147. Federal Law, with which the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act, the Officials-Health and Accident Insurance Act, the Labour Market Policy-Finance Act, the Construction workers-bad weather compensation law 1957, the special support law, the law on carenas, the labor chamber law in 1992, the company employee and self-employment law, the federal care money act and the law The law on the protection of prisoners of war is amended (4. Social Rights Amendment Act 2009-4. SRÄG 2009)

The National Council has decided:

table of contents

Art. Subject matter

1	Amendment of the General Social Insurance Act
2	Amendment of the Industrial Social Insurance Act
3	Amendment of the Farmers-Social Security Act
4	Amendment of the Staff Regulations-Health and Accident Insurance Act
5	Change of Labour Market Policy-Finance Law
6	Amendment of the construction worker-Schlechtwetterentschädigungsgesetz 1957
7	Amendment of the Special Support Act
8	Amendment of the Law on Carenas
9	Amendment of the Labour Chamber Act 1992
10	Change of company employee and self-employment law
11	Amendment of the Federal Nursing Money Act
12	Amendment of the War Prisoner Compensation Act

Article 1

Amendment of the General Social Insurance Act (71). Novelle to the ASVG)

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

Part 1

1. In § 31 (5) Z 10, the following sentence shall be inserted after the first sentence:

"The directives must be adopted by the main body in the field of action, and the main association shall be subject to the instructions of the Federal Minister of Health at the time of the release."

2. § 31 (5) Z 13 reads:

" 13.		on the economic prescription of remedies and remedies; in these guidelines, which are binding for the contractual partners (§ § 338 et seq.), the aim is to determine in particular also the nature and duration of the illness, the extent to which proprietary medicinal products can be given on behalf of the social insurance institutions; for proprietary medicinal products in the yellow area of the Code of refund, which are replaced by the medical authorization of the principal and control officer of a service; shall be subject to subsequent control, shall be included in these Directives establish uniform documentation in compliance with a framework agreement or regulation in accordance with Section 609 (9); the Directives must not jeopardidethe therapeutic purpose; the Directives shall be adopted by the main body in the field of action transferred ; upon release, the main association shall be subject to the instructions of the Federal Minister of Health; "

3. (determination of principles) The following sentences are added to § 148 Z 6:

" The hospitals are obliged to use the e-card and the e-card infrastructure according to the technical availability. In case of doubt, the identity of the patient/patient and the lawful use of the e-card shall be reviewed. . "

4. (Determination of the principles) In § 149 (2), after the expression "Instruction," the expression "the verification of the identity of the patient/patient in case of doubt and the lawful use of the e-card," inserted .

5. (Determination of the principles) The following sentence is added to § 149 (2):

"The hospitals referred to in paragraph 1 shall be obliged to use the e-card and the e-card infrastructure in accordance with the technical availability."

6. The following sentences are added to § 340a:

" The main association has set these principles in the transferred sphere of activity and has made it available on the Internet. In setting the principles, he shall be subject to the instructions of the Federal Minister of Health. "

7. § 342 (1) (1) (1) first half-sentence reads:

" 1.		the setting of the number and the local distribution of the contract doctors (contract group practices) on the basis of the regional structural plans Health (RSG) with the aim of taking into account all outpatient care Supply structures, local conditions and traffic conditions, changes in morbidity and population density and structure (dynamic job planning) provide sufficient medical care within the meaning of section 338 (2) of the first Rate of insured persons insured in statutory health insurance and their members are secured; "

8. In § 342 (1) the following Z 1a is inserted after Z 1:

" 1a.		Any arrangements for the deferment of investment to the former holder of the vacancy in the event of a partial calculation of the fee for the case that a post in the establishment plan is deleted and thus not re-filled , and shall not be carried out by either the previous holder of the vacancy or by any other doctor in his/her previous premises or with his/her previous facilities, in the form of a contract or a real-life activity; Sales revenue shall be set off on the basis of the investment contract; "

Section 342 (1) Z 3 reads as follows:

" 3.		the rights and obligations of the contract doctors and contract doctors, and in particular their claims for remuneration of the medical service as well as the verification of the identity of the patient/patient and the lawful use of the e-card; "

10. § 342 (1) Z 4 reads:

" 4.		the provision of care to ensure economic treatment and prescription , including control measures in the case of remedies, as well as with regard to medical care Costs, for example, in the areas of assignment and transfer to established Medical doctors (group practices), remedies, aids and transports (economic principle); "

11. In § 342 (1), the point at the end of the Z 9 is replaced by a stroke point and the following Z 10 is added:

" 10.		the establishment of an age limit (up to the completion of the 70 age limit). (a) for the termination of the individual contracts of contract doctors (personally liable partners of a contract-group practice) as well as possible exceptions to this in the case of a threatening medical undersupply. If no agreement is reached on an age limit, then the full 70 shall apply. Life year as an age limit. "

12. In § 342 (2), the last sentence is deleted.

13. According to Article 342 (2), the following paragraph 2a is inserted:

" (2a) In the agreement of the fee regulations, the total contract partners with the objective of a high-quality supply, a sustainably balanced building of the institution of the health insurance and an adequate To apply the following criteria:

1.		The development of the contribution income of the health insurance institution, without taking into account legally binding contributions to contributions;
2.		the economic performance of the health insurance institution without taking account of its own facilities and administrative costs;
3.		the macroeconomic situation (including wage and salary developments);
4.		the general cost development of the contract doctors (contract group practices);
5.		the effect of increases in the volume of medical services (performance of group practices) on the expenses of the health insurance provider;
6.		the development of expenditure of the sickness insurance institution, with the exception of those services which are not related to the contract medical assistance;
7.		the state of medical science and experience, as well as the effects of demographic change and changes in morbidity;
8.		the quality standards adopted in the context of the planning of the health care structure. "

14. In § 343, the following subsections 1a and 1b are inserted:

" (1a) As long as there is no agreement on the need for the post-occupation of a vacant post between the competent medical chamber and the competent institution of sickness insurance, taking into account the criteria in accordance with section 342 (1) (1) (1), this site cannot be spelled out. If, after the end of a year, there is still no agreement after the end of a single contract, the National Arbitration Commission (§ 345a) shall decide upon the request of one of the two contracting parties on the requirements of the post-occupation, taking into account the criteria according to § 342 (1) (1). Up to the legal force of the decision, the post office may not be spelled out. The establishment plan shall be deemed to be adapted from the legal force of a decision of the non-readout.

(1b) In the case of decommissioning of a post office (para. 1a) the social security institution concerned may not, within five years from the date of release, the benefit volume to be covered up to now by the contract doctor or the contract doctor of the respective post office by means of a new contract with other Cover service providers. "

15. In § 343 (2), at the end of Z 6, the point is replaced by a stroke point and the following Z 7 is added:

" 7.		the attainment of the respective age limit at the end of the respective calendar quarter. "

16. In § 343 (2), in the penultimate sentence, the expression "6" by the expression "7" replaced and after the expression "from the legal force of the judicial decision" the expression "or after the end of the respective calendar quarter, in which the age limit has been reached," inserted.

17. In § 345a (2) (1), the word shall be: "and" by a stroke point, the point at the end of the Z 2 replaced by a stroke point and the following Z 3 is added:

" 3.		for the decision on applications pursuant to section 343 (1a). "

18. The following sentences are added to § 348g:

" The main association has set these principles in the transferred sphere of activity and has made it available on the Internet. In setting the principles, he shall be subject to the instructions of the Federal Minister of Health. "

19. The following sentence shall be added to section 349 (2b) and (3):

"§ 342 (2a) shall apply mutasensitily."

20. The following sentences are added to § 349a:

" The main association has set these principles in the transferred sphere of activity and has made it available on the Internet. In setting the principles, he shall be subject to the instructions of the Federal Minister of Health. "

21. In § 442 (5) the term " "Top" .

22. The following sentence shall be added to section 446 (1):

"Assessments in shares and equity funds are not permitted."

Section 446 (3) Z 1 reads as follows:

" 1.		in the case of the territorial health insurance funds, the occupational health insurance funds, the General Accident Insurance Institution, the Insurance Institution for Railways and Mining, the approval of the Federal Minister for Health, which is the agreement with the Federal Minister for Health for work, social affairs and consumer protection, "

(24) The following paragraph 4 is added to § 446:

" (4) The insurance institution shall ensure that the apportionment is carried out by persons who are qualified for this purpose and who can provide evidence of appropriate professional experience. A risk management is to be carried out for each asset situation. "

25. In § 448 (1), the second sentence of the term "as the highest supervisory authority", in the third sentence the term "uppermost" .

26. § 448 (2) is repealed.

27. In § 448 (3), the second half-sentence is deleted in the first sentence.

28. In § 448 (3), the sentence is deleted in the penultimate sentence "financial" .

Section 448 (4), first sentence reads:

" The representative of the Federal Minister of Labour, Social Affairs and Consumer Protection and the representative/representative of the Federal Minister of Health can oppose decisions taken by an administrative body that contravenes a piece of legislation. The representative/representative of the Federal Minister of Finance against decisions affecting the financial interests of the Federal Republic of Germany shall lodge an objection with suspensive effect. "

30. § 448 (5) is repealed.

31. In § 449 (1), the second sentence shall be replaced by the following sentence:

" They can extend their supervision to questions of expediency, economy and economy; in these cases they should be limited to important questions and to the self-life and the self-responsibility of the insurance institutions (of the The main association) does not interfere unnecessarily. "

32. In § 449, the third sentence of the second sentence of paragraph 2 and the first and third sentences of the first and third sentences respectively shall be deleted. "Top" .

33. In § 450 (1), the first and second sentences in each case shall be deleted. "Top" .

34. In § 451 (1), the first sentence of the expression shall not apply: "Top" .

35. In accordance with § 646, the following § 647 shall be added together with the heading:

" Final provisions on Art. 1 Part 1 of the Federal Law BGBl. I n ° 147/2009 (71. Novelle)

§ 647. (1) § § 31 (5) Z 10 and 13, 148 Z 6, 149 (2), 340a, 342 (1) Z 1, 1a, 3, 4, 9 and 10, (2) and (2a), 343 (1a) and (1b), (2) Z 6 and (7) and (2) penultimate sentence, 345a (2), 348g, 349 (2b) and (3), 349a, 446 (1), (3), (1) and (4), 448 (3) in the version of Z 27 and 449 (1) in the version of the Federal Law BGBl. I n ° 147/2009 shall enter into force 1. Jänner 2010 in force.

(2) § § 442 (5), 448 (1) and (4), 448 (3) in the version of Z 28, 449 (2) and (4), 450 (1) and 451 (1) in the version of the Federal Law BGBl. I No 147/2009 will enter into force on 1 March 2010.

(3) § 448 (2) and (5) shall expire on the expiry of 28 February 2010.

(4) § 342 (1) (10) applies to individual contracts of contract (zahn) doctors (contract group practices) and dentists/dentists who are to be employed as of the first time. Jänner 2010 will be closed. In the case of individual contracts concluded before that date, transitional arrangements shall be laid down in the overall contracts, taking into account age-old and legitimate expectations. If no agreement is reached on an age limit until the end of 31 December 2010 in the respective overall contract, then the completed 70 shall apply. Life year as an age limit. "

Part 2

1. In § 31 (4) (2) (2), after the word "nursing care" the expression "in the transmitted sphere of action" inserted.

2. In § 31 paragraph 4 Z 3 lit. a shall be referred to Word "State Care Money Laws" the expression " , whereby important data for the care allowance are used in the transferred sphere of activity according to the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection. " inserted.

3. In § 31 (4) Z 4 the expression "with respect to instructions" by the expression "in the transmitted sphere of action according to the instructions" replaced.

4. § 31 (5) Z 23 reads:

" 23.		in the transferred scope of action for the uniform application of the Federal Nursing Money Act; upon release, the main body shall be subject to the instructions of the Federal Minister of Labour, Social Affairs and Consumer Protection; "

4a. In § 49 (3) Z 28 the term " "Drive-and" and shall be the expression "30 € per day of use, but up to 540 € per calendar month" by the expression "60 € per day of use, up to a maximum of 540 € per calendar month" replaced.

5. The following sentence is added to § 104 (6):

"In the case of entitlement to compensation allowance, the service may be disbursed for the duration of the proceedings in accordance with § 292 (14) bar."

6. § 108a (1) last sentence reads:

"The recovery number shall be rounded to three decimal places; it shall not be less than 1."

(7) The following paragraph 14 is added to § 292:

" (14) The existence of reasonable doubt as to the habitual residence in the territory of the country pursuant to paragraph 1 above, shall be subject to a procedure for the withdrawal of the compensatory allowance. This procedure shall provide proof of the habitual residence of the person concerned in the territory of the country. "

8. In § 298 (2), the point at the end of the first sentence shall be replaced by a stroke; the following half-sentence shall be inserted:

" If there are reasonable doubts about the habitual residence of the person entitled to stay in the country, this has to be done at least once a year. "

9. In accordance with Section VIIIa of the Eighth Part, the following section VIIIb is inserted:

" SECTION VIIIb

Participation in the determination of habitual residence in Germany

§ 459f. The tourist authorities and the establishment and residence authorities shall, on request, have all the relevant information to the institutions of the pension insurance, in particular those relating to the establishment and verification of habitual residence in the territory of the country. and its legality, through funds actually available, separately from the source of the reference (such as income, income, benefits in kind, benefits from social assistance, liabilities or benefits arising from a declaration of liability, or Declaration of Undertaking or Declaration of Commitment), and on the capacity to transmit, to the extent that such information is available to the authorities and relevant to their decision. "

9a. In § 625 (12), the point at the end of Z 4 shall be replaced by a line-point; the following Z 5 shall be added:

" 5.		In the area of the social security institution of the commercial economy, the social security institution of the farmers and the insurance institution for railways and mining, the pro rata expenditure for the introduction of the computerised application in accordance with paragraph 15 in the Years 2010 and 2011. "

9b. The following paragraph 15 is added to § 625:

" (15) In the area of the pension insurance institution, the effort for the introduction of a uniform, process-optimised and cross-carrier computer application for the settlement of the core business of the pension insurance institutions increases the respective costs. the annual administrative target value as set out in paragraph 9, namely 5% in the 2010 financial year and 5.4% in the 2011 financial year. "

10. According to § 647, the following § 64 8 together with headline:

" Final determination on Art. 1 Part 2 of the Federal Law BGBl. I n ° 147/2009 (71. Novelle)

§ 648. § § 31 (4) (2) to (4) and (5) Z 23, 49 (3) Z 28, 104 (6), 108a (1), 292 (14), 298 (2) and 625 (12) (4) and (5) and (15) and Section VIIIb of the Eighth Part in the version of the Federal Law BGBl. I n ° 147/2009 shall enter into force 1. Jänner 2010 in force. "

11. In accordance with § 648, the following § 649 shall be added together with the heading:

" one-time payment

§ 649. (1) All persons with a normal stay in Germany who are entitled to one or more pensions in December 2009 must be paid a one-off payment. If a person's total pension income is

1.		up to € 1 200, the one-off payment shall be 4.2% of the total amount of the pension;
2.		more than € 1 200 up to € 1 300, the one-off payment amounts to a level which decreases linearly between the above-mentioned values from 4.2% to 0% of the total pension income.
Total pension income is the sum of all pensions from the statutory pension insurance, to which a person is entitled in December 2009.

(2) The one-off payment is not an integral part of the pension, but it is, together with the (highest) current pension payment for December 2009, 1. January 2010 to be paid out.

(3) The one-off payment shall not be considered as a net income within the meaning of section 292 (3). From the one-off payment, no contributions to health insurance are to be paid. "

Article 2

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 ° 135/2009, shall be amended as follows:

Part 1

1. In § 80a (1) the expression shall be: "§ 120 Z 1" by the expression "§ 80 Z 1" replaced.

2. (Determination of the principles) In § 98 (2), after the expression "Instruction," the expression "the verification of the identity of the patient/patient in case of doubt and the lawful use of the e-card," inserted.

3. (determination of principles) The following sentence is added to § 98 (2):

"The hospitals referred to in paragraph 1 shall be obliged to use the e-card and the e-card infrastructure in accordance with the technical availability."

4. The following sentence shall be added to Article 218 (1):

"Assessments in shares and equity funds are not permitted."

(5) The following paragraph 4 is added to § 218:

" (4) The insurance institution shall ensure that the apportionment is carried out by persons who are qualified for this purpose and who can provide evidence of appropriate professional experience. A risk management is to be carried out for each asset situation. "

6. § 220 (2) omitted in the fourth sentence of the expression "financial" .

7. In § 221 (1), the second sentence shall be replaced by the following sentence:

" It may extend its supervision to questions of expediency, economy and economy; in these cases it should be limited to important questions and not unnecessarily to the self-life and to the self-responsibility of the insurance carrier. intervention. "

8. According to § 327, the following § 328 and heading is added:

" Final provisions on Art. 2 Part 1 of the Federal Law BGBl. I No 147/2009

§ 328. (1) § § 98 (2), 218 (1) and (4), 220 (2) and 221 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 147/2009 shall enter into force 1. Jänner 2010 in force.

(2) § 80a (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 147/2009 will enter into force retroactively with 1 August 2009. "

Part 2

1. § 25a, para. 5 reads:

" (5) The provisional contribution basis shall be reduced at the request of the insured person, insofar as this appears justified in accordance with their economic circumstances and makes it credible that their income is essential in the current calendar year. shall be less than in the third preceding calendar year. The reduced contribution basis shall not be less than the minimum contribution basis to be applied in accordance with Section 25 (4) and (4a). The application for a reduction of the provisional contribution basis may be made until the end of the respective contribution year. A change in the assessment of the income underlying the reduction of the provisional basis of contribution shall be allowed only once during the contribution year. "

1a. § 35 (3), first sentence reads:

" In the calendar year following the determination of the final contribution basis, the determination of the final contribution basis in accordance with Article 25 (6) shall be the result of the determination of the final contribution basis, in four equal partial amounts. Last of the second month of the calendar quarter years. "

1b. In section 35 (3) of the last sentence and last sentence, the expression "two years" in each case by the expression "One Year" replaced.

1c. § 35 (7) is repealed.

(1d) The following sentence shall be added to section 72 (5):

"In the case of entitlement to compensation allowance, the service may be disbursed for the duration of the proceedings pursuant to § 149 (13) bar."

(2) The following paragraph 13 is added to section 149:

" (13) The existence of reasonable doubt as to the habitual residence in the territory of the country pursuant to paragraph 1 shall be initiated in such a way as to initiate a procedure for the withdrawal of the compensatory allowance. This procedure shall provide proof of the habitual residence of the person concerned in the territory of the country. "

(3) In § 155 (2), the point at the end of the first sentence shall be replaced by a reticle; the following half-sentence shall be inserted:

" If there are reasonable doubts about the habitual residence of the person entitled to stay in the country, this has to be done at least once a year. "

4. In accordance with § 328, the following § 329 shall be added together with the heading:

" Final provisions on Art. 2 Part 2 of the Federal Law BGBl. I No 147/2009

§ 329. (1) § § 25a (5), 35 (3), 72 (5), 149 (13) and 155 (2) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 147/2009 shall enter into force 1. Jänner 2010 in force.

(2) Section 35 (7) shall expire on the expiry of 31 December 2009.

(3) § 35 (3) in the version of the Federal Law BGBl. I No 147/2009 shall apply only to those dimensions of the final contribution basis in accordance with Article 25 (6) of this Regulation, which shall apply from 1 January 2007 onwards. January 2010 will be carried out. "

5. In accordance with § 329, the following § 330 together with the title is added:

" one-time payment

§ 330. (1) All persons with a normal stay in Germany who are entitled to one or more pensions in December 2009 must be paid a one-off payment. If a person's total pension income is

1.		up to € 1 200, the one-off payment shall be 4.2% of the total amount of the pension;
2.		more than € 1 200 up to € 1 300, the one-off payment amounts to a level which decreases linearly between the above-mentioned values from 4.2% to 0% of the total pension income.
Total pension income is the sum of all pensions from the statutory pension insurance, to which a person is entitled in December 2009.

(2) The one-off payment is not an integral part of the pension, but it is, together with the (highest) current pension payment for December 2009, 1. January 2010 to be paid out.

(3) The one-off payment shall not be considered as a net income within the meaning of Section 149 (3). From the one-off payment, no contributions to health insurance are to be paid. "

Article 3

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 ° 135/2009, shall be amended as follows:

Part 1

1. In § 76a (1), the expression "§ 120 Z 1" by the expression "§ 76 Z 1" replaced.

2. (Determination of the principles) In § 92 (2), after the expression "Instruction," the expression "the verification of the identity of the patient/patient in case of doubt and the lawful use of the e-card," inserted.

3. (determination of principles) The following sentence is added to § 92 (2):

"The hospitals referred to in paragraph 1 shall be obliged to use the e-card and the e-card infrastructure in accordance with the technical infrastructure."

4. The following sentence shall be added to § 206 (1):

"Assessments in shares and equity funds are not permitted."

5. The following paragraph 4 is added to § 206:

" (4) The insurance institution shall ensure that the apportionment is carried out by persons who are qualified for this purpose and who can provide evidence of appropriate professional experience. A risk management is to be carried out for each asset situation. "

6. § 208 (2) omitted in the fourth sentence of the expression "financial" .

7. In § 209 (1), the second sentence shall be replaced by the following sentence:

" It may extend its supervision to questions of expediency, economy and economy; in these cases it should be limited to important questions and not unnecessarily to the self-life and to the self-responsibility of the insurance carrier. intervention. "

8. In accordance with § 318, the following § 319 shall be added together with the heading:

" Final provisions on Art. 3 Part 1 of the Federal Law BGBl. I No 147/2009

§ 319. (1) § § 92 (2), 206 (1) and (4), 208 (2) and 209 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 147/2009 shall enter into force 1. Jänner 2010 in force.

(2) § 76a (1) in the version of the Federal Law BGBl. I n ° 147/2009 will enter into force retroactively with 1 August 2009. "

Part 2

(1) The following sentence is added to Article 68 (6):

"In the case of entitlement to compensation allowance, the service may be disbursed for the duration of the proceedings pursuant to § 140 (13) bar."

(2) The following paragraph 13 is added to § 140:

" (13) The existence of reasonable doubt as to the habitual residence in the territory of the country pursuant to paragraph 1 shall be initiated in such a way as to initiate a procedure for the withdrawal of the compensatory allowance. This procedure shall provide proof of the habitual residence of the person concerned in the territory of the country. "

(3) In § 146 (2), the point at the end of the first sentence shall be replaced by a reticle; the following half-sentence shall be inserted:

" If there are reasonable doubts about the habitual residence of the person entitled to stay in the country, this has to be done at least once a year. "

4. In accordance with § 319, the following § 320 shall be added together with the heading:

" Final determination on Art. 3 Part 2 of the Federal Law BGBl. I No 147/2009

§ 320. § § 68 (6), 140 (13) and 146 (2) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 147/2009 shall enter into force 1. Jänner 2010 in force. "

5. In accordance with § 320, the following § 321 and heading is added:

" one-time payment

§ 321. (1) All persons with a normal stay in Germany who are entitled to one or more pensions in December 2009 must be paid a one-off payment. If a person's total pension income is

1.		up to € 1 200, the one-off payment shall be 4.2% of the total amount of the pension;
2.		more than € 1 200 up to € 1 300, the one-off payment amounts to a level which decreases linearly between the above-mentioned values from 4.2% to 0% of the total pension income.
Total pension income is the sum of all pensions from the statutory pension insurance, to which a person is entitled in December 2009.

(2) The one-off payment is not an integral part of the pension, but it is, together with the (highest) current pension payment for December 2009, 1. January 2010 to be paid out.

(3) The one-off payment shall not be considered as a net income within the meaning of Section 140 (3). From the one-off payment, no contributions to health insurance are to be paid. "

Article 4

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 ° 135/2009, shall be amended as follows:

1. In Section 53a (1), the expression "§ 120 Z 1" by the expression "§ 53 Z 1" replaced.

2. (Determination of the principles) In § 68 (2), after the expression "Instruction," the expression "the verification of the identity of the patient/patient in case of doubt and the lawful use of the e-card," inserted.

3. (determination of principles) The following sentence is added to § 68 (2):

"The hospitals are obliged to use the e-card and the e-card infrastructure according to the technical availability."

4. The following sentence shall be added to section 152 (1):

"Assessments in shares and equity funds are not permitted."

5. The following paragraph 4 is added to § 152:

" (4) The insurance institution shall ensure that the apportionment is carried out by persons who are qualified for this purpose and who can provide evidence of appropriate professional experience. A risk management is to be carried out for each asset situation. "

(6) In § 155 (1), the first and second sentences are replaced by the following:

" The Federal Minister of Health as the supervisory authority must monitor the building of the insurance institution and seek to ensure that, in the course of this building, legislation will not be infringed. He may extend his supervision to questions of expediency, economy and economy; in these cases he shall confine himself to important questions and not unnecessarily to the self-life and to the self-responsibility of the insurance institution. intervention. "

7. In accordance with § 222, the following § 223 shall be added together with the heading:

" Final provisions on Art. 4 of the Federal Law BGBl. I No 147/2009

Section 223. (1) § § 68 (2), 152 (1) and (4) and 155 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 147/2009 shall enter into force 1. Jänner 2010 in force.

(2) § 53a (1) in the version of the Federal Law BGBl. I n ° 147/2009 will enter into force retroactively with 1 August 2009. "

Article 5

Change of Labour Market Policy-Finance Law

Labour Market Policy-Finance Law, BGBl. No. 315/1994, as last amended by the Federal Law BGBl. I n ° 90/2009, shall be amended as follows:

1. § 5 together with headline:

" Implementation of the collection

§ 5. (1) The contributions in accordance with § 2 shall be raised by the competent social insurance institutions, in so far as they are contributions of persons insured with compulsory health insurance, together with the contribution to health insurance. For the contributions of persons insured by compulsory insurance and in accordance with Section 3 (8) of the AlVG insured persons, the health insurance legislation applicable to the calculation, due date, Deposit, recovery, contribution surcharges, security, limitation and recovery of compulsory contributions, provided that the contributions to the sickness insurance scheme are replaced by contributions to the unemployment insurance scheme, as far as the contributions to the sickness insurance scheme are Federal legislation does not give way to any other derogation.

(2) For the contributions made in accordance with § 3 of the AlVG insurers of self-employed persons, the pension insurance provisions applicable to the social security institution of the commercial economy shall apply to the calculation, due date, Deposit, recovery, contribution surcharges, security, limitation and recovery of compulsory contributions, provided that the contributions to the pension insurance are replaced by contributions to the unemployment insurance scheme, to the extent that the contributions to the pension insurance scheme are Federal legislation does not give way to any other derogation.

(3) The competent institutions of the social security system shall carry out the tasks in accordance with this Federal Act in the transferred sphere of action in accordance with the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection.

(4) The social insurance institutions have to pay the contributions to the body designated by the Federal Minister for Labour, Social Affairs and Consumer Protection. The more detailed provisions on the procedure for the settlement, removal and presentation of the contributions are made by the Federal Minister of Labour, Social Affairs and Consumer Protection.

(5) Insofar as the social insurance institutions, with the exception of the occupational health insurance funds, are involved in the collection of the unemployment insurance contribution and the surcharge in accordance with § 12 para. 1 Z 4 of the Insolvency Law on the Law of Insolvency (IESG), BGBl. No 324/1977, they will receive compensation for the payment of the costs they derive from them. The Federal Minister for Labour, Social Affairs and Consumer Protection has the amount of the remuneration and the payment method after hearing the main association of the Austrian Social Security Institutions, taking into account the previously performed To fix the recovery compensation and the expected cost development in accordance with the principles of simplicity, appropriateness and rigour by Regulation.

(6) The Federal Minister for Labour, Social Affairs and Consumer Protection can consult with the Social Security Institutions on all records relating to the management of the unemployment insurance and the building of the social security institutions. Unemployment insurance contributions. "

(2) The following paragraph 40 is added to § 10:

" (40) § 5 in the version of the Federal Law BGBl. I No 147/2009 shall enter into force 1. Jänner 2010 in force. "

Article 6

Amendment of the construction worker-Schlechtwetterentschädigungsgesetz 1957

The Construction Workers-Bad Weather Compensation Act 1957, BGBl. N ° 129, as last amended by the Federal Law BGBl. I n ° 90/2009, shall be amended as follows:

1. § 9 is accompanied by headline:

" Implementation of the refund

§ 9. (1) The payment of the refund shall be effected by the holiday and terminal box office within the framework of a specific subject area.

(2) The holiday and terminal box office shall carry out the tasks in accordance with this Federal Act in the transferred sphere of action in accordance with the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection.

(3) The administrative costs (material and personnel costs) of the implementation shall be proportional to the subject-matter in accordance with paragraph 1 in proportion to the expenditure incurred for the reimbursement of expenses, without administrative costs, of the substantive areas for the holiday arrangements and for the handling arrangements (§ 21 (1) of the BUA). "

2. § 12 (5) reads:

" (5) The bad weather compensation contribution shall be raised by the institutions of the statutory health insurance. The institutions of the statutory health insurance have the tasks under this federal law in the transferred sphere of action to be carried out in accordance with the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection. Disputes relating to the obligation to perform the bad weather compensation contribution shall be decided on the basis of the procedures applicable to social security contributions. In this procedure, the holiday and deferment box office is party to the party position. The relevant provisions of the General Social Insurance Act shall apply to the calculation, maturity, deposit, recovery, contribution surcharges, securing, limitation and recovery of the bad weather compensation contribution. Contributions to compulsory insurance on the basis of the employment service. The institutions of the statutory health insurance are to be paid a fee for the collection of the bad weather compensation fee. The Federal Minister for Labour, Social Affairs and Consumer Protection has the more detailed provisions on the procedure for the settlement and removal of the contributions, as well as the amount of the remuneration and the payment method after hearing the BUAK and the main association of the Austrian social insurance institutions on the basis of the remuneration paid up to now, the development of the number of employees for which the bad weather compensation contribution is to be made and the expected cost of the employee according to the principles of simplicity, expediency and austerity "

3. § 19 shall be the heading "Entry into force" .

4. The following paragraph 6 is added to § 19:

" (6) § § 9 and 12 (5) in the version of the Federal Law BGBl. I n ° 147/2009 shall enter into force 1. Jänner 2010 in force. "

Article 7

Amendment of the Special Support Act

The Special Support Act, BGBl. No. 642/1973, as last amended by the Federal Law BGBl. I n ° 90/2009, shall be amended as follows:

1. § 8 reads:

" § 8. (1) The Insurance Institution for Railways and Mining shall decide on applications for the granting of special assistance.

(2) The Insurance Institution for Railways and Mining has to carry out the tasks under this Federal Act in the transferred sphere of action in accordance with the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection.

(3) In the event of a dispute concerning the right to special assistance or its level, the provisions relating to the procedure in matters relating to performance shall be applied in accordance with the seventh part of Section II of the General Social Insurance Act. "

2. The Art. V shall be added to the following paragraph 23:

" (23) § 8 in the version of the Federal Law BGBl. I No 147/2009 shall enter into force 1. Jänner 2010 in force. "

Article 8

Amendment of the Law on Carenas

The Carence Money Act, BGBl. I n ° 47/1997, as last amended by the Federal Law BGBl. I No 76/2007, is amended as follows:

1. In § 34 (4), after the expression "in the transmitted sphere of action" the expression "according to the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection" inserted.

(2) The following paragraph 22 is added to § 57:

" (22) § 34 (4) in the version of the Federal Law BGBl. I No 147/2009 shall enter into force 1. Jänner 2010 in force. "

Article 9

Amendment of the Labour Chamber Act 1992

The Labor Chamber Act 1992, BGBl. N ° 626/1991, as last amended by the Federal Constitutional Law BGBl. I n ° 2/2008, shall be amended as follows:

1. § 61 (4) reads:

" (4) The social insurance institutions dealing with the implementation of statutory health insurance have, in the transferred sphere of action, the working-chamber environment for the employees insured with them by the employers (para. 3) or-if the employee himself is obliged to take away the insurance contribution to the statutory health insurance-to be raised by the employee and up to the age of 20. of the calendar month following the deposit, to the competent Chamber of Labour. In this respect, they are subject to the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection. In addition, the provisions on contributions to statutory health insurance are valid for the performance, provision and repayment of the transfer as well as with regard to interest on arrears (§ § 58 to 62, 64, 65 to 69 (1) ASVG). The decision of the Federal Minister of Labour, Social Affairs and Consumer Protection in accordance with § 11 shall be deemed to be a decision within the meaning of Section 69 (1) of the ASVG. "

(2) The following paragraph 14 is added to § 100:

" (14) § 61 (4) in the version of the Federal Law BGBl. I No 147/2009 shall enter into force 1. Jänner 2010 in force. "

Article 10

Change of company employee and self-employment law

The company employee and self-employment pension law, BGBl. No 100/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 135/2009, shall be amended as follows:

1. In the table of contents, after the heading " 6. Part Final Provisions " the phrase "§ 71a WeisungsBinding" inserted.

2. After the heading " 6. Part Final Provisions " the following § 71a and heading is inserted:

" Instruction binding

§ 71a. In accordance with the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection, the insurance institutions and the main association of the Austrian social insurance institutions have the tasks in the transferred sphere of action in accordance with this Federal Act. . In the affairs of Section 27 (4) to (6), the Federal Minister of Labour, Social Affairs and Consumer Protection, and the Federal Minister of Finance, have reached agreement with regard to the instructions. "

(3) The following paragraph 12 is added to § 73:

" (12) The table of contents as well as § 71a together with the title in the version of the Federal Law BGBl. I n ° 147/2009 shall enter into force 1. Jänner 2010 in force. "

Article 11

Amendment of the Federal Nursing Money Act

The Federal Nursing Money Act, BGBl. N ° 110/1993, as last amended by the Federal Law BGBl. I n ° 128/2008, shall be amended as follows:

1. § 34 with headline reads:

" Transmitted impact area

§ 34. (1) The social insurance institutions according to § 22 (1) (1) and (2) shall perform the tasks in accordance with this Federal Act in the transferred sphere of action in accordance with the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection.

(2) The decision-makers in accordance with § 22 (1) Z 7a shall perform the tasks in accordance with this Federal Act in the transferred sphere of action in accordance with the instructions of the Federal Minister of Finance. "

(2) The following paragraph 15 is added to § 49:

" (15) § 34 together with the title in the version of the Federal Law BGBl. I No 147/2009 shall enter into force 1. Jänner 2010 in force. "

Article 12

Amendment of the War Prisoner Compensation Act

The Prisoner of War Prisoners Compensation Act, BGBl. I n ° 142/2000, as last amended by the Federal Law BGBl. I No 89/2006, is hereby amended as follows:

1. § 19 together with the title is:

" Transmitted impact area

§ 19. (1) The social insurance institutions according to § 11 paragraph 1 (1) (1) have the tasks under this Federal Act in the transferred sphere of action to be carried out in accordance with the instructions of the Federal Minister for Labour, Social Affairs and Consumer Protection.

(2) The decision-makers in accordance with § 11 paragraph 1 Z 5 shall carry out the tasks in accordance with this Federal Act in the transferred sphere of action in accordance with the instructions of the Federal Minister of Finance. "

(2) The following paragraph 7 is added to § 23:

" (7) § 19 together with the title in the version of the Federal Law BGBl. I No 147/2009 shall enter into force 1. Jänner 2010 in force. "

Fischer

Faymann