companies and the federal government as well as investments are to be presented separately.

(3) The initial basis for the determination of nominal expenditure ceilings, including expenditure control effects at the federal level, and for the definition of sectoral and regional expenditure ceilings, are public health expenditure in its In analogy to the approaches of Statistics Austria on the basis of "Systems of Health Accounts (SHA)", the respective imprint.

(4) In the implementation of the partnership objective management-health in accordance with § 1 (1) (1), compliance with the expenditure control path at the federal and state level is based on partnership-agreed measures of measures within the framework of the Target control-To ensure health. To this end, the Federal Government and the statutory health insurance, together with the Länder, have to present, on the basis of financially assessed and comprehensible assumptions, a package of measures, which is appropriate in total, the agreed expenditure ceilings and the resulting expenditure control effects are actually to be achieved. Finally, the final achievement of objectives is based on compliance with the respective ceilings for expenditure.

(5) The determination of the health expenditure in the federal, state and social security sector, which is defined as relevant for the purpose of financial target control, has to be carried out in a transparent and comprehensive way. The methodology of the Austria-wide presentation and the expenditure attenuation path of the target control-health are defined in the period-related federal target control contracts. For the initial values, expenditure ceilings and expenditure control effects for the first period up to 2016, the stipulations and representations in Articles 25 to 27 of the agreement in accordance with Art. 15a B-VG target tax health shall apply, with the implementation of the It has to focus on targets in the period. The accounts required for the determination of public health expenditure and for the subsequent monitoring shall be mutually open and the corresponding data shall be identified.

(6) The distribution of expenditure ceilings by the countries themselves, including the expenditure control effects to be achieved, should be documented in the target tax treaties in accordance with Article 17 (1) and (2). Overcrowds in the expenditure control effects of the countries in one year can be credited to the following years, provided that the annual expenditure ceilings established are complied with.

(7) The distribution of expenditure ceilings, including the expenditure on expenditure to be achieved within social security institutions, and the allocation of expenditure ceilings and expenditure control effects in a country-by-country basis, are provided by the Social insurance and to document in accordance with § 17 (1) and (2) of the target tax treaties.

(8) The institutions of statutory health insurance have to pursue a revenue-oriented expenditure policy.

Content and subject of the financial framework contracts

§ 17. (1) At the federal level, the financial framework contracts for the respective period of the target control health shall, in any case, include the following content:

1.

For the nationwide cross-sectoral spending fight path of public health expenditure without long-term care:

a)

the initial value for the first year of each period,

b)

expenditure trends in the non-intervention period,

c)

the annual expenditure ceilings and the resulting annual expenditure ceilings;

d)

Annual and cumulative expenditure attenuation effects, as well as

e)

the allocation key for the expenditure fight effects on the two sectors.

2.

For the nationwide sectoral spending attenuation paths of the current public health expenditure relevant for financial target management:

a)

the initial values for the first year of each period,

b)

expenditure trends in the non-intervention period,

c)

the annual expenditure ceilings and the resulting annual expenditure ceilings;

d)

Annual and cumulative expenditure attenuation effects according to Z 1 lit. d and e

separately for countries and statutory health insurance.

3.

The division of the one in Z 2 lit. c and d Expenditure Ceilings and Expenditure Control Effects Derived Therefrom

a)

to the nine federal states,

b)

all institutions of the statutory health insurance and the

c)

country-by-country merger of lit. b.

4.

To be presented separately:

a)

investment,

b)

Health expenditure of pension insurance (in particular rehabilitation),

c)

Health expenditure of accident insurance,

d)

health care expenditure of the health care institutions,

e)

Federal health expenditure.

5.

The specific design of the differentiated statement of expenditure for the extra-and intramural sector as well as the generation of the necessary data bases is to be agreed in the first federal-target-control contract.

6.

Furthermore, in the first federal target tax treaty, the content-based nationwide framework regulations for the financing and clearing mechanisms to be provided at the country level in accordance with paragraph 2 Z 7 for agreed cross-sectoral agreements are To agree performance shifts.

(2) In order to implement the partnership objective management-health in accordance with § 1 (1), the financial framework agreements at the country level for the respective period of the target control-health for all nine federal states in any case comprise the following contents:

1.

Presentation of the expenditure attenuation path of the current public health expenditure of each country relevant to the financial target control:

a)

the initial value for the first year of each period,

b)

expenditure trends in the non-intervention period,

c)

the annual expenditure ceilings and the resulting annual expenditure ceilings;

d)

Annual and cumulative expenditure attenuation effects as per para. 1 Z 3 lit. a.

2.

Presentation of the expenditure attenuation path of the current public health expenditure of the statutory health insurance in the respective country relevant for the financial target control:

a)

the initial value for the first year of each period.

b)

the development of expenditure in the period without intervention.

c)

the annual expenditure ceilings of the statutory health insurance and the deducted therefrom,

d)

Annual and cumulative expenditure attenuation effects as per para. 1 Z 3 lit. c.

3.

The representation of the merged output fight path according to Z 1 and Z 2 for the respective state.

4.

The investments to the respective federal state are separated by country and by statutory health insurance.

5.

The presentation of the expenditure of both sectors follows a functional structure based on a federal report template: For the extramural area, a differentiated presentation of the expenditure according to the previous version will be the functional structure. In any case, a differentiated presentation of the main funding positions of the State Health Funds and the countries/municipalities will be made for the intramural sector. In addition, on the basis of the preliminary estimates and financial statements of the hospital operators and on the basis of the nationwide uniform data bases for the hospitals-cost calculation is also a material for the intramural sector. and functional aspects differentiated from these calculators, derivable expenditures-or Cost presentation (expenditure/costs for personnel, medical and non-medical products and consumer goods, including a separate presentation of the cures, medical and non-medical services, and for medical and non-medical services, and for the use of medical and non-medical services) Investment) is defined and supplemented. A differentiated representation according to functional and specialist areas is to be sought.

6.

The measures agreed in the country's target tax treaties shall be presented in financial terms as follows:

a)

Overall assessment of the measures presented in accordance with § 11 (2), § 12 (2) and § 13 (3) and

b)

their effect on the intra-and extra-mural range.

7.

Binding rules for cross-sectoral financing and settlement in accordance with paragraph 1 (6) of performance shifts caused by target management health, or from newly established supply forms.

(3) The financial target control, including the monitoring, as set out in the 7. Section required data are to be made available by the Federal Government, the main association of Austrian social insurance institutions and by the Länder.

Virtual Budget

§ 18. (1) The joint financial responsibility at the country level within the framework of the virtual budget refers to the financial framework agreements to be agreed in accordance with § 1 (1) of the Financial Framework Agreement in the course of the implementation of the target management of the partnership. 17 and includes:

1.

the effect of expenditure and expenditure ceilings; and

2.

the measures in accordance with Section 16 (4).

(2) The contents according to paragraph 1 (1) (1) are regulated in § 16 (4) and § 17 (2) (2) (1), (2) and (3).

(3) The contents according to paragraph 1 Z 2 are regulated in § 16 (4) and § 17 (2) (6) and (7).

(4) The statutory health insurance has in common with the countries responsible for the realization of the objectives agreed in the financial framework contracts, whereby the corresponding procedure in the non-achievement of targets and in the case of violations of the Financial framework contracts are regulated in § § 29 and 30.

Strengthening health promotion

§ 19. (1) The statutory health insurance has, in accordance with the provisions of Article 23 of the Agreement in accordance with Art. 15a B-VG Target tax health, to strengthen health promotion and prevention in accordance with the provisions of Article 23 of the Agreement. Health promotion funds set up in all State health funds as-separately from the other assets of the State Health Fund-special funds for ten years (2013 to 2022) 130 million euros in the same annual instalation . The funds will be allocated according to the insurance key (§ 447g of the General Social Insurance Act) and distributed to the State Health Fund. It shall ensure that:

1.

the use of the funds is based on the framework health objectives approved by the Federal Health Commission,

2.

the measures set are based on existing evidence, effectiveness and quality criteria for health promotion and prevention, and

3.

the implemented measures are evaluated and presented in a regular reporting.

(2) The statutory health insurance has to decide in agreement with the country in the Land-Target Control Commission on the use of the funds from the Health Promotion Fund.

(3) The funds not used in the financial year shall be allocated in the following year to the available health promotion funds.

(4) The Federal Commission for the Control of Health has to adopt principles and objectives for the use of these health promotion funds, in particular ensuring that health promotion projects are subject to the basic objectives of the Federal target tax treaty and the country's target tax treaties do not contradict.

6.

Decision structures and organization

Organization of the Federal Health Agency (pursuant to § 56a of the Federal Act on hospitals and courtrooms)

§ 20. (1) Institutions in the Federal Health Agency are:

1.

Federal Health Commission

2.

Federal-Target Control Commission

(2) In order to advise the Federal Health Agency, a Federal Health Conference can be set up, in which the main actors in the health care sector are represented.

(3) The Federal Health Agency is responsible for managing the business of the Federal Health Agency.

(4) In the performance of the tasks, the Federal Health Agency must ensure that a high-quality, effective and efficient, all freely accessible and equivalent health care in Austria, in particular through the Target control-health is ensured and the financial viability of the Austrian health care system is secured in compliance with the financial framework agreements.

Federal Health Commission

§ 21. (1) As part of the planning, management and financing of health care in Austria, the Federal Health Commission has tasks under consideration of the stipulations in the Federal-Target Tax Treaty and in the Federal-Target Control Commission. , taking into account macroeconomic impacts and regional and country-specific needs. In the Federal Health Commission, decisions are made on the following points (decisions):

1.

On matters of the Federal Health Agency as a fund:

a)

Ongoing maintenance and updating, as well as further development of the performance-oriented hospital financing model (LKF), including its fundamentals,

b)

Guidelines for the use of earmarked funds from the Federal Health Agency,

c)

Advance and closure of the accounts of the Federal Health Agency.

2.

On general health policy concerns:

a)

(further) development of the (framework) health objectives, including the definition of indicators and monitoring in accordance with § 4 (including strategies for implementation),

b)

Framework requirements for the management of the interface between the various sectors of the health sector,

c)

To develop and develop the relevant information and communication technologies and their applications (such as ELGA, e-card, Telehealth, Telecare),

d)

Guidelines for a nationwide, all-health-care sector documentation,

e)

Further development of the documentation and information system for health analysis (DIAG),

f)

Evaluation of the tasks carried out by the Federal Health Commission.

(2) The Federal Health Commission consists of 36 members, who are to be ordered in accordance with the following provisions, with a right to vote only to the members according to Z 1 to 7:

1.

Nine members are appointed by the Federal Government on a proposal from the Federal Minister for Health,

2.

nine members appointed the main association of Austrian social insurance institutions,

3.

one member each orders each country,

4.

Each member shall appoint a representative of the interest groups of the cities and of the municipalities,

5.

one member appoints the Austrian Bishops ' Conference together with the Evangelical Oberkirchenrat (Oberkirchenrat),

6.

A member shall jointly appoint the patient representatives established in accordance with § 11e Nursing and Health Care Act,

7.

one member appoints the Austrian Medical Association,

8.

a member orders the Austrian Pharmacists ' Chamber,

9.

one member appoints the Federal Minister for Science and Research,

10.

one member appoints the General Accident Insurance Institution,

11.

a member appoints the statutory representative for the hospitals referred to in § 149 (3) of the General Social Insurance Act.

For each of the members of the Federal Health Commission so appointed, a representation by written authority is possible in individual cases. The right to order also includes the right to convocation of the members.

(3) For resolutions of the Federal Health Commission, a majority of votes and the approval of at least three quarters of the representatives according to paragraph 2 (2) (1) to (3) are required.

(4) If the persons entitled to appoint members of the Federal Health Commission make no use of this right and do not appoint any members, the non-appointed members shall remain responsible for the determination of the quorum of the Federal Health Commission.

(5) The Federal Minister for Health has the chairmanship of the Federal Health Commission to lead the Federal Health Commission. If the Federal Minister is prevented from holding the presidency, the Federal Minister/Federal Minister has a representative from the circle of senior officials of the Federal Ministry of Health with the Presidency to entrust the Federal Health Commission.

(6) The Federal Health Commission shall adopt its rules of procedure.

Federal-Target Control Commission

§ 22. (1) In the context of the target control-health, the Federal-Target Control Commission has to advise the draft for the Federal-Target Tax Treaty and to draft the decision to the Federal Government, the Main Association of Austrian Social Security Institutions and the Federal Government. To recommend countries by common accord. The Federal Objective Tax Treaty forms the basis and the framework for the tasks set out in paragraphs 2 and 3.

(2) The following points (decisions) shall be made on the basis of the following points in the German Federal Government Tax Commission:

1.

Coordination, voting and stipulations of all tasks resulting from the federal-target tax treaty, including the financial framework contract,

2.

Annual work programmes for measures at the federal level for the concrete implementation of the federal target tax treaty,

3.

Principles for a nationwide monitoring of target control-health including financial control monitoring,

4.

Affairs of monitoring and reporting in accordance with 7. Section,

5.

Perception of agendas to the sanction mechanism according to 8. Section,

6.

Matters arising from the framework regulations for contractual and jointly responsible sectoral financing and clearing mechanisms at the country level, responsible for statutory health insurance and countries (e.g. hospital bullets, group practices and established medical specialists, daily clinical care, innovative forms of care); elaboration, testing of billing models for cross-sector financing of the outpatient sector,

7.

(further) the development of remuneration systems,

8.

Matters of quality,

9.

Principles, objectives and methods for planning in the Austrian structural plan health/in the regional structural plans Health,

10.

Matters relating to the Austrian structural plan health, including structural quality criteria,

11.

Planning of large equipment intra-and extramural,

12.

Affairs of the Joint Medicine Commission,

13.

Guidelines for the transparent presentation of the full budgeting and financial statements of the hospitals or institutions. Associations of hospitals and guidelines for the transparent presentation of the estimates and financial statements of the social security system for the extramural sector,

14.

development of projects for health promotion,

15.

Evaluation of the tasks carried out by the Federal Government of the Tax Commission,

16.

Principles and objectives for the use of the funds to be made available by the State Health Funds to strengthen health promotion.

The draft of the ÖSG can be submitted to the members of the Federal Health Commission before a decision is taken by the German Federal Government Commission for the submission of a written opinion.

(3) The Federal Government of the Federal Government of the Federal Republic of Germany has a mutual information and consultation on the content and strategic definitions of the target orientation and of the governance mechanisms, the federal government, the Länder and the legal system. Use health insurance in the respective area of activity.

(4) The Federal Government Tax Commission shall consist of twelve members, which shall be ordered in accordance with the following provisions:

1.

four members appointed by the Federal Government on a proposal from the Federal Minister for Health,

2.

four members appointed by the main association of Austrian social insurance institutions,

3.

four members order the Länder, which are to be announced by the Federal Council chairperson of the Federal Council, the Federal Ministry of Health.

For each of the members of the Federal Government Tax Commission appointed in this way, it is possible in individual cases to represent them by written authority. The right to order also includes the right to convocation of the members.

(5) unanimity is required for decision-making in the federal-target steering committee.

(6) If the persons entitled to appoint members of the Federal Government Tax Commission make no use of this right and do not appoint any members, the non-appointed members shall remain in the process of establishing the quorum of the Federal Target Control Commission.

(7) The Federal Minister for Health (Federal Minister for Health) has the chairmanship of the German Federal Government's tax commission. The first Chairperson-Deputy/First Vice-Deputy will be appointed by the Social Security and the second Chairperson-Deputy Chairperson/Vice-Chairman will be appointed by the countries.

(8) The Federal Government of the Federal Republic of Germany has to adopt its rules of procedure.

Participation of the Federal Government in the institutions and bodies of the State Health Fund

§ 23. (1) The Federal Minister for Health (Federal Minister for Health) has a representative in the respective health platform and a representative to the respective country-to-the-target steering committee within the framework of the National Health Fund to be sent.

(2) The representative of the Federal Government may take decisions which violate the applicable law, the applicable agreements pursuant to Art. 15a B-VG, the Federal Target Tax Treaty or the decisions of the institutions of the Federal Health Agency. Veto.

Participation of statutory health insurance in the institutions and bodies of the State Health Fund

§ 24. (1) The main association has to send a representative without the right to vote in the respective health care platform within the framework of the State Health Fund.

(2) The statutory health insurance institutions have to send a total of five representatives to the health platforms and the country's target steering committees of the State Health Fund, namely four representatives of the national health insurance funds. The local area sickness insurance fund, including the Obwife/Obmann and a representative of the national authorities in each federal state. In the case of the secondment of representatives and the performance of the tasks, respect for the rights arising from the self-administration must be respected and taken into consideration for the interests of the occupational health insurance funds.

(3) In the Land-Target Control Commission, the representatives nominated by the statutory health insurance shall form a curie with one vote. The joint positions on the topics of the country's target steering committee are to be accorted within the curia of statutory health insurance.

(4) The Obwife shall have the local area sickness insurance fund.

1.

perform the function of the first deputy/deputy of the chairperson of the health platform and

2.

, on an equal footing with the Land-appointed member of the Land Government, to chair the country's target steering committee (co-chair), and

3.

to vote in favour of the curia of the statutory health insurance pursuant to paragraph 3.

(5) In order to prepare the meetings of the Health Platform and the Land-Target Control Commission, a Bureau shall be required to send the statutory health insurance to this representative. In doing so, respect for the rights arising from the self-administration must be respected and taken into consideration for the interests of the occupational health insurance funds.

(6) In order to carry out the tasks of the Land-Target Control Commission, a coordinator shall be appointed by the statutory health insurance scheme. He/she is on an equal footing with the coordinator/coordinator appointed by the country for all matters of the Land-Target Control Commission. As such, the coordinator/coordinator appointed by the statutory health insurance is exclusively the obwoman of the local area health insurance fund in her/his function as co-chairperson/co-chair responsible.

(7) The representatives of the Federal Government, the Länder and the statutory health insurance shall inform each other in the institutions of the State Health Fund of all relevant measures in the intra-and extramural area on the other hand. In addition, information and consultation on the main operational and financial matters relating to the provision of services in the health care sector will be provided in good time in the country's target steering committee.

(8) In the event of a contract-free condition as a result of termination of an overall contract, the state health fund-financed hospitals shall contribute to this in the light of § 26 para. 1 Z 3 of the hospital and health care law. to avoid serious consequences in medical care for the population. An agreement between the State Health Fund and the statutory health insurance is to be concluded for the payment of additional benefits, whereby the statutory health insurance payments are not made up to the extent of the comparable savings. Expenditure on medical assistance has to be paid.

(9) In the performance of the tasks of the State Health Fund, the statutory health insurance, as part of its activities in the State Health Fund, has to pay particular attention to the fact that it is a high-quality, effective and efficient, all accessible and equivalent health care in Austria, in particular through the target control-health and the financial viability of the Austrian health care system in compliance with the financial framework agreements shall be secured.

Section 7

Definitions for monitoring and reporting

Implementation of a monitoring and reporting system

§ 25. (1) Within the framework of the target control-health, the agreed objectives shall be defined in such a way that a running monitoring of clearly defined measured variables and target values is possible. A uniform evaluation scheme shall be used to assess the degree of achievement of the objectives.

(2) On the federal level, an Austria-wide monitoring and reporting system, differentiated by sector and region, must be implemented. This reporting system must meet the following requirements:

1.

Monitoring of the operational objectives of the target control-health on the basis of the contractually agreed measured variables and target values,

2.

the creation of transparency and comparability,

3.

Structured public reports.

(3) The data required for monitoring and the evaluation based on it must be made available in a timely and timely way.

Process steps

§ 26. The monitoring and reporting system must be carried out in the following process steps which are clearly separated from each other:

1.

The monitoring (data collection, processing and evaluation) is carried out by the German Federal Law on Health Austria GmbH-GÖGG, BGBl, in accordance with § 5 (1a) of the Federal Act on Health. I N ° 132/2006, established subsidiary of health Austria GmbH. The data obtained in this way, together with the preparation and evaluation, must be sent to the respective country-to-destination control commission for its opinion.

2.

The approval of the monitoring report, including the recommendations of action drawn up by the respective country's target steering committee, shall be carried out in the light of the statements made by the German Federal Government's Target Control Commission.

3.

The Federal Target Control Commission has to submit the monitoring report, including the recommendations on action and the opinions to the country's target steering committees.

Detailed rules for monitoring and reporting

§ 27. (1) The detailed rules for the monitoring and the evaluation based on it, in particular with regard to the necessary data, their form and data sources, are to be agreed in a binding manner in the first federal target tax treaty. These rules shall be regularly adapted to the requirements arising from the health of the target, in particular with a view to ensuring the availability of data. In any case, these detailed rules shall ensure that:

1.

the handling of the monitoring and the evaluation based on it is simple and easily possible,

2.

Primary use of existing routine documentation and data reporting

3.

Nationally accordized uniform measurement variables are used, and

4.

ensuring a high level of timeliness.

(2) The periodicity of the monitoring and the evaluation based on it shall be based on the essential measures and target values for the supply in accordance with the control areas in the 4. Section and financial target control according to the 5. Section in the federal target tax treaty to be regulated.

8. Section

Rules on the sanction mechanism

General

§ 28. A sanction mechanism shall be established for the following cases:

1.

Non-achievement of objectives set out in the context of the monitoring exercise set out in the agreement under Art. 15a B-VG target tax health, in the federal target tax treaty or in the country's target tax treaties

2.

Violation of the agreement pursuant to Art. 15a B-VG Target tax health, the federal target tax treaty or the country-Target tax contracts

3.

Non-arrival of the federal target tax treaty or the country's target tax treaties.

Arrangements for non-achievement of defined objectives

§ 29. In the course of the monitoring by the Federal-Target Control Commission, it is established that the objectives set out in the agreement pursuant to Art. 15a B-VG Target Tax Health, in the Federal-Target Tax Treaty or in the country-Target tax contracts , the following shall apply to the implementation of the target-management partnership-health in accordance with § 1 (1) of the following:

1.

In the event of non-achievement of the common objectives laid down in the Federal-State Tax Treaty at the country level, the respective country-of-destination control commission, in whose country the objective has not been achieved, shall be within eight weeks of the date of the determination of the Non-achievement of the objectives of the Federal-Target Control Commission a written report submitted. If the non-submission concerns the Federal Government, the obligation to report to the Federal Steering Committee is to be taken by the Federal Government.

2.

In the event of non-achievement of the common objectives laid down in the country-to-target tax treaties, the respective Land-Target Control Commission shall, within eight weeks of the determination of the non-achievement of the objectives of the Federal-Target Control Commission, a written report.

3.

In any event, the reports referred to in Z 1 and 2 shall contain the reasons for not achieving the objectives set and those measures to be taken to ensure the achievement of the objectives at the earliest possible date.

4.

The Federal Target Steering Committee has to approve the reports referred to in Z 1 and 2, in particular with regard to the proposed measures and the proposed timetable for achieving the objective. In the case of non-authorisation, revised reports shall be submitted.

5.

The reports approved or not approved pursuant to Z 4 by the Federal Commission of the Federal Republic of Germany are subject to a corresponding commentary by the German Federal Government Commission and with the opinion of the persons concerned by the Federal Ministry of Health. to be published.

Arrangements for breaches of the agreement pursuant to Art. 15a B-VG Target tax health, the federal target tax treaty or the country-Target tax contracts

§ 30. (1) If, from the point of view of a contracting party of the target control health, there is a breach of the agreement in accordance with Art. 15a B-VG Target Control-Health or against the Federal-Target Tax Treaty, this breach may be made by this contractual partner in in writing and substantiated by the German Federal Government's Target Control Commission. The violations indicated are to be dealt with in the Federal Target Control Commission. In the event of a breach of the agreement, the Federal Government of the Commission shall immediately initiate action to restore the state of the agreement or the conformity of the contract.

(2) If, from the point of view of a contracting party of a country-target-control contract, there is a breach of this country-target tax contract, then the implementation of the partnership objective-health can be carried out in accordance with § 1 (1) of this breach be shown in writing and substantiated by this contractual partner in the Land-Target Control Commission, in order to deal with the alleged violations in the Land-Target Control Commission and to ensure that the infringements are identified by the Country-of-the-country steering committee, immediate action to take action To restore the contractual state of the state.

(3) Within a period of two months, the Federal Government of the Federal Government or the Federal Government of the Federal Republic of Germany in the country's target tax commission, do not reach agreement on whether there is a breach or on the measures to be taken, the contracting party responsible for the infringement may initiate the dispute settlement procedure in accordance with § 32.

(4) If additional expenditures result from a violation of the Federal-Target Tax Treaty or the Land-Target-Tax Contracts established by the dispute settlement procedure, these are to be borne by the contractual partner. The resulting additional expenditure shall be allocated to the expenditure of the contractual partner which is relevant to the financial purpose of the contract.

Regulations for non-implementation of the federal government tax treaty or the country-to-target tax treaties

§ 31. (1) If no subject-related country objective control contract is present before the date laid down in § 8 (4) (3), a reasonable grace period for the submission of the under-production can be made on the basis of a reasoned request from the respective country-target-control commission. Country-to-target tax treaty is granted by the federal government. The Federal Target Control Commission is to be informed about this.

(2) The following shall continue to be concluded within the time limit laid down for the country to which the country of destination is not subject:

1.

In the country's target steering committee, the consensus and dissent points are identified and presented to the German Federal Steering Committee for the implementation of the partnership objective management-health in accordance with § 1 (1).

2.

The federal target steering committee has guidelines for action with regard to the existing dissent points and/or points of interest. to determine the missing points to be deducted from the federal target tax contract.

3.

The Federal Commission of the Federal Government has made a report on Z 1 and 2 transparent by publication. The opinions of the parties concerned shall be fully integrated.

(3) Until the date specified in Section 8 (3) (3) (3), there shall be no underwritten federal tax treaty unless a two-month grace period has failed to be unsuccessful:

1.

Consensus and dissent points are to be noted and made transparent by publication in the Federal Target Control Commission.

2.

If no federal tax treaty comes into effect within three months of publication, the Federal Minister for Health has a time limit for a year in which to deal with the existing dissent points. or to set any missing points at most. In the event of a financial impact, the agreement with the Federal Minister for Finance shall be established. In the course of these provisions, the Federal Minister for Health (Federal Minister for Health) has to assume the preliminary work already in place and the guidelines which are in line with the action and which are suitable for achieving the essential objectives. These guidelines for action are to be made transparent by publication.

Dispute settlement procedure for disputes arising from the federal target tax treaty or the country-Target tax treaties within the framework of the target control-Health

§ 32. (1) In the case of disputes arising from the Federal-State Tax Treaty or the Land-Target Control Contracts, a Schlichtungsstelle is set up at the Federal Ministry of Health in connection with the target control-health.

(2) The Schlichtungsstelle (Schlichtungsstelle) shall belong to the following four-year-old members:

1.

A designated/appointed and independent/independent health expert appointed by the Federal Government of the Federal Government of the Federal Republic of Germany and/or an independent health expert as chairperson,

2.

two members sent by the Federation,

3.

two members seconded jointly by the countries,

4.

two members seconded by the Austrian Social Insurance Association's main association.

For decisions of the Schlichtungsstelle, the simple majority is required, whereby all members have one vote each, in the case of decisions on disputes arising out of the country-target tax treaties the members sent by the federal government do not have any Right to vote.

(3) If the Schlichtungsstelle (Schlichtungsstelle) is called by a contracting party, it shall decide on the matter and make this decision transparent by publication, in consultation with the contractual partners concerned. This decision shall be recognised by the contracting parties concerned. The legal path is excluded. The Schlichtungsstelle shall have this decision

1.

the contracting parties concerned, and

2.

the Federal-Target Control Commission, and

3.

the respective country-the target tax commission in the case of disputes arising out of the country-the target tax treaty

to be taken into account.

Section 9

Closure and transitional provisions

Citation of other federal laws

§ 33. Insofar as reference is made in this Federal Act to provisions of other federal laws, these are, unless otherwise determined, to be applied in their respectively applicable version.

Implementation of the Federal Act

§ 34. The Federal Minister of Health is responsible for the enforcement of this Federal Act, unless otherwise stated.

entry into force

§ 35. (1) This Act is retroactive with 1. Jänner 2013 in force.

(2) Section 7 (2) Z 2 shall enter into force on 1 July 2013.

Transitional provisions

§ 36. (1) Decisions of the Federal Hospital and the Kuranstaltengesetz-KAKuG, BGBl. No. 1/1957, in the version of the Federal Law BGBl. 101/2007 and derived rights and liabilities shall remain in force, provided that the Federal Health Commission to be set up under this Act or the Federal Health Commission, which is to be established under this Act, Nothing to the contrary has been decided upon by the Federal Government of the Federal Republic of Germany.

(2) A member of the Federal Health Commission appointed in accordance with § 59g KAKuG shall be a member of the Federal Health Commission to be set up pursuant to this Act until a different member is appointed for that Federal Health Commission.

(3) The Federal Health Commission is entitled to a right of recourse against members of the Federal Health Commission or members of the Federal Target Control Commission (Bundeshealthkommission), BGBl. No 80/1965, mutatily.

Article 2

Amendment of the Federal Act on hospitals and health care institutions-KAKuG

Federal law on hospitals and health care institutions, BGBl. No. 1/1957, as last amended by the Federal Law BGBl. I n ° 108/2012, shall be amended as follows:

1. (determining the principles) The following sentence shall be added to Article 3 (2a):

"In addition, the examination of the demand must be carried out if an authorisation has already been issued and the location of the site is transferred within the same catchment area."

1a. In Section 3a (4), the following sentence is added:

"In addition, the examination of the demand must be carried out if an authorisation has already been issued and the location of the site is transferred within the same catchment area."

2. (Determination of the principles) In Section 5a (1), in Z 2, after the word "exercise" the phrase "and actively participate in the decision-making processes regarding their health status" inserted.

3. (determination of principles) The following sentence is added to § 5b (6):

"Furthermore, the institutions of the hospitals are to be obliged to participate in regular cross-sectoral patient surveys."

4. (Determination of the principles) § 10a (1), first sentence reads:

" The state legislation has to oblige the state government, on the basis of the joint stipulations in the partnership-based target control-health within the framework of a regional structural plan health for fund hospitals an State-of-the-art organization plan to be enacted by decree, which is within the framework of the Federal-Target Tax Treaty according to § 8 of the Federal Law on Partnership Target-Tax-Health, BGBl. I n ° 81/2013 and the Austrian Structural Plan for Health (ÖSG). "

5. (Determination of the principles) In § 12 (1), after the word "Requirement" the phrase ", in particular by amending the Landeskrankenanstaltenplan (State Hospital Plan)" inserted.

6. (Determination of the principles) In § 19a the introduction rate of paragraph 3 is:

" The institutions of hospitals must ensure that, in the performance of their duties, the Medicinal Products Commission is responsible for the decisions of the Federal Government of the Federal Republic of Germany on matters relating to the Joint Medicinal Products Commission pursuant to Article 13 (2) of the Federal Law on Partnership for Target Control-Health and, in particular, the following principles are taken into account: "

7. (determination of principles) The following sentence is added to § 27b (5):

" § 3 (3) of the Federal Law on the Quality of Health Services, BGBl. I No 179/2004, as amended, is to be applied. '

8. § 56a reads:

" § 56a. In order to carry out the tasks in accordance with § § 21 and 22 of the Federal Act on Target Control-Health as well as the tasks within the meaning of the following provisions of this Act, the Federal Ministry of Health shall be responsible for the Federal Health Agency to be set up as a fund with its own legal personality. "

9. § 59 (6) Z 2 lit. c and d are:

" (c)

the means to finance further projects and planning and to promote essential health promotion and prevention programmes, as well as treatment measures with a national dimension, in particular with regard to the framework health objectives in the Amount of EUR 3.5 million per year and

d)

After the existence of a cost-benefit assessment and in accordance with decisions of the Federal Health Commission agreed between the Federal Government, the Länder and the Social Insurance, a maximum total of 10 million euros (for the period 2008 to 2013) for the design, implementation and operation of the architecture components in accordance with the plans for the first implementation phase of the electronic health records (ELGA) and in accordance with the decisions of the Federal Health Commission at a maximum of 10 Millions of euros (for the period 2014 to 2016) to finance the ELGA , and to be withheld from the Federal Health Agency and pursuant to § 59d and § 59e and § 59e respectively shall be used in accordance with the decisions of the Federal Health Commission. "

10. § 59a (1) reads:

" (1) The Federal Health Agency has the tasks in accordance with § 21 (1) and § 22 (1) to (3) of the Federal Law on Health for the Planning, Management and Financing of Health Care in Austria within the framework of the target management of the health care partnership. -Health, taking into account macroeconomic impacts, as well as regional and country-specific needs. "

11. In § 59c the phrase " last amended by BGBl. I No 179/2004 " through the phrase " in the version in force " replaced.

12. § 59e (1) and (2) are:

" (1) In order to finance further projects and planning and to promote essential health promotion and prevention programmes, as well as treatment measures of paramount importance, in particular with regard to the framework health objectives, the following may be: The Federal Health Agency will use a maximum of EUR 3.5 million per year.

(2) The measures supported shall be based on the principles of the allocation of funds adopted by the Federal Health Commission and on the award and quality criteria of the "Strategy for the use of the precautionary measures". In addition, supplementary directives adopted by the Federal Health Commission must be complied with. The measures have to be used for the implementation of the framework health objectives. "

13. In Section 59e (3), the word order is deleted "in agreement with the countries and the main association of Austrian social insurance institutions"

14. § 59g reads:

" § 59g. § § 20 to 22 of the Federal Act on Partnership for Target Tax Health shall apply to the organisation of the Federal Health Agency. "

15. In § 59j the word "and" at the end of the Z 2, replaced by a dash; at the end of the Z 3, the word shall be "and" , the following Z 4 shall be added:

" 4.

the current federal target tax treaty in accordance with § 8 of the Federal Law on Partnership Target Tax Health "

16. In accordance with § 65a the following § 65b is inserted:

" § 65b. (1) The national legislation has the implementing provisions relating to the amendments in § 3 (2a), § 3a (4), § 5a (1) (1) (2), § 5b (6), § 10a (1), § 19a (3) and § 27b (5) in the version of the Federal Law BGBl. I No 81/2013 to be adopted within six months.

(2) § § 56a, 59, 59a, 59c, 59e, 59g and 59j in the version of the Federal Law BGBl. I n ° 81/2013 will be 1. Jänner 2013 in force.

(3) The assets of the Federal Law on the Adaptation of Legislation to the Agreement pursuant to Art. 15a B-VG on the organisation and financing of the health care system for the years 2008 to 2013, BGBl. I n ° 101/2007, the Federal Health Agency is setting up all rights and liabilities to the Federal Health Agency, which is to be set up under this law. "

Article 3

Amendment of the General Social Insurance Act (82). Novelle to the ASVG)

The General Social Security Act-ASVG, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 4/2013, shall be amended as follows:

1. The following sentence shall be added to Article 23 (5):

" In the case of a non-contractual condition, the acceptance of this supply by the countries can be agreed. The sickness insurance institution shall bear this obligation at the most to the extent of comparable savings in medical assistance in the established sector. "

2. In § 31 (2), the point at the end of the Z 5 shall be replaced by an accoration; the following Z 6 shall be added:

" 6.

support and participation in the implementation of the agreements referred to in Article 15a B-VG on the organisation and financing of the health sector and the agreement on the health of the target, in particular through the preparation of trans-national statistics, the development and omission of standardised data bases, the posting of representatives of social insurance (§ 84a (2) and (3)) and the operation of a psychiatry (§ 31 para. 4 Z) 10). "

3. In § 31 (4), the point at the end of Z 9 shall be replaced by a stroke; the following Z 10 shall be added:

" 10.

the establishment and management of a pseudonymisation site for the pseudonymisation of personal data on diagnoses and services from the inpatient and outpatient sector. To the extent that the main association operates the pseudonym office for clients outside the circle of the social insurance institutions belonging to it, it is active in the transferred sphere of action and is subject to the instructions of the Federal Minister for Economic Affairs Health tied. "

4. In § 31 (5) the following Z 16b is added after Z 16a:

" 16b.

for health promotion and prevention with regard to health-related behaviours or conditions as well as disease risks, preventively influenced diseases or needs of specific population groups according to § 19 of the Health-Target Control Act-G-ZG, BGBl. I No 81/2013; "

5. The previous text of § 31d receives the sales designation "(1)" , the following paragraphs 2 and 3 are added:

" (2) The main association has according to the provisions of the Health Telematics Act-GTelG 2012, BGBl. I No 111/2012,

1.

to create the necessary conditions for the use of ELSY (§ 31a) for the purposes of ELGA;

2.

Reference register (§ 2 Z 13 GTelG 2012) and document storage (§ 2 Z 7 GTelG 2012) for the hospitals operated by social security institutions, including those hospitals operated by companies that are fully operational in the The property of one or more social insurance institutions is to be provided, prepared and operated or operated. These reference registers and document storage facilities can be made available to further ELGA health service providers (§ 2 Z 10 GTelG 2012) on a contractual basis.

(3) The main association has in the transferred sphere of activity the functions of the access portal of ELGA, in particular those for the maintenance of ELGA participants/rights (§ 23 para. 2 Z 2 GTelG 2012), to be provided. In doing so, he is bound by the instructions of the Federal Minister of Health. "

6. In § 32h the expression "Comparability of indicators (benchmarking)" by the expression "Comparability of the indicators (benchmarking) and the various remuneration systems, in particular with regard to their incentive and control effect" replaced.

7. The following paragraph 5 is added to § 82:

" (5) As far as the main body is involved in the enforcement of the Federal Act on Documentation in Health Care, BGBl. No. 745/1996, by means of pseudonymisation of data on the way through the pseudonymisation site (section 31 para. 4 Z 10), it receives remuneration in the form of a fixed flat-rate amount per year. The financing of this flat-rate amount is provided by the Federal Health Agency (§ § 56a ff KAKuG). "

8. The title of the 7. Subsection in Section V of the First Part reads:

"Participation and participation of social security in the planning and management of health care as well as in the target tax health"

9. § 84a (2) to (5) reads:

" (2) The main association has in each case representatives in accordance with section 21 (2) of the Z 2 G-ZG into the Federal Health Commission, in accordance with section 22 (4) of the Z 2 G-ZG in the Federal Target Control Commission as well as in accordance with section 24 (1) G-ZG in the German Federal Health Commission. To send the respective health care platforms within the framework of the State Health Fund.

(3) According to § 24 (2) and (3) of the German Social Insurance Act (G-ZG), the statutory health insurance institutions must send representatives to the health platform as well as to the country-target steering committee of the respective State Health Fund. As a result, the statutory health insurance institutions each have to send a total of five representatives to the health platforms and the country's target control commissions of the State Health Fund, namely four Representatives of the local area health insurance company, including the Obwife/Obmann and a representative of the federal authorities in each federal state. In the case of the secondment of representatives and the performance of the tasks, respect for the rights arising from the self-administration must be respected and taken into consideration for the interests of the occupational health insurance funds.

(4) The social insurance institutions shall, if necessary, transfer the necessary funds for reform pool projects which will be continued after 31 December 2012 as part of the country's target tax contracts.

(5) The social security institutions shall be obliged to take electronic means

1.

the Federal Health Agency and the State Health Fund, at their request, to transmit the data required for the performance of their tasks in a suitably prepared and comprehensible form; and

2.

to make available to the Federal Health Agency and the State Health Fund pseudonymised diagnostic and performance data on the medical services provided on their invoice in a standardized and encrypted form.

The main association and the social security institutions are obliged to provide the data in accordance with the provisions of the Federal Act on Documentation in Health Care, BGBl. I No 745/1996. All data are available prior to the transmission to the Federal Health Agency, the State Health Fund and the authorities mentioned in the Federal Act on Documentation in the Health Care System to ensure compliance with the data protection laws. Provisions by the pseudonymisation site established at the main association (§ 31 paragraph 4 Z 10) to pseudonymisate. "

10. In accordance with § 84b, the following § 84c with headline is inserted:

" Participation in the Target Control-Health

§ 84c. The main association and the institutions of the health insurance have to participate in the target control health according to the G-ZG and are at the conclusion of appropriate contracts, in particular in the sense of sections 4 and 5 G-ZG (in particular § 17 para. 1 Z 6 and Section 2 (7) of the G-ZG). "

11. § 116 (1) (1) (1) reads:

" 1.

for evidence-based early detection of and early intervention in diseases and the preservation of public health; "

12. § 116 (1) Z 5 reads:

" 5.

for targeted, impact-oriented health promotion (salutogenesis) and prevention. "

13. The title of the 1. Subsection to section II of the second part reads:

"Evidence-based early detection of and early intervention in diseases and other measures for the preservation of public health"

14. In § 149 (3), the term " "Economic Chamber of Austria" by the expression "Fachverband der Gesundheitsbetriebe" replaced.

15. In § 149 (3a), fourth sentence, the expression "for the years 2009 to 2013" by the expression "from 2009 onwards" replaced.

16. The title to § 154b reads:

"Health Promotion and Prevention"

17. § 154b (1) reads:

"(1) In the context of health promotion and prevention, health insurance institutions shall contribute to enabling insured persons and their dependants to have a high degree of self-determination about their health and thus to strengthen their health insurance policies." to enable health to be informed, in particular, of health hazards, the maintenance of health and the prevention of diseases and accidents, with the exception of accidents at work, and to advise on how to avoid hazards, Diseases and accidents, other than work accidents, can be prevented. To this end, health promotion and prevention programmes and derived measures are to be offered specifically for groups of beneficiaries on their lifeworlds. "

18. § 156 (1) Z 3 reads:

" 3.

Measures to strengthen the health literacy of insured persons and their families (Health Literacy); "

19. In § 322a (2), fifth sentence, the expression "for the years 1998 to 2013" by the expression "from 1998 onwards" replaced.

20. In § 322a (4), second sentence, the term " "up to 2013" .

21. In § 338 (1), the last sentence is replaced by the following sentences:

" The contracts, as well as any changes and additional agreements, shall be published by the main association on the Internet. After each fifth amendment, a consolidated version shall be published by the main association. "

22. § 351g para. 2 Final sentence reads:

" The recommendations of the Heilmittel-Evaluation-Commission have to meet the criteria of science, transparency and health-economic assessments and the decisions of the Federal-Target Control Commission on the criteria of the joint Drug Commission (§ 13 para. 2 G-ZG) to take into account recommendations made. "

23. In § 437 (1), the point at the end of Z 8 is replaced by a line-point and the following Z 9 is added:

" 9.

the conclusion of country-to-target tax treaties according to the G-ZG. "

(24) In § 441d (2), the point at the end of Z 11 is replaced by a stroke point and the following Z 12, 13 and 14 are added:

" 12.

the approval of decisions of the Board of the Association of the Federal Government of the Federal Republic of Germany on federal-target tax treaties after the G-ZG;

13.

Health promotion fund matters in accordance with § 447g;

14.

the posting of representatives to the Federal Health Commission according to § 21 paragraph 2 of the Z 2 G-ZG and to the Federal Target Control Commission in accordance with § 22 paragraph 4 Z 2 G-ZG. "

25. In § 447a (10) the expression "for the years 2008 to 2013" by the expression "for the years from 2008" replaced.

26. In § 447f (1) the expression "for the years 2008 to 2013" by the expression "from the year 2008" and the expression "for the years 2009 to 2013" by the expression "from 2009 onwards" replaced.

27. § 447f (1), second indent reads as follows:

"-

the increase in contribution rates in health insurance by 0.1 percentage points to 1. Jänner 2005 on the basis of the Federal Law BGBl. I n ° 156/2004, the Federal Law BGBl. I n ° 101/2007 and the update of the increase by Federal Law BGBl. I No 81/2013 "

28. In § 447f (1) final section, the expression "for the years 2008 to 2013" by the expression "from the year 2008" replaced.

29. In § 447f (6) the expression "for the years 2008 to 2013" by the expression "from the year 2008" replaced.

30. In § 447f (14), the expression "for the years 2008 to 2013" by the expression "from the year 2008" replaced.

31. In § 447f (16), the expression "in the years 2008 to 2013" by the expression "from the year 2008" replaced.

32. According to § 447f, the following § 447g is inserted with headline:

" Health Promotion Fund according to § 19 of the Health-Target Control Act-G-ZG

§ 447g. (1) Social insurance institutions as providers of health insurance have to participate in the health promotion fund established in the respective state health fund according to § 19 G-ZG.

(2) The funds shall be provided by the statutory health insurance institutions in the ratio of the number of insured persons of the second preceding year. This ratio is to be determined by the Conference of the Conference. The funds are to be transferred to the respective State Health Fund on 20 April each year by the main association in proportion to the underlying insurance figures. The amounts of the statutory health insurance institutions to the main association of the Austrian social insurance institutions shall be transferred in such a way that they have arrived at the latter on the last bank working day preceding the transfer date. "

33. § 447h (3) first sentence reads:

"The funds of the Fund are to be used for screening (healthy) investigations and for coordinated actions coordinated by the main body for targeted, effective health promotion (salutogenesis) and prevention."

34. In § 447h (3), second sentence, the expression "Measures of health promotion" by the expression "Measures for targeted, impact-oriented health promotion and prevention" replaced.

35. In § 447h (4), first sentence, the expression "Measures of health promotion" by the expression "Measures for targeted, impact-oriented health promotion and prevention" replaced.

36. § 447h (4) Z 5 reads:

" 5.

the measures for targeted, impact-oriented health promotion and prevention, which have been financed in coordination by the main association (part-). "

37. In § 634 paragraph 1 Z 2, the expression " 1. Jänner 2014 " by the expression "The date established pursuant to section 675 (3) by the Federal Minister for Health Regulation" replaced.

38. In accordance with § 674, the following § 675 shall be added together with the heading:

" Final provisions on Art. 3 of the Federal Law BGBl. I No 81/2013

§ 675. (1) § § 23 (5), 31 (2) (5) and (6), (4) (9) and (10), subsection (5) (b) (5), (5), (5), (5), the title of the seventh sub-section in the fifth paragraph. Section of the first part, 84a (2) to (5), 84c and title, 116 (1), (1) and (5), the title of the first part. Subsection to section II of the second part, section 149 (3), the title to 154b, 154b (1), 156 (1) Z 3, 338 (1), 351g (2), 437 (1) (8) and (9), 441d (2) Z 11 to 14, 447g, title, 447h (3) and (4) and 634 (1) (2) (2) in the version of the Federal Law BGBl. I n ° 81/2013 are retroactive with 1. Jänner 2013 in force.

(2) The Main Association shall publish on 1 July 2014 a consolidated version of all the overall contracts in force at that time, as well as any changes and additional agreements on the Internet.

(3) § § 149 (3a), 322a (2) and (4), 447a (10) and 447f (1), (6), (14) and (16) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 81/2013 are retroactive with 1. January 2013 in force and after the expiry of six months after the expiry of the agreement in accordance with Art. 15a B-VG on the organisation and financing of the health care system, BGBl. No 105/2008, in the version in force in force. The Federal Minister of Health has determined the date of the out-of-force meeting by means of a regulation to be adopted in agreement with the Federal Minister of Finance. "

Article 4

Amendment of the Industrial Social Insurance Act

The Industrial Social Security Act-GSVG, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I No 3/2013, shall be amended as follows:

1. § 78 (1) (1) (1) reads:

" 1.

for evidence-based early detection of and early intervention in diseases and the preservation of public health; "

2. § 78 (1) Z 5 reads:

" 5.

for targeted, impact-oriented health promotion (salutogenesis) and prevention. "

3. The heading to § 99b reads:

"Health Promotion and Prevention"

Section 99b (1) reads as follows:

" (1) In the context of health promotion and prevention, the insurance institution as a health insurance institution shall contribute to enabling insured persons and their dependants a high degree of self-determination about their health, and thus to to strengthen their health, in particular by enlighting and advising on health hazards, the maintenance of health and the prevention of diseases and accidents, with the exception of accidents at work, as well as on the Prevention of risks, diseases and accidents-other than accidents at work- can be. To this end, health promotion and prevention programmes and derived measures are to be offered specifically for groups of beneficiaries on their lifeworlds. "

Section 101 (1) Z 3 reads as follows:

" 3.

Measures to strengthen the health literacy of insured persons and their family members (Health Literacy); "

6. In § 210 (1), the point at the end of the Z 8 is replaced by a line-point and the following Z 9 is added:

" 9.

the conclusion of country-to-target tax treaties according to the Health-Target Control Act-G-ZG, BGBl. I No 81/2013. "

7. In § 319 (1) (2), the expression " 1. Jänner 2014 " by the expression "The date established pursuant to § 675 (3) of the ASVG by Regulation of the Federal Minister for Health" replaced.

8. In accordance with § 350, the following § 351 and headline shall be added:

" Final determination on Art. 4 of the Federal Law BGBl. I No 81/2013

§ 351. § § 78 (1) (1) and (5), the title of 99b, 99b (1), 101 (1) (3), 210 (1) (8) and (9) and 319 (1) (2) (2), as amended by the Federal Law BGBl (Bundesgesetz BGBl). I n ° 81/2013 are retroactive with 1. Jänner 2013 in force. "

Article 5

Amendment of the Farmers-Social Security Act

The Farmers-Social Security Act-BSVG, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I No 3/2013, shall be amended as follows:

1. § 74 (1) (1) (1) reads:

" 1.

for evidence-based early detection of and early intervention in diseases and the preservation of public health; "

2. § 74 (1) Z 5 reads:

" 5.

for targeted, impact-oriented health promotion (salutogenesis) and prevention. "

3. The heading to § 96b reads:

"Health Promotion and Prevention"

4. § 96b (1) reads:

" (1) In the context of health promotion and prevention, the insurance institution as a health insurance institution shall contribute to enabling insured persons and their dependants a high degree of self-determination about their health, and thus to to strengthen their health, in particular by enlighting and advising on health hazards, the maintenance of health and the prevention of diseases and accidents, with the exception of accidents at work, as well as on the Prevention of risks, diseases and accidents-other than accidents at work- can be. To this end, health promotion and prevention programmes and derived measures are to be offered specifically for groups of beneficiaries on their lifeworlds. "

Section 101 (1) Z 3 reads as follows:

" 3.

Measures to strengthen the health literacy of insured persons and their families (Health Literacy); "

6. In § 198 (1), the point at the end of the Z 8 is replaced by a line-point and the following Z 9 is added:

" 9.

the conclusion of country-to-target tax treaties according to the Health-Target Control Act-G-ZG, BGBl. I No 81/2013. "

(7) In § 309 (1) (2), the expression " 1. Jänner 2014 " by the expression "The date established pursuant to § 675 (3) of the ASVG by Regulation of the Federal Minister for Health" replaced.

8. According to § 342, the following § 343 shall be added together with the heading:

" Final determination on Art. 5 of the Federal Law BGBl. I No 81/2013

§ 343. § § 74 (1) (1) and (5), the title of 96b, 96b (1), 101 (1) (1) (3), 198 (1) (8) and (9) and 309 (1) (2) (2), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 81/2013 are retroactive with 1. Jänner 2013 in force. "

Article 6

Amendment of the Staff Regulations-Health and Accident Insurance Act

The Civil And Accident Insurance Act-B-KUVG, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I No 3/2013, shall be amended as follows:

1. § 51 (1) Z 1 reads:

" 1.

for evidence-based early detection of and early intervention in diseases and the preservation of public health; "

2. § 51 (1) Z 5 reads:

" 5.

for targeted, impact-oriented health promotion (salutogenesis) and prevention. "

3. The heading to § 65b reads:

"Health Promotion and Prevention"

Section 65b (1) reads as follows:

" (1) In the context of health promotion and prevention, the insurance institution as a sickness insurance institution shall contribute to enabling the insured and their relatives to have a high degree of self-determination about their health, and to to empower them to strengthen their health, in particular by providing information on health risks, health and prevention of diseases and accidents, with the exception of accidents at work, and to advise on how to: Avoid hazards, diseases and accidents-except for accidents at work- can be prevented. To this end, health promotion and prevention programmes and derived measures are to be offered specifically for groups of beneficiaries on their lifeworlds. "

Section 72 (1) Z 3 reads as follows:

" 3.

Measures to strengthen the health literacy of insured persons and their families (Health Literacy); "

6. In § 147a (1), the point at the end of the Z 8 is replaced by a stroke point and the following Z 9 is added:

" 9.

the conclusion of country-to-target tax treaties according to the Health-Target Control Act-G-ZG, BGBl. I No 81/2013. "

7. In § 218 (1) Z 2, the expression " 1. Jänner 2014 " by the expression "The date established pursuant to § 675 (3) of the ASVG by Regulation of the Federal Minister for Health" replaced.

8. In accordance with § 234, the following § 235 shall be added together with the heading:

" Final determination on Art. 6 of the Federal Law BGBl. I No 81/2013

Section 235. § § 51 (1) (1) and (5), the title of 65b, 65b (1), 72 (1) Z 3, 147a (1) (8) and (9) and 218 (1) (2) (2), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 81/2013 are retroactive with 1. Jänner 2013 in force. "

Article 7

Amendment of the Social Security Supplementary Act

The Social Security Supplementary Act-SV-EG, BGBl. No 154/1994, as last amended by the Federal Law BGBl. I No 122/2011 shall be amended as follows:

1. In § 7a (1), the term " "for the years 2008 to 2013" by the expression "from the year 2008" replaced.

2. In accordance with § 9j the following § 9k is inserted:

" § 9k. § 7a (1) in the version of the Federal Law BGBl. I n ° 81/2013 is retroactive with 1. Jänner 2013 in force and with the date established by the Federal Minister of Health regulation pursuant to Section 675 (3) of the ASVG. "

Article 8

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977-AlVG, BGBl. N ° 609/1977, as last amended by the Federal Law BGBl. I No 71/2013 shall be amended as follows:

1. In § § 32 (6) and (42) (5), the term " "in the years 2008 to 2013 7,65 vH" by the expression "from the year 2008 7,65 vH" replaced.

(2) The following paragraph 134 is added to § 79:

" (134) The § § 32 (6) and 42 (5) in the version of the Federal Law BGBl. I n ° 81/2013 are retroactive with 1. Jänner 2013 in force. "

(3) The following paragraph 15 is added to § 80:

" (15) § 32 (6) and § 42 (5) in the version of the Federal Law BGBl. I n ° 81/2013 do not enter into force with the date established by the Federal Minister of Health regulation pursuant to Section 675 (3) of the ASVG. "

Article 9

Amendment of the Special Support Act

The Special Support Act-SUG, BGBl. No. 642/1973, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In § 7 (4), the term " "in the years 2008 to 2013 7,65 vH" by the expression "from the year 2008 7,65 vH" replaced.

(2) The following paragraph 26 is added to Article V:

" (26) § 7 (4) in the version of the Federal Law BGBl. I n ° 81/2013 is retroactive with 1. Jänner 2013 in force and with the date established by the Federal Minister of Health regulation pursuant to Section 675 (3) of the ASVG. "

Article 10

Amendment of the Army Supply Act

The Army Supply Act-HVG, BGBl. No 27/1964, as last amended by the Federal Law BGBl. I n ° 96/2012, shall be amended as follows:

1. In § 99 (15) Z 2, the expression " 1. Jänner 2014 " by the expression "The date established pursuant to § 675 (3) of the ASVG by Regulation of the Federal Minister for Health" replaced.

Article 11

Amendment of the War sacrificial Supply Act 1957

The War sacrificial Supply Act 1957-KOVG 1957, BGBl. No 152/1957, as last amended by the Federal Law BGBl. I n ° 96/2012, shall be amended as follows:

1. § 115 (12) Z 2 is the expression " 1. Jänner 2014 " by the expression "The date established pursuant to § 675 (3) of the ASVG by Regulation of the Federal Minister for Health" replaced.

Article 12

Amendment of the Family Law Compensatory Act 1967

The Family Law Balancing Act 1967, BGBl. No 376/1967, as last amended by the Federal Law BGBl. I n ° 19/2013, is amended as follows:

1. In § 39j (6), the term " "in the years 2008 to 2013" by the expression "in 2008" and the expression "from the year 2014" by the expression "from the date established pursuant to § 675 (3) of the ASVG by Regulation of the Federal Minister for Health" replaced.

Article 13

Amendment of the Health Quality Act

The Federal Law on the Quality of Health Services (Health Quality Act-GQG), BGBl. I No 179/2004, shall be amended as follows:

1. § 1 para. 1, second and third sentence are:

" The work on the construction, development, safeguarding and evaluation of a comprehensive Austrian quality system has a uniform nationwide, national, sectoral and cross-professional, especially including the the established area. You have to take into account the principles of patient and patient orientation and transparency and to promote the quality in the provision of health care in a sustainable way, taking into account patient safety and patient safety. and to ensure. "

2. § 1 para. 2 reads:

" (2) The provisions on the quality system also have the requirements of the target tax health, in accordance with the Federal Law on the Partnership for Target Tax Health, BGBl. I n ° 81/2013, as amended, and in particular the monitoring provided for in it. Quality work has a significant contribution to the medium-to long-term increase in the effectiveness and efficiency of health care and thus to the improvement of the health care of the population and its long-term health care. Financial viability. In the sense of the quality system, the levels of structure, process and result quality must be taken into account. "

3. The phrase in Section 1 (3) shall be deleted. "and women" .

4. § 2 Z 3 reads:

" 3.

"Patient orientation": In the sense of improving the quality of life, the people concerned should be at the heart of the decisions and actions and will be able to actively participate in decision-making processes. "

5. § 2 Z 11 reads:

" 11.

"health benefit" means any action taken by a family or a member of a legally recognised health professional or by an organisation approved by law on or for the person who is responsible for the promotion, the preservation, Restoration or improvement of the physical and mental health status. "

6. In § 2 Z 13 and 14 the word order is omitted. "and women" .

§ 3 (1) first sentence reads as follows:

" The health care providers are independent of their organisational form

1.

to comply with the quality standards in accordance with the provisions of this Federal Act and

2.

to participate in nationwide quality assurance measures in accordance with § 7 paragraph 2 of the Federal Law on Partnership Target Tax Health, BGBl. I No 81/2013, as amended,

is committed. "

8. The following paragraph 3 is added to § 3:

" (3) The retribution of individual benefits under the public health system by the institutions of social security, the State Health Fund and the Private Sickness Funds fund requires that the essential elements be Quality standards that are directly applicable to the safety of patients and to the success of treatment are complied with. These include, in particular, those based on this federal law, in accordance with § 7 (3) and (4) of the Federal Act on Partnership Target Control-Health and in accordance with § 117c (1) Z 5 of the Medical Act 1998, BGBl. I n ° 169/1998 in the current version, the essential quality standards as well as the participation in the measures for the measurement of results and the assurance of results in accordance with § 7 (2) of the Federal Act on the partnership Target-tax health. "

9. In § 4 (1) and (2), the word sequence shall be deleted "and women" .

Section 4 (2) Z 6 reads as follows:

" 6.

The state of science and the experience of effectiveness and efficiency. "

11. In § 5 (1), first sentence, the word order is deleted "and women" .

12. § 5 (1) second and third sentence are:

" The quality of structure, process and results must be in a direct and balanced relationship with each other, with the development or Further development of result quality indicators and their measurement in all sectors of the health care system is a priority. In line with the objectives of the target control health, these guidelines should also be based on existing reporting and documentation requirements as well as international developments. "

13. In § 5 (2), third sentence, the word order is deleted "and women" .

14. In the first and second sentence of § 5 (3), the word order is omitted. "and women" .

15. In § 5 (4) the word order is deleted "and women" .

16. In § 6 (1), first sentence, the word order is deleted "and women" .

17. In § 6 (1), the following sentence shall be inserted after the first sentence:

"In particular, starting with the year 2014, regular reports on the quality of results in the inpatient and outpatient areas are to be produced."

18. In § 6 (2) the word order is deleted "and women" .

§ 6 (3), first sentence, reads:

"In the spirit of transparency, the Federal Minister for Health has to publish the reports on the Austrian quality system in a suitable form."

20. In § 7, the word order shall be deleted. "and women" .

21. In § 8 the word sequences are omitted. "and women" .

22. In Section 9 (1) and (2) (2), the word sequence shall be deleted. "and women" .

Section 9 (2) Z 3 reads as follows:

" 3.

Creation of quality reports; "

24. In § 9 para. 2 Z 6 the word order is deleted "and women" .

25. In § 10 (3) and (4), the word order shall be deleted "and women" .

26. In Section 11 (1), the word order is deleted "and women" .

Article 14

Amendment of the Medical Act 1998

The Doctors Act 1998, BGBl. I n ° 169/1998, as last amended by the Federal Law BGBl. I n ° 80/2013, shall be amended as follows:

1. In accordance with § 49 (2b), the following paragraph 2c is inserted:

" (2c) Doctors who are entitled to exercise their own right to practise their profession shall have their completed further training credibly to the Austrian Medical Association at least every three years. Doctors have to reimburse these notifications at the latest by the end of three months after the respective training period (collection period). The Austrian Medical Association has to review and evaluate these reports and as the basis for the reporting in accordance with § 117b paragraph 1 Z 21 lit. e should be used. The Austrian Medical Association of a subsidiary can serve as a task for the task. "

1a. The following sentence shall be added to section 52c (6):

"It is necessary to refrain from re-admission if an approved group practice places its location within the same catchment area."

2. In § 117b paragraph 1 Z 21, in lit. c the word "and" deleted, in lit. d the stroke by the word "and" replaced and the following lit. e is added:

" e)

A report on medical training and further education which is to be published at least every two years and is to be published on the homepage of the Austrian Medical Association. This shall be broken down by established and employed physicians, specialist groups and supply regions, ensuring anonymity; "

3. § 117c para. 1 Z 5 lit. a is:

" (a)

Development and implementation of quality assurance measures to raise the quality of the structure, process and results, in particular for the perception of the quality measurement and assurance of results in the established area according to § 7 Health-Target Control Act (G-ZG), BGBl. I No 81/2013, "

4. In accordance with § 118e, the following § 118f shall be inserted with the title:

" Training and quality

§ 118f. (1) The ÖQMed has the continuing training obligation from the next on the date of entry into force of the Federal Law BGBl. I No 81/2013 of the evaluation and monitoring evaluation cycle as defined in § 118e, and to include in the results of evaluation and control. Section 118e (2), third sentence, shall apply mutatily.

(2) The disciplinary panel according to § 118e paragraph 2 third sentence in conjunction with § 118f in the version BGBl. I No 81/2013 may not be required if the doctor is unable to provide proof of the fulfilment of the training obligation for reasons worthy of consideration. "

5. In accordance with § 232, the following § 233 and title shall be added:

" Final determination on Art. 14 of the Federal Law BGBl. I No 81/2013

§ 233. The reporting by the Austrian Medical Association pursuant to § 117b paragraph 1 Z 21 lit. e in the version BGBl. I No 81/2013 shall be made for the first time by 31 March 2015 at the latest. "

Article 15

Amendment of the Federal Act on Health Austria GmbH

The Federal Act on the Health of Austria GmbH-GÖGG, BGBl. I n ° 132/2006, as last amended by the Federal Law BGBl. I n ° 77/2008, shall be amended as follows:

1. In the content directory, the entry to § 5 is as follows:

" § 5

Subsidiaries "

2. The heading of § 5 reads:

"Subsidiaries"

(3) In § 5, the following paragraph 1a is inserted:

" (1a) Weiters has the company to implement its tasks within the framework of the target control-health according to the Federal Law on Partnership Target Tax Health, BGBl. I n ° 81/2013, in the current version, in particular monitoring (reporting) and quality work, to establish a subsidiary of its own, at which the federal government, represented by the health Österreich GmbH, the Länder and the legal Health insurance, represented by the main association of Austrian social insurance institutions, are to be included in equal parts (one third each). The Managing Director of Public Health Austria GmbH is responsible for the business of the subsidiary. If the subsidiary receives services from the company in the performance of such orders, the expenses incurred by the company shall be reimbursed in a cost-covering manner in accordance with a contractual arrangement to be concluded. "

4. In § 14 (3), the word "subsidiary" by the word "Subsidiaries" replaced.

Article 16

Amendment of the Private Sickness Fund Act (Private Sickness Fund Act)

The federal law on the establishment of a fund to finance private hospitals-PRIKRAF-G, BGBl. I n ° 165/2004, as last amended by the Federal Law BGBl. I n ° 101/2007, is amended as follows:

1. In § 2 para. 1, the previous Z 3 becomes the Z 4, the following Z 3 is inserted:

" 3.

The definition of quality criteria as well as the participation in the implementation and control of compliance with quality standards and the coordination with the overall health planning in the whole of the country. "

2. § 21 (1).

3. § 21 (7) reads:

"(7) Appeal against decisions of the Arbitration Commission may be brought to the Federal Administrative Court."

4. In § 24 (1), first sentence, the word order shall be "31 December 2013" through the phrase "the date established by Regulation of the Federal Minister of Health pursuant to Section 675 (3) of the ASVG" replaced.

5. In § 24 (1), second sentence, the word order shall be "31 December 2013" through the phrase "External force of this law" replaced.

6. In § 24, the following paragraph 1a is inserted after paragraph 1:

" (1a) § 21 (1) and (7) shall enter into force 1. Jänner 2014 in force. "

Article 17

Amendment of the Federal Act on Documentation in Health Care

The Federal Law on Documentation in Health Care, BGBl. No 745/1996, as last amended by the Federal Law Gazette (BGBl). I No 179/2004, shall be amended as follows:

1. § 1 shall be replaced by the name "1a" , the following § 1 is inserted before § 1a:

" § 1. The Federal Act on Documentation in the Health Care System provides the legal basis for the documentation of health-related data in the intra-and extramural outpatient and in the stationary coverage area as well as for the processing of the data of Pfleglingen and/or Benefit recipients and service providers in pseudonymized form for the following purposes:

1.

To manage the structure, organisation, quality and financing of Austrian healthcare by

a)

Long-term monitoring of epidemiological epidemiological developments (diseases, morbidity and mortality) and disease-related supply sequences to increase the quality of the process and results,

b)

Implementation of a patient-needs-oriented integrated health structure planning, covering all levels and sub-areas of healthcare and related areas,

c)

further development of financing and settlement mechanisms, in particular for cross-sector performance shifts,

2.

for the work on the structure, the further development, securing and evaluation of a comprehensive, cross-sectoral Austrian quality system, in particular in the area of quality of results, in particular for the implementation of § 7 (2) of the Federal Law on Partnership Target Tax Health, BGBl. I No 81/2013, as amended,

3.

to ensure cross-sector documentation in all outpatient and inpatient care areas,

4.

for the implementation, implementation and monitoring (monitoring) of the target-controlling partnership-health according to federal law on partnership-based target-tax health. "

2. In § 1a (1) and (2), § 8 (2), § 9 (3) and 13 (13), the term of the word shall be "Social Security and Generations" by the word "Health" replaced.

3. In § 2 (1), § 3 (1) and (2), § 5 (1) and (2), § 7 (2), (3) and (4), § 8 (1), (8a) and § 12 (2), the word sequence shall be deleted. "and women" .

4. In § 2 (4) (2) (2), the following sentence shall be added after the list:

" The institutions of hospitals which are not deducted from the State Health Fund have, in place of the number of patients in accordance with Z 1 lit. b a non-refundable record identification number (hereinafter set ID) formed by a one-way derivative, and instead of the date of birth according to Z 1 lit. d age groups. "

(5) In § 3 (1), the following sentence shall be inserted after the first sentence:

" In this report, the number of numbers according to § 2 (4) Z 1 lit. b by a non-refundable record ID formed by the one-way derivative and the date of birth according to § 2 para. 4 Z 1 lit. d to be replaced by age groups. "

6. In Article 3 (2), the following sentence shall be added after the list:

" In these reports, the number of admissions according to § 2 (4) Z 1 lit. b by a non-refundable record ID formed by the one-way derivative and the date of birth according to § 2 para. 4 Z 1 lit. d to be replaced by age groups. "

7. § 4 reads:

" § 4. (1) The Federal Minister of Health has laid down more detailed provisions

1.

on the type of data transfer from the main association of the Austrian social insurance institutions (hereinafter referred to as the main association), the institutions of the hospitals, the national capitals and the State Health Fund, as well as the nature of the breakdown of the characteristics of the data referred to in § 2 (4) and the concrete structure of the record, including formatting,

2.

with regard to the generation of the pseudonym for the pfleglinge as well as the technical and organizational framework conditions for the pseudonymisations within the pseudonymisation site to be operated by the main association, and

3.

with regard to the one-way derivation of a non-rechargeable record ID from the recording number

to the Commission.

(2) The Federal Minister of Health has detailed provisions on data security measures, in particular for the encryption of the data, access and access authorization, identification and authentication, for the purpose of data security measures. Logging of the uses and documentation, in accordance with § 5c (2) and § 6c (1) (1) (2) (2).

(3) The Data Warehouse DIAG-Documentation and Information System for Health Care (DIAG) is to be operated by the Federal Minister for Health. Access to the raw data contained in the DIAG, including the stored pseudonyms in accordance with § 5a (1) (1) and § 6c (1) Z 2, is exclusively for the Federal Ministry of Health directly with the creation and maintenance of the DIAG persons employed shall be permitted. The use of the data stored in the DIAG for analysis purposes in accordance with § 1 is subject to strict regulations on data security. The persons authorized for the use of the DIAG for analysis purposes have no access to the raw data contained and to the stored pseudonyms in accordance with § 5a (1) (1) (1) and (6c) (1) (2).

(4) The health-health documentation (hereinafter referred to as the bPK GH-GD) to be used for the pseudonymisation process according to § 5a (1) Z 1 and § 6c (1) Z 2 is assigned to the Federal Minister for Health.

(5) The pseudonyms generated by the main association by means of the pseudonymisation site pursuant to § 5c (2) and § 6c (1) Z 2, which are stored in the DIAG, must be deleted no later than a period of 15 years. The data liberated from the pseudonym may be used for the purposes defined in § 1 for a further 10 years. "

8. In § 5 (1), after the word "Annual Reports" the phrase " without a pseudonym in accordance with § 5a (1) (1) and (1) inserted.

9. In § 5 (2), after the word "Reports" the phrase "without a pseudonym in accordance with § 5a paragraph 1 Z 1" inserted.

10. According to § 5, the following § § 5a to 5c are inserted:

" § 5a. (1) The main association as a service provider of the Federal Minister of Health has in the way of the pseudonymisation site established with him (according to § 31 paragraph 4 Z 10 General Social Security Act, BGBl. No 189/1955, as amended)

1.

within a technical infrastructure corresponding to the requirements of data protection and data security by means of the Hardware Security Module (HSM) made available by the Federal Minister of Health (HSM) from the bPK GH-GD of the Pflegling to generate and encrypt a non-rechargeable pseudonym, whereby the bPK GH-GD is assigned to an area in which the main association is not called to perform the full-time education,

2.

to form an untraceable record ID from the number of entries by means of a one-way derivative; and

3.

the following data for the first quarter to 31 May of the current year, for the first half of the year to 30 September of the current year, and for the previous calendar year to 31 May of the current year, to the Federal Minister for Health shall transmit:

a)

Encrypted pseudonyms of the peacemes according to Z 1,

b)

hospital number,

c)

Record ID.

The recording date is decisive for the assignment of the data to a data message.

(2) The technical process for the generation of the pseudonyms shall be designed in such a way that there is no possibility of access to the automated processing in the HSM during the pseudonymisation process according to § 5a (1) (1) (1). It is necessary to ensure that the algorithm to be used for the generation of the pseudonyms is not known to the Federal Ministry of Health and the Main Association and to be designated by a regulation of the Federal Minister of Health independent third party shall be kept safe.

§ 5b. Social security and sickness insurance institutions have the main association for the first quarter to 30 April of the current year, for the first half of the year up to 31 August, in order to fulfil its obligations under Article 5a. of the current year, as well as for the previous calendar year, until 30 April of the current year. The recording date is decisive for the assignment of the data to a data message.

§ 5c. (1) The main association and the Federal Ministry of Health shall prohibit the production of a personal reference in the case of the use of the data referred to in this main piece.

(2) The institutions referred to in this main piece shall have the state of the art and the applicable legal situation to ensure appropriate data security measures. "

(11) The following paragraphs 4 and 5 are added to § 6:

" (4) For the preparation of a reporting system on the outpatient sector, from the 1. January 2014 by the institutions of hospitals, which are deducted from the State Health Fund, by the State Health Fund, by the main association, by the institutions of social security, as well as by the institutions of the hospital care institutions and by the Federal Ministry of Health to use the following data in accordance with the following provisions:

1.

on beneficiaries/nominees:

a)

Age group at contact time (event date),

b)

Gender,

c)

Citizenship,

d)

Residence (state, postal code or postal code) municipal code),

2.

about service providers/providers:

a)

Hospital number and/or Service provider identification number,

b)

Department function code or Field of expertise,

c)

Professional seat (postcode or postal code) municipal code),

d)

Organizational form,

3.

to ambulatory contact,

4.

to the outpatient services and

5.

to the diagnoses (optional).

(5) For the use of the data in accordance with paragraph 4, § 1 shall apply. "

12. According to § 6, the following § § 6a to 6g are inserted:

" § 6a. The institutions of hospitals, which are deducted from the State Health Fund, have the State Health Fund the data in accordance with § 6 para. 4 including the date of birth for the calculation of the age groups and including the number of admission to the national health fund. For the purposes of compiling the record ID quarterly for the previous quarter, respectively, by 31 May, 31 August and 30 November of the current year and by 28 February of the following year. The date of contact (event date) is decisive for the quarter allocation of the records.

§ 6b. The State Health Fund has, in accordance with § 6 (4) quarterly for the respective previous quarter, the data reviewed and, where appropriate, corrected by the Federal Ministry of Health for the respective previous quarter, until 30 June, 30 September and 31 December of the , as well as by 31 March of the following year. In this case, the recording number is to be replaced by a record ID which cannot be recalculated by means of a one-way derivative.

§ 6c. (1) The main body shall:

1.

the medical services documented by the service providers from the extramural outpatient area on the basis of the fee regulations of the health insurance funds to a health insurance company issued by the Federal Minister for Health To transfer the performance catalog,

2.

as a service provider of the Federal Minister of Health in the way of the pseudonymisation site established by him (according to § 31 paragraph 4 Z 10 General Social Insurance Act, BGBl. No 189/1955, as amended), within a technical infrastructure corresponding to the requirements of data protection and data security, by means of the hardware security provided by the Federal Minister for Health Module (HSM)

a)

from the bPK GH-DG of the beneficiary of the nominee a non-refundable pseudonym and

b)

from the unique contractual partner identifier, a non-refundable pseudonym of the service provider from the outpatient extramural area

to generate and encrypt.

3.

The main association also has

a)

for the extramural outpatient area for merging the data sets from the combination of the year, quarter, social insurance carrier code and ascending run number a unique identifier (performance provider ID),

b)

for the extramural outpatient section of the running number by means of one-way derivation, an unaccountable record ID and

c)

for the intramural outpatient area from the reception number by means of a one-way derivative, an unreputable record ID

to be generated.

(2) The main association has the data referred to in section 1 of the Federal Ministry of Health, quarterly for the second quarter in each case until 30 September and 31 December of the current year, and by 31 March and 30 June of the the following year, the date of contact (event date) being relevant for the quarterly allocation of the data sets.

§ 6d. The social security institutions and the health care institutions have provided the main association with the data necessary for the notification of the main association pursuant to Section 6c (2) and, where appropriate, corrected data quarterly for the relevant information. second quarter, respectively, up to 31 August and 30 November of the current year, and up to 28. Jänner and 31st May of the following year.

§ 6e. The Federal Ministry of Health has data from the reporting system according to § 6 (4) without pseudonyms in accordance with § 6c (1) Z 2 of the Federal Health Agency, the State Health Fund, the Länder, the Main Association and the institutions of Social Security insofar as this is necessary for the performance of the statutory tasks which are the subject of these provisions.

§ 6f. (1) The main association and the Federal Ministry of Health shall prohibit the production of a personal reference in the case of the use of the data referred to in this main piece.

(2) The institutions referred to in § 6 (4) shall ensure the state of the art and the applicable legal situation in accordance with the applicable data security measures.

§ 6g. The Federal Minister of Health has laid down more detailed rules

1.

on the nature of the data transmission to be carried out by the main association, the institutions of hospitals, which are deducted from the State Health Fund, and the State Health Fund, as well as on the structure of the characteristics of the data and the concrete structure of the record, including formatting,

2.

with regard to the generation of the pseudonyms for the benefit recipients and for the service providers from the outpatient extramural sector as well as the technical and organisational framework conditions for the pseudonymisations within the pseudonymisation site to be operated by the main association; and

3.

as regards the one-way derivative of an unaccountable record ID from the recording number or the current accounting number

"

13. In § 7 (1) the word order is deleted " , the Gebarung " and shall be made after the word "Annex" the phrase "as well as data on the closure of accounts" inserted.

14. In Section 7 (3), the phrase "on the structure of revenue and the data relating to the building of the accounts, according to the accounts" through the phrase "on the closure of accounts" replaced.

15. In § 7 (4), the following shall be taken after the word "Statistics-" the phrase " , clearance of accounts-" inserted.

16. The following paragraphs 4 to 6 are added to § 12:

" (4) The § § 6 to 6g in the version of the Federal Law BGBl. I n ° 81/2013 will be applied for the first time to the data reports for the reporting year 2014.

(5) By way of derogation from paragraph 4, § § 6 to 6g are in the version of the Federal Law BGBl. I n ° 81/2013 for data reporting in the framework of model projects of the Federal Health Agency already for the reference year 2013.

(6) § § 1 to 4 as well as 5a to 5c in the version of the Federal Law BGBl. I n ° 81/2013 shall be applied for the first time to the data reporting for the reference year 2015. "

Fischer

Faymann