Amendment Of The Federal Law On Hospitals And Sanatoria

Original Language Title: Änderung des Bundesgesetzes über Krankenanstalten und Kuranstalten

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69. Federal Act amending the federal law on hospitals and courting companies

The National Council has decided:

Federal law on hospitals and health care institutions, BGBl. No. 1/1957, as last amended by the Federal Law BGBl. I No 61/2010, is amended as follows:

Part 1

(Basic provisions)

The third sentence of Section 2a (4) reads as follows:

" The state legislation can also determine that within the scope of departments for internal medicine departments for acute geriatrics/reobilisation and psychosomatics, within the scope of departments for surgery departments for trauma surgery, plastic surgery and oral and maxillofacial surgery, as part of the Department of Neurology Department of Acute Geriatrics/Remobilisation and within the scope of departments for children's and adolescent medicine Departments of Psychosomatics can be conducted. "

2. The heading to § 5a reads as follows:

"Patients ' rights, transparent wartelist regime"

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

" (2) By means of the national legislation, the carriers of public and private non-profit-making hospitals which are eligible for the purpose and the service offer are to be required under Section 16 (1) to ensure a transparent waiting list regime in anonymized form for elective operations as well as for cases of invasive diagnostics, at least for the special subjects ophthalmology and optometry, orthopaedics and orthopaedic surgery as well as neurosurgery, provided that the waiting period is four Weeks. The national legislation must provide for criteria for the organisation and organisation of this system of waiting lists, with the total number of persons who have been earmarked for the intervention and those of the special-class members. People can be identified.

(3) The person required for the intervention shall be informed of their desire to wait for the given waiting period. In accordance with the technical possibilities, it shall be possible to obtain a request for information by electronic means. "

4. § 8 (1) Z 3 reads:

" 3.

In any case, in priority hospitals in departments and organisational units for anesthesiology and intensive care, surgery, internal medicine, gynaecology and obstetrics, pediatrics, pediatrics, neurosurgery, psychiatry and Accident surgery a specialist of the special subject in question is permanently present in the institution; in addition, in the night-as well as temporarily in the weekend and holiday service can be considered by a permanent presence of specialists of the otherwise considered Special subjects are not required, if instead of a call-up is set up; "

(5) In Section 8c (1) (2), the word shall be: "including" by the word "and" replaced.

6. § 8c (1) last sentence reads:

" The sponsors are entitled to the sponsor and/or the sponsor. otherwise, for the purpose of referral to the holder or pledge, to demand a contribution to the costs in accordance with the cost of an assessment, which is on average to be incurred, according to experience. "

7. § 8c (4) Z 8 reads:

" 8.

A representative of a representative disability organisation and a representative of the senior citizens, who are members of a senior citizens 'organisation, whose establishment is the Federal Senior Citizens' Act, BGBl. I n ° 84/1998, has been included and '

8. § 8e together with headline reads:

" Child and victim protection groups

§ 8e. (1) State legislation requires the institutions of the hospitals to be considered to be responsible for the establishment of child protection groups according to their intended purpose and offer of services. For hospitals whose size does not require their own child protection group, children's protection groups can also be set up jointly with other hospitals.

(2) The child protection group shall, in particular, include the early detection of violence or neglect of children and the awareness-raising of relevant occupational groups for violence against children, as well as the early detection of domestic violence. Victims, the 18. They have not completed their life year.

(3) In any case, the child protection group, as representative of the medical service, has a specialist for paediatric and juvenile medicine, or a specialist in paediatric surgery, representatives of the nursing service and persons who are responsible for psychological care or psychotherapeutic care in the hospital. The child protection group may, if appropriate in individual cases, decide to join a representative of the responsible youth welfare institution.

(4) The national legislation requires the institutions of the hospitals to be required to set up victims ' protection groups for persons affected by domestic violence in accordance with their intended use and services. For hospitals whose size does not require their own victims 'protection group, victims' protection groups can also be set up jointly with other hospitals.

(5) The victim protection groups are particularly concerned with the early detection of domestic violence and the raising of awareness among the occupational groups concerned for domestic violence.

(6) In any case, the victims ' protection group shall have two representatives of the medical service, who shall be representatives of the special subjects of trauma surgery and gynaecology and obstetrics in the case of a corresponding service offering. In addition, the victims ' protection group shall have members of the nursing service and persons working in the hospital for psychological care or psychotherapeutic care.

(7) Apart from the establishment of a victims 'protection group, the child protection group may also fulfil the tasks of the victims' protection group in accordance with paragraph 5, having regard to the personnel requirements laid down in paragraph 6. Instead of a victim protection group and a child protection group, a group of non-violence groups may also be set up, which, having regard to the personnel requirements of paragraphs 3 and 6, shall carry out both the tasks referred to in paragraph 2 and in accordance with paragraph 5. "

9. In Section 24 (3), the phrase "Public care" by the word "Social assistance" replaced.

10. § 27a (1) third sentence reads:

" In any case, persons who have already made a contribution to the costs of costs in accordance with other federal regulations are responsible for the maintenance of costs in the case of maternity, in the case of illness in connection with motherhood, or , as a consequence of the demise, the administration of the administration in connection with an organ donation, as well as those persons for which special social protection needs are given, with the family, income and income of the person taking up the and property and the nature and duration of the disease shall be taken into account.

11. § 27a (3) third sentence reads:

" In any case, persons who have already made a contribution to their costs in accordance with other federal regulations are responsible for the administration of the state in the case of maternity, in the event of illness in connection with motherhood, or as a result of a contribution to the costs of the child. As a consequence of the demise, take advantage of the administration of the administration in connection with an organ donation, as well as those persons for which special social protection needs are given, with the family, income and income and to take account of the nature and duration of the disease "

12. § 27a (5) third sentence reads:

" In any case, persons for which, apart from the special class fee pursuant to § 27 (4) (1) (1), a contribution to the costs is already being made in accordance with other federal regulations, the administration of the state in the case of maternity, in the case of maternity, is not required. In case of illness in connection with motherhood or as a consequence of the birth, take care of the administration of the administration in connection with an organ donation, as well as those persons for which a special social need to be protected, with family, income and wealth relationships as well as the nature and duration of the disease. "

13. In Section 38a (3), the quote " BGBl. I No 12/1997 " and the phrase "according to § 167a StVG" by quoting " BGBl. I No 18/2010 " and the phrase "in accordance with § § 71 (3) and 167a of the StVG" replaced.

Part 2

(federal law directly applicable)

14. In accordance with § 65 (4e), the following paragraph 4f is inserted:

" (4f) The state legislation has the implementing provisions for § 2a (4), § 5a (2) and (3), including the title to § 5a, § 8 (1) Z 3, § 8c (1), § 8c (4) Z 8, § 8e, including the title, § 24 (3), § 27a (1), (3) and (5) and 38a (3). the version of the Federal Law BGBl. I n ° 69/2011 within eight months. '

Fischer

Faymann