3. Federal Act amending the IVF-Fonds-Gesetz (IVF-Fonds-Gesetz-Novelle 2010)

The National Council has decided:

The IVF-Fonds-Gesetz, BGBl. I n ° 180/1999, as last amended by the Federal Law BGBl. I n ° 42/2004 and the Federal Ministries of the Federal Ministries of Law 2009, BGBl. I n ° 6, shall be amended as follows:

1. § 1a (2) reads:

" (2) A pregnancy which has been successfully brought about within the meaning of this Federal Law exists when an intact pregnancy, which is documented in the form of an image and which corresponds to the duration of the pregnancy, is at the earliest from the 5. Week after Embryotransfer. "

2. § 1a (4) Z 1 reads:

" 1.		a successful pregnancy as referred to in paragraph 2, "

3. § 2 (1) reads:

"(1) The Federal Ministry of Health shall set up a fund to co-finance in-vitro fertilisation (hereinafter referred to as the" Fund "). The Fund has legal personality and is represented by the Federal Minister of Health in agreement with the Federal Minister for Economic Affairs, Family and Youth. "

4. § 2 (3) reads:

" (3) For each financial year, the Fund shall draw up an estimate and a financial statement, which shall in any case consist of a profit statement and a final balance sheet at the end of the year, as well as a business report and the Federal Minister for health and for the Federal Minister for Economic Affairs, Family and Youth. Fiscal year is the calendar year. "

5. The following paragraph 4 is added to § 2:

' (4) The Fund shall adopt its rules of procedure which shall ensure the performance of the tasks assigned to it. The Rules of Procedure shall require the approval of the Federal Minister of Health in agreement with the Federal Minister for Economic Affairs, Family and Youth. "

6. In § 4 (4) (1) (1), the following shall be added by the word "and" replaced. In Z 2 lit. d will be the phrase "of 50% of the costs in accordance with § 2 para. 2" through the phrase "the pro-rata costs in accordance with § 3 (2)" and the word "and" is replaced by a point; the Z 3 is deleted.

7. In § 4, the following paragraph 4a is inserted after paragraph 4:

" (4a) Persons who are not Austrian nationals or non-nationals of an EU or EU country. EEA-Member States or non-citizens of the Swiss Confederation must be subject to an indefinite residence permit issued by an Austrian authority in accordance with Section 8 (1) (3) and (4) of the German Law on the establishment of a residence permit and a residence permit (NAG), BGBl. I No 100/2005. '

8. The following paragraph 6 is added to § 4:

" (6) Private insurance undertakings do not make a declaration of consent in accordance with paragraph 4 (2) (2) (lit). d, in so far as all other conditions for eligibility under (1) to (4a) are available for both partners of the couple, this proportion may be taken over by the pair after examination and approval by the Fund. "

9. § 5 para. 3, first sentence reads:

" (3) A contract in accordance with paragraph 1 shall require that the institution of the hospital

1.		has an authorisation pursuant to Section 5 (2) of the Reproductive Medicine Act,
2.		in accordance with the scope of the activities, a notification has been reported as a withdrawal facility (Section 19 of the Tissue Safety Act-GSG, BGBl. I n ° 49/2008) and have an authorization pursuant to Section 22 of the GSG and
3.		, in compliance with the requirements of the principles and recognised methods of medical science and experience, shall in particular continuously carry out specific measures of quality assurance. "

10. According to § 5, the following § § 5a and 5b together with headline are inserted:

" medicinal products

§ 5a. (1) Contract institutions (§ 5) are entitled, even if they do not have an anstaltsapotheke,

1.		to obtain the medicinal products required for the implementation of the IVF treatment from the manufacturer, the depositor or the wholesaler,
2.		within the framework of the pharmaceutical supply (§ 20 of the German Hospital and the Kuranstaltengesetz, BGBl. No 1/1957, and the implementing laws of the Länder under this Federal Act), to keep these medicinal products in stock and
3.		to deliver these medicines to the fund patients.

(2) Manufacturers, depositors or pharmaceutical wholesalers shall be entitled to supply the medicinal products required for the implementation of the IVF treatment to contract hospitals, even if they do not have an anstaltsapotheke.

Reporting obligation

§ 5b. (1) The patients are obliged to report the result of an experiment as well as a possible birth within three months to the contract hospital (§ 5), which has carried out the fund's attempt.

(2) In the event that the notification in accordance with paragraph 1 does not apply, the Fund shall recover the proportionally paid costs from the patients. "

11. § 7 together with headline reads:

" Register

§ 7. (1) The Fund shall:

1.		a public register of the names and addresses of the contract hospitals (§ 5) and
2.		a non-public register in accordance with paragraph 3
to perform automation support.

(2) The register shall be registered in accordance with Section 4 (1) Z 8 of the Federal Act on Health Austria GmbH (GÖGG), BGBl. I n ° 132/2006, by the Health Österreich GmbH (Business Unit ÖBIG), on behalf of the Fund.

(3) The non-public register shall contain the following data:

1.		names, social security numbers and health insurance institutions of the couple,
2.		the findings necessary for the treatment, including the start of treatment, medication, course of treatment,
3.		Success/outcome of the trials and
4.		Number of IVF experiments carried out in each of the respective contract hospitals, for which a cost support was carried out in accordance with this Federal Act.

(4) The data stored in the register in accordance with paragraph 3 shall be used exclusively for the Fund

1.		to the Ab or Settlement of the Fund,
2.		to check the eligibility criteria (§ 4) on the basis of costs pursuant to § 2 para. 2,
3.		as a basis for quality assurance and control in the field of in-vitro fertilisation and
4.		the control of the services laid down in the contracts concluded with the hospitals in accordance with Article 5.
For the purposes of quality assurance and control in the field of in-vitro fertilisation, data may only be processed indirectly in terms of personal data.

(5) The Contracting Hospitals are obliged to provide the data required for the performance of the purposes referred to in paragraph 4. in accordance with paragraph 3 of the persons treated by them Health Österreich GmbH online via a secure data link.

(6) On the basis of the notifications pursuant to paragraph 5, health Österreich GmbH shall draw up, at least once a year, a data evaluation for which the reference to persons is to be eliminated.

(7) The granting of the access rights to the contract hospitals and to the fund is to be documented in a comprehensible way by the health Austria GmbH. Only authorized employees of the Federal Ministry of Health and Health Austria GmbH shall be entitled to access the register on the data referred to in paragraph 3 as well as the contract hospitals on the data provided by them in accordance with paragraph 5 of this article. data transmitted.

(8) Health Österreich GmbH has to ensure that personal data are deleted, if they are no longer required for the purposes specified in paragraph 4, and to the Federal Minister of Health on the measures taken information.

(9) § 15a (4), (7), (8), (11), (12) and (13) GÖGG shall apply. "

12. In accordance with § 9, the following § 9a and title shall be inserted:

" Transitional provision

§ 9a. § 4 (6) shall apply to those trials which are initiated after the date of entry into force of this Federal Law. "

Fischer

Faymann