Fund Code - Pfg

Original Language Title: Pflegefondsgesetz – PFG

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57. Federal law, with the set up a maintenance fund and a purpose to the countries for the security and the demand and expansion of care and nursing services in the long term care for the years 2011, 2012, 2013 and 2014 grants will (care Fund Act - PFG)

The National Council has decided:

Establishment and objectives of the nursing Fund

§ 1 (1) to achieve the objectives referred to in paragraph 2 a Management Fund is set up at the Federal Ministry for labour, Social Affairs and consumer protection, which is called "Maintenance fund". This is administered by the Federal Minister for labour, Social Affairs and consumer protection in consultation with the Federal Minister of finance. From the maintenance fund in the form of purpose grants in accordance with sections 12 and 13 of the financial Constitution Act 1948 (F-VG 1948), BGBl. No. 45 in the version of Federal Law Gazette services I no. 103/2007.

(2) with the purpose of grants from the maintenance fund grant, the Federal Government supports the countries and communities in the field of long term care



1 in the securing and enhancing the demand supply dependent persons and their relatives with need-oriented and affordable care and nursing care (§ 3) especially with the aim of achieving an Austria-wide harmonisation in the field of long-term care services;

2. of the backups and the demand and expansion of care and nursing services (§ 3), this without prejudice to the transmission charges in accordance with article 10 paragraph 2 of the agreement between federal and State according to article 15a B-VG on collective actions of the Federal and State Governments for elderly people, including plants, Federal Law Gazette No. 866/1993.

Agent deployment

The resources of the maintenance fund are § 2 (1) by a pre-emptive withdrawal prior to the distribution of the community federal fees pursuant to the fiscal equalization Act 2008 (FAG 2008), Federal Law Gazette I no. 103/2007, as amended by Federal Law Gazette I no. 56/2011 applied.

(2) the care Fund will make 2012, 2013 and 2014 yearly a purpose grant the countries available to partially cover of the overhead of the countries related to the measures referred to in article 3 in 2011, for the year 2011 in the amount of 100 million euros, for the year 2012 at a height of 150 million euros for the year 2013 amounting to EUR 200 million and for the year 2014 at a height of 235 million Euro. To what extent this purpose grants shall be paid first out of General Federal funds, paragraph 9a FAG sets 2008 under section 24.

(3) the distribution of the purpose grant at the countries (para. 2) according to the key established in accordance with the FAG of the resident population 2008 for the respective calendar year. The countries are F-VG 1948 committed to be share the municipalities with funds according to relative to their actually worn and proven net expenses for care services in the long term care per calendar year within the meaning of § 13.

Dedication of the grant of of purpose of

§ 3 (1) which is article 2 par. 2 purpose grant according to backup as well as for the training and establishment of counselling and care services of the countries in the area of long-term care to the operation granted for offers



1. mobile support and care services;

2. in stationary support and care services;

3. on part of inpatient care;

4. on short term care in inpatient facilities.

5. a case - and Caremanagements;

6. alternative forms of housing.

The purpose of subsidies granted for 2011-2014 are priorities for measures to use, which are not the stationary freight in accordance with no. 2.

(2) under



1 conservation measures are. safety in the sense of paragraph 1 until the entry into force of the regulation referred to in paragraph 3 of the understanding Statistics Austria for the year of 2010 identified supply level with care and maintenance services in accordance with paragraph 1 in the way of the Federal Agency. Penetration rate arises from the relationship of the performance or consulting hours (para 1 Nos. 1 and 5) to the resident in the State population at the age of 75 years and older or out of the relationship of the courses (para 1 Nos. 2, 3, 4 and 6) per 1000 inhabitants, the population aged 75 years and older in the State. From the entry into force of the regulation referred to in paragraph 3 are under backup measures to preserve the degree of existing supply in the respective support and care service capacity to understand, unless determined by Regulation (paragraph 3) set penetration rate in this care and nursing service area has already been reached;

2 to understand measures that cause the increase of the respective existing services or a qualitative improvement are expansion in the sense of paragraph 1;

3. measures for establishing first an offer to understand are structure in the sense of paragraph 1.

Assessing whether a measure was used to secure, to education or construction, using comparison statistics (article 5) each as compared to the previous calendar year (§ 7 para 1).

(3) the set penetration rate is set from 1 January 2013, based on the data from the nursing performance database (section 5) by regulation of the Federal Minister for labour, Social Affairs and consumer protection in agreement with the Federal Minister of finance.

(4) mobile services within the meaning of this Federal Act are offers



1. social care or 2 care or 3. assist in financial management for Manager - or elderly people at home.

(5) the provision refers to inpatient care and support within the meaning of this Federal Act hotel services (housing and meals) and care and support services (including day structuring services) for Manager - and caring persons in specially built facilities (including home communities) with continuous presence of care and nursing staff.

(6) part of inpatient care in the meaning of this federal law are offers of a completely or at least half-supervised daily structure for Manager - or elderly people who do not live in in-patient facilities, to understand. She provided at least during the day in specially built facilities or senior institutions.

(7) in the framework of part of inpatient care, care and social care, catering, activation offers at least a range of therapies are provided. In addition, the necessary transport can be placed to the care facility and back safely from home.

(8) under short-term care in stationary facilities within the meaning of this Federal Act, offers are



1. one time up to three months temporary residential accommodation, 2. catering as well as 3 with care including a (re-) activating and care to understand.

(9) see case and care within the meaning of this Federal Act, offers are



1. the social, support and care planning on the basis of an individual needs assessment, 2. the Organization of the necessary support and care services and 3. of joint management to understand.
Teams can be used multimedia professionals.

(10) alternative forms of housing within the meaning of this Federal Act are facilities Manager - or elderly people who can stay alone anymore, not social, psychological or physical reasons and any permanent stationary support or care.

Backup, export and design planning

§ 4. The funds flowing to the countries referred to in section 2, paragraph 2 are to use specified tasks in article 3, paragraph 1. The distribution of funds of purpose grant share of a country to secure the education or development of individual services in accordance with article 3, paragraph 1 Z 1 to 6 is to be created primarily to the requirements as well as the regional cooperation with the cities, communities and other social media and the Federal Ministry for labour, Social Affairs and consumer protection every year to 31 October of the following year , to be presented for the first time until October 31, 2011 for 2012, backup, training and development plans of the countries.

Nursing performance database and statistics

5. (1) the Federal Agency Statistics Austria has to set up a nursing performance database for the purpose of the creation of nursing performance statistics and advanced statistical analysis on behalf of the Federal Ministry for labour, Social Affairs and consumer protection and to run from July 1, 2012. Nursing service-performance statistics is carried out by the Federal Agency Statistics Austria according to the provisions of the Federal Statistics Act 2000, Federal Law Gazette I no. 163/1999 as amended by Federal Law Gazette I no. 111/2010. Nursing performance statistics for the years 2011-2014 are in the form of comparative statistics the annual accounts in accordance with § 7 basis to lay.


(2) the countries have the concerning her country and necessary for the production of nursing performance statistics data of the country, who is a communities, outsourced entities and other institutions, enterprises and associations, which provide care services (service providers), annually from the year 2011 by no later than 30 September of the following year, for the first time until September 30, 2012, the nursing performance database via by the Federal statistics free of charge to transmit Austria for this furnished online application electronically.

(3) that countries have for each individual service providers broken down the care services set out in article 3, paragraph 1 data relating to the following matters, to send to:



1. number of persons 2. supervised power units 3. cost elements 4. number of counselling and care-givers.

(4) the Federal Minister for labour, Social Affairs and consumer protection can set detailed rules for the implementation of the messages, the survey characteristics required to be reported, characteristics and the reporting obligations in agreement with the Federal Minister of finance to ensure a nationwide uniform presentation of data to be transmitted in accordance with paragraph 3 and necessary for further statistical purposes after consulting the countries by means of regulation.

(5) the Federal Ministry of labour, Social Affairs and consumer protection, the Federal Ministry of finance, the countries and the cities and municipalities is the Federal agency once in the calendar year a free statistical analysis from the nursing performance database to deliver by Statistics Austria on request. Beyond statistical evaluations are separately to pay the Federal Statistics Austria by the respective customer.

(6) for the year 2010 Statistics Austria is by the Federal nursing performance statistics on the basis of the countries the Federal Minister for labour, Social Affairs and consumer protection in accordance with the agreement between the Federal Government and the States in accordance with article 15a B-VG on collective actions of the Federal and State Governments for dependent persons, including attachments, BGBl. to create no. 866/1993, to submit data. Countries are obliged to send the Federal Statistics Austria data according to annex 1 no later than September 30, 2011 electronically, free of charge and completely.

(7) the Federal Statistics Austria is the expense for the services according to § 5 of the maintenance fund to pay. This reduces the amount of purpose grants in accordance with section 2, paragraph 2.

Payments from the nursing Fund

6. (1) the grants of of purpose of paid in two equal instalments high respectively in May and November of each calendar year. The purpose grant for 2011 is brought to submission of data for the year 2010 pursuant to § 5 para 6 entirely in November 2011 to the statement.

(2) a prerequisite for the payment of the second part of amounts of the grant of of purpose of is the complete introduction of data in accordance with § 5 para 2 to 4 in the nursing performance database.

(3) the payment of the maintenance fund is carried out by the Federal Minister for labour, Social Affairs and consumer protection in agreement with the Federal Minister of finance. If the payout any repayment obligations (§ 7 para 4 and 5) to offset.

Statement of grants of of purpose of

7. (1) the backup as well as the and expansion of care and nursing care in the long-term care pursuant to article 3 is determined on the basis of the annual comparative statistics (article 5). For the first time are the results of the comparison statistics 2011 (deadline: December 31, 2011) 2010 (deadline: December 31, 2010) compared.

(2) in the case of the use of the grant to secure pursuant to § 3 para 2, the country concerned has to demonstrate the dedication intended by means of declaration via the relevant overhead to the backup.

(3) in the case of the use of the grant for education or construction according to § 3 para 2, the country concerned has its dedication intended declaration of additional



1 service hours as part of the mobile services 2. clearing days visiting days when part of stationary services, with half days with 50 per cent are included in inpatient services in the context of the short - and long-term care 3. 4 service hours in the context of the case and Caremanagements 5 courses with alternative forms of housing to occupy.
The means applied in addition to the measures referred to in paragraph 2 and 3 are separately.

(4) each country has the Ministry for work, for the settlement of the grant of of purpose of no later than September 30 of the calendar year, for the first time until September 30, 2012 to present social affairs and consumer protection the declarations referred to in paragraph 2 and 3 of the previous calendar year. For the case that the statement is not presented, the Federal Government can offset up to two-thirds of the granted purpose grant with part amounts in the future due or demand, provided that a period of grace of four weeks has elapsed r.p.m.

(5) according to do not dispose of used resources are brought on the instruction of the maturing in November of the following year instalment will be deducted. In the event that 2014 is not according to purpose grants for the year and the data until 30 September 2015 according to § 5 para 2 and 3 have been settled, this immediately to the Federal are to refund.

Evaluation and controlling

§ 8 (1) the Federal Government has the right to use, as well as the impact of an evaluation purpose grants and at any time to check the dedication intended of purpose subsidies.

(2) the countries are committed to support the Federal Government in the exercise of its right of review referred to in paragraph 1.

Enforcement

§ 9. With the completion of this federal law, the Federal Minister for labour, Social Affairs and consumer protection is responsible in terms of § 1 para 1, § 3 para 3, § 5 ABS. 4 and § 6 ABS. 3 in agreement with the Federal Minister of finance.

Fischer

Faymann