61. Federal Law, with which the Medical Law 1998 (14. Medical Law Novel), the Dental Act, the Federal Act on hospitals and spa institutions, the General Social Insurance Act (72). Novelle to the ASVG), the Industrial Social Security Act, the Farmers-Social Insurance Act, the Official Health and Accident Insurance Act, the Federal Act on the Social Security of self-employed workers, the Health and Nursing Act, the Hebammen Act, the MTD Act and the MTF-SHD Act are amended (Federal Act on the Strengthening of Outpatient Public Health Care)

The National Council has decided:

Content Summary

Article 1	Amendment of the Medical Act 1998
Article 2	Amendment of the Dentist Act
Article 3	Amendment of the Federal Act on hospitals and health care institutions
Article 4	Amendment of the General Social Insurance Act
Article 5	Amendment of the Industrial Social Insurance Act
Article 6	Amendment of the Farmers-Social Security Act
Article 7	Amendment of the Staff Regulations-Health and Accident Insurance Act
Article 8	Amendment of the Federal Act on Social Security for the free-self-employed
	Employment
Article 9	Amendment of the Health and Health Care Act
Article 10	Amendment of the Hebammen Act
Article 11	Amendment of the MTD Act
Article 12	Amendment of the MTF-SHD Act

Article 1

Amendment of the Medical Act 1998 (14. Medical Law-Novel)

The Doctors Act 1998, BGBl. I n ° 169, as last amended by the Federal Law BGBl. I n ° 144/2009, shall be amended as follows:

1. § 3 (1) second sentence is deleted.

2. § 3 para. 3 second sentence reads:

" If organizational regulations do not require a permanent presence of a specialist doctor, gymnastics physicians can temporarily also without the supervision of a specialist in charge of the training in a department or other Organizational unit for a special subject, provided that it already

1.		have been adequately trained in the special subject in question, and
2.		in the knowledge and skills necessary for temporary action without supervision,
where a simultaneous action is inadmissible for more than one department or organizational unit. "

3. The title of § 8 reads as follows:

"Training as a specialist and training in an additive compartment"

4. § 8 (1) the following sentence is added:

"The training in additive subjects, which has a special reference to general medicine, is also open to doctors in general medicine using § 11."

5. § 41 (4) the following sentence is added:

"This does not apply to police doctors in the exercise of curative activities for the service authority."

6. In § 43 (4) (2) (2), the expression "Special training in the context of a special subject" by the expression "Training in an additive compartment" replaced.

7. In § 49 (1), second sentence, after the expression "Quality Standards" the expression ", in particular due to the Health Quality Act (GQG), BGBl. I No 179/2004, " inserted.

8. In § 49 (2a) the expression "the Austrian Medical Association" by the expression "the Austrian Society for Quality Assurance & Quality Management in Medicine GmbH" replaced.

9. § 49 (2b):

" (2b) The evaluation or control shall be subject to an immediate risk to health or, for reasons which have to be considered by the doctor or group practice, the evaluation referred to in paragraph 2a, this shall be considered to be a serious one. Breach of professional duties also constitutes a reason for termination within the meaning of Section 343 (4) of the General Social Insurance Act (ASVG), BGBl. No. 189/1955, provided that the subject-specific quality standards are concerned with regard to process or structure quality. "

10. § 49 (4) first sentence reads:

" The students undergoing training (diploma and doctoral studies), if they are trustworthy and well-suited to health, are responsible for carrying out the activities referred to in paragraph 5 under the guidance and supervision of the training doctors. "

§ § § 52a and 52b together with the headings:

" Cooperation within the framework of group practices

§ 52a. (1) The cooperation of physicians, in particular for the purpose of outpatient public health care, can also be used as a self-employed professional group practice in the legal form of a

1.		open society within the meaning of § 105 of the German Corporate Code (UGB), BGBl. I No 120/2005, or
2.		Gesellschaft mit beschränkter Haftung (GmbH) within the meaning of the GmbH-Gesetz (GmbHG), RGBl. No 58/1906,
,

(2) In the company of the group practice, the name of a shareholder and the fields of expertise represented in the group practice by the members are to be found. Shareholders of group practices are exclusively members of the medical chambers in the federal states

(3) A group practice shall not have an organisational density and structure of a hospital in the form of an independent ambulatory according to § 2 para. 1 Z 5 KAKuG. In this sense, the following framework conditions apply:

1.		The group practice may only be a member of authorized physicians as a member of the professional practice.
2.		Other natural persons and legal entities may not belong to the group practice as a shareholder and therefore do not participate in the turnover or profit.
3.		The transfer and exercise of transferred company rights shall be inadmissible.
4.		The professional competence of the group practice arises from the professional authorization of the physicians involved in the group practice as a shareholder.
5.		The activity of group practice must be based on the
a)			Carrying out activities within the framework of the professional competence of group practice, including ancillary activities and activities directly related to the professional competence of group practice, by members of other health professions, and
b)			Management of the Company's assets
		shall be limited.
6.		Each shareholder is obligated to pursue a personal professional practice in the company.
7.		Illegal
a)			the position of shareholders and other doctors, as well as
b)			the inclusion of other civil or labour-law relations of the company or of the partners with other doctors or companies, in particular by the conclusion of free service contracts, contracts of work and temporary employment relationships, to The purpose of the provision of medical services in the group practice, which goes beyond the scope of temporary representation, in particular on the basis of training, illness and leave.
8.		An appointment of members of other health care professionals is only allowed to an extent that does not require a regulation in an age-old order. If the relationship between the shareholders and the full-time equivalents of the employees of other health professions, with the exception of ordination agents, exceeds the ratio of 1: 5 or if the number of members of the employees employed other health professions, with the exception of Ordination aids, exceeding the number 30, is suspected of having an independent ambulatory. In the case of special subjects with a high degree of technology such as medical and chemical laboratory diagnostics, physical medicine and general rehabilitation as well as radiology, the assumption of the presence of a an independent ambulatory, as long as the medical responsibility for the medical benefit for a given case of treatment lies with a particular partner.
9.		The professional exercise of the shareholders must not be bound to a instructions or approval of the shareholders (shareholders ' meeting).
10.		Only the members who are duly qualified to pursue a professional career decide on questions of professional practice. No decision may be taken against the will of those members who have the right to have the right to work on the subject of a decision.
11.		For the patients, the free choice of doctor is to be guaranteed among the partners of the same subject.

(4) In the federal territory, a group practice may only have a professional seat, which is at the same time the professional seat of the doctors involved in it. In addition, a group practice in the form of a contract group practice may, under the following conditions, have several locations in the federal territory to be included in the medical list:

1.		The number of locations shall not exceed the number of members participating in the group practice.
2.		One of the locations has to be declared a professional seat of group practice.
3.		Without prejudice to § 45 (3), each shareholder may exercise his profession at all locations in the group practice, but in this case do not have any other professional seat.
4.		A substantial improvement of the supply supply in the catchment area can be achieved.

(5) In the social contract, it is necessary to determine whether and which shareholders are entitled to the management and representation. Every shareholder is entitled to conclude treatment contracts for the company. The temporary cessation or discontinuation of the professional practice up to a period of six months does not prevent doctors from belonging to the company, but at the place of representation and management.

(6) Each shareholder is, in particular through a corresponding design of the social contract, in order to comply with the provisions of this Federal Act, in particular the notification requirement in accordance with Section 29 (1) Z 7 including the submission of the Company contract and, where applicable, the decision on admission as a group practice in accordance with § 52c. Each shareholder is personally responsible for the performance of his/her professional and professional duties. This responsibility cannot be restricted by the company contract or by decisions of the shareholders or management measures. or repealed.

(7) As far as doctors, doctors for general medical practice, doctors or specialists are certified in this Federal Act, the respective provisions shall apply to group practices where appropriate.

Foundation of group practices

§ 52b. (1) The establishment of a group practice shall be based on:

1.		registration in the company's book,
2.		Approval by the Landeshauptmann pursuant to § 52c, if not
a)			each member has already an individual contract with the local area sickness insurance fund or the group practice to be established is already provided for in the establishment plan and the conditions set out in the second paragraph, including the verifiable referral of the State Health Platform within the framework of a committee; or
b)			group practice is intended to provide non-refundable benefits only in the form of social insurance legislation; and
3.		Registration in the medical list
ahead.

(2) The establishment of a group practice in accordance with paragraph 1 Z 2 lit. a has to be carried out in accordance with the respective Regional Structure Plan Health (RSG) and requires a written notification to the competent regional governor about a mutual written commitment between the company or the parent company and the local area health insurance fund, via a group practice individual contract to be concluded on the basis of the respective RSG (§ 342a ASVG in conjunction with § 342 ASVG) with regard to the service offer (capacity volume including staffing, services and opening hours at Consideration of day-to-day and night-time, Sams, Sundays and public holidays and, if necessary, on-call time). With the notice, the Landeshauptmann shall immediately refer to the respective state health platform within the framework of a committee. The establishment of a group practice already provided for in the establishment plan, but whose shareholders do not already have an individual contract with the locally competent territorial health insurance fund (paragraph 1). 1 Z 2 lit. a second sentence), it must also be indicated to the legal representation of private hospitals in the federal state concerned.

(3) The practice of group practice may only be carried out after registration in the list of doctors, which may only be carried out after admission in accordance with § 52c or referral to the State Health Platform within the framework of a committee referred to in paragraph 2 of the last sentence. must be taken up.

(4) If a group practice according to paragraph 1 Z 2 lit. In the case of benefits which are eligible for social insurance, closed treatment agreements with regard to the fee are void in this respect, and the patient can be shown to have been informed of the performance of the service. The same applies if a group practice in accordance with paragraph 1 Z 2 lit. a or a group practice approved in accordance with § 52c shall provide benefits that are eligible for social insurance in addition to the permitted range of services. "

12. According to § 52b the following § § 52c and 52d are inserted together with the headings:

" Admission procedures for group practices in the context of outpatient public health care

§ 52c. (1) The Landeshauptmann shall, at the request of a company or pre-company, which intends to set up a group practice in accordance with § 52b, with due respect for the objective

1.		the maintenance of high-quality, balanced and generally accessible outpatient health care and
2.		of the financial balance of the social security system
to be admitted as a group practice for the provision of services in the context of outpatient public health care, in the presence of the conditions laid down in paragraph 2. In the context of the application, the application is subject to the supply order of the group practice with regard to the range of services (performance volume, including staffing, range of services and opening hours, taking into consideration the day-to-day basis). and night periods, Sams, Sundays and holidays, and, if necessary, on-call time.

(2) A company or a pre-company shall be admitted as a group practice if, taking into account the results of the planning of the respective RSG in respect of

1.		local conditions (regional rurale or urban population structure and population density) and transport links, which are important for outpatient public health care,
2.		the take-up behaviour and the workload of existing service providers providing benefits that are eligible for social insurance in the form of patients,
3.		the average burden placed on existing service providers in accordance with Z 2, and
4.		of development trends in medicine
a substantial improvement of the supply supply in the catchment area can be achieved.

(3) In the course of the authorisation procedure, the Landeshauptmann

1.		to obtain an opinion from the health of Austria GmbH or a similar planning institute, and
2.		A reasoned opinion from the relevant State Health Platform on the existence of the criteria referred to in paragraph 2 shall be based on the basis of the opinion.

(4) Party position within the meaning of § 8 AVG and the right of appeal pursuant to Art. 131 (2) B-VG also have

1.		the social security institutions concerned,
2.		the locally competent State Medical Association and
3.		the legal representation of private hospitals.

(5) An appeal is inadmissible against the defamation pursuant to paragraphs 1, 6 and 7.

(6) Key changes in the range of services (par. 1) must be approved by the Governor of the State under the application of paragraphs 1 to 5.

(7) The Governor of the State shall, with the greatest possible degree of protection, have to withdraw or amend the rights of acquired rights if:

1.		have changed the circumstances relevant to the authorisation; or
2.		is subsequently produced, that a necessary condition has not already existed in the original form, or
3.		the conditions of the authorisation procedure are not complied with after a deadline set for compliance with the requirements has been achieved.
The non-compliance with the requirements of Z 3 constitutes an infringement of professional duties in accordance with Section 49 (1).

(8) The Landeshauptmann shall immediately inform the Austrian Medical Association of the withdrawal of a notice pursuant to paragraph 7. The Austrian Medical Association must immediately remove the group practice from the doctors ' list.

Professional indemnity insurance

§ 52d. (1) A professional medical activity may only be taken after the conclusion and proof of a professional indemnity insurance in the case of an insurer entitled to business in Austria.

(2) The minimum amount of insurance cover shall be EUR 2 000 000 for each insurance case to cover the claims for damages arising from the exercise of the medical profession. In the case of a group practice in the legal form of a limited liability company, a maximum limit of liability may be five times the minimum amount of insurance, in the case of other freelance medical activities, for a one-year period of insurance. Not less than three times the minimum amount of insurance. The specific premiums must be taken into account in determining the insurance conditions.

(3) In the case of a group practice in the legal form of a company with limited liability, the insurance also has to cover claims for damages, which exist against a doctor on the basis of his or her company's position. If the professional indemnity insurance does not exist or does not exist in the prescribed scope, in addition to the group practice in the form of a company with limited liability, the shareholders shall also be liable irrespective of whether they are responsible for a fault is to be submitted in person at the level of the lack of insurance coverage.

(4) The insurance shall be maintained for the entire duration of the medical professional exercise. The Austrian Medical Association is

1.		in the course of the registration in the medical list of the degree as well as
2.		at any time at the request of
of a corresponding insurance contract. The insurers are obliged to inform the Austrian Medical Association immediately and immediately the conclusion of the insurance contract as well as any circumstance that has a termination or restriction of the insurance protection or a deviation from the The original insurance confirmation means or can signify. The insurers are obliged to provide information on such circumstances at the request of the Austrian Medical Association.

(5) The exclusion or a time limitation of the liability of the insurer is inadmissible. The insurers are obliged to report to the Austrian Medical Association unsolicly and promptly any circumstance that would result in an end or restriction of the insurance protection or a deviation from the original insurance confirmation. or may mean, and at the request of such circumstances, to provide information.

(6) The injured third party may also assert the claim for damages under the insurance contract in question against the insurer. The insurer and the insured person subject to the replacement shall be liable as the full debtor.

The following sentences are added to Section 59 (2):

" The President of the Austrian Medical Association may, in the event of impairment of health suitability or trustworthiness, be subject to conditions, conditions or deadlines for the purpose of ensuring the fulfilment of the professional duties to write. If the prescribed conditions, conditions or deadlines are not fulfilled unjustifiably, this leads to the omission of health suitability or trustworthiness. "

Article 91 (3) reads as follows:

" (3) The relocations shall be subject to the following:

1.		economic performance on the basis of revenue (turnover) and/or income, and
2.		Type of professional exercise
of the members of the Chamber, the amount of the charges may be determined in terms of amount or in relation to a base of assessment. If a member of a chamber is involved in a group practice, the proportion of turnover (proportion of turnover) corresponding to the share of the business in the group practice may be based on the tax base, or a corresponding share in the balance sheet profit-irrespective of the share of the group's profit- whose payout will be taken into account. The upper limit of the chamber conversion is 3 vH of the income (income) from a medical activity, including the turnover shares in group practices. The transfer arrangement can provide a minimum set for the chamber transfer. More details are to be laid down in the circulation system. In the event of a delay in the payment of the chamber circulation by members of the chamber, the system of circulation may provide for the prescribtion of appropriate warning charges. "

15. In § 91 (4), second sentence, the term " " , who do not exercise the medical profession solely in a professional relationship, " .

16. § 109 para. 2 reads:

' (2) The amount of contributions for the welfare fund shall be fixed on the basis of:

1.		Entitlement to benefits,
2.		economic performance on the basis of revenue (turnover) and/or income, and
3.		Type of professional exercise
to take care of the members of the Chamber who are responsible for the contributions. The amount of the contributions may be determined in terms of amount or in relation to a tax base. If a doctor or dentist is involved in a group practice, the proportion of turnover (share of turnover) or a corresponding share of the net profit-independent of the share of the business in the group practice can be calculated on the basis of the tax base. from the distribution of the latter. More information should be laid down in the Rules of Contribution. In the event of a late payment of contributions by members of the Chamber, the contribution order may provide for the prescribtion of appropriate warning charges. "

17. § 109 para. 3 reads:

"(3) The amount of contributions to the welfare fund shall not exceed 18 vH of the annual revenue from medical and/or dental activity, including the proportion of turnover in group surgeries."

18. In § 117b (1), the Z 22 shall be replaced by the following Z 22 and Z 22a:

" 22.		Quality assurance of the medical profession through the implementation of quality assurance measures, insofar as these are in the overriding interest of the doctors (self-evaluation according to § 49 (2a)), whereby the Austrian Medical Association shall be responsible for the The Austrian Society for Quality Assurance & Quality Management in Medicine GmbH (ÖQMed) can serve as an alternative to the tasks of the Austrian Society for Quality Assurance and Quality Management,
22a.		Conclusion of the mandatory conditions for the insurance contracts in accordance with § 52d with the professional association of insurance companies, as well as "

19. § 117c para. 1 Z 5 reads:

" 5.		Quality assurance of the medical profession, except in the area of training, with regard to overriding public interests by
a)			Elaboration and implementation of quality assurance measures to raise the quality of structure, process and results
b)			Quality evaluation with the exception of the self-evaluation according to § 49 (2a),
c)			quality control and
d)			Management of a quality register.
		The Austrian Medical Association may serve the ÖQMed in the case of task performance. "

20. In § 117c para. 2 Z 8, after the parenthesis "(§ 118c)" A stroke set and the following half-sentence inserted:

"In order to draw up recommendations for the design and regular adaptation of the Regulation, the Austrian Medical Association may serve as an alternative to the ÖQMed;"

21. § 118a together with the headline is:

" Austrian Society for Quality Assurance & Quality Management in Medicine GmbH

§ 118a. The Austrian Medical Association has to establish a company for quality assurance, which is in the legal form of a limited liability company under the law of 6 March 1906 on companies with limited liability (GmbH-Law- GmbHG), RGBl. No 58/1906. The President and the Financial Officer of the Austrian Medical Association have the Austrian Medical Association in the General Assembly of the Austrian Society for Quality Assurance & Quality Management in Medicine GmbH (ÖQMed). Sole shareholder is to be represented. The General Assembly has no substantive competences in the field of quality assurance. The Management Board, which has to pass from a managing director and is to be appointed by the General Assembly, is also responsible for the legal representation of the ÖQMed. The management has no right to vote in all institutions of the ÖQMed, but does not have the right to vote. "

22. § 118b and headline reads:

" Scientific Advisory Board

§ 118b. (1) The ÖQMed has, in addition to the organs required by the GmbHG, also to establish a Scientific Advisory Board. The Scientific Advisory Board has to advise the institutions of the ÖQMed and the Austrian Medical Association in the performance of their statutory tasks in quality assurance. The Scientific Committee shall adopt its rules of procedure which shall ensure the performance of the tasks assigned to it.

(2) The Scientific Advisory Board shall consist of:

1.		a representative of health Österreich GmbH, who chairs the chair, and another representative of health Austria GmbH,
2.		two representatives of the Federal Minister of Health,
3.		a representative of the federal states appointed by the liaison office of the federal states,
4.		two representatives of the Main Association of Austrian Social Security Institutions,
5.		an expert appointed by the Federal Minister of Health, who has experience in the field of the perception of patient interests,
6.		a representative of the Bundessektion Physicians for General Practice,
7.		A representative of the Federal Section for the Specialized Physicians,
8.		a representative of the Bundeskurie der niederrelaxed Ärzte,
9.		a representative of the Austrian Academy of Doctors,
10.		a representative of the Austrian Medical Association as a partner of the ÖQMed for quality assurance,
11.		a representative of medical universities appointed by the University Conference,
12.		a representative of the Federal Chamber of Labour and
13.		a representative of the legal representation of private-sector hospitals,
which, unless otherwise determined, is to be sent by the institution concerned and shall have sufficient experience in the field of quality assurance. The sending of the representatives and their substitutes in the event of their prevention shall be notified immediately in writing to the ÖQMed.

(3) The meeting of the Scientific Advisory Board shall not be prevented by the omission of a posting.

(4) The members of the Scientific Advisory Board shall elect a deputy of the Chairman of the Advisory Board.

(5) All members of the Scientific Advisory Board shall be entitled to vote and vote. In the case of votes with a tied vote, the chairman's vote shall give the vote (dirimation right).

(6) The costs of the participation of the members of the Scientific Advisory Board shall be borne by the sending bodies themselves.

(7) The Scientific Advisory Board shall be convened by the Chairman as required or at the request of a Member pursuant to Section 2 (2) (1), (2), (3) or (10).

(8) The tasks of the Scientific Advisory Board pursuant to paragraph 1 include, in particular, the reimbursement of recommendations for the provision of medical services.

1.		in the established area, including group practices; and
2.		In hospitals, in the form of self-employed outpatient services, including ambulances of social health insurance
with regard to the content design of the quality criteria as well as the process of quality evaluation and quality control. "

Section 118c, together with the headline, reads:

" Regulation on quality assurance of medical care

§ 118c. (1) The Austrian Medical Association shall, after referral to the Scientific Advisory Board and on the basis of its recommendation and after referral to the Federal Curia of the Established Doctors, by Regulation

1.		the criteria to be evaluated,
2.		the procedure for evaluation and control by the ÖQMed, having regard to the procedural principles of § 118e, and
3.		the quality register to be held by the ÖQMed
for a period of five years.

(2) In the case of the intention to depart from the recommendation of the Scientific Advisory Council in the design of the Regulation, the Austrian Medical Association has this circumstance to the Scientific Advisory Council and the Federal Minister for Health to be informed and fully justified in writing without delay. The Federal Minister of Health shall, if necessary, arrange for appropriate measures pursuant to Section 195g (2), in particular a further referral and recovery of an opinion of the Scientific Advisory Board.

(3) The Austrian Medical Association shall continuously develop the contents of the Regulation within the meaning of § 49 and shall, if necessary, also adapt the Regulation before the end of the five-year period of validity. "

24. According to § 118c, the following § § 118d and 118e shall be inserted together with the headings:

" Evaluation Advisory Council

§ 118d. (1) The ÖQMed has to set up an evaluation advisory board in addition to the organs required by the GmbHG. The evaluation advisory board has, on the basis of the regulation on quality assurance of the medical prescription pursuant to § 118c the institutions to assist the ÖQMed in the planning, implementation and practice-oriented implementation of evaluation and control, including, where appropriate, in the evaluation of individual evaluation results. The Evaluation Advisory Council shall adopt its rules of procedure which shall ensure the performance of the tasks assigned to it.

(2) The Evaluation Advisory Board shall consist of a plenum and evaluation committees to be established in the Länder in accordance with regional requirements.

(3) The plenary of the Evaluation Advisory Board shall be responsible for the performance of those tasks in accordance with paragraph 1, which are of relevance to the Federal Republic of Germany.

(4) The evaluation committees in the federal states are responsible for individual evaluations, in particular in accordance with § 118e (1) third sentence.

(5) The plenary of the Evaluation Advisory Board shall consist of:

1.		a representative of the Austrian Medical Association, who chairs the chair, and another representative of the Austrian Medical Association,
2.		one representative of the doctors ' chambers in the federal states,
3.		a representative of the Federal Minister of Health,
4.		a representative of the federal states appointed by the liaison office of the federal states,
5.		a representative of the Main Association of Austrian Social Security Institutions,
6.		in each case one representative of the territorial health insurance funds,
7.		a representative of the social security institution of the farmers,
8.		a representative of the social security institution of the commercial economy,
9.		a representative of the Insurance Institution for Railways and Mining,
10.		a representative of the insurance institution to the public,
11.		a representative of health Austria GmbH,
12.		an expert appointed by the Federal Minister of Health, who has experience in the field of the perception of patient interests,
13.		a representative of the Federal Chamber of Labour and
14.		a representative of the legal representation of private-sector hospitals,
which, unless otherwise determined, is to be sent by the institution concerned and shall have sufficient experience in the field of quality assurance. The sending of the representatives and their substitutes in the event of their prevention shall be notified immediately in writing to the ÖQMed.

(6) The members of the Plenary of the Evaluation Advisory Council shall elect a deputy from their circle by an absolute majority.

(7) An evaluation committee shall consist of:

1.		a representative of the Austrian Medical Association, who is in the chair,
2.		a representative of the medical chamber of the federal state concerned,
3.		a representative of the Federal Minister of Health,
4.		a representative of the territorial health insurance concerned,
5.		a joint representative of the insurance institutions referred to in paragraph 5 (6) to (9);
6.		a representative of health Austria GmbH,
7.		an expert appointed by the Federal Minister of Health, who has experience in the field of the perception of patient interests,
8.		a representative of the Chamber of Labour of the federal state concerned, and
9.		a representative of the legal representation of the interests of private hospitals in the federal state concerned,
which, unless otherwise determined, is to be sent by the institution concerned and shall have sufficient experience in the field of quality assurance. The sending of the representatives and their substitutes in the event of their prevention shall be notified immediately in writing to the ÖQMed.

(8) The members of the evaluation committee shall elect a deputy from their circle by an absolute majority.

(9) The convening of the plenum and the evaluation committees shall not be prevented by the omission of a posting.

(10) All members of the plenary and the evaluation committees shall be entitled to vote and vote. In the case of votes with a tied vote, the chairman's vote shall give the vote (dirimation right).

(11) The costs of the participation of the members of the plenum and of the evaluation committees shall be borne by the sending bodies.

Procedural principles for evaluation and control

§ 118e. (1) Where no shorter interval is determined in the Regulation in accordance with § 118c, the ÖQMed has, at least every five years and in addition, an evaluation of the physicians established, including the evaluation advisory board, including the evaluation advisory board. Group practices by means of subject-specific evaluation sheets using the electronic data transmission in accordance with the technical equipment (self-evaluation according to § 49 paragraph 2a). The ÖQMed has to check the results of the self-evaluation by means of visits to the ordinates as well as the seats and locations of group practices. Regardless of the visits of the ordinations initiated by self-evaluation as well as the seats and locations of group practices, the ÖQMed has such visits on the basis of justified suggestions.

1.		the Austrian Medical Association,
2.		the medical chambers in the federal states,
3.		the social security institution,
4.		the main association of the Austrian social insurance institutions,
5.		the representatives of patients ' interests and
6.		of the authorities
(specific evaluation). A representative of patient interests is also entitled to participate in the visit of ordinations as well as seats and locations of group practices.

(2) If a defect in the quality of the process and/or structure is identified as part of the evaluation referred to in paragraph 1, the ÖQMed has the physician or group practice to remedy the defect, if necessary by setting a reasonable period of time. to be asked. The control of the correction of the defect shall, if necessary, also be carried out by visits of the offices of ordination, seats and locations of group practices in accordance with paragraph 3, in particular where a contract termination procedure in connection with the control due to defects in the process and/or structure quality is envisaged. If the contract for the payment of defects is not complied with, the ÖQMed for quality assurance shall immediately report disciplinary notification to the Disciplinary Lawyer of the Austrian Medical Association. In case of a lack of hygiene requirements in accordance with § 56 (1) (1) (1) (1), the ÖQMed shall also inform the competent district administrative authority in writing without delay.

(3) The ÖQMed has the result of the evaluation, including the intended and carried out checks carried out by a contract doctor or a contract group practice, to those statutory health insurance institutions as well as health care institutions inform the contracting party of the contract doctor or the contract group practice in writing, which is entitled to determine a doctor of the relevant discipline to participate in the control. In the case of a number of contractual partners, they are entitled to jointly determine a doctor of the relevant subject area to take part in the control.

(4) The self-evaluation sheets and the results of the evaluation and control shall be included in a quality register and shall be anonymised.

(5) The results of the evaluation and control shall be made available to the Federal Minister for Health in an anonymized way. "

25. In § 122 Z 6, the expression "§ 117 (2) Z 4 to 11" by the expression "§ 117b (2) Z 4 to 11" replaced.

Section 124 (2) is added to the following paragraph 3:

" (3) For questions related to the verification of trustworthiness (§ 4 paragraph 2 Z 3 in conjunction with § 59), an advisory committee (honorary council) can be established by the board of directors. The members and substitute members are nominated by the board of directors. More detailed rules on the structure and tasks of the Honorary Council shall be laid down by the statutes. "

27. According to § 229, the following § 230 and heading is inserted:

" Final provisions on 14. Medical Law-Novel

§ 230. (1) Applications for the implementation of an authorisation procedure in accordance with § 52c in the version of the Federal Law BGBl. I n ° 61/2010 are not available after the entry into force of the Federal Law Gazette (BGBl). I No 61/2010 of the general contract for group practices with the local area sickness insurance fund, unless paragraph 2 is applied.

(2) Insofar as a company or pre-company, which is the foundation of a group practice according to § 52b in the version of the Federal Law BGBl. I n ° 61/2010 already intends to have a mutual written commitment to the conclusion of a special individual contract in accordance with § 342a (5) of the ASVG in the version of the Federal Law BGBl. I n ° 61/2010 with the local area health insurance fund, can be granted an admission procedure in accordance with § 52c in the version of the Federal Law BGBl. I No 61/2010 will also be carried out without the existence of an overall contract for group practices.

(3) Group practices which are at the time of the entry into force of the Federal Law BGBl. I n ° 61/2010 are entered into the medical list, remain in the version of § § 52b (1) to (3) and (52c) in the version of the Federal Law BGBl. I No 61/2010 shall be without prejudice to any change in the legal form to be notified to the competent national governor.

(4) Doctors and group practices, which are at the time of the in-force meeting of the Federal Law BGBl. I No 61/2010 have been entered into the medical list, have proof of professional indemnity insurance for the professional medical activity according to § 52d at the latest within one year from the date of the entry into force of the Federal Law BGBl. I No 61/2010. Section 52d (4), third sentence and fourth sentence shall apply mutatily.

(5) The term of function of the Scientific Advisory Board pursuant to § 118b in the version of the Federal Law BGBl. I n ° 144/2009 ends with the first meeting of the Scientific Advisory Council in accordance with § 118b in the version of the Federal Law BGBl. I No 61/2010.

(6) § 2 of the Economic Chamber Act 1998, BGBl. I n ° 103, is not applicable to the scope of this Federal Act.

(7) The copies of organs of the Austrian Medical Association and of the medical chambers of the Federal States, which are produced by means of automation-assisted data processing, do not require either a signature or a certification, and if: they have neither a signature nor a certification as approved by the institution from which the copy is produced. The provision shall also apply to the copies produced prior to its entry into force.

(8) The Federal Minister of Health has to evaluate the impact of the obligation to conclude a professional indemnity insurance up to the end of 2012 and to report on it to the National Council. The Austrian Medical Association and the Association of Insurance Companies are obliged to disclose the necessary data to the Federal Minister of Health, whereby the Association of Insurance Companies also has the development of the development of the insurance companies. in the field of the provision of dental services and in the field of hospitals. '

Article 2

Amendment of the Dentist Act 1998

(1) The following paragraph 4 is added to § 3:

" (4) § 2 Economic Chamber Act 1998, BGBl. I n ° 103, is not applicable to the scope of this Federal Act. "

2. § 26 together with the title is:

" Cooperation within the framework of group practices

§ 26. (1) The cooperation of members of the dental profession who are freelancers, in particular for the purpose of outpatient public health care, can also be used as a self-employed group practice in the legal form of a professional.

1.		open society within the meaning of Section 105 of the German Corporate Code (UGB), BGBl. I No 120/2005, or
2.		Gesellschaft mit beschränkter Haftung (GmbH) within the meaning of the GmbH-Gesetz (GmbHG), RGBl. No 58/1906,
,

(2) In the company of the group practice, the name of a partner/shareholder is to be found at any rate. Shareholders of group practices are exclusively members of the Austrian Dentists ' Chamber.

(3) A group practice shall not be allowed to have an organisational density and structure of a hospital in the form of an independent ambulatory in accordance with § 2 para. 1 Z 5 hospitals and the Kuranstaltengesetz (KAKuG), BGBl. No. 1/1957, in the version of the Federal Law BGBl. I No 61/2010. In this sense, the following framework conditions apply:

1.		The group practice may only be a member of the dental profession who is a member of the dental profession who is self-employed.
2.		Other natural persons and legal persons may not belong to the group practice as partners and therefore do not participate in the turnover or profit.
3.		The transfer and exercise of transferred company rights shall be inadmissible.
4.		The activity of group practice must be based on the
a)			Carrying out activities within the framework of the professional competence of group practice, including ancillary activities, and
b)			Management of the Company's assets
		shall be limited.
5.		Each shareholder is obligated to pursue a personal professional practice in the company.
6.		Illegal
a)			the employment of shareholders and other members of the dental profession, as well as
b)			the inclusion of other civil or labour-law relations of the company or of the associates/associates with other members of the dental profession or companies, in particular by the conclusion of free service contracts, contracts of contracts and temporary employment contracts, for the purpose of providing dental services in group practice, which are related to the extent of temporary representation, in particular on the basis of training, illness and holidays; is going out.
7.		An appointment of members of other health care professionals is only allowed to an extent that does not require a regulation in an age-old order. If the ratio between the shareholders and the full-time equivalents of the members of other health professionals employed exceeds the ratio of 1 to 5 or if the number of members of other health professionals employed is greater than or equal to the number of persons employed. Health professionals exceed the number of 30, the presence of an independent ambulatory is suspected. If the above figures are exceeded, the presumption of the presence of a self-employed ambulatory shall not occur as long as the dental responsibility for the dental benefit for a given case of treatment at one/one of a specific shareholder/shareholder.
8.		The professional practice of the shareholders must not be bound to the instructions or approval of the members (shareholders ' meeting).
9.		For the patients, the free choice of the treatment/treatment person is to be guaranteed among the partners/partners.

(4) In the Federal Republic of Germany, a group practice may only have a professional seat, which at the same time is the professional seat of the members of the dental profession who are involved in it. In addition, a group practice in the form of a contract group practice may, subject to the following conditions, have several locations to be included in the dentists ' list in the Federal Republic of Germany:

1.		The number of locations may not exceed the number of members/associates participating in the group practice.
2.		One of the locations has to be declared a professional seat of group practice.
3.		Each and every shareholder/shareholder may, without prejudice to § 27 (2), exercise his/her profession at all locations in the group practice, but in this case do not have any other professional seat.
4.		A substantial improvement of the supply supply in the catchment area can be achieved.

(5) In the social contract, it is necessary to determine whether and which shareholders are entitled to the management and representation. For the conclusion of treatment contracts for the company, each partner is entitled to a contract. The temporary submission (§ § 46 f) or interruption of the professional practice up to a period of six months does not prevent members of the dental profession from being part of the company, but at the place of representation and at the Management.

(6) Each shareholder/shareholder is, in particular through a corresponding design of the social contract, in order to comply with the provisions of this Federal Act, in particular the reporting obligation pursuant to § 14 including the submission of the Company contract and, where applicable, the decision on admission as a group practice in accordance with § 26b. Each and every shareholder is personally responsible for the fulfilment of his/her professional and professional duties. This responsibility cannot be taken into account either by the company contract or by the decisions of the shareholders/shareholders. or business management measures are restricted or cancelled.

(7) In so far as this federal law is placed on members of the dental profession, the respective provisions shall be applicable to group practices where appropriate. "

3. According to § 26, the following § § 26a to 26c shall be inserted together with the headings:

" Establishment of group practices

§ 26a. (1) The establishment of a group practice shall be based on:

1.		Registration in the Company Book and
2.		Admission by the Landeshauptmann/Landeshauptfrau according to § 26b, if not
a)			Each shareholder/shareholder already has an individual contract with the local area sickness insurance fund or the group practice to be established is already provided for in the establishment plan and the conditions set out in paragraph 2, including the evidence of the state health platform is available within the framework of a committee; or
b)			group practice is intended to provide non-refundable benefits in the form of non-refundable social insurance,
ahead.

(2) The establishment of a group practice in accordance with paragraph 1 Z 2 lit. a has to be made in accordance with the Regional Structure Plan for Health (RSG) and requires a written notification to the competent provincial governor/provincial governor about a mutual written commitment between the company or pre-company and the local area sickness insurance fund via a group practice individual contract to be concluded on the basis of the respective RSG (§ 342a ASVG in conjunction with § 342 ASVG) with regard to the service offer (volume of services including staffing, services and Opening hours, taking into account day-to-day and night-time, Sams, Sundays and public holidays and, if necessary, on-call time). The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) shall immediately refer the matter to the relevant state health platform within the framework of a committee. The establishment of a group practice already provided for in the establishment plan, but whose shareholders do not already have an individual contract with the locally competent territorial health insurance fund (paragraph 1). 1 Z 2 lit. a second sentence), it must also be indicated to the legal representation of private hospitals in the federal state concerned.

(3) The group practice may only take up its dental activity after being entered in the list of dentists, which may only be carried out after admission in accordance with section 26b.

(4) If a group practice according to paragraph 1 Z 2 lit. In the case of benefits which are eligible for social security benefits, treatment contracts concluded in this respect are void in respect of the fee, and the patient/patient can be shown to be informed of the benefit of the fee. The same applies if a group practice in accordance with paragraph 1 Z 2 lit. a or a group practice approved in accordance with § 26b, beyond the permitted range of services, provides for benefits which are eligible for social insurance.

Admission procedures for group practices in the context of outpatient public health care

§ 26b. (1) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has, at the request of a company or a pre-company, which intends to set up a group practice pursuant to Article 26a, in order to safeguard the objectives of the

1.		maintaining high-quality, balanced and generally accessible outpatient healthcare; and
2.		Safeguarding the financial balance of the social security system
to be admitted as a group practice for the provision of services in the context of outpatient public health care, in the presence of the conditions laid down in paragraph 2. In the context of the application, the application is subject to the supply order of the group practice with regard to the range of services (performance volume, including staffing, range of services and opening hours, taking into consideration the day-to-day basis). and night periods, Sams, Sundays and holidays, and, if necessary, on-call time.

(2) A company or a pre-company shall be admitted as a group practice if, taking into account the results of the planning of the respective RSG in respect of

1.		local conditions (regional rurale or urban population structure and population density) and transport links, which are important for outpatient public health care,
2.		the take-up behaviour and utilization of existing service providers who provide benefits that are eligible for social insurance in the form of patients/patients,
3.		the average burden placed on existing service providers in accordance with Z 2, and
4.		of developmental tendencies in dentistry.
a substantial improvement of the supply supply in the catchment area can be achieved.

(3) The Landeshauptmann/Landeshauptfrau (Land Hauptmann/Landeshauptfrau/Landeshauptfrau) has a

1.		to obtain an opinion from the health of Austria GmbH or a similar planning institute, and
2.		a reasoned opinion from the relevant State Health Platform on the existence of the criteria referred to in paragraph 2.

(4) Party position within the meaning of § 8 General Administrative Procedure Act 1991 (AVG), BGBl. No. 51, and the right of appeal pursuant to Art. 131 (2) Federal Constitutional Law (B-VG), Federal Law Gazette (BGBl). Nr. 1/1930, have also

1.		the social security institutions concerned,
2.		the Austrian Dentists ' Chamber and
3.		the legal representation of private hospitals.

(5) Essential changes in the range of services (para. 1) require admission by the Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) with the application of the para. 1 to 4.

(6) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has to withdraw or amend the rights of acquired rights under the greatest possible protection if:

1.		have changed the circumstances relevant to the authorisation; or
2.		is subsequently produced, that a necessary condition has not already existed in the original form, or
3.		the conditions of the authorisation procedure are not complied with after a deadline set for compliance with the requirements has been achieved.
Non-compliance with the requirements of Z 3 is an infringement of professional obligations.

(7) The Landeshauptmann/Landeshauptfrau (Landeshauptmann/Landeshauptfrau) has to inform the Austrian Dentistry Chamber immediately of the withdrawal of a notice pursuant to paragraph 6. This has to immediately remove the group practice from the dentists ' list.

(8) An appeal shall not be admissible in respect of the case in accordance with 1, 5 and 6.

Professional indemnity insurance

§ 26c. (1) A professional dental activity may only be taken after the conclusion and proof of professional indemnity insurance in the case of an insurer entitled to business in Austria.

(2) The minimum amount of insurance cover shall be EUR 2 000 000 for each insurance case to cover the claims for damages arising from the dental professional exercise. A limit of liability may, in the case of a group practice in the legal form of a limited liability company, be five times the minimum amount of insurance, in the case of other freelance dental activities, per one year of the insurance period. shall not be less than three times the minimum amount of insurance.

(3) In the case of a group practice in the legal form of a company with limited liability, the insurance also has to cover claims for damages, which exist against a doctor on the basis of his or her company's position. If the professional indemnity insurance does not exist or does not exist in the prescribed extent, in addition to the group practice in the form of a company with limited liability, the shareholders shall also be liable, irrespective of whether they are a member of a company. In case of debt, it is personal in the amount of the lack of insurance protection.

(4) The insurance shall be maintained for the entire duration of the dental professional exercise. The Austrian Dentistry Chamber is

1.		in the course of the registration in the dentist's list, as well as
2.		at any time at the request of
of a corresponding insurance contract. The insurers are obliged to inform the Austrian Dental Association immediately and immediately the conclusion of the insurance contract as well as any circumstance to terminate or restrict the insurance protection or a deviation from the insurance policy. The original insurance confirmation means or can signify. The insurers are obliged to provide information on such circumstances at the request of the Austrian Dentistry Chamber.

(5) The exclusion or a time limitation of the liability of the insurer is inadmissible. The insurers are obliged to notify the Austrian Dentistry Chamber unsolicly and without delay any circumstance that would result in an end or restriction of the insurance protection or a deviation from the original Insurance confirmation means or may mean, and if so requested, to provide information on such circumstances.

(6) The injured third party may also assert his/her right to compensation under the insurance contract in question against the insurer. The insurer and the insured person who is subject to the charge shall be liable as the full debtor.

(7) The Austrian Dentistry Chamber has to conclude binding framework conditions with the Association of Insurance Companies for the respective Liability Insurance Contracts. "

(4) The following paragraph 2 is added to § 60:

" (2) For group practices according to § 26, to which one or more denists belong to the shareholders, the following provisions shall apply beyond the relevant provisions of this Federal Act:

1.		In the company of the group practice, the professions represented in the group practice by the partners/associates are also to be found.
2.		The professional competence of the group practice is the result of the professional authorization of the members of the dental profession and the Dentisten/Dentistinnen who are involved in the group practice as partners. "

5. In accordance with § 71, the following § 71a and heading is inserted:

" Transitional provision to group practices

§ 71a. (1) Applications for the implementation of an authorisation procedure in accordance with § 26b in the version of the Federal Law BGBl. I n ° 61/2010 are not available after the entry into force of the Federal Law Gazette (BGBl). I No 61/2010 of the general contract for group practices concluded with the local area sickness insurance fund, unless paragraph 2 is applied.

(2) Insofar as a company or a pre-company, which is the foundation of a group practice pursuant to § 26a in the version of the Federal Law BGBl. I No. 61/2010 already intends to have a mutual written commitment on the conclusion of a group practice individual contract in accordance with § 342a (5) of the ASVG in the version of the Federal Law BGBl. I n ° 61/2010 with the local area health insurance fund, can be granted an admission procedure in accordance with § 26b in the version of the Federal Law BGBl. I No 61/2010 will also be carried out without the existence of an overall contract for group practices.

(3) Group practices, which are at the time of the entry into force of the Federal Law BGBl. I n ° 61/2010 are entered in the Dentists ' List, remain in the version of the Federal Law BGBl (Bundesgesetz BGBl) in accordance with § 26a (1) to (3) and (§ 26b). I No 61/2010 shall be without prejudice to any change in the legal form to be reported to the Governor of the State or the State Governor.

(4) Members of the dental profession, Dentisten/Dentistinnen and group surgeries, which are at the time of the entry into force of the Federal Law BGBl. I n ° 61/2010 have been entered in the Dentists ' List, have proof of professional indemnity insurance for professional dental activity according to § 26c at the latest within one year from the date of entry into force of the Federal Law BGBl. I No 61/2010. Section 26c (4), third sentence and fourth sentence shall apply mutatily. "

Article 3

Amendment of the Federal Act on hospitals and health care institutions

Federal law on hospitals and health care institutions, BGBl. No. 1/1957, as last amended by the Federal Law BGBl. I n ° 124/2009, is amended as follows:

Part 1
(Basic provisions)

1. In § 2 para. 1 Z 5 the parenthesis shall be deleted. "(X-ray institutes, dental laboratories and similar facilities)" and the following sentence shall be added:

"The execution of house visits in the respective catchment area is permissible."

2. In § 2 para. 2 lit. d is the expression " BGBl. I No 63/2002. ' by the expression " BGBl. I n ° 63/2002, as amended by the Federal Law BGBl. I No 63/2009; " replaced.

3. According to § 2 para. 2 lit. d is the following lit. e is added:

"			(e) Group practices. "

4. § 2 (3) reads:

' (3) bodies which allow for the simultaneous treatment of a number of persons and which, through the appointment, in particular of health professionals, have an organisational density and structure, in particular with regard to: The work-based interaction and the volume of services require an arrangement of institutions, are not to be regarded as offices of ordination of doctors or dentists. They are subject to the regulations governing the health of hospitals. "

5. The following heading is inserted before § 3:

"Errichtungs-und Betriebsbepermit für bettenLeading hospitals"

6. § 3 (1) reads:

" (1) Beth-leading hospitals need to be approved by the state government, both for their establishment and for the operation of the hospital. Applications for the grant of a permit to be established shall specify the purpose of the application and the offered range of services (range of services, volume of services, including the staffing of the staff). A pre-determination on the question of needs shall be allowed. "

7. § 3 para. 2 lit. a is:

" (a)			in accordance with the stated intention and the range of services offered, with regard to the existing supply of public, private non-profit and other bed-leading hospitals with cash contracts for the supply of the maintenance of high-quality, balanced and generally accessible health care and the financial balance of the social security system shall be subject to the requirements laid down in (2b) and (2c); "

8. § 3 (2a) reads:

" (2a) The Land Government shall refrain from examining the needs if, according to the provision of services provided for in the hospital, non-reimbursable benefits are to be provided exclusively for social insurance purposes. The locally competent regional health insurance fund is to be heard as to whether the range of services is exclusive of benefits which are not eligible for social insurance. "

9. According to § 3 (2a), the following subsections (2b) and (2c) are inserted:

"(2b) In the case of hospitals which are settled through the State Health Fund (hereinafter referred to as" Fondskrankenanstalten "), there is a need for the establishment, in accordance with the purpose and the envisaged services, of the establishment of the institution concerned with the relevant national health fund. Regional structural plan health (RSG) agreed national health care plan (§ 10a).

(2c) There is a need for other bed-leading hospitals, taking into account the results of the planning of the respective RSG in respect of:

1.		of local conditions (regional rurale or urban population structure and population density),
2.		the transport links that are important for the supply of services,
3.		the utilization of existing stationary facilities, and
4.		the development trends in medicine or Dentistry
a substantial improvement in the supply supply can be demonstrated. "

Section 3 (3) reads as follows:

" (3) The submission of documents proving the conditions laid down in paragraph 2 (2). b to d is not necessary if a pre-determination is requested on the question of needs. "

11. § 3 para. 4 lit. a is:

" (a)			the authorization for the establishment referred to in paragraph 2 has been granted in conjunction with paragraph 2 (b) or (2c); "

12. § 3 para. 4 lit. e is:

" e)			A suitable physician as the responsible head of the medical service (§ 7 para. 1) was made known and qualified as responsible physicians for the management of the individual departments and other organisational units. (§ 7 (4)) and it is made credible that the personnel equipment required for the purpose of the event and the service offered will also be secured; "

13. According to § 3 para. 4 lit. e is the following lit. f is added:

" f)			the conclusion of civil liability insurance is established, provided that such insurance is required in accordance with § 5c. "

Article 3 (5) reads as follows:

' (5) If the institution of the sickness institution is a health insurance institution, there is no need for the establishment of a bed-leading nurse The intended establishment of a general hospital by a Social insurance institutions are to be reported to the state government. The authorization to be granted to the establishments of the bed-leading hospital of a social insurance institution shall be granted if the conditions of paragraph 4 (4) are met. b to e are given. "

Article 3 (6) reads as follows:

" (6) Weiters has to provide for the national legislation that the legal representation of private hospitals should be established in procedures for the granting of the authorization to establish a hospital and in procedures for the pre-determination of the needs. the social security institution concerned with regard to the social security institution concerned in accordance with Section 3 ( a in connection with the requirements of the party to be tested in accordance with § 8 of the AVG and the right of appeal pursuant to Art. 131 (2) B-VG. "

Article 3 (7) is deleted, paragraph 8 shall be replaced by the name "(7)" .

17. According to § 3, the following § § 3a and 3b, together with the heading, are inserted, the previous § § 3a and 3b are given the designation "§ 3c" and "§ 3d" .

" Approval procedure for self-employed outpatient laboratories

§ 3a. (1) Self-employed outpatients must be approved by the State Government, both for their establishment and for the operation of the ambulance. Applications for the grant of the permit have the purpose and the services offered (service spectrum, opening hours, taking into account the day-to-day and night time, the Sams, Sundays and public holidays, as well as the opening hours). Volume of performance, including staffing, in particular the number of physicians or Dentists). A preliminary ruling on the conditions set out in paragraph 3 shall be admissible.

(2) The authorisation to set up shall be granted only if, in particular:

1.		in accordance with the stated intention and the range of services offered, with regard to the existing supply of public, private non-profit and other hospitals with cash contracts, and also with regard to the supply of services, on the supply supply by ambulances of the above-mentioned hospitals and institutions, established doctors, group practices and self-employed outpatients, insofar as they provide benefits for the benefit of social insurance law , in the case of self-employed dental bullets, also with regard to dentists, dentists and dental group practices established to the extent that they provide benefits that are eligible for social security benefits,
a)			for the maintenance of high-quality, balanced and generally accessible healthcare, and
b)			on the protection of the financial balance of the social security system
		a substantial improvement of the supply supply in the catchment area can be achieved,
2.		the right of ownership or other rights to use the facility envisaged for the institution have been proved,
3.		the building planned or already existing for the accommodation of the institution corresponds to the construction, fire and health rules laid down in respect of the performance or use of such buildings; and
4.		there are no objections to the applicant.

(3) In assessing whether a substantial improvement of the supply supply in the catchment area can be achieved, the following criteria must be taken into account on the basis of the results of the planning of the respective RSG:

1.		local conditions (regional rurale or urban population structure and population density),
2.		the transport links which are important for the supply of services;
3.		the take-up behaviour and the workload of existing service providers providing benefits that are eligible for social insurance under the law of the parallotted persons,
4.		the average burden on existing service providers in accordance with Z 3 and
5.		the development trends in medicine or Dentistry.

(4) The Land Government shall refrain from an examination pursuant to Section 2 (1) (1) in conjunction with Section 3 if, in accordance with the provision of the services provided for in the independent Ambulatorium, only benefits which cannot be reimbursable under the social insurance policy should be provided. The local area health insurance company is responsible for the question of whether the range of services is exclusive of benefits which are not eligible for social insurance.

(5) In the authorization procedure or Procedure for pre-determination is an expert opinion from Austria GesmbH or a comparable planning institute, as well as a reasoned opinion of the respective state health platform on the existence of the criteria according to paragraph 3 .

(6) The submission of documents proving the conditions laid down in paragraph 2 (2) (2) to (4) shall not be required if a separate pre-determination on the conditions laid down in paragraph 3 is requested.

(7) In the context of the application, the grant authorisation has, in any case, the performance volume, the range of services and needs-based opening hours (consideration of day-to-day and night times and of Sams, Sonn and Sundays), except in the case of paragraph 4. (a) and, where necessary, on-call time and, where appropriate, the obligation to carry out a house visit by means of conditions.

(8) Weiters has to provide for the national legislation that in proceedings for the granting of the authorization to establish a self-employed ambulatory-except in the case of section 4-social insurance institutions concerned, the legal Representing the interests of private hospitals and the competent State Medical Association, respectively in the case of self-employed dental bullets, the Austrian Dentistry Chamber, with regard to the requirements of the party position within the meaning of § 8 AVG and the right of appeal pursuant to Art. 131 para. 2 B-VG. This also applies to procedures for pre-determination on the conditions of paragraph 3.

(9) The authorisation for an independent ambulatory, whose legal entity is a health insurance institution, shall be granted where there is agreement between the health insurance institution and the local health insurance institution concerned. the competent State Medical Association or the Austrian Dentists ' Chamber or between the Austrian Social Insurance Board and the Austrian Medical Association respectively. the Austrian Dentist Chamber (§ 339 ASVG). If there is no agreement, the authorisation to set up is to be granted if the state government has determined that a substantial improvement in the supply supply in the catchment area can be achieved. The first and second sentences also apply when the health insurance institution entruits third parties with the operation of a self-employed ambulatory.

§ 3b. (1) An authorisation to operate an independent ambulatory shall be granted, in particular where:

1.		the authorization for establishment has been granted;
2.		the medical equipment and equipment necessary for the direct operation of the institution are available, and the plant and all medical equipment and technical equipment must be in the safety and security policy; and health-related requirements are met;
3.		there are no objections to the organisation of the establishment provided for in the institution's internal operation (§ 6);
4.		A suitable physician as head of the medical or a suitable dentist as the responsible head of the dental service (§ § 7 para. 1 and 7a para. 1) has been made known as well as to be credibly made, that also in the rest the shall be secured according to the purpose of the installation and the necessary staffing requirements; and
5.		the conclusion of civil liability insurance is established, provided that such insurance is required in accordance with § 5c.

(2) The approval of the establishment of the independent ambulatory of a social insurance institution shall be granted if an agreement is reached in accordance with Section 339 of the ASVG (ASVG) or a grant pursuant to Section 3a (9) second sentence and the conditions of the 1 (2) to (4) are given.

(3) By means of the national legislation, detailed provisions concerning the conditions for the approval of the erection and operation as well as the barrier of a self-employed ambulatory, which is operated contrary to the provisions of § 3a and para. 1, shall be subject to further provisions. "

18. § 5 reads:

" § 5. The leasing of a hospital, its transfer-even a part-to another legal entity and any change in its name also requires the approval of the state government (§ 3 para. 2 lit. d and § 3a (2) (4). "

19. In accordance with § 5b, the following § 5c together with the heading is inserted:

" Liability insurance

§ 5c. (1) Land legislation must provide that hospitals which do not have a local authority, another public body or a legal person who are the property of a local authority or body Public law shall, in order to cover the claims for damages arising from their activities (§ 1), have to take out liability insurance in the case of an insurer entitled to operate the business in Austria, and the insurance company shall be entitled to take out insurance against the liability insurance against the risk for the duration of their operating licence. In the case of hospitals which are operated by a legal person who is the property of a local authority or public authority, there is a legal recourse to the local authority or to the body of the body. public law, provided that no liability insurance is provided for in the first and second sentence of the first sentence.

(2) For the insurance contract, the following shall apply:

1.		The minimum amount of insurance for each insurance case must be EUR 2 000 000,
2.		a limit of liability shall not be less than five times the minimum amount of insurance per year of the insurance period, and
3.		the exclusion or a time limitation of the insurer's after-liability is inadmissible.

(3) The injured third party may also assert the claim for damages under the insurance contract in question against the insurer. The insurer and the insured person subject to the replacement shall be liable as the full debtor.

(4) The insurers are obliged to report to the Land Government unsolicly and promptly any circumstance which means an end or restriction of the insurance protection or a deviation from the original insurance confirmation or may indicate, at the request of the State Government, information on such circumstances.

Article 8a (5) reads as follows:

" (5) In hospitals in the form of self-employed outpatients, the function of the hospital hygiene officer or representative of hygiene may also be exercised by the medical director in the presence of the appropriate professional competence. In any event, the tasks referred to in paragraph 4 shall be accompanied by the hospital hygiene officer or the hygiene officer. "

21. In § 8d, first sentence, before the word "Hospitals" the word "bettenLeading" inserted.

22. § 10a (1) the following sentence is added:

" In order to ensure that hospitals and large-scale equipment planning based on uniform principles are based on uniform principles, the planning principles agreed in the ÖSG, with integrated performance planning principles, and methods to be taken into account. "

Section 10a (2) reads as follows:

" (2) In the Landeskrankenanstaltenplan (Landeskrankenanstaltenplan) in any case

1.		the sites of the fund's hospitals,
2.		maximum total bed numbers (for normal care and intensive care) per location,
3.		the medical departments per location,
4.		the respective organisational units per location for the specialist areas,
5.		the type and number of large-scale medical devices per site;
6.		the maximum number of beds per department in relation to the country, the supply region or, in relation to the locations,
7.		Establishment of reference centres and specific supply areas for each site. "

24. § 40 para. 1 lit. e is:

" e)			§ 20 with the proviso that Konsiliarapotheker have to control the pharmaceutical supply of self-employed outpatient clinics on a regular basis, at least once a year, in accordance with their intended use. "

Part 2
(Federal Law Applicable directly)

25. § 60 (1) to (4) reads:

" (1) The administrative authorities of the district authorities, with the assistance of the official doctors in the hospitals and in the course institutions of their local area of activity, which have been given or available to them as a health authority, have the responsibility to comply with the sanitary conditions. To monitor the provisions adopted on the basis of the first part of this Federal Law.

(2) In order to be monitored, institutions of the local district administrative authorities shall at any time-in the case of hospitals in the form of self-employed ambulances and health-care institutions during the operating period-be unregistered at all premises, Apparatus, other facilities and facilities of the hospital, or Kuranstalt shall grant access. At their request, these institutions shall be provided with access to all documents relating to the establishment of the institution. The participating institutions are also entitled to make copies and copies free of charge from the documents provided.

(3) The inspection shall be carried out at the same time as possible with the verifications required by other legislation. Current findings and opinions obtained in the institution, in the fulfilment of obligations under other legislation, must be taken into account as far as possible.

(4) Paragraph 2 shall not apply to hospitals in the form of self-employed outpatients, provided that they are regularly reviewed by the Austrian Society for Quality Assurance and Quality Management in Medicine or in a comparable as a monitoring body in agreement with the Federal Minister of Health, accredited by the Federal Ministry of Health, with regard to the payment of the payment of a qulaity according to § 50 of the Dental Office Act (ZÄKG), BGBl. I n ° 154/2005, as last amended by the Federal Law BGBl. I No 57/2009, and this review

1.		relates to compliance with the sanitary provisions adopted on the basis of the first part of this Federal Law,
2.		in compliance with relevant guidelines and guidelines in accordance with the Health Quality Act, BGBl. I No 179/2004, and
3.		the recommendations according to § 118b (8) Medical Law 1998, BGBl. I n ° 169, as last amended by the Federal Law BGBl. I No 61/2010, in respect of the payment of payment methods in accordance with Section 52 of the ZÄKG, quality assurance regulation.
Self-employed outpatients have this form of review on presentation of the relevant contract with the Austrian Society for Quality Assurance & Quality Management in Medicine or the accredited monitoring centre, to report to the local district administration authority and to submit the inspection reports in respect of dental bullets with the establishment for quality assurance in accordance with § 50 ZÄKG. "

26. § 60 (3) to (5) are given the names "(5)" to "(7)" .

27. According to § 62f, the following § 62g is inserted:

" § 62g. If a betting-leading hospital pursuant to § 3 (2a) or an independent outpatient institution pursuant to § 3a (4) provides services that are eligible for social insurance, closed treatment contracts with regard to the The fee is void, and the Pflegling must be verifiably informed about the use of the service before the performance. The same shall apply if a hospital provides services beyond the approved range of services. "

28. In accordance with § 65, the following § 65a is inserted:

" § 65a. 2 (d), § 2 (2) (e), § 2 (3), the title before § 3, § 3 (1), (2) (a), (2) (a), (2) (2) (a), (2) (2) (a), (2) (a), (2) (a), (2) (a), (2) (a), (2) (a), (2) (a), (2), (2), 4 lit. e, para. 4 lit. f, paragraph 5, paragraph 6, paragraph 7, § § 3a, 3b, 3c, and 3d, the amendments in § 5, § 5c, § 8a (5), § 8d, § 10a (1) and (2) and § 40 (1) lit.e in the version of the Federal Law BGBl. I No 61/2010 should be adopted within six months.

(2) (determination of principles) The national legislation must, in any case, provide for procedures for the establishment of a bed-leading hospital or a hospital. of an independent ambulatory, which shall be pending after 1 March 2011, in accordance with the legal situation; , which are to be continued from the corresponding state execution laws in the execution of the Federal Law BGBl. I No 61/2010.

(3) (determination of principles) Carriers of hospitals for which, at the date of entry into force of this Federal Act, the Federal Act, Federal Law Gazette (BGBl). I No 61/2010 has been granted a final operating licence and the obligation under § 5c to conclude a liability insurance policy shall be subject to this obligation within one year of the date of entry into force of this Federal Act in the Constitution of the Federal Law BGBl. I No 61/2010, and to demonstrate this to the State Government. "

Article 4

Amendment of the General Social Insurance Act (72). Novelle to the ASVG)

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 150/2009, shall be amended as follows:

1. In § 8 (1) (3) (3), after the lit. k the following lit. l is added:

" l)			Children who have an institutional childcare facility within the meaning of Article 3 (1) (1) of the Agreement in accordance with Art. 15a B-VG on the introduction of half-day free and compulsory early support in the last year prior to compulsory schooling. institutional childcare facilities, BGBl. I n ° 99/2009, to the extent of 16 hours or more; "

1a. In § 10 (5), first sentence, the expression " Z 3 lit. h and i " by the expression "Z 3 lit. h, i and l" replaced and after the parenthesis " (§ 8 para. 1 Z 3 lit. c) " Insert a dash.

1b. In § 23 (6), first sentence, second half-sentence, the expression "Hospital Act" by the expression "Bundesgesetz über Krankenanstalten und Kuranstalten (KAKuG)" replaced.

1c. In § 28 Z 2 lit. a is the expression " § 8 para. 1 Z 3 lit. h and i " by the expression "§ 8 para. 1 Z 3 lit. h, i and l" replaced.

2. According to § 32g, the following § 32h with headline is inserted:

" Contract Partner Analysis

§ 32h. In any case, the health insurance institutions have to subject the effects of the contractual partner regulations to a controlling by means of a structured analysis with the aim of enabling a comparability of the indicators (benchmarking). "

2a. In § 37, the first sentence, the expression "§ 8 para. 1 Z 3 lit. a, h and i" by the expression "§ 8 para. 1 Z 3 lit. a, h, i and l" replaced.

2b. In § 74 (5), the expression " § 8 para. 1 Z 3 lit. h and i " by the expression "§ 8 para. 1 Z 3 lit. h, i and l" replaced.

3. In § 104 (5), first sentence, the expression "Life-or widows (widows) confirmations" by the expression "Life or widows (widows) or survivor's confirmations" replaced.

4. In § 120 penultimate sentence, the expression " , KGG " and the expression "and in the case of insured persons pursuant to § 43 (2) KGG" .

5. § 125 (1) reads:

" (1) The basis for the payment of the sickness benefit is the employment service which is to be paid for the payment of the contribution and which is paid on a calendar day, which is due to the insured person during that period of contribution (Section 44 (2)), which is the end of the full amount of the allowance. In the case of free service holders, the tax base shall be based on the average of the last three contribution periods. In the event that such contribution periods are not available, the current contribution period shall be decisive. Wage and salary increases due to standards of collective redress should be taken into account. "

6. § 131 (1) second sentence reads:

" If the remuneration for the activity of the relevant contractual partner is not determined in accordance with the individual benefits provided or not according to case-flat rates, if they are equivalent to a given individual benefit, the statutes of the (b) to fix flat-rate amounts for reimbursement of expenses. "

(7) In § 131 (5), the term " "93/16/EEC" by the expression " Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. OJ No L 225, 30. 9. 2005 p. 22, " replaced.

8. In § 133 (5), the term " " Hospitals Act BGBl. No. 1/1957 " by the expression "Federal law on hospitals and health care institutions" replaced.

9. § 138 (1) the following sentence is added:

"§ 122 (2) (2) (2) last sentence shall not apply."

10. In § 144 (4), first half-sentence, the expression " Hospital Act, BGBl. No. 1/1957 " by the expression "the Federal Act on hospitals and health care institutions" , in the second half-sentence of the expression " Hospital Act, BGBl. No. 1/1957 " by the expression "KAKuG" replaced.

11. In § 162 (1), the third sentence of the term " , KGG " and the expression "as well as insured persons pursuant to § 43 (2) KGG" .

12. In § 162 (3) fourth sentence:

" Falling in the period during which the average employment service is determined also periods of payment of a benefit under the KBGG or the unemployment insurance law in 1977 shall be deemed to be the employment service of that period. A weekly allowance which would have been paid on the basis of paragraph 3a (2) in conjunction with Section 5 (3) or under the 1977 Unemployment Insurance Act (Unemployment Insurance Act) in the event of the benefit of maternity insurance during the performance of the benefit. "

12a. § 175 (4) reads:

" (4) In the accident insurance pursuant to section 8 (1) (3) (h), (i) and (l), accidents at work are accidents which are related to the local, temporal and causal relationship with the school (university) training or the insurance that is based on the insurance -a reasonable visit to an institutional childcare facility. Paragraphs 2, Z 1, 2, 5, 6, 7 and 9 as well as (6) shall apply accordingly. "

12b. § 177 (3) reads as follows:

" (3) In the accident insurance according to § 8 paragraph 1 Z 3 lit. h, i and l partial insured persons are the school (university) training, the attendance of an institutional childcare facility in the last year before compulsory schooling (§ 175 para. 4) and the in § § Article 175 (5) and § 176 (1) (11) and (12) shall be the same as those referred to in paragraphs 1 and 2 of this Article. "

12c. The title to § 181b reads:

"Basis of assessment in the accident insurance according to § 8 (1) Z 3 lit. h, i and l"

12d. In § 181b of the first and last sentence, the expression " according to § 8 para. 1 Z 3 lit. h and i " by the expression "according to § 8 para. 1 Z 3 lit. h, i and l" replaced.

12e. The title to § 192 reads:

"Accident healing treatment for certain groups of partial insured persons"

12f. In § 192, first sentence, the expression " according to § 8 para. 1 Z 3 lit. h and i of this federal law partially insured pupils and students " by the expression "pursuant to § 8 (1) (3) (h), (i) and (l) of this Federal Law" Parissians " replaced.

12g. In § 195 (7) the expression " according to § 8 para. 1 Z 3 lit. h and i " by the expression "according to § 8 para. 1 Z 3 lit. h, i and l" replaced.

13. In § 199 (2), second sentence, the expression "the spouse" by the expression "the spouse/spouse or registered partner" replaced.

13a. In § 203 (2), the expression " according to § 8 para. 1 Z 3 lit. h and i " by the expression "according to § 8 para. 1 Z 3 lit. h, i and l" replaced.

13b. In § 204, para. 4, the expression " according to § 8 para. 1 Z 3 lit. h and i " by the expression "according to § 8 para. 1 Z 3 lit. h, i and l" replaced.

13c. In § 210 (1), first sentence, the expression " according to § 8 para. 1 Z 3 lit. h and i partially insured pupils and students " by the expression "according to § 8 para. 1 Z 3 lit. h, i and l partial insured persons" replaced.

13d. In § 212 (3), the expression " § 8 para. 1 Z 3 lit. h and i partially insured pupils and students " by the expression "§ 8 para. 1 Z 3 lit. h, i and l partial insured persons" replaced.

14. In § 214 (4), the expression "the spouse" by the expression "the spouse/spouse or registered partner" and the expression "the father, the mother" by the expression "the parents" replaced.

15. In § 216 the expression "according to § 215a" by the expression "according to § § 215a and 220" replaced.

15a. In § 319a (2) penultimate sentence, the expression " according to § 8 para. 1 Z 3 lit. h and i " by the expression "according to § 8 para. 1 Z 3 lit. h, i and l" replaced.

15b. In § 335, paragraph 3, the expression "in accordance with § 8 (1) Z 3 lit. c, h and i" by the expression "according to § 8 para. 1 Z 3 lit. c, h, i and l" , and after the expression "Training" the expression " , institutional childcare " inserted.

16. In § 339 (1), first sentence, the expression "Hospital Act" by the expression "Federal law on hospitals and health care institutions" replaced.

17. The title of Section II of the Sixth Part reads as follows:

"Relations of the social insurance institutions (main association) to the doctors and dentists"

18. Following the heading of section II of the Sixth Part, the following heading shall be inserted:

" 1. Subsection
Doctors/Doctors "

§ 342 (2), first sentence and second sentence are:

" The remuneration of the work of contract physicians is to be agreed upon individual benefits or flat-rate models. The agreements on the remuneration of the medical services shall be combined in each of the remuneration arrangements for individual ordinations and for group practices, which form part of the respective collective agreements. "

Section 342 (2a) Z 4 reads as follows:

" 4.		general cost development separately according to contract physicians and contract doctors as well as contract group praxen; "

21. § 342 (3) is repealed.

22. In accordance with § 342, the following § 342a shall be inserted with the title:

" Special arrangements for group practices

§ 342a. (1) In addition to § § 341 and 342 special regulations regarding their specific supply tasks (in particular regarding opening hours and performance spectra) and fees are provided for in the overall contracts for contract group practices. .

(2) The nature and extent of the accounting of the activities of group practices shall be agreed on the basis of a uniform electronic diagnosis and performance documentation, without prejudice to § 342 (2). In any case, the services of group practices, in which several subject areas are represented, are to be rewarding according to flat-rate models (e.g. case-flat rates). In this context, the range of services and the potential economic potential (synergy effects), which may be possible through the organisation as a society, must be taken into account.

(3) The prior consent of the general contracting parties is required if, after the date of the conclusion of the contract with a contract-group practice

1.		one/one partner or several partners
a)			be included in these or
b)			withdrawal from the company or taking part in the post-office
2.		a change with regard to the medical fields represented by the contract group practice is to be found.

(4) Contract doctors are closed to a group practice on the basis of § 52b paragraph 1 Z 2 lit. a of the Medical Law 1998 (ÄrzteG 1998), BGBl. I No 169/1998, or Article 26a (1) (2) (2). a of the Dental Medical Law (ZÄG), BGBl. I n ° 126/2005, their previous individual contracts shall be erasable. The individual contracts shall be replaced by a group-specific contract or a special individual contract as defined in paragraph 5. This has to correspond to the mutual written commitment made between the contract doctors/contract doctors and the respective area health insurance fund. In the event of a shareholder leaving the company or a shareholder with the participation of the company's post office (para. 3 Z 1 lit. (b) lives the single contract that has been granted.

(5) If a group practice is not applicable to a group practice, it may be necessary to ensure or improve the offer of benefits in kind by the main association, taking into account the Regional Structure Plans Health (RSG) for the institutions of the Health insurance of special contracts-individual contracts with group practices are concluded according to uniform principles. Such a special special contract requires the consent of the health insurance institution for which it is concluded and the competent medical chamber. The special contract shall specify, in particular, the opening times, taking into account day-to-day and night-time, Sams, Sundays and public holidays and, if necessary, on-call time, as well as the range of services. "

Section 343 (1) shall be replaced by the following paragraphs 1 and 1a:

" (1) The selection of the contract doctors and the contract group practices and the conclusion of the individual contracts between the competent institution of the health insurance and the doctor or the group practice shall be carried out in accordance with the provisions of of the overall contract and in agreement with the competent medical chamber. These individual contracts are then effective for all regional and occupational health insurance funds as well as for the social security institution of the farmers. By way of derogation from section 341 (3), the parties to the contract may, with the consent of the competent medical chamber, provide supplementary or deviating regulations with regard to the nature, scope and fee of the contract medical activity, in particular in connection with the Setting of opening hours, services relieving hospital bullets, or meeting for dislocated locations. If conditions have been imposed in an authorisation procedure pursuant to Section 52c of the German Medical Act 1998 or Section 26b (1) of the ZÄG, these contents of the respective individual contract are to be found. Individual contracts, which are not concluded within the limits of the number and local distribution agreed in accordance with § 342 (1) (1) (1), require the approval of the main association and the competent medical chamber, in the event of non-agreement of the competent medical chamber. Approval of the main association and the Austrian Medical Association. No individual contract can be concluded with approved doctors (Section 44 (1) of the Medical Act 1998), unless the doctor has the right, in accordance with Article 36 (2) of Directive 2005 /36/EC on the recognition of professional qualifications , to pursue the medical profession as a medical practitioner for general medical practice within the framework of a social security system.

(1a) On the basis of a proposal from the Austrian Medical Association, the selection according to paragraph 1 shall be determined by a regulation of the Federal Minister of Health to lay down binding criteria for the classification of applicants for individual contracts (the criteria for the award of the award). The applicants ' professional competence and the chronological order of the applications for individual contracts must also be taken into consideration. In the case of the awarding of a group practice individual contract, the evaluation of the female doctors/doctors in each case shall be considered as a whole. In order to fill a planning point in a group practice, a percentage is to be defined in percentage terms within which the applications from which the group practice can be selected must be located. In any case, the criteria for riding are equal to the law of equality, to the freedom of employment and establishment, and to the provisions of the European Convention on Human Rights, BGBl. No 210/1958. The main body shall be consulted prior to the release of this Regulation. "

(24) The previous paragraphs 1a and 1b of section 343 are given the name "(1b)" and "(1c)" .

25. In § 343 (2) (Z) 4 to 6, the term " "personally liable" .

26. The point at the end of Z 7 of section 343 (2) shall be replaced by a line-point and the following Z 8 shall be added:

" 8.		of an infringement of § 342a (3) Z 1 lit. a or Z 2. "

27. The following sentence shall be added to section 343 (2):

"The legal consequence of the erasure of the individual contract in accordance with Z 4 and 5 cannot be considered in accordance with § 44 (2) StGB."

28. In § 343 (3), first sentence, the term " "personally liable" .

29. § 343 (4) reads:

" (4) The contractual relationship may be terminated by the end of a quarter of a calendar year without prejudice to the provisions of para. 2 and 3 of both parts, subject to compliance with a three-month notice period. The sickness insurance institution may terminate in writing only on the basis of repeated, non-insignificant or serious breaches of contract or professional duties, stating the reasons for the failure. The announced doctor or the announced contract-group practice can challenge the termination of notice with the State Arbitration Commission within a period of two weeks. The National Arbitration Commission shall decide on the latter within six months of the date of the appeal. The objection has a suspensive effect until the date of the decision of the National Arbitration Commission. A contract-group practice may cancel the termination of the individual contract if, within eight weeks from the legal force of the dismissal, it has set the shareholder/shareholder who has only set the reason for the termination of the contract, is excluded from the contract group practice. An appeal to the Federal Arbitration Commission (announced by the announced group practice) of the announced doctor (of the announced group practice) shall have no suspensive effect without the consent of the health insurance institution. "

30. § 343 (5) is repealed.

31. According to § 343b the following heading is inserted:

" 2. Subsection
Dentists/Dentists "

32. § 343d is:

" § 343d. (1) The provisions of this section shall apply to relations between sickness insurance institutions and persons belonging to the dental profession in accordance with the Dental Act, subject to the conditions laid down by the provisions of this section:

1.		the Austrian Medical Association and the Medical Association of the Austrian Dental Association and the Austrian Medical Association
2.		in the place of the word, the word dental shall appear in the form to be used in grammatical terms in each case,
3.		the relationship between the health insurance institutions and the dentists, as well as the group practices, must be regulated by a common contract, and
4.		Section 342 (1) (1a) is not applicable.

(2) The provisions of the 3. Subsection of section II of the Sixth Part shall be applied with the proviso that:

1.		in accordance with § § 344 (2) and (345a) of the procedures, two members of the Advisory Board shall be appointed by the competent State Dentistry Chamber,
2.		in accordance with § 345 (1), two advisers shall be appointed on a proposal from the Austrian Dentistry Chamber,
In each case, members and employees of the State Dentist Chamber in accordance with the Dental Office Act, Federal Law Gazette (BGBl). I n ° 154/2005, which is subject to the overall contract on which the individual contract in dispute is based, not be allowed to be a co-sitter;
3.		the law firms of the commissions provided for in § § 344 and 345a shall be held annually alternately by the State Dental Chambers and the Territorial Sickness Funds of those countries in which the Commission concerned is established or in the Individual cases should be set up. "

33. According to § 343d, the following heading is inserted:

" 3. Subsection
Disputes procedure "

34. § 344 (2) reads:

" (2) The Joint Arbitration Commission shall consist of one/a judge of retirement as chairman/chairperson and four co-chairpersons. The Chairman should have been active in labour and social law matters for a long period of time. He/she is to be appointed by the Federal Minister of Justice for five years each. The two members of the two members-each of whom must be a doctor/doctor-are appointed by the competent medical chamber and by the health insurance institution, the party of the individual contract. "

35. In § 344 (3), the second sentence of the term "or shall be notified in writing to the applicant that no decision shall be taken on account of a tied vote" ; in the last sentence, the expression "not to vote equality or" .

36. § 345 (1) last sentence reads:

" Insurance representatives and employees of the insurance institution and the members and employees of that Medical Chamber, which are parties to the collective contract on which the individual contract is based, shall be entitled to: shall not be a co-sitter, the same shall apply to persons who have participated in the elaboration of the directive in accordance with Section 347 (4a) if the directive is to be applied in a procedure. "

37. The following sentence is added to § 346 (6):

"The Federal Minister of Health has the right to inform himself about all the objects of the management."

38. According to Article 347 (4), the following paragraph 4a is inserted:

" (4a) The Austrian Medical Association and the Hauptverband jointly determine the methods of medical and statistical sciences to determine parameters which are to be found before the Commissions in accordance with § § 344, 345, 345a and 346. Assessment of the observance of contractual obligations, in particular those of section 133 (2), must be taken into consideration. The parameters must also be set. The Directive must be adopted by agreement in the field of action, and the Austrian Medical Association and the main body shall be subject to the instructions of the Federal Minister for Health. The Directive is to be published on the Internet at www.avsv.at.

39. In § 349, the following paragraph 2c is inserted after paragraph 2b:

" (2c) The relationships between the institutions of sickness insurance and hospitals according to § 2 para. 1 Z 5 KAKuG may be regulated with regard to certain special medical subjects or parts thereof by means of collective agreements. The last and last sentence of paragraph 2b shall apply. "

40. The following sentence shall be added to section 351h (5):

"The Federal Minister of Health has the right to inform himself about all the objects of the management."

40 a. § 363 (4) reads:

" (4) The schools, educational institutions, universities and institutional childcare facilities referred to in § 8 (1) (3) (h), (i) and (l) have every accident within the meaning of Section 175 (4) or (5) and (5) respectively. § 176 (1) (11) or (12), by which a person insured pursuant to Section 8 (1) (1) (3) (h), (i) or (l) has been killed or physically injured, at the latest within five days from the competent institution of the accident insurance on any one of these in triplicate and in triplicate. In the same way, within five days from the beginning of the disease (§ 120 Z 1), the notifiable bodies have the occupational disease of a person insured under § 8 (1) (3) (h), (i) and (l) in the accident insurance scheme (§ 120 (1)) to the competent institution of the Accident insurance to be reported. "

41. In § 460e, the expression "Hospital Act" by the expression "Federal law on hospitals and health care institutions" replaced.

42. In § 538d paragraph 2 Z 4, the expression "Hospital Act" by the expression "Federal law on hospitals and health care institutions" replaced.

43. In accordance with § 651, the following § 652 shall be added together with the heading:

" Final provisions on Art. 4 of the Federal Law BGBl. I No 61/2010 (72). Novelle)

§ 652. (1) It shall enter into force:

1.		1 September 2010 the § § 8 para. 1 Z 3 lit. l, 10 para. 5, first sentence, 28 Z 2 lit. a, 32h with title, 37 first sentence, 74 para. 5, 120, 125 para. 1, 131 para. 1 and 5, 138 para. 1, 162 para. 1 and 3, 175 para. 4, 177 para. 3, 181b with headline, 192 including title, 195 para. 7, 203 para. 2, 204 Paragraph 4, 210 (1), first sentence, 212 (3), 319a (2), 335 (3), the title of section II of the sixth part and the headings of the first, second and third subsections, 342 (2) and (2a) Z 4, 342a, together with the heading, 343 (1), 1a, 1b and 1c as well as sections 2 to 4, 343d, 344 (2) and 3, 345 (1), 347 (4a) first and second sentence, 349 (2c) and 363 (4) in the Constitution of the Federal Law BGBl. I No 61/2010;
2.		Retroactive with 1. January 2010 § § 104 (5), 199 (2), 214 (4), 216, 346 (6) and 351h (5) in the version of the Federal Law BGBl (Federal Law Gazette). I No 61/2010;
3.		Retroactively with 20 April 2002 the § § 23 (6), 133 (5), 144 (4), 339 (1), 460e and 538d (2) Z 4 in the version of the Federal Law BGBl. I No 61/2010.

(2) § § 342 (3) and 343 (5) shall expire at the end of 31 August 2010.

(3) Section 347 (4a) of the third and fourth sentences shall enter into force as soon as the Federal Minister of Health is determined by the Regulation, but at the earliest with 1. Jänner 2011. The authorisation of the Regulation is bound by the fact that the Austrian Medical Association or the Main Association shall state that, in accordance with § § 344, 345, 345a and 346, the commissions shall not be suitable for the assessment of compliance with the contractual obligations. Parameters are available.

(4) The Federal Minister of Health has to ensure that the Austrian Medical Association will be involved in the development of cross-sectoral billing models for the outpatient sector. The group practices shall be obliged to carry out the nature and extent of the billing of their services at the latest by the end of 31 December 2013 on the basis of a uniform electronic diagnostic and performance documentation.

(5) § 125 (1) in the version of the Federal Law BGBl. I No 61/2010 shall apply to those insurance cases which have occurred after 1 November 2010. The main association has a total of 31. From 2011 to 2013, an evaluation of the expenses incurred by the new formation of the basis of assessment for free service holders pursuant to § 125 (1) shall be carried out. The annual evaluation report shall be submitted to the Federal Minister for Health.

(6) The transitional provisions applicable to the contract partner law shall be as follows:

1.		Individual contracts with a group practice may-apart from the provision of the Z 2-after the entry into force of § 342a only on the basis of total contracts according to § 342a (1) to (4) or of a special contract according to uniform principles according to § § 342a 342a (5). General contracts according to § 342a (1) to (4) also contain provisions on the effects of such collective agreements on existing individual contracts of group practices.
2.		Individual contracts with a group practice in the legal form of an open company may be concluded after the entry into force of § 342a on the basis of the total contracts in force at that time until the total contracts pursuant to § 342a (1) up to 4.
3.		In the case of the exchange of the legal form of a group practice in the legal form of a limited liability company, the individual contract shall be issued if no overall group practice contract is applicable in accordance with § 342a (1) to (4). "

Article 5

Amendment of the Industrial Social Insurance Act

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I n ° 147/2009, shall be amended as follows:

Section 32 (1) reads as follows:

" (1) insured persons who have completed a family insurance pursuant to § 10 or an insurance company registered in accordance with § 11a have to pay the contribution for the duration of this insurance under the conditions laid down in paragraph 2. (Family or partner contribution). "

2. In § 32 (2), after the expression "§ 10 (1)" the expression "and for registered partners/registered partners within the meaning of § 11a" inserted.

3. In § 85 (5) Z 2, the expression "§ 27 (4) first sentence" by the expression "§ 27 (5) first sentence" replaced.

4. § 85 (5) Z 3 reads:

" 3.		whose contribution basis was determined in accordance with Article 25a (5). "

5. In § 90 paragraph 1 lit. c will be the expression "Hospital Act" by the expression "Federal law on hospitals and hospitals (KAKuG)" replaced.

6. In § 95, para. 1, first sentence, the expression " Hospitals Act BGBl. No. 1/1957 " by the expression "Federal law on hospitals and health care institutions" replaced.

7. In § 95 (2), first half-sentence, the expression " Hospital Act, BGBl. No. 1/1957 " by the expression "the Federal Act on hospitals and health care institutions" , in the second half-sentence of the expression " Hospital Act, BGBl. No. 1/1957 " by the expression "KAKuG" replaced.

8. In § 231a the expression "Hospital Act" by the expression "Federal law on hospitals and health care institutions" replaced.

9. In accordance with § 331, the following § 332 and title are added:

" Final provisions on Art. 5 of the Federal Law BGBl. I No 61/2010

§ 332. The following shall enter into force:

1.		Retroactive with 1. January 2010 § § 32 (1) and (2), 85 (5) (2) and (3) in the version of the Federal Law BGBl (Federal Law Gazette). I No 61/2010;
2.		retroactively with 20. April 2002 the § § 90 para. 1 lit. c, 95 para. 1 and 2 first and second half-sentence as well as 231a in the version of the Federal Law BGBl. I No 61/2010. '

Article 6

Amendment of the Farmers-Social Security Act

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I n ° 147/2009, shall be amended as follows:

1. In § 89 (4), first half-sentence, the expression "Hospital Act" by the expression "the Federal Act on hospitals and hospitals-KAKuG" , in the second half-sentence of the expression " Hospital Act, BGBl. No. 1/1957 " by the expression "KAKuG" replaced.

2. In § 219a, second sentence, the expression "Hospital Act" by the expression "Federal law on hospitals and health care institutions" replaced.

3. In accordance with § 322, the following § 323 and title shall be added:

" Final determination on Art. 6 of the Federal Law BGBl. I No 61/2010

§ 323. § § 89 (4) and (219a) in the version of the Federal Law BGBl. I No 61/2010 will enter into force retroactively with 20 April 2002. '

Article 7

Amendment of the Staff Regulations-Health and Accident Insurance Act

The Civil And Accident Insurance Act, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I n ° 147/2009, amended as follows:

1. In § 19, paragraph 1, in the Z 1 lit. d the expression " By-fee allowance law, BGBl. No 485/1971 " by the expression "Pension Act 1965" replaced.

2. In § § 19 (1) Z 2, 26 (1) Z 1 lit. c and 93 (1) first sentence shall be the expression "ancable fee allowance law" by the expression "Pension Act 1965" replaced.

3. § 53 Z 3 is deleted in the second sentence of the expression "and recipients of an achievement according to the Karence Money Act (KGG) as well as with insured persons according to § 43 paragraph 2 KGG" .

4. In § 62 (5) the expression "Hospital Act" by the expression "Federal law on hospitals and hospitals (KAKuG)" replaced.

5. In § 66 (4), the first half-sentence, the expression " Hospital Act, BGBl. No. 1/1957 " by the expression "Bundesgesetz über Krankenanstalten und Kuranstalten-KAKuG" , in the second half-sentence of the expression "the Health Care Act" by the expression "KAKuG" replaced.

6. In § 114a the expression "§ § 112 and 113" by the expression "§ § 112, 113 and 116" replaced.

7. In § 159a second sentence, the expression "Hospital Act" by the expression "Federal law on hospitals and health care institutions" replaced.

8. In accordance with § 223, the following § 224 and title shall be added:

" Final determination on Art. 7 of the Federal Law BGBl. I No 61/2010

Section 224. The following shall enter into force:

1.		with 1 September 2010 § 53 Z 3 in the version of the Federal Law BGBl. I No 61/2010;
2.		Retroactive with 1. Jänner 2010 § 114a in the version of the Federal Law BGBl. I No 61/2010;
3.		Retroactive with 1. January 2003 the § § 19 para. 1 Z 1 lit. d and Z 2, 26 para. 1 lit. c and 93 (1) in the version of the Federal Law BGBl. I No 61/2010;
4.		Retroactively with 20 April 2002 the § § 62 (5), 66 (4) and (159a) in the version of the Federal Law BGBl. I No 61/2010. '

Article 8

Amendment of the Federal Act on the Social Security of freelancers of self-employed persons

The Federal Act on the Social Security of self-employed persons in employment, BGBl. N ° 624/1978, as last amended by the Federal Law BGBl. I n ° 155/2005, is amended as follows:

(1) In § 2 (2), the following sentence shall be inserted before the last sentence:

" A freelance activity is also an activity within the scope of a group practice according to § 52a Abs. 1 Z 1 ÄrzteG 1998 resp. in accordance with Section 26 (1) (1) of the ZÄG (ZÄG) or as (managing) shareholder of a group practice pursuant to Section 52a (1) (2) (2) of the Medical Act 1998, or According to § 26 para. 1 Z 2 ZÄG. "

2. According to § 21i, the following § 21j with headline is inserted:

" Final determination on Art. 8 of the Federal Law BGBl. I No 61/2010

§ 21j. Section 2 (2) in the version of the Federal Law BGBl. I No 61/2010 will enter into force on 1 September 2010. '

Article 9

Amendment of the Health and Health Care Act

The Health and Health Care Act, BGBl. I n ° 108/1997, last amended by the GuKG-Novelle 2009, BGBl. I n ° 130, shall be amended as follows:

1. § 28a (3) Z 2 reads:

" 2.		as nationals of an EEA Contracting State or of the Swiss Confederation or Austrians who are entitled to stay at Community law, and are entitled to reside and have a residence card in accordance with Section 54 of the NAG, or have a permanent residence card according to § 54a NAG or "

2. In accordance with § 35 (1) Z 4 the following Z 4a shall be inserted:

" 4a.		In relation to group practices according to § 52a Medical G 1998, "

3. In accordance with § 90 (1) Z 3, the following Z 3a is inserted:

" 3a.		to group practices according to § 52a ÄrzteG 1998, "

Article 10

Amendment of the Hebammen Act

The Hebammen Act, BGBl. No. 310/1994, as last amended by the Federal Act BGBl. I n ° 102/2008 and the Federal Ministries of the Federal Ministries of Law 2009, Federal Law Gazette (BGBl). I No 3, shall be amended as follows:

1. § 12 (2) (2) and (3) reads:

" 2.		as nationals of an EEA Contracting State or of the Swiss Confederation or Austrians who are entitled to stay at Community law, are entitled to stay and have a residence card according to § 54 NAG or a permanent residence card according to § 54a NAG, or
3.		by an Austrian asylum authority or the asylum court the status of an asylum seeker in accordance with § 3 Asylum Act 2005, BGBl. I No 100, or the status of a subsidiary entitled to subsidiary protection in accordance with Section 8 of the Asylum Act 2005 or a corresponding status granted after the asylum provisions in force before the entry into force of the Asylum Act 2005, "

2. In § 18, the Z 4 shall be the expression "and/or" and then inserted the following Z 5:

" 5.		in relation to group practices according to § 52a ÄrzteG 1998 "

§ 61b Z 1 reads as follows:

" 1.		Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Regulation (EC) No 1137/2008 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty, to Council Decision 1999 /468/EC, with regard to the regulatory procedure with Control, OJ No. OJ L 311, 21.11.2008 p. 1;

4. In § 61b the following Z 5 is inserted after Z 4:

" 5.		Directive 2004 /83/EC on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and on the content of the Protection, OJ. No. 12., as amended, OJ L 304, 30.9.2004, p. No. OJ L 204, 05.08.2005 S 24; "

Article 11

Amendment of the MTD Act

The MTD Act, BGBl. No. 460/1992, as last amended by the Federal Law BGBl. I n ° 101/2008, as well as the Federal Ministries Act of 2009, Federal Law Gazette (BGBl). I No 3, shall be amended as follows:

1. § 6b (3) (2) and (3) reads:

" 2.		as nationals of an EEA Contracting State or of the Swiss Confederation or Austrians who are entitled to stay at Community law, are entitled to reside and are entitled to stay on a residence card pursuant to § 54 NAG or a permanent residence card according to § 54a NAG, or
3.		by an Austrian asylum authority or the asylum court the status of a (a) asylum seeker according to § 3 Asylum Act 2005, BGBl. I No 100, or the status of a subsidiary entitled to subsidiary protection pursuant to Section 8 of the Asylum Act 2005 or a corresponding status granted after the asylum provisions in force before the entry into force of the Asylum Act 2005, "

2. In accordance with § 7 (1) Z 3 the following Z 4 shall be inserted:

" 4.		in relation to group practices according to § 52a ÄrzteG 1998 "

3. § 35a Z 1 reads:

" 1.		Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as last amended by Regulation (EC) No 1137/2008 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty, to Council Decision 1999 /468/EC, with regard to the regulatory procedure with Control, OJ No. OJ L 311, 21.11.2008 p. 1;

4. In § 35a, the following Z 5 is inserted after Z 4:

" 5.		Directive 2004 /83/EC on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and on the content of the Protection, OJ. No. 12., as amended, OJ L 304, 30.9.2004, p. No. OJ L 204, 05.08.2005 S 24; "

Article 12

Amendment of the MTF-SHD Act

The Federal Act on the regulation of the medical and technical technical service and the medical assistance services (MTF-SHD-G), BGBl. No. 102/1991, as last amended by the Federal Law BGBl. I n ° 57/2008, as well as the Federal Ministries Act of 2009, Federal Law Gazette (BGBl). I No 3, shall be amended as follows:

1. § 52 (3) Z 3 becomes the phrase "or group practices according to § 52a ÄrzteG 1998" .

2. § 52e (3) (2) and (3) reads:

" 2.		as nationals of an EEA Contracting State or of the Swiss Confederation or Austrians who are entitled to stay at Community law, are entitled to reside and are entitled to stay on a residence card pursuant to § 54 NAG or a permanent residence card according to § 54a NAG, or
3.		by an Austrian asylum authority or the asylum court, the status of a (a) asylum seeker in accordance with § 3 Asylum Act 2005, BGBl. I No 100, or the status of a subsidiary entitled to subsidiary protection pursuant to Section 8 of the Asylum Act 2005 or a corresponding status granted after the asylum provisions in force before the entry into force of the Asylum Act 2005, "

Fischer

Faymann