57. Federal Act establishing a Care Fund and a special purpose grant to the countries for securing and building up the care and care service offer in long-term care for the years 2011, 2012, 2013 and 2014 will be granted (nursing home law-PFG)

The National Council has decided:

Establishment and objectives of the care fund

§ 1. (1) In order to achieve the objectives set out in paragraph 2, an administrative fund is set up at the Federal Ministry of Labour, Social Affairs and Consumer Protection, which bears the name "foster fund". This is managed by the Federal Minister for Labour, Social Affairs and Consumer Protection in agreement with the Federal Minister for Finance. The care fund will provide benefits in the form of special purpose grants in accordance with § § 12 and 13 of the Financial Constitutional Law 1948 (F-VG 1948), BGBl. No. 45 in the version of the Federal Law BGBl. I No 103/2007.

(2) With the grant of special purpose grants from the care fund, the Federal Government shall support the Länder and municipalities in the field of long-term care

1.		Securing and improving the needs-based care of people in need of care and their relatives with needs-oriented and affordable care and care services (§ 3), in particular with the aim of achieving an Austrian-wide to achieve harmonisation in the field of long-term care services;
2.		without prejudice to the cost-support scheme pursuant to Article 10 (2) of the Agreement between the Federal Government and the Länder in accordance with Art. 15a B-VG, in connection with the security and the development of their care and care services (§ 3). Joint action by the Federal Government and the Länder for persons in need of care, including facilities, BGBl. No 866/1993.

Funding

§ 2. (1) The funds of the care fund shall be determined by means of a pre-payment scheme before the distribution of the Community federal charges in accordance with the 2008 Financial Equalisation Act (FAG 2008), Federal Law Gazette (BGBl). I n ° 103/2007, in the version of the Federal Law BGBl. I No 56/2011.

(2) In order to partially cover the additional costs of the countries in connection with the measures in accordance with § 3 in the years 2011, 2012, 2013 and 2014, the nursing fund will make available annually a special purpose grant to the countries, namely for the year 2011 in the amount of 100 million euros, for the year 2012 in the amount of 150 million euros, for the year 2013 in the amount of 200 million euros and for the year 2014 in the amount of 235 million euros. The extent to which these special grants are initially made from general federal funds is governed by Section 24 (9a) FAG 2008.

(3) The allocation of the purpose grant to the Länder (paragraph 1). 2) shall be carried out in accordance with the key of the resident population as determined in accordance with FAG 2008 for the respective calendar year. In accordance with § 13 F-VG 1948, the Länder are obliged to provide the municipalities with funds in proportion to their actual and proven net expenses for care services in long-term care per calendar year. .

Dedicated to the purpose grant

§ 3. (1) The purpose grant in accordance with § 2 (2) shall be granted for the security and for the establishment and establishment of the care and care services of the countries in the field of long-term care for ongoing operations, namely for offers

1.		on mobile care and care services;
2.		on stationary care and care services;
3.		In-day care of part-time;
4.		Short-term care in stationary facilities;
5.		a case-and car management system;
6.		of alternative forms of living.

The special purpose grants awarded for 2011 to 2014 shall be used as a priority for measures which are not attributable to the stationary sector in accordance with Z 2.

(2) Under

1.		Protection within the meaning of paragraph 1 shall be measures for the maintenance of the level of care with care and care services established by the Federal Statistical Office for the year 2010 until the entry into force of the Regulation in accordance with paragraph 3. to be understood in accordance with paragraph 1. The level of supply is determined by the ratio of the hours of service or consultation (para. 1 and 5) to the population aged 75 and over in the federal state or from the ratio of the places (para. 1 Z 2, 3, 4 and 6) per 1000 inhabitants of the population aged 75 years and over in the state. From the date of entry into force of the Regulation in accordance with paragraph 3, measures must be taken to ensure the maintenance of the existing level of care in the respective care and care services sector, provided that the provisions of the regulation (para. 3) has already reached a defined level of guidance in this area of care and care services;
2.		The development within the meaning of paragraph 1 shall be understood as meaning measures designed to increase the existing range of services, or to improve the quality of the services concerned;
3.		The structure within the meaning of paragraph 1 shall be taken to mean measures for the initial creation of an offer.
The evaluation of whether a measure for securing, setting up or setting up was set by means of comparative statistics (§ 5) is carried out in comparison with the previous calendar year (§ 7 para. 1).

(3) The indicative level of supply shall be as from 1. January 2013 on the basis of the data from the maintenance service database (§ 5) by regulation of the Federal Minister of 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.		Support for financial management
for care and/or people in need of care at home.

(5) In the sense of this federal law, the provision of hotel services (housing and catering) and care and care services (including day-to-day structuring services) for care and/or care is provided under the terms of this Federal Act. Persons in need of care in specially constructed facilities (including house communities) with a continuous presence of care and nursing staff.

(6) Under part-time supervision within the meaning of this Federal Act, offers of a day-care structure for care and/or maintenance of a day or at least half-day are provided. to understand people in need of care who do not live in inpatient facilities. In any case, it will be provided during the day in specially built facilities or senior citizens ' facilities.

(7) Care and social care, catering, activation offers and at least one therapy offer will be provided in the context of part-time care. In addition, the necessary transport from the place of residence to the care facility and back can be made safe.

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

1.		a temporary housing accommodation for up to three months,
2.		with food and
3.		with care and care, including a (re) activating care and care
to understand.

(9) In case of case-and caremanagement within the meaning of this Federal Act, offers

1.		the social, care and care planning based on an individual needs assessment,
2.		the organisation of the necessary care and care services, and
3.		the interface management
to understand.
Multi-professional teams can be used.

(10) Alternative residential forms within the meaning of this federal law are facilities for care and/or Persons in need of care who are no longer able to live alone for social, psychological or physical reasons, and who do not need permanent care or care.

Backup, construction and construction planning

§ 4. The funds infused to the countries in accordance with § 2 para. 2 shall be used for the tasks listed in Section 3 (1). The distribution of the funds of the special purpose part of a country on the security, the construction or construction of the individual services in accordance with § 3 (1) (1) (1) to (6) depends primarily on the requirements and on the regional cooperation with the The Federal Ministry of Labour, Social Affairs and Consumer Protection is responsible for the production of cities, municipalities and other social assistance institutions every year up to 31. October for the following year, for the first time up to 31. October 2011 for the year 2012, national plans for backup, training and development.

Maintenance services database and statistics

§ 5. (1) On behalf of the Federal Ministry of Labour, Social Affairs and Consumer Protection, the Bundesanstalt Statistik Austria has a maintenance service database for the purpose of compiling maintenance service statistics and continuing education services. statistical evaluations to be carried out and to be carried out from 1 July 2012. The compilation of the care service statistics is carried out by the Bundesanstalt Statistik Austria in accordance with the provisions of the Federal Statistics Act 2000, BGBl. I n ° 163/1999 in the version of the Federal Law BGBl. I No 111/2010. The maintenance service statistics for the years 2011 to 2014 shall be based on the annual accounts in accordance with § 7 in the form of comparative statistics.

(2) Countries shall have the data of the country concerned and required for the preparation of the care service statistics, of the country, of the municipalities, of the entities and of other institutions and undertakings, and of the associations which: Providing care services (service providers), annually from the reporting year 2011 to 30 September of the following year at the latest, for the first time until 30 September 2012, the maintenance service database on one of the Federal Statistical Office Statistics Austria Online application established for this purpose by electronic means free of charge.

(3) Countries shall submit data for each individual service provider in accordance with the maintenance service provision laid down in section 3 (1), relating to the following facts:

1.		Number of persons serviced
2.		Performance units
3.		Cost types
4.		Number of carers and carers.

(4) The Federal Minister for Labour, Social Affairs and Consumer Protection may, in agreement with the Federal Minister for Finance, ensure an Austrian-wide uniform presentation of the provisions to be submitted pursuant to paragraph 3 above and for further Data required for statistical purposes after consultation of the countries by means of a regulation, detailed rules for the implementation of the notifications, the survey characteristics to be reported, the characteristics of the characteristics and the reporting obligations.

(5) The Federal Ministry of Labour, Social Affairs and Consumer Protection, the Federal Ministry of Finance, the Länder and the municipal and municipal debits is free of charge by the Federal Statistical Office of Statistics Austria on request once in the calendar year. to transmit statistical analysis from the maintenance service database. In addition, statistical evaluations are to be deducted separately from the Federal Statistical Office of Statistics Austria by the respective contracting authority.

(6) On the reporting year 2010, the Federal Statistical Office of Austria (Bundesanstalt Statistik Österreich) is responsible for the maintenance services statistics on the basis of the Federal Ministry of Labour, Social Affairs and Consumer Protection as defined by the agreement between the Federal Government and the Federal Government. and the countries according to Art. 15a B-VG on joint measures by the Federal Government and the Länder for persons in need of care, including plants, BGBl. No 866/1993, to be transmitted. The Länder are obliged to provide the Federal Statistics Austria with the data corresponding to Appendix 1 electronically, free of charge and in full, by 30 September 2011 at the latest.

(7) The Federal Statistical Office of Austria (Bundesanstalt Statistik Österreich) is to be deducted from the costs of the services provided in accordance with § 5 from the funds of the nursing fund. As a result, the amount of the intended grants is reduced in accordance with § 2 para. 2.

Payments from the care fund

§ 6. (1) The disbursements of grants shall be paid in two equal amounts, each in May and in November of each calendar year. The special purpose grant for the year 2011 will be issued in November 2011 after the submission of the data for the year 2010 in accordance with § 5 (6).

(2) A prerequisite for the payment of the respective second subamounts of the purpose grant is the complete feeding of the data in accordance with § 5 (2) to (4) into the care service database.

(3) The payment from the care fund shall be made by the Federal Minister for Labour, Social Affairs and Consumer Protection in agreement with the Federal Minister of Finance. Any repayment obligations (§ 7 (4) and (5)) are to be calculated on the payout.

Accounting for purpose grants

§ 7. (1) The guarantee and the training and establishment of care and care services in long-term care pursuant to § 3 shall be determined on the basis of the annual comparison statistics (§ 5). For the first time, the results of the comparison statistics 2011 (deadline: 31 December 2011) will be compared with 2010 (deadline: 31 December 2010).

(2) In the event of the use of the grant for security pursuant to § 3 (2), the country concerned shall be required to make use of the dedicated use by means of an explanation of the additional expenditure required for the purpose of securing the security.

(3) In the event of the use of the grant for the construction or construction pursuant to Article 3 (2), the country concerned shall have its intended use by means of an explanation of additional information.

1.		Service hours within the framework of mobile services
2.		Settlement days for inpatient services in the context of short-term and long-term care
3.		Attendance days for semi-stationary services, taking into account half-days with 50 vH
4.		Performance hours within the context of case and car management
5.		Places in alternative housing
to the public.
The additional funds allocated to the measures referred to in paragraphs 2 and 3 shall be indicated separately.

(4) The declarations provided for in paragraphs 2 and 3 of the previous calendar year shall, for the first time by 30 September of a calendar year, for the first time by 30 September of a calendar year, have each country the Federal Ministry of Labour, Social Affairs and Consumer Protection for the purpose of accounting for the purpose grant. September 2012. In the event that the declaration is not submitted, the Federal Government may charge or reclaim up to two-thirds of the grant granted in the future with partial amounts due in the future, provided that a grace period of four weeks has passed unused.

(5) Non-dedicated appropriations shall be deducted from the statement of the partial amount due in November of the following year. In the event that special purpose grants are not used for 2014 and the data have not been settled by 30 September 2015 in accordance with § 5 (2) and (3), they shall be reimbursed immediately to the Federal Government.

Evaluation and Controlling

§ 8. (1) The Federal Government has the right to evaluate the use as well as the impact of the purpose grants of an evaluation and to review the use of the intended grants in a dedicated way at any time.

(2) Countries shall be obliged to assist the Federal Government in the exercise of its right of review pursuant to paragraph 1 above.

Enforcement

§ 9. The Federal Minister of Labour, Social Affairs and Consumer Protection is responsible for the enforcement of this Federal Act with regard to § 1 (1), § 3 (3), § 5 (4) and § 6 (3) in agreement with the Federal Minister of Finance.

Fischer

Faymann