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 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. 61/2010, is amended as follows:

1 part

(Policy requirements)

1 § 2a para 4 third sentence reads:

"The provincial legislature can determine further that in the context of departments of Internal Medicine Department for acute Geriatrics/re mobilization and Psychosomatics, on behalf of departments of Surgery Department for accident surgery, plastic surgery and oral and maxillo - facial surgery, within the framework of the departments of Neurology Department for acute Geriatrics/re-mobilization and in the context of departments for child and Adolescent Medicine Department of Psychosomatic Medicine can be done."

2. the heading to § 5a is as follows:

"Patient rights, transparent waiting list regime"

3. the existing text of § 5a receives the description of paragraph (1), following para. 2 and 3 are added:

"(2) by the provincial legislature are to commit the institution purpose and range of services concerned carrier of public and private non-profit hospitals in accordance with article 16, paragraph 1, for elective operations, as well as for cases of invasive diagnostics at least for the subjects of special to set up a transparent waiting list regime in anonymised form Ophthalmology and optometry, orthopaedics and orthopaedic surgery and Neurosurgery, provided the respective wait four weeks. The provincial legislature has to provide criteria for the process and the Organization of this waiting list regime, where the total number of people registered per Department for engaging and of these special to make members marked persons are.

(3) the person scheduled for the surgery is to inform on their request on the specified latency. While a gathering of information electronically to enable is in accordance with the technical possibilities if at all possible."

4. § 8 para 1 No. 3 is:



"3. in focus hospitals at least in departments and organizational units for Anaesthesiology and intensive care, surgery, internal medicine, gynaecology and obstetrics, child and adolescent medicine, neurosurgery, psychiatry and trauma surgery specialist of the concerned special compartment inside constantly present is; In addition can be seen off in the night, as well as temporarily at the weekend and holiday service by a permanent presence of medical specialists of the otherwise relevant special subjects, if instead, a call is set up;"

5. in section 8c para 1 No. 2 is the word "including" by the word "and" replaced.

6 sec. 8c para 1 last sentence reads:

"The winners are entitled to request authorized or committed a fee according to the arising from experience in the average cost of an evaluation by the sponsor or otherwise to the referral."

7 sec. 8c par. 4 Z 8 is:



"8 a representative of a representative organisation of disabled people, as well as a representative of senior citizens, which a senior organization, whose setting up I no. 84/1998, complies with the Federal senior law, Federal Law Gazette, belonging to has and" 8e 8 section including headline is:

"Children and victims protection groups

§ 8e. (1) to oblige the carriers of the hospitals concerned after their agency purpose and range of services, to set up child protection groups are by the provincial legislature. For hospitals, whose Größe requires no own child protection group, child protection groups can be established together with other hospitals.

(2) the child protection group is responsible in particular the early detection of violence or neglect of children and the sensitization of the concerned professional groups for violence against children, as well as the early detection of domestic violence on victims who have not yet completed 18 years of age.

(3) a children and adolescent medicine specialist or a specialist in Pediatric Surgery have the child protection group anyway, as a representative of the medical service, to include people who are working for the psychological support or psychotherapeutic care in the hospital, and representative of the care service. The child protection group can decide if necessary in individual cases, consult a representative of the competent youth welfare institution.

(4) by the provincial legislature are to engage the support of hospitals concerned according to their purpose of establishment and services, to establish victim protection groups for adult victims of domestic violence. For hospitals, whose Größe requires no own group of victims protection, victim protection groups can be set together with other hospitals.

(5) the victim protection groups are in particular the early detection of domestic violence and raising awareness of relevant professional groups for domestic violence.

(6) the victim protection group have at least two representatives of the medical service, which have to be representatives of the subjects of the special trauma surgery as well as gynaecology and obstetrics at an appropriate range of services belonging to. In addition, members of the nursing service and people who are working for the psychological support or psychotherapeutic care in the hospital, belonging to have the victim protection group.

(7) by establishing a victims protection group may be waived, if the child protection group in accordance with the staffing requirements of paragraph 6 can fulfill the tasks of the Group of victims protection according to paragraph 5. "Instead of a group of victims protection and a child protection group a force protection group can be set up, which in accordance with the personnel requirements of § 3 and 6 both performs the tasks referred to in paragraph 2 as well as paragraph 5."

9. in article 24, paragraph 3, the phrase "public welfare" is replaced by the word "Welfare".

10 § 27a para 1 third sentence reads:

"The cost contribution duty anyway, for which already costs contributing to other federal regulations, take the hospital care in the case of maternity, sickness in connection with maternity or as a result of childbirth in claim, take the hospital care relating to a donation claim, and those persons are excluded from, for which a special social vulnerability is given, with the family" ", Income and assets as well as the type and duration of the disease are taken into account."

11 § 27a subsection 3 third sentence reads:

"The obligation to contribute anyway, people, for which already costs contributing to other federal regulations, take the hospital care in the case of maternity, sickness in connection with maternity or as a result of childbirth in claim, take the hospital care relating to a donation claim, as well as those who are excluded from, for which a special social vulnerability is given, with the family" ", Income and assets as well as the type and duration of the disease are taken into account."

12 § 27a para 5 third sentence reads:

"The obligation to contribute anyway, for that - apart from the special fee pursuant to § 27 para. 4 already costs contributing Z 1 - according to other federal regulations, take the hospital care in the case of maternity, sickness in connection with maternity or as a result of childbirth in claim, take the hospital care relating to a donation claim, and those persons are excluded from ", is given for a particular social vulnerability, with family, income and assets as well as the nature and duration of the disease are taken into account."

13 in section 38a, paragraph 3, the quote will be "Federal Law Gazette I no. 12/1997" and the phrase 'in accordance with article 167a HCP"by the quote" BGBl. I no. 18/2010 "and the phrase" according to the § 71 paragraph 3 and 167a HCP "replaced.

2 part

(directly applicable federal law)

14. under section 65, para 4e 4f the following paragraph is inserted:

"(4f) the provincial legislature has the regulations to section 2a paragraph 4, section 5a paragraph 2 and 3 together with the heading to § 5a, section 8, paragraph 1 Z 3, § 8 c para 1, § 8 c par. 4 Z 8, § 8e including heading, § 24 para 3, § 27a, paragraph 1, paragraph 3 and paragraph 5 and § 38a para 3 as amended by Federal Law Gazette I no. 69/2011 period of eight months to adopt."

Fischer

Faymann