Care Money Reform Act 2012

Original Language Title: Pflegegeldreformgesetz 2012

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58. Federal Law, with which the Federal Constitutional Law, the Federal Nursing Money Act, the Criminal Law, the Post-Structure Act and the Federal Disabled Law are amended (Care-Law of the Federal Republic of Germany 2012)

The National Council has decided:

Article 1

(constitutional provision)

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Act BGBl. I n ° 98/2010, shall be amended as follows:

(1) In Article 10 (1) (11) and (2) (2), Article 102 (2) shall be based on the facts "Social and contractual insurance;" the facts "Care money;" inserted.

(2) The following paragraph 45 is added to Article 151:

" (45) Art. 10 para. 1 Z 11 and Art. 102 (2) in the version of the Federal Law BGBl. I No 58/2011 will be 1. Jänner 2012 in force. For the transition to the new legal situation:

1.

The statutory provisions governing the affairs of the nursing care system are federal laws in the sense of this law.

2.

Regulations issued pursuant to the laws referred to in Z 1 are subject to federal regulations and, insofar as they contradict the organizational provisions of this law, are amended as meaning.

3.

The extent to which the laws and regulations referred to in Z 1 and Z 2 are applied to the 1. The application of proceedings pending in January 2012 shall be governed by the law of the Federal Republic of Germany; the implementation of such procedures shall be determined by the countries concerned. The provisions of this law applicable to the matters of Art. 11 shall apply mutatily to this point.

4.

More detailed provisions on the transition to the new legal situation can be made by German law.

5.

The Federal Minister responsible shall report to the National Council and to the Federal Council by 31 December 2014 at the latest on the enforcement of the matters relating to the care money system. "

Article 2

Amendment of the Federal Nursing Money Act

The Federal Health Care Act BGBl. N ° 110/1993, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. Table of Contents 1. Part is:

" 1.TEIL

Federal Care Money Act-BPGG

1. SECTION

General provisions

§ 1.

Purpose of the nursing home

§ 2.

Linguistic equality

2. SECTION

Eligible Persons

§ § 3. -3b.

Group of persons

§ 4.

Eligibility requirements

§ 4a.

Minimum steps

3. SECTION

Care allowance

§ 5.

Height of the care money

§ 6.

Meeting of similar claims

§ 7.

Invoice

§ 8.

Advance

§ 9.

Start, change and end of claim

§ 10.

Notification duty

§ 11.

Replacement of unjustly received care funds

§ 12.

Rest of the claim

§ 13.

Substitutes for the support of social assistance

§ 14.

Omitted

§ 14a.

Replacement of decision-makers

§ 15.

Pledge and pledge

§ 16.

Transfer of claims for damages

§ § 17. -18.

Payout

§ 18a.

Disbursements and advances in family hospice carence

§ 19.

Eligibility and continuation of the procedure

§ 20.

Replacement of money-through benefits in kind

§ 21.

Income tax and fee-free

3a. SECTION

§ § 21a. -21b.

Grants from the Support Fund

4. SECTION

§ 22.

Decision makers

5. SECTION

§ 23.

Cost replacement

6. SECTION

Procedure

§ 24.

General provisions

§ 25.

Application

§ 25a.

Review

§ 26.

Obligation to contribute

§ § 27. -28.

Modest

§ 29.

Omitted

§ 30.

Replacement of travel expenses

§ 31.

Experts

§ 32.

Identification and processing of data

§ 33.

Participation

6a. SECTION

Quality assurance

§ 33a.

Quality assurance

§ 33b.

Information and control

§ 33c.

Promotion of projects of care provision

7. SECTION

§ 34.

Transmitted impact area

8. SECTION

§ § 35. -36a.

References

§ 37.

Entry into force of regulations

9. SECTION

§ § 38. -48.

Transitional justice

§ 48a.

Transitional provisions on the amendment of the BGBl amendment. I No 128/2008

§ 48b.

Transitional provisions on the amendment of the BGBl amendment. I No 111/2010

§ 48c.

Transitional provisions on the amendment of the BGBl amendment. I No 58/2011

§ 49.

Entry into force

2. (constitutional provision) Article I and title shall be deleted.

3. The heading "Article II" No.

4. In § 3 (1), the point at the end of Z 8 shall be replaced by a line-point; the following Z 9 shall be added:

" 9.

A person with a pension, pension, pension, pension, pension, pension, pension or comparable benefit in accordance with the provisions of the national law, in accordance with national law. the existing versions. "

5. According to § 3, the following § § 3a and 3b are inserted:

" § 3a. (1) The right to care allowance in accordance with the provisions of this Federal Act shall also be without a basic service in accordance with § 3 (1) and (2) for Austrian citizens who have their habitual residence in Germany.

(2) The Austrian nationals shall be treated as equal:

1.

Foreign nationals who do not fall under one of the following paragraphs, in so far as they result in an equal treatment of national or Union law; or

2.

Foreign persons, to whom according to § 3 of the Asylum Act 2005, BGBl. I n ° 100/2005, as last amended by the Federal Law BGBl. I n ° 38/2011, or asylum granted; or

3.

Persons who are entitled to a right of residence in accordance with § § 65 and 65a of the Foreign Police Act 2005 (FPG), Federal Law Gazette (BGBl). I n ° 100/2005, as amended by the BGBl version. 38/2011, or pursuant to Sections 51 to 54a and 57 of the German Law on the Law of the Netherlands (NAG), Federal Law Gazette (BGBl). I n ° 100/2005, as amended by the BGBl version. I No 38/2011, or

4.

Persons who have a residence permit

a)

"Blue Card EU" pursuant to § 42 NAG,

b)

"permanent residence EC" in accordance with § 45 NAG,

c)

"permanent residence-family member" according to § 48 NAG,

d)

"family member" according to § 47 (2) NAG or

e)

in accordance with § 49 NAG.

(3) Keinen entitlement to care allowance according to paragraph 1 shall have, in particular:

1.

persons who, pursuant to § 3 (3) and (4), may be included in the eligible group of persons under Section 3 (1), but have not yet been included,

2.

non-working EEA citizens, Swiss nationals and their relatives in each of the first three months of their stay,

3.

Persons during their visa-free or visa-free stay in Germany,

4.

Persons who only have a temporary right of residence in accordance with § 13 Asylum Act 2005.

§ 3b. The requirement of the habitual residence in Germany pursuant to § 3 (1) to (4) and § 3a (1) shall be discernable if the stay abroad is in the interest of a required training. "

6. § 6 para. 2 Z 3 to 5 reads:

" 3.

Decision-makers in accordance with § 22 (1) Z 3 and 7a;

4.

Federal Office of Social Affairs and the Disabled;

5.

Decision-makers according to § 22 paragraph 1 Z 5. "

7. In § 6 (3) the expression "pursuant to paragraph 2 (1), (2) or (3)" by the expression "pursuant to paragraph 2 Z 1, 2, 3 or 5" replaced.

8. The following sentence is added to Article 6 (4):

"This does not apply in cases of § 3a."

9. In § 9 (1), the second sentence is deleted.

Section 12 (2) reads as follows:

" (2) The sickness and accident insurance institutions, the health care institutions and the State Health Funds referred to in paragraph 1 Z 1 shall be obliged to provide the competent decision-maker with a stationary stay in accordance with paragraph 1 Z 1 of a Health care provider immediately to report. "

11. § 13 (3) reads:

"(3) (1) shall only be applied if and to the extent that the costs of the catering are not covered by other national or national legal claims for compensation of the cost carriers."

12. § 14 deleted.

(13) The following paragraph 3 is added to section 14a:

" (3) If, in the case of § 3a, the pension insurance institution has granted care allowance for a period of time in which, on the basis of the ranking of § 6, another decision-maker is responsible for the performance of the nursing allowance, this entitlement shall be based on the following: Pension insurance institution above; paragraph 2 is to be applied mutasensitily. "

14. The following paragraph 3 is added to § 17:

" (3) The care allowance for beneficiaries in accordance with § 3 (1) Z 5 lit. c, Z 6 lit. c and § 3a shall be paid monthly in retrospect at the first of the following month; § 104 (2) of the ASVG shall apply mutatily. "

15. § 22 (1) Z 3 to 5 reads:

" 3.

§ 3 para. 1 Z 4 lit. a to i and k and Z 9 the insurance institution to the public;

4.

§ 3 paragraph 1 Z 1 lit. g, Z 5 lit. a, b and d, Z 6 lit. a and b and Z 8 the Federal Office of Social Affairs and Disability;

5.

§ 3 para. 1 Z 5 lit. c, Z 6 lit. (c) and (3a) the pension insurance institution. "

16. § 22 (1) Z 6, 7, 8 and 9 shall be deleted.

17. The following paragraph 5 is added to § 23:

" (5) The Federal Government has the pension insurance institution as decision-maker in accordance with section 22 (1) (5) and the insurance institution to the public as decision-makers in accordance with § 22 (1) Z 3 for persons of a benefit pursuant to § 3 (1) Z 4 lit. b, c and (e) and § 3 (1) (9) to replace the expenses incurred in the calculation of the benefits for the care allowance as well as the other expenses referred to in paragraph 1, first sentence, in the same way as paragraph 1. The Federal Government has to confront these decision-makers on a monthly basis to the extent necessary to the extent that they are required to pay the costs of their cash expenses. This is not the case for the insurance institution in the public service insofar as the benefits under the appropriate application of § § 4 and 5 para. 2 of the German Federal Pension Act, BGBl. I n ° 89/2006, which is provided by the Federal Government. "

18. In § 25 (1), first sentence, the term " "or in the case of the initiation of an official procedure pursuant to § 9 (1), second sentence," .

19. In § 27 (4), the expression "pursuant to § § 13, 14 and 18 (2)" by the expression "pursuant to § § 13 and 18 (2)" replaced.

Article 33 (3) reads as follows:

" (3) The district administrative authorities, the offices of the national governments, the social welfare associations, the Fonds Social Vienna, the municipalities, the federal tax authorities, the public and private hospitals, the hospital care institutions, the private stationary care and nursing facilities as well as the legal professional representations of the lawyers are obliged to carry out a reasoned request from the decision-makers or the courts in the investigation procedure to participate in this federal law, if this is in the interest of simplicity, Desirability and cost savings. The obligation to co-act also includes the transmission of data within the meaning of paragraph 1. "

21. In § 33 (4), the expression "§ 22 (1) Z 3, 4, 6, 7 and 8" by the expression "§ 22 (1) (3) and (4)" replaced.

(22) The following paragraphs 5 and 6 are added to § 33:

" (5) The offices of the State Governments, the Landesschulrat für Oberösterreich, Österreichische Post AG, Telekom Austria AG and Österreichische Postbus AG are obliged to make the insurance institution publicly available as decision-makers. Pursuant to Section 22 (1) (3) and the Pension Insurance Institution as decision-makers in accordance with Section 22 (1) Z 5, all for the takeover of the care allowance cases under the Federal Law BGBl (Bundesgesetz BGBl). I No 58/2011 to be used in an electronically usable form in a timely manner.

(6) The main association of the Austrian social insurance institutions has to determine the conditions or the amount of a care-related benefit of social assistance or of the minimum requirements-oriented security as well as for this in the context of the The following costs and restitution procedures are to be made available to the countries by means of a query possibility in the Federal Nursing Money database by means of a query possibility:

1.

Maintenance money level, statement amount of performance and statement month,

2.

the beginning of performance,

3.

Date and reason for setting the performance reference.

The costs incurred by the main association of Austrian social insurance institutions are to be replaced by the countries. "

23. In § 34 (1) the expression "pursuant to Article 22 (1) (1) and (2)" by the expression "pursuant to Article 22 (1) (1), (2) and (5)" replaced.

24. In § 34, para. 2, the expression "pursuant to § 22 (1) Z 7a" by the expression "pursuant to Article 22 (1) (3) and (7a)" replaced.

25. According to § 36, the following § 36a is inserted:

" § 36a. Insofar as they are referred to in federal regulations on the care allowance according to the previous national regulations, these apply from 1. January 2012 as references to the care allowance according to this federal law in the respective relevant grammatical form. "

26. According to § 48b, the following § 48c and heading is inserted:

" Transitional provisions on Novelle BGBl. I No 58/2011

§ 48c. (1) Final decisions taken pursuant to national law shall be deemed to be decisions pursuant to this Federal Act.

(2) A maintenance allowance which is legally recognized on the basis of national regulations as at 31 December 2011 shall apply from 1. Jänner 2012 as granted under this federal law. Persons who have been awarded a nursing allowance by 31 December 2011 in accordance with the current state regulations have been granted a final allowance of 1. January 2012 a nursing grant under the provisions of this Federal Act, at the level of the level previously granted according to national regulations; there are no signs of enacting it again. § 48b (1) to (4) shall apply mutatily.

(3) The care allowance in accordance with the existing national regulations shall be deemed to have been set at the end of 31 December 2011.

(4) All 1. Jänner 2012 has not yet been legally established, in particular for granting or increasing the care allowance in accordance with the existing state regulations, are of the following: the decision-makers responsible for the period up to 31 December 2011, up to the right of execution, including any social-judicial proceedings, to be brought to an end in accordance with the provisions of the national legislation. After a final date of execution of these proceedings, paragraphs 1 to 3 shall apply in accordance with the relevant provisions. Until the final conclusion of these procedures, the former decision-maker will remain responsible for all matters relating to implementation. Section 33 (5) shall apply after the completion of the procedures. In such cases, the Federal Government has the expenditure incurred by the Länder for a period of 1. January 2012 will be replaced by due care allowance.

(5) If the right to care allowance is to be repaid in accordance with the provisions of the state regulations to date, the following shall apply from 1. Jänner 2012 § 12.

(6) In cases in which, as at 31 December 2011, a transfer of entitlement to care allowance due to inpatient care took place as of December 31, 2011, with effect from the 1. Jänner 2012 the amount of the above-mentioned claim according to § 13 of the Office of the Office of the Federal Office of the European Union.

(7) The previous Land Care Money Carrier shall be entitled to the right of recovery, settlement and recourse with effect from the previous one. Jänner 2012 on the federal government; the provisions of this Federal Act shall apply in accordance with the provisions of this Act.

(8) The amount of the advance paid for December 2011 in accordance with the national regulations of the Länder of Lower Austria, Salzburg, Styria, Tyrol and Vorarlberg on the occasion of the takeover of the national care funds by the Federal Government Care allowance is due in place of the proportionate part of the care allowance in accordance with § 9 para. 3 for the calendar month in which the claim for care allowance is deleted. The federal government has to replace the federal states of Lower Austria, Salzburg, Styria, Tyrol and Vorarlberg with the cost of this advance payment.

(9) For persons according to § 3 paragraph 1 Z 5 lit. c and Z 6 lit. c, which in December 2011 refer to a care allowance and in which the right to benefits is maintained on 31 December 2011, is to provide an advance of care allowance from the decision-maker responsible for the expiry of the 31 December 2011. This advance is due in place of the proportional part of the nursing allowance in accordance with § 9 para. 3 for the calendar month in which the right to care allowance is issued. The advance payment is in the amount of the care money paid out for December 2011 at the latest on 1. Jänner 2012. All provisions applicable to the care allowance, with the exception of § 12, shall also apply to the advance payment.

(10) In respect of a care allowance made by persons at 31 December 2011 on the basis of national legislation to avoid a social hardship, as well as applications in pending proceedings to be submitted by that date, paragraph 1 shall apply. up to 4. "

27. The following paragraphs 17 to 20 are added to § 49:

" (17) Table of Contents 1. Part, § 3 (1) Z 9, § § 3a and 3b, § 6 para. 2 Z 3 to 5, § 6 para. 3, § 6 para. 4, § 9 para. 1, § 12 para. 2, § 13 para. 3, § 14a para. 3, § 17 para. 3, § 22 para. 1 Z 3 to 5, § 23 para. 5, § 25 para. 1 first sentence, § 27 para. 4, § 33 para. 3 to 6, § 34 para. 1 and 2, § 36a and § 48c together with the title in the version of the Federal Law BGBl. I No 58/2011 will be 1. Jänner 2012 in force. At the same time, the provisions of national law governing matters relating to the provision of care funds and the regulations issued pursuant to these laws shall be repeal, whereby these shall apply to the pending proceedings pursuant to Article 48c (4) and (10). shall continue to be applied.

(18) (constitutional provision) Article I, together with the heading, shall expire on 31 December 2011.

(19) The heading "Article II", § 14 and § 22 (1) Z 6, 7, 8 and 9 shall expire at the end of 31 December 2011.

(20) Organisational and personnel measures as well as implementing measures for the enforcement of this federal law in the version of the Federal Law BGBl. I n ° 58/2011 are required by the Federal Law Gazette BGBl. I n ° 58/2011 will be set on the following day. "

Article 3

Amendment of the Crime Rights Act

The crime victim law BGBl. No 288/1972, as last amended by BGBl. I n ° 4/2010, shall be amended as follows:

1. The last sentence is deleted in Section 13 (1).

(2) The following paragraph 12 is added to § 16:

" (12) § 13 (1) in the version of the BGBl. I No 58/2011 shall enter into force 1. Jänner 2012 in force. "

Article 4

Amendment of the Postal Structure Act

The Postal Structure Act, BGBl. N ° 201/1996, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. § 17 (7c) reads:

" (7c) The transfer amounts paid by insurance institutions from the entry into force of this Federal Act are to be transferred to the Federal Government at full height. For the execution of the Federal Nursing Money Act, the insurance institution shall be paid to the public by the Federal Government in accordance with the provisions of Section 23 (5) BPGG. "

(2) The following paragraph 7d is added to § 17:

"(7d) The undertaking to which the official referred to in paragraph 1a is assigned shall make a contribution to the federal government in proportion to the amount of contributions for insured persons in accordance with § 22 B-KUVG, which corresponds to a contribution rate of 0.8%."

(3) The following paragraph 8 is added to § 24:

" (8) § 17 (7c) and (7d) in the version of the Federal Law BGBl. I No 58/2011 will be 1. Jänner 2012 in force. "

Article 5

Amendment of the Federal Disabled

The federal disability law, BGBl. No. 283/1990, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. § 13d reads:

" § 13d. (1) The disabled lawyer shall be ordered for a period of four years. Reorder is allowed. After the end of the four-year period of operation, the acting disability lawyer has to continue doing business until a new disability lawyer is appointed. The period of continuation of the business by the incumbent lawyer is counting on the term of the newly appointed disabled person's lawyer.

(2) The Federal Minister for Labour, Social Affairs and Consumer Protection has to issue the function publicly before ordering a disabled person's lawyer. People with disabilities should be expressly invited to apply.

(3) Only those who are entitled to self-entice and have the following conditions can be appointed to the attorney for the disabled:

1.

particular experience and knowledge in the field of the needs of persons with disabilities, equal treatment and the relevant legislation,

2.

Knowledge of labour and social law,

3.

Practical experience with regard to the areas of responsibility of the disabled person's lawyer.

For the same kind of suitability, a person with a disability is to be given the preference when ordering.

(4) The Federal Minister for Labour, Social Affairs and Consumer Protection has to listen to the Federal Council for the Disabled (§ 8) after receiving applications and before ordering. The association referred to in Article 10 (1) Z 6 has to carry out a hearing with the candidates who have been drawn into the shortlist.

(5) The disability attorney is responsible for the conscientious exercise of his function and-if he is not subject to the official secrecy pursuant to Art. 20 B-VG-to the secrecy of any business known to him in the performance of his duties; and Business secrets as well as private data and family relationships are committed.

(6) The Federal Minister for Labour, Social Affairs and Consumer Protection has to abstain from the function of the disabled person if he or she requests the revitalisation or neglects the duties of his function.

(7) The Federal Minister for Labour, Social Affairs and Consumer Protection has to appoint a staff member of his portfolio as a representative of the lawyer for the disabled who, in the event of temporary prevention from an important reason, shall be prevented from doing so. for a maximum period of 12 months. The disabled lawyer has to inform the Federal Minister of Labour, Social Affairs and Consumer Protection of his prevention. The provisions of paragraphs 3 to 6, section 13c and § 13e (2) shall apply. "

(2) The following paragraph 14 is added to § 54:

" (14) § 13d in the version of the Federal Law BGBl. I N ° 58/2011 will enter into force on 1 August 2011. "

Fischer

Faymann