446. Ordinance of the Federal Minister of Health on the Rules of Business of the Arbitration Commissions (Arbitration Commission Regulation 2010-SchKV 2010)

Pursuant to § § 343a (3), 343b (3), 343d, 343d, 347 (4), 348f and 351 of the General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 102/2010, shall be arranged:

1. SECTION

Rules of Procedure of the Joint Arbitration Commissions

Legal position and seat

§ 1. (1) A joint arbitration commission shall be established in each federal state on the basis of § 344 ASVG.

(2) The Joint Arbitration Commissions shall have their seat

1.		in the country of Lower Austria
a)			in the years in which the Medical Chamber has to conduct the law-making business, in Vienna, as long as the seat of the Medical Association is located there, otherwise in the state capital;
b)			in matters relating to a dentist (Dentistin/Dentisten) or a midwife, in the state capital;
2.		in the province of Vorarlberg in Dornbirn;
3.		in the other countries in the respective state capital.

Responsibility

§ 2. (1) The Joint Arbitration Commission shall be responsible for:

1.		for the arbitration and decision of disputes between the contract doctor/contract doctor and the sickness insurance institution, which are in legal or actual connection with the individual contract, provided that it is not a decision on the effectiveness of a termination in accordance with § 343 (4) of the ASVG;
2.		for arbitration and decision-making of disputes between contract dentist (contract dentist/contract dentist) and sickness insurance institution which is in legal or actual relationship with the individual contract, in the absence of a decision on the effectiveness of a termination in accordance with § 343 (4) of the ASVG in conjunction with Section 343d of the ASVG or § 349 (1) of the ASVG;
3.		for the arbitration and decision of disputes between midwives and sickness insurance providers, which are in a legal or actual relationship with the contractual relationship.

(2) The local jurisdiction shall be determined by the professional seat of the contract doctor or the contract dentist (the contract dentist) or the midwife who is the subject of the dispute as a Party is involved.

Composition

§ 3. (1) The Joint Arbitration Commission shall consist of the Judge/Judge of the retirees appointed as Chairperson/Chairperson and of four members of the Advisory Board.

(2) The Chairperson and the Vice-Chairman shall be appointed by the Federal Minister of Justice in accordance with Section 344 (2) of the ASVG. The term of office shall be five years.

(3) The participating insurance institution and the legal representation of interests, whose members/relatives are involved in the dispute as a party, have to appoint two co-sitters for the individual dispute. At the same time, two alternate members shall be appointed for each member of the sitter. The Order of Advice (Deputy Order) shall be notified without delay to the other place responsible for placing the order.

(4) If a Beisitzer (Deputy/Deputy) is not appointed by the office within four weeks after the request by the office (§ 4), the right of the order to be placed on the order shall be the Federal Minister of Health.

Management of the law firms

§ 4. (1) The law firms shall be held annually alternately, in years with a straight annual number, from the local legal representation of interests, in the other years from the locally competent territorial health insurance fund. This also applies to procedures that have been pending before an annual change.

(2) The office shall, in particular, arrange for the appointment of the members of the Joint Arbitration Commission in a timely way and shall take the necessary measures.

(3) The Office shall provide a written guide and a suitable sitting room (negotiation) for the meetings and negotiations of the Joint Arbitration Commission.

(4) The office responsible at the time of the initiation of the arbitration procedure shall ensure the final storage of the procedural documents (files); after four years after the expiry of the legal force of the procedural decision, it may be possible to: these are also effected by means of microfilm, data carriers or the like. The retention period shall be 30 years from the end of the year in which the procedural decision is in legal force.

Initiation of proceedings

§ 5. (1) Applications to the Joint Arbitration Commission shall be submitted in writing to the office of the Office (§ 4). The application shall be made up of six copies, one of which is intended for the respondent and the members of the Joint Arbitration Commission.

(2) The application shall contain a presentation of the dispute, the designation of the necessary evidence and a specific desire. Documents shall be included in the original or transcript.

(3) A breach of para. 1 and 2 is one of the defects in written application within the meaning of Section 13 (3) of the AVG.

(4) The office of office (§ 4) shall immediately submit the applications and direct copies to be submitted to the Chairman of the Joint Arbitration Commission.

Contraption

§ 6. (1) The Chairman shall have the delivery of the copy of the application to the respondent's opponent. He/she is free to submit a copy to the office within a period of four weeks. The transcript is to be followed by six headings, one of which is intended for the applicant and the members of the Joint Arbitration Commission; in the event of an infringement, Article 13 (3) of the AVG is to be applied. The Chairperson shall have the delivery of the transcript designated for the applicant/applicant to the applicant.

(2) The office of office shall make available to the members of the Joint Arbitration Commission, in accordance with the provisions laid down for the appointment of the members, the names of the members of the Joint Arbitration Committee.

Oral proceedings

§ 7. The Joint Arbitration Commission shall, as a general rule, have within two weeks after the reply has been received, or after the expiry of the time limit for the refund of a reply.

1.		to decide on the basis of the file situation in the case itself, or
2.		decide what evidence should be included and whether an oral hearing is to be held.

(2) The charges for oral proceedings shall be delivered at the latest one week before the oral proceedings. The charge of the members of the Joint Arbitration Commission has to contain the addition that in the event of the prevention of this, the office (§ 4) must be notified.

(3) All members of the Joint Arbitration Commission shall be entitled to raise appropriate questions to the parties, witnesses and experts to determine the facts of the case. This right is also the right of the parties.

SchlichtungsAttempt

§ 8. In the event of the conduct of oral proceedings (§ 7), the Joint Arbitration Commission must first attempt to settle the dispute.

Management and conclusion of the negotiation (consultation)

§ 9. (1) The Chairman shall be responsible for the negotiation (consultation).

(2) The oral proceedings must be concluded after the acceptance of the admissible introduction of all the parties concerned, the end of the taking of evidence and a full discussion of the facts.

(3) Each oral proceedings shall be subject to a transcript to be signed by the chairman.

Decision-making

§ 10. (1) The decision-making capacity of the Joint Arbitration Commission shall be given if all the members of the Commission were present during the oral proceedings, during the deliberations and in the decision-making process.

(2) The Joint Arbitration Commission shall, in the absence of the parties, decide by a decision with a simple majority on the basis of the results of the investigation procedure; a abstention is not admissible. The chairman has to cast her/his/her voice last. Advice and decision-making shall be subject to a separate minutes, which shall be completed by the chairman.

(3) A request for the transfer of the competence pursuant to § 344 (3) second and third sentence ASVG shall be submitted to the Landesberufungskommission (Regional Appointment Commission).

Copy of the hardware

§ 11. § 18 AVG is to be applied with the proviso that in the communication of the Joint Arbitration Commission the names of the members who participated in the decision and the Genehmiding pursuant to Section 18 (3) and (4) of the AVG are to be named. Chairman is. The office shall establish the necessary number of copies and arrange for the notification to be delivered to the parties.

Cost

§ 12. (1) The co-sitters of the Joint Arbitration Commissions have to perform their duties on an honorary basis.

(2) The chairpersons of these Commissions receive compensation. This will be borne by the relevant legal representation of interests and the insurance institutions involved in the proceedings, half of which are to be considered.

(3) The costs of the Joint Arbitration Commissions, including the expert fees, shall be borne by each half of the relevant legal representation of interests and of the insurance institutions involved in the proceedings.

2. SECTION

Rules of Procedure of the National Appeals Committees

Legal position and seat

§ 13. (1) For each federal state, a state appeals commission is established on the basis of Section 345 (1) of the ASVG.

(2) The national appointment commissions shall have their seat

1.		in the country of Lower Austria
a)			in the years in which the Medical Chamber has to conduct the law-making business, in Vienna, as long as the seat of the Medical Association is located there, otherwise in the state capital;
b)			in matters relating to a dentist (Dentistin/Dentisten) or a midwife, in the state capital;
2.		for the State of Vorarlberg in Dornbirn;
3.		for the other countries in the respective state capital.

Responsibility

§ 14. The National Appointment Commission is responsible for:

1.		on the decision to appeal against the decision of the Joint Arbitration Commission;
2.		for the decision in the cases of the transfer of responsibility pursuant to § 344 (3) of the ASVG.

Composition, Term of office

§ 15. (1) The National Appointment Commission consists of the Judge/Judge of the Board of Service appointed as Chairman/Chairperson and of four members of the Advisory Board. The term of office shall be five years.

(2) The Chairperson and the Vice-Chairman shall be appointed by the Federal Minister of Justice in accordance with Section 345 (1) of the ASVG. Two co-sitters are to be appointed by the Federal Minister of Justice on a proposal from the relevant legal representation of interests and from the main association of Austrian social insurance institutions (hereinafter the main association).

(3) The main body and the relevant legal representations of interests shall propose to the Federal Minister for Jusitz the next following term of office no later than three months before the date of the commencement of the term of office. At the same time, two alternates/alternates shall be proposed for each Member of the Advisory Board.

(4) Depending on whether this is a matter which concerns physicians, dentists/dentists (Dentistinnen/Dentisten) or midwives, the co-sitters are responsible for the legal representation of their interests in the area of -Negotiation.

Management of the law firms

§ 16. (1) § 4 (1), (3) and (4) shall apply mutatily. The law firms in matters relating to a dentist (Dentistin/Dentisten) shall be held annually alternately by the Austrian Dentist Chamber and the locally responsible area sickness insurance fund.

(2) The Office shall, in particular:

1.		to initiate the timely deployment of the co-sitters of the State Appointment Commission and to take the necessary measures;
2.		a list of the appointed members of the chair and their alternates to the chairpersons and their deputiors and/or their deputised members. whose deputy is to be transmitted.

Appointment procedure

§ 17. (1) § § 7 to 10 shall apply with the proviso that an oral hearing must be carried out by the Land Appeal Commission in any case.

(2) § 11 shall apply mutatily.

Proceedings in matters pursuant to § 14 Z 2

§ 18. § § 5 to 11 shall apply in accordance with the provisions of § § 5 to 11 of the Federal State Appointment Commission.

Cost

§ 19. (1) The co-sitters of the State Appointment Commissions have to carry out their duties on a voluntary basis.

(2) The chairpersons of these Commissions receive compensation. Half of these are borne by the relevant legal representation of interests and by the main body.

(3) The costs incurred by the State Appointment Commissions are to be borne in accordance with Section 12 (3).

3. SECTION

Rules of Procedure of the National Arbitration Commissions

Legal position and seat

§ 20. (1) A regional arbitration commission shall be established for each federal state on the basis of Section 345a (1) of the ASVG.

(2) The Land Arbitration Commissions shall have their seat

1.		in the country of Lower Austria
a)			in the years in which the Medical Chamber has to conduct the law-making business, in Vienna, as long as the seat of the Medical Association is located there, otherwise in the state capital;
b)			in matters relating to a dentist (Dentistin/Dentisten) or a midwife, in the state capital;
2.		for the State of Vorarlberg in Dornbirn;
3.		for the other countries in the respective state capital.

Responsibility

§ 21. (1) The State Arbitration Commission is responsible:

1.		for the arbitration and decision of disputes between the parties to an overall contract in accordance with § § 343d, 345a and 351 ASVG;
2.		on the decision on the effectiveness of a dismissal according to § 343 (4) of the ASVG and § 343 (4) ASVG in connection with § 343d ASVG and § 349 paragraph 1 ASVG;
3.		for the decision on applications pursuant to section 343 (1a) of the ASVG.

(2) In the case of disputes arising out of an overall contract, the seat of the legal representation of interests involved in the proceedings shall be decisive for the local jurisdiction. Without prejudice to this, the Regional Arbitration Commission is responsible for Lower Austria if the interests involved are the Medical Association of Lower Austria. In the case of disputes arising out of a contractual relationship as referred to in paragraph 1 Z 2, the local jurisdiction shall be determined by the professional seat of the contract doctor, contract dentist/contract dentist (the contract dentist) or the contract dentist Hebamme, who is involved in the dispute procedure as a party.

Composition, Term of office

§ 22. (1) The State Arbitration Commission shall consist of the judge appointed by the Federal Minister of Justice as chairperson/chairperson of the retirement age and of four co-sitters. The term of office of the Chairman (Deputy/Deputy) shall be five years.

(2) The Chairperson and the Vice-Chairman shall be appointed by the Federal Minister of Justice in accordance with Section 345a (1) of the ASVG. Two co-sitters will be sent by the relevant legal representation of interest and by the main association.

(3) The main association and the relevant legal representations of interests must send the members of the advisory board to the regional arbitration commission for the individual dispute. At the same time, two alternates are to be sent for each side-sitter. The posting of the members of the co-sitter shall be notified without delay to the other authorities responsible for sending the sittresses/consitors.

Procedure

§ 23. With regard to the management of the law firms, the initiation of the proceedings, the transcript, the oral proceedings, the trial, the management of the proceedings (deliberation), the decision-making and the preparation of the proceedings are § § 4 (1), (3) and (4) and § § 5 to 11 and 16 (2) shall apply in the appropriate way.

Cost

§ 24. § 19 shall apply mutatily.

4. SECTION

Rules of procedure of the Federal Commission

Legal position and seat

§ 25. On the basis of § § 343d para. 1, 346, 348f and 351 ASVG, a federal arbitration commission with its seat in Vienna is hereby established.

Responsibility

§ 26. The Federal Arbitration Commission is responsible:

1.		on the decision to apportion appeals against the Land Arbitration Commissions;
2.		the fixing of the content of a contract for a maximum period of three months;
3.		for the arbitration and decision of disputes in accordance with § § 348c, 348d and 348e ASVG.

Composition, Term of office

§ 27. (1) The Federal Arbitration Commission shall consist of the active Judge/Judge of the Supreme Court appointed by the Federal Minister of Justice as Chairperson/Chairperson and appointed by the same Federal Minister as a co-sitter. Two judges, who also belong to the state of the Supreme Court, and four other co-sitters, two of whom are two from the relevant legal representation of interest and from the main body will be sent. The term of office shall be five years.

(2) The chairperson and the vice-chairperson as well as the judicial advisers and their alternates are to be ordered by the Federal Minister of Justice in accordance with § 346 ASVG.

(3) The relevant legal representation of interests and the main association shall send the members of the co-sitter for the following term of office no later than three months before the beginning of the term of office. At the same time, two alternates/deputisers must be appointed for each member of the sitter. to be sent. The posting is to be immediately announced to the Federal Ministry of Justice.

(4) The members of the Federal Arbitration Commission shall be appointed by the Federal Minister for Justice (Section 346 (3) of the ASVG).

(5) Depending on whether this is a matter which concerns doctors, dentists/dentists, dentists, midwives or pharmacists, the co-siters are in the area of their statutory health insurance. the representation of interests for negotiation.

Management of the law firms

§ 28. (1) The Federal Arbitration Commission's law firms shall be held annually alternately by the relevant legal representation of interests and by the main association.

(2) § 4 (3) and (4) as well as § 11 shall apply in a reasonable way.

Appointment procedure

§ 29. § § 7 to 10 are to be applied with the proviso that an oral hearing is to be carried out by the Federal Arbitration Commission in any case.

Procedure for the determination of the contract

§ 30. Applications for the establishment of the content of a announced total contract (§ 26 Z 2) shall be submitted to the office of the Federal Arbitration Commission in writing. The application is to be followed by seven letters, one of which is intended for the respondent and the member of the Federal Arbitration Commission (Bundesschiedskommission). The request shall be justified. The necessary evidence shall be designated, documents shall be included in the form of the document or in copy. In addition, § § 6 to 11 shall apply mutatily.

Proceedings in matters pursuant to § 26 Z 3

§ 31. § § 5 to 11 are to be applied in proceedings of the affairs according to § 26 Z 3 with the proviso that seven rectifiers are to be connected in each case.

Cost

§ 32. § 19 shall apply mutatily.

5. SECTION

Transitional and final provisions

§ 33. (1) This Regulation shall enter into force retroactively with 1 September 2010.

(2) This Regulation shall also apply to the conciliation or decision of disputes arising out of contracts concluded before the entry into force of this Regulation.

(3) Where matters concern a midwife, the law proceedings of the proceedings pending at the date of entry into force of the Regulation shall be from the Registry of the Local Medical Association or the Office of the Local Medical Association, respectively. to the Austrian Medical Association. Matters which have not yet been decided upon the entry into force of the Regulation to the Joint Arbitration Commission and which have not yet been decided at the time of the appointment of the judicial chairpersons shall be subject to the new composition of the Joint Arbitration Board. Arbitration Commission shall continue to lead. If a decision of the Joint Arbitration Commission has already been taken in a pending procedure on the entry into force of the Regulation, or if the State Appointment Commission is competent in accordance with Section 14 Z 2, no repetition of the procedure shall be provided. is required. Moreover, this Regulation shall also apply to proceedings pending at the date of its entry into force.

(4) The appointment of the chairpersons of the Joint Arbitration Commissions shall be up to the maximum of 1. Jänner 2011. Until the date of the appointment, the respective Joint Arbitration Commission shall be responsible for exercising its responsibility in the previous composition.

(5) The Regulation of the Federal Minister of Labour and Social Affairs on the rules of procedure of the General Social Insurance Act (BGBl) in Sections 344, 345, 345a and 346 of the General Social Insurance Act. No. 189/1955, Arbitral Commissions, BGBl. N ° 128/1991, as amended by the BGBl Regulation. No. 614/1996, is hereby repealed.

Stöger