Amendment Of The Federal Law On Hospitals And Sanatoria

Original Language Title: Änderung des Bundesgesetzes über Krankenanstalten und Kuranstalten

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147. Federal law that modifies the Federal law on hospitals and sanatoria

The National Council has decided:

The Federal law on hospitals and sanatoria, Federal Law Gazette No. 1/1957, amended by the Federal Act Federal Law Gazette I no. 69/2011, is amended as follows:

1 part (principle provisions)

1 in § 2a para 1 lit. the opening section is a:

"Standard hospitals in accordance with paragraph 4 and 5 with departments at least for:"

2. in Article 2a, paragraph 1 lit. the opening section is b:

"Focus on hospitals in accordance with the paragraph 5 with departments at least for:"

3. in Article 2a, paragraph 2, the phrase is omitted anyway, "on this scale".

4. in Article 2a, paragraph 3 is the expression "paragraph 1 lit. b and c"with the expression"Paragraph 1"and the expression" section 3 b "is replaced by the expression"section 3d".

5. § 2a para 4 is 4 by following paragraph and 5 replaces:

"(4) the national legislation may provide that standard hospitals, provided with January 1, 2011 with a final deployment and operating permit must be carried as standard hospitals of basic care, if they have a natural catchment area of less than 50,000 inhabitants, or when a rapid accessibility of standard hospitals pursuant to par. 1 lit. a or a medical institution of higher power level referred to in paragraph 1 lit. There is b or c. The following applies to standard hospitals of basic care: 1 standard hospitals of supplying base must at least: a) result in a Department of internal medicine without further specialization, b) a limited health (ÖSG) on basic services in terms of the output matrix of the Austrian structural plan and result in a reduced form of the Organization in accordance with § 2 para 2 Z 3 or 4 guided OU to ensure the basic care in surgery and c) a permanent first aid, treatment of acute cases, including assessment of additional treatment requirements and forwarding to the follow-up treatment in the competent supply structure ensure.

2. in addition, more reduced forms of organization on base services in the sense of the output matrix of ÖSG limited pursuant to section 2 b in connection with paragraph 5 for operative specialties can be made.

3. the Organization of according to the needs of the patient required more complex medical care is through cooperation with a standard hospital pursuant to par. 1 lit. a, a medical institution of higher power level referred to in paragraph 1 lit. b or c or a suitable special hospital pursuant to § 2 para 1 No. 2 to make sure.

4. an extension of the power spectrum on the base supply services within the meaning of the power matrix of ÖSG also is not permitted.

5. If necessary, additional facilities for acute Geriatrics/re mobilization or re mobilization/aftercare are according to § 18 to consider. The continuation of other existing disciplines, as far as they are acting conservatively, in a form of organization in accordance with article 2 (b) is only in exceptional cases admissible and if this is provided for in the respective regional structure plan health.

6 standard hospitals of basic care can lit as dislocated facilities of spatially Middle standard hospitals in accordance with paragraph 1. a or a hospital of a higher level of supply referred to in paragraph 1 lit. b or c are carried.

(5) the provincial legislature can be lit for hospitals in accordance with paragraph 1. a and b and paragraph 4, as far as there provided, and in accordance with § 2 b envisage establishment of the following reduced forms of organization: 1 Department of a) for trauma surgery in the form of satellite Department (§ 2 b para 2 subpara 1), b) for acute Geriatrics/re mobilization in the context of departments of internal medicine and departments of Neurology, c) for plastic, aesthetic and reconstructive surgery within the scope of departments of surgery , d) for Psychosomatic Medicine for adults, primarily in the departments of Psychiatry, or for internal medicine and e) for children's and youth Psychosomatics as a priority in the context of departments for child and adolescent medicine or for child and adolescent psychiatry.

2. focuses for medical special subjects Ophthalmology and optometry, neck -, nose and ear diseases, mouth, jaw and facial surgery, orthopaedics and orthopaedic surgery and Urology, 3. dislocated week clinics for each special compartment and 4. dislocated day clinics for each special compartment.

"The establishment of reduced forms of organization is with the exception of Department of Psychosomatic Medicine (subpara 1 lit. d and e) only in exceptional cases, to cover gaps in peripheral regions or establishing a regionally balanced supply permitted, if the economic operation of a Department due to lack of sufficient capacity not expected can be."

6. after paragraph 2a, following paragraphs 2 b and 2 c with headings shall be inserted:

"Discipline-related forms of organization"

§ 2 b (1) departments are beds leading institutes, which are timed to operate and to ensure the availability of specialty acute care of institution needy persons in the respective special subject at any time have in the context of the coverage of the discipline-related supply needs of the population in its catchment area in accordance with section 8, paragraph 1.

(2) in addition to departments or in place of departments following discipline-related forms of organization as organizational units can be kept in accordance with § 2a para 5: 1 departments as beds leading institutions with restricted range of services within the meaning of the output matrix of ÖSG for trauma surgery (satellite Department) or plastic, aesthetic and reconstructive surgery with each 15 to 24 beds for acute Geriatrics/re mobilization with at least 20 beds, as well as for Psychosomatic Medicine and children's and youth Psychosomatics with at least 12 beds. Departments must except satellite Department for accident surgery in accordance with § 8 ABS. 1 time fully operated by, have at least three specialists of held specialisation and in the context of a specialized department within the hospital to be established in accordance with § 2a para 5 No. 1. Satellite departments are organizationally for accident surgery part of hospitals, in which they are operated. The medical care of the satellite Department is a Department for accident surgery of other hospitals or - in the case of a hospital with multiple sites - to ensure by a Department for accident surgery at another hospital site.

2. focuses as beds leading institutions with eight to fourteen beds and services restricted elective procedures in the meaning of the 2nd focuses can power matrix of ÖSG for the medical special compartments in accordance with § 2a para 5 Z restricted operating hours have, if outside these hours a call service is ensured. Focuses must have at least two specialists of specializing in stored and, if necessary, more specialists to cover the call and be connected to a Department of same specialising in other hospitals. The establishment of trade priorities can be lit in standard hospitals pursuant to § 2a para 1. a and section 2A paragraph 4 in addition to the to keep departments as well as focus on hospitals in accordance with § 2A para 1 lit. b as a substitute to keep departments be made.

3. dislocated week hospitals as beds leading institutions, their medical Versorgung by a Department of same specialization occurs in other hospitals or is addressed to another hospital site (parent unit). They are used to carry out treatments with a short retention period where services on basic services is restricted in terms of the output matrix of ÖSG. The establishment of dislocated week clinics is lit only in standard hospitals in accordance with § 2a para 1. a and in focus hospitals in accordance with § 2A para 1 lit. (b) in addition to the hospitals to keep divisions, as well as in standard hospitals of basic care in accordance with section 2a paragraph 4 as a substitute of a Department of surgery, as well as in other disciplines in addition permitted. Dislocated week clinics must, unless the institution order no derogations for holidays in the sense of § 6 para 1 lit. b contains, anyway, from Monday morning until Friday evening time fully operate. The required follow-up of not discharged patients and patients outside of operating hours is to ensure in case of need by the parent Department.

4.

Dislocated day hospitals as beds leading facilities in locations of hospitals without in-patient beds leading institution (Department, Department or subject focus) of the same special compartment with a range of services within the meaning of the output matrix of ÖSG restricted to day clinical elective erbringbare conservative and operative services. Dislocated day clinics can in the concerned hospital either independently run and tied to a Department of same specialising in other hospitals or as beds leading institutions be set up, whose medical powered by a Department of same specialisation takes place in other hospitals and is decorated in a different hospital site (parent unit). You have limited operating hours. The required post operative and conservative aftercare is anyway, to ensure non-operating hours. Dislocated day clinics can lit in standard hospitals in accordance with § 2a para 1. a and in focus hospitals in accordance with § 2A para   lit. (b) in addition to the to keep departments as well as in standard hospitals pursuant to section 2a paragraph 4 as a substitute of a Department for surgery, as well as in other disciplines in addition set up.

Centres of reference

§ 2c. Specialized structures within the framework of the beds leading organisational structures are referred to as reference centres, which in principle can be set up in focus - or central hospitals for bundling the provision of complex services for the following areas: 1. cardiac surgery, thoracic surgery, vascular surgery, transplantation surgery, interventional cardiology, oncology care, stem cell transplantation, nuclear medicine inpatient therapy and nephrology for adults including children who have reached the age of 15, as well as 2 cardiac surgery, transplantation surgery, interventional cardiology, Oncology supply and stem cell transplantation for children ", that the 15 years of age who are under."

7 b is added the following paragraph 6 in section 5:

"(6) which has national legislation to require the support of hospitals, to participate in a regular nationwide quality reporting and for I no. 179/2004, to provide no personal data required, the Federal Ministry for health as far as not already are these pursuant to § 6 of the Federal law on the quality of health services, Federal Law Gazette due to other documentation obligations to report."

8 paragraph 6 ABS. 1:

"(1) the internal operation of the hospital is governed by the asylum procedure. The provincial legislature has detailed rules about the content of the agency order to adopt, which has to contain in particular: a) the tasks and facilities of the hospitals, general hospitals and special hospitals a possible outline of departments and/or other discipline-related organizational forms for acute sufferers and, besides this, also in additional facilities for long term treatment, or care group for the treatment of acute illness and long term treatment within departments;

(b) the principles of administration and their type of business, in particular, Institute-needy people only once about day (day hospital) or overnight (night hospital), or in the longer term in the semi stationary area where they dwell only on day or only at night, or in other types of operation in accordance with para 7; recorded whether instead of or in addition to the traditional art of the form

(c) regulations concerning the management of the types of operation referred to in § 2 b referred to forms of discipline-related organization, as well as in paragraph 7;

(d) regulations concerning the operation of dislocated week clinics on public holidays;

(e) the service obligations of persons employed in the hospital, as well as provisions on the regular holding of meetings between the for relevant professional groups;

(f) the behavior to be observed by dogs and visitors in the hospital;

(g) the establishment of rooms in which smoking is permitted;

"h) rules on the internal relationship between hospitals in discipline-related organizational units (article 2 b) or dislocated modes of operation (§ 6 par. 7)."

9 paragraph 6 subsection 2:

(2) that are each organizational unit and care groups to keep their number of beds under consideration of the subject and of the progress of the medicine in a more manageable size. If (interdisciplinary-run areas), there are beds for Pfleglinge of organizational units of various special subjects available is through appropriate measures, to ensure that the Pfleglinge can at any time without a doubt be assigned to a certain discipline-specific organizational unit."

10 § 6 the following paragraph 7 is added:

"(7) the following types of modes of operation are possible in hospitals in addition to the traditional kind of discipline-specific or temporally continuous operation form: 1 interdisciplinary guided areas for the treatment of dogs from various special subjects which are held in the hospital one of the discipline-related organization forms in accordance with § 2 b." It is to ensure that the Pfleglinge at any time without a doubt can be associated with a certain special compartment.

2. as a week clinic the dismissal within the allotted time-run areas of beds for inpatient treatment of cases in which is expected. Week clinics can be operated within the meaning of no. 1 specific or an interdisciplinary.

3 guided as a day hospital beds areas to day clinical treatment (intake and dismissal on the same day). The range is limited to day clinical erbringbare conservative and elective surgical services. Day clinics can be operated within the meaning of no. 1 specific or an interdisciplinary.

4. central recording and emergency treatment units facilities with unlimited operating time, consisting of a primary care clinic and a shooting range with subject to authorisation (systemisierten) beds for stationary observation of dogs for no longer than 24 hours. The permissible range of services includes providing outpatient care of acute and emergency situations including basal care and initial assessment and, if necessary, first-line treatment of other unplanned additions including up to 24 hours, as well as the organizational take over unscheduled stationary shots outside the routine operating hours (night shots) with installation on suitable normal care units at the beginning of the routine services (day service) assessment of additional treatment requirements and forwarding to the first supplying follow-up treatment in the competent specialised structure within or outside of the medical institution in the inpatient or outpatient area, the brief hospital treatment or observation. A dislocated leadership of these institutions is only in exceptional cases, allowed some to cover gaps in peripheral regions or establishing a regionally balanced supply.

5. out-patient emergency treatment unit as interdisciplinary structure for initial review and, if necessary, initial treatment, including assessment of additional treatment requirements and, if necessary, forwarding the Pfleglinge in the outpatient or inpatient care structure required. The outpatient emergency treatment unit can have an adequate number of does not permit subject beds (function), which is indispensable for a short-term accommodation to perform outpatient diagnostic and therapeutic measures. Dislocated-run outpatient emergency treatment units are to operate full time. Outpatient primary care units operated locally in a hospital or in close proximity to hospitals, the operation for a maximum adjust 8 hours, which tageszeitlich to set are in the institution, if the fulfilment of the tasks of the outpatient emergency treatment unit by the hospital in a different form. In addition Z 4 and section 26 are to apply by analogy."

11. in article 8, paragraph 1 Z 6-8 will receive the labels "8" to "10."; following Nos. 6 and 7 be inserted after Z 5: "6 in dislocated week clinics shall apply mutatis mutandis the provision to the call in accordance with Nos. 3 and 4 and may be waived outside operating hours of a permanent presence of medical specialists of the concerned special subjects, if the follow-up of the Pfleglinge mother Department outside the operating time is ensured in case of need;

7 in dislocated day clinics may be waived outside operating hours of a permanent presence of medical specialists of the concerned special subjects, if necessary conservative and postoperative follow-up is ensured;"

12. in Article 10a, paragraph 2 4 is replaced in the Z "Organization units" by the phrase "discipline-related forms of organization".

13 § 10 para 2 No. 6 is: "6 the maximum number of beds per Department in relation to the land and the supply regions or related to the sites," 14. Be added following paragraph 3 and 4 sec. 10a:


"B (3) the provisions referred to in paragraph 2 be no. 6 not on the sites, and 2 c intended for the realization of each Department and location in the regional structure plan at least non-binding with informative assign health bed capacity are in connection with article 3 par. 2.

(4) the provincial legislature has to commit the Government to publish the regional structure plan coordinated at the country level between the country and the social security system in the country health platform health on the home page of the respective country in the respective current version."

15 paragraph 14:

"§ 14. Under public hospitals hospitals are Z 1 to 3 in section 2 paragraph 1 to understand known species, which was awarded the public right."

16 paragraph 18 para 2:

"(2) depending on the local conditions a standard hospital is for 50,000 to 90,000 inhabitants (Article 2a paragraph 1 lit. a and para. 4) and for 250,000 to 300,000 inhabitants a focus on hospital (§ 2A para 1 lit. b) to set up. the establishment of a standard hospital may be waived if the conditions of § 2a para 1 lit within the respective catchment area. a or paragraph 4 by departments or other organizational units are met, dislocating; operated by focus on hospitals in each country, whose population exceeds one million, is also a central hospital (§ 2a para 1 lit. c) are established. The provincial legislature can determine that occurrence of special topographic or its circumstances these figures both inter - as may also be exceeded, however, is to establish at least a focus on hospitals in every country."

16A. the following paragraph 6 is added to article 22:

"(6) in the case of the treatment of Pfleglings in discipline-related organizational units (article 2 b) or dislocated modes of operation (§ 6 section 7) is the bird, one of the hospitals, where he resides."

17 section 40 para 1 lit. c and d is: "c) except the articles 16, 19a, para of 4, 23 paragraph of 1, 24 paragraph 1 second and third set, 24 are paragraph 2 provided that the refund code and the policy on the economic way of prescribing recommendations about further medication to take into account only if the patient is related to costs of a health insurance carrier the cure" , Sections 24 ABS. 4, 26 and 35 para. 3.

(d) for nonprofit hospitals (section 16) Moreover, the §§ 19a para 4, 27, find 27a, 28 para of 3 and 4 and 32 application."

2 part (directly applicable federal law)

18. after section 59i 59j the following section shall be inserted:

"sec. 59j. "The competent health Federal Minister/Federal Minister has the current Austrian structural plan regarded as objectified expert opinion to on the home page of the Ministry at least 1 health, 2. to publish the current model-oriented hospital finance and 3 the current basis for the documentation due to the Federal Act on the documentation in the health care sector."

19 g be added following paragraph 4-4i the section 65:

"(4 g) the provincial legislature has the implementing provisions to the § 2a para 1 lit. a and b and paragraph 3 to 5, § 2b, 2 c, § ABS. 5b para 1 and 6, § 6 ABS. 1, 2 and 7, article 8 1, paragraph 10a 2 Z 4 and 6 and paragraph 3 to 5, section 18, paragraph 2, and article 40, paragraph 1 lit. c and d as amended by Federal Law Gazette I no. 147/2011 six months to adopt.

(4 h) (determination of principle of) the provincial legislature has provided that the prior to January 1, 2012, within the framework of established Department for accident surgery surgery departments until 31 December 2015 in satellite Department in accordance with § 2a para 5 subpara 1 lit. to convert a are.

(4i) (determination of principle of) the provincial legislature has provided that the 31 December 2015 focuses in accordance with § 2a para 5 No. 2 to convert jaw and face surgery are before January 1, 2012, in the context of departments of surgery of established departments for oral,."

Fischer

Faymann