179. Federal Law, with which the Federal Act on hospitals and hospitals, the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act, the Officials-Health and Accident Insurance Act, The Social Security Supplementary Act, the Medical Act 1998 and the Federal Act on the Documentation in the Health Care, as well as a federal law on the quality of health services and a federal law on telematics in the health care system are adopted (Health Reform Act 2005)

The National Council has decided:

Article 1

Federal law amending the Federal Act on Hospital and Spa Authorities (KAKuG-Novelle 2005)

The federal law on hospitals and hospitals, BGBl. No. 1/1957, as last amended by the Federal Law BGBl. I n ° 35/2004, shall be amended as follows:

1. Title

(Basic provisions)

1. § 2a (3), first sentence reads:

" The state legislation can determine that the conditions of paragraph 1 lit. b and c are also fulfilled if the departments or other organizational units provided there are housed separately, provided that these departments or other organizational units are functionally-organizationally connected. "

2. In § 3 paragraph 2 lit. a becomes after the phrase "of a self-employed ambulatory also with regard to the supply offer" the phrase "Ambulances of the above-mentioned hospitals and" inserted.

3. In § 3, the following paragraph 2a is inserted after paragraph 2:

" (2a) If the institution of the sickness fund intends to use the funds under the agreement referred to in Article 15a B-VG on the organisation and financing of the health care system (hereinafter referred to as the institution of the Fondskrankenanstalt), it shall have the following: already in the application for the grant of the granting of the granting of the grant. In this case, in addition to the conditions set out in paragraph 2, the authorization also depends on the fact that the establishment according to the specified application and the prospective range of services offered to the respective State Sickness Service Plan "

4. In § 3 (4), the lit. c and d the name "d" and "e" , lit. a to c are:

" (a)		the authorization for the establishment, as referred to in paragraph 2, and in the case of fund hospitals, has been granted an authorization in accordance with paragraph 2a;
b)		the medical equipment and facilities necessary for the direct operation of the hospital are available, and the plant and all medical equipment and technical equipment are available to the safety and security policy and According to health policy regulations, as well as the requirements of the respective state hospital plan are fulfilled;
c)		the structural quality criteria laid down are met; "

5. In Article 3 (5), the following sentence shall be added after the second sentence:

"The first and second sentences shall apply even if the health insurance institution entrustees third parties with the operation of an ambulatory."

6. § 4 (1) the following sentence is added:

"In the case of fund-related diseases, the authorization shall be granted in particular only if the requirements of the respective national hospital plan and the structural quality criteria laid down are fulfilled."

7. § 10 (1) Z 4 reads:

" 4.		the courts and administrative authorities in matters in which the state of health is relevant to a decision or a public interest decision, and the social security institutions and bodies of National Health Fund within the meaning of the agreement referred to in Article 15a B-VG on the organisation and financing of the health care system, or Copies of medical treatment and medical care shall be provided free of charge by such experts as they are required to carry out these tasks, as well as introductory or continuing doctors or hospitals. to submit comments on the state of health of Pfleglingen; "

8. § 10a (1) reads:

" (1) The national legislation has to oblige the state government to enact a national health care plan for fund hospitals by means of a regulation which is within the scope of the Austrian hospital plan including the Large-scale device planes or of the Austrian structural plan for health (hereinafter referred to as the "ÖSG"). "

9. § 11 para. 2 reads:

" (2) hospitals that receive contributions to the demise of operations or to the expense of the establishment (§ 34) or payments from the State Health Fund (§ 27b) are subject to the economic supervision by the state government and the building control by the Court of Auditors The national legislation may provide for the economic supervision to be carried out by the State Health Fund. "

10. In § 11 para. 4, the quote shall be "§ 148 Z 7 ASVG" by "§ 148 Z 10 ASVG" replaced.

11. § 16 para. 1 lit. e is:

" e)			LKF-Fees according to § 27 (1) for the same services of the hospital or the care fees for all Pfleglinge of the same fee class, at most under cover of an outline in departments and other bed-leading Organisational units or care groups for acute patients and long-term treatment (§ 6 para. 1 lit. (a) and day-to-day or night-time operation as well as the semi-stationary sector (§ 6 para. 1 lit. (b) are fixed at the same level (§ 28); "

12. In Article 24 (2), the following sentence shall be inserted after the second sentence:

"If necessary, it is necessary to obtain the authorization of the principal and supervisory service of the health insurance institutions."

13. In § 26, the following paragraph 3 is added:

" (3) The institutions may also comply with their obligation under para. 1 by agreement with other legal entities of hospitals, with group practices or other forms of medical cooperation. In particular, it shall be ensured that all relevant provisions of this Federal Law are complied with. Such contracts must be approved by the State Government. "

14. § 27 together with the headline is:

" LKF Fee; Care and Special Fees

§ 27. (1) With the LKF fees or the care fees of the general fee class, all benefits of the hospital are covered, without prejudice to the provisions of Section 2 and § 27a.

(2) The costs of the transport of the deposit to and from the hospital, the provision of a dental prosthesis, provided that it is not related to the treatment carried out in the hospital, the orthopaedic contribution Aids (body replacement parts)-insofar as they do not constitute therapeutic treatment-but also the costs of burial of a deceased person in the hospital are not included in the LKF fees or the care fees. The same applies to additional services which are not related to the medical services and are provided at the express request of the pledge.

(3) Deposits resulting from the establishment, reorganization or extension of the institution, depreciation and amortization of the value of the real estate as well as pensions and the additional clinical expenses (§ 55) may be used to calculate the value of the euro per LKF point as The basis for the calculation of the LKF fees as well as the calculation of the care fees are not based on the basis.

(4) State legislation shall be determined by:

1.		whether and what further charges in the special class can be raised in addition to the LKF fees or the care fees;
2.		whether and what payment can be made for the case-by-case assistance by a midwife not employed in the hospital;
3.		whether and to what extent contributions are to be made for outpatient treatment, provided that these benefits are not paid out by the State Health Fund;
4.		to what extent and in what way the costs of the expenses referred to in paragraph 2 can be raised, with the exception of the costs of extended health care and funeral services.

(5) A charge other than the statutory remuneration (para. 1 to including 4, § § 27a and 46) may not be raised by peacemers or their relatives.

(6) In the cases of § 23 (2), first sentence, the LKF fees or the care fees are invoied only for one person. In addition, in the general fee category accompanying persons may be obliged to pay a fee up to the amount of the costs incurred by their accommodation in the hospital. "

15. According to § 27a, the following § 27b with title is inserted:

" State Health Fund

§ 27b. (1) The services provided to persons insured with social security in fund hospitals are to be deducted from the State Health Fund, with the exception of special charges pursuant to § 27 (4). The national legislation may provide that benefits provided for non-socially insured pests in fund hospitals are also deducted from the State Health Fund.

(2) Services provided by the fund hospitals which are provided to persons in need of an event are to be deducted via the State Health Fund in a performance-oriented way by means of LKF fee rates to be determined in accordance with the following principles:

1.		In the LKF core area, the LKF points for the individual pflegling are determined on the basis of the uniform system of performance-oriented diagnostic case groups, including the punctiform system in the current version, on the basis of the Austria-wide uniform system of the power-oriented diagnostic case groups.
2.		Within the scope of the LKF control area, the performance-oriented allocation of funds from the State Health Fund can take into account special health care functions of certain hospitals. As special supply functions within the scope of the LKF settlement, the following are valid:
a)			Central supply,
b)			Priority supply,
c)			Hospitals with special technical care functions and
d)			Hospitals with special regional supply functions.
When assigning to the service levels, the supply functions of individual departments are also to be taken into account in accordance with their number and structure.

(3) Until the introduction of a nationwide uniform accounting system for the outpatient sector, the state legislation must determine the form in which outpatient services are provided at the Pfleglingen in accordance with para. 1 and benefits in the side-of-the-charge area be paid off by the State Health Fund. This can also be transferred to the State Health Fund by means of the national legislation.

(4) In the framework of the State Health Fund, the provision of funds for compensatory payments may be provided for.

(5) The compliance with the objectives of the Austrian Health Care Plan, including the large-scale equipment plan or of the ÖSG replacing it and the compliance with the respective state health care plan and the fulfilment of the obligation to documentation on the basis of the Federal Act on Documentation in the Health Care, BGBl. No 745/1996, as last amended by BGBl. I No 144/2003, is a prerequisite for the institution of the sickness institution to receive funds on the basis of the agreement referred to in Article 15a B-VG on the organisation and financing of the health care system. "

16. § 28 reads:

" § 28. (1) The Eurovalue per LKF point as the basis for the determination of the LKF fees, the care fees and any special fees (§ 27 (4)) are provided by the legal entity of the hospital for the estimates and for the financial statements under To determine the costs in accordance with § 27 (3). The LKF fees are determined as the product of the LKF points determined for the individual Pflegling with the Eurovalue per LKF point established by the Land Government. If LKF fees are to be charged, the uniform system of performance-oriented diagnostic case groups, including the punctuation system, is to be made available in an appropriate manner throughout Austria. The Eurovalue for the LKF charges for each LKF point, the care fees and special charges are from the state government, taking into account the equipment and furnishings as defined by the function of the hospital. , and to set the proper and economic structure and make it available in the State Law Gazprom. The cost-covering Eurovalue, the cost-covering care fees and special fees, are also included in this customer service.

(2) The Land legislation has for all public and pursuant to § 16 non-profit-making private hospitals, which are not fund hospitals, as well as for those patient groups in fund hospitals that do not have the State Health Fund. , to determine whether the services of the general fee category are to be paid by LKF fees or care fees.

(3) In the case of a number of public hospitals in the area of a municipality in which they are equipped, set up and functioning, the LKF fees, the care fees and any special charges shall be fixed in a uniform manner for these institutions.

(4) The LKF fees, the care fees and any special fees of a public hospital not managed by a local authority may not be lower than the LKF fees, the care-and any special charges the nearest public health institution operated by a local authority with similar or equivalent facilities as required by the function of this hospital. The state government is responsible for the determination of the similarity or approximate equivalence.

(5) In the cases of funeral or assessment in accordance with § 22 para. 3, second half-sentence, the LKF fees or the care fees are to be paid in full by the institutions of the social security insurance. "

17. § 29 reads:

" § 29. (1) By means of the national legislation, the admission of persons who do not have a residence in the Federal territory and which are subject to the expected LKF fees or care (special) fees as well as cost contributions or the foreseeable actual treatment costs within the meaning of paragraph 2 shall not be replaced or shall be ensured, in the case of the cases of unreptitibility (section 22 (4)).

(2) Weiters can determine the national legislation that the provincial government, in the case of the admission of foreign nationals, instead of the LKF fees or care (special) fees as well as cost contributions, the payment of the treatment costs actually increasing can be provided. This shall not apply to:

1.		Cases of non-compliance (Section 22 (4)), provided that they have occurred domestiy,
2.		Refugees in the sense of the Asylum Act 1997, BGBl. I n ° 76/1997, as last amended by the BGBl agreement. I n ° 105/2003, and asylum seekers who have been granted a provisional residence permit under the 1997 Asylum Act,
3.		Persons who are compulsorily insured in Austria in a statutory health insurance or pay contributions to such health insurance, as well as persons who are insured under the social insurance legislation in the health insurance as members of the family,
4.		persons assigned to a social security institution for the purpose of providing benefits in kind under the legislation which it administers under national or national law on social security, and
5.		Persons who are nationals of Contracting Parties to the Agreement on the European Economic Area (EEA Agreement). "

18. § 30 together with headline reads:

" introduction of LKF fees, care (special) fees and cost contributions

§ 30. (1) Rules relating to the introduction of LKF fees or care (special) fees and cost contributions (§ 27a), in particular on the procedure for the deposit in the event of a reserve against the pledge itself, on the assertion to third parties Persons and the calculation of charges for accompanying persons of Pfleglingen (§ 27 para. 6 second sentence) are to be enacted by the state legislation.

(2) The national legislation may stipulate that an advance payment on the LKF fee to be expected or an advance payment of the care (special) fees for a maximum of 30 days in each case and the cost contributions for at most a maximum of 30 days for each of the payment-capable pawnlings can be made. 28 days in advance must be paid.

(3) In the regulations to be adopted pursuant to paragraph 1 of the national legislation, it should, in any case, be determined that, due to the fact that public hospitals have residue expels for LKF fees or care (special) fees and costs contributions to paralesmen enforcement shall be admissible in the administrative procedure if the enforceability is confirmed by the district administrative authority. "

19. § 32 reads:

" § 32. The LKF fees or care (special) fees and cost contributions are due on the day of the pre-registration. Statutory default interest rates can be charged after six weeks from the due date. "

20. § 34 reads:

" § 34. (1) The national legislation shall require that, in the case of the formation of contribution districts and hospitals, in accordance with § 33, the total operating loss resulting from the operating and maintenance costs in relation to the revenue is to be found in a to certain relationships between the legal entity of the hospital, the county, the hospital and the federal state. In this connection, the shares of the contribution district, the hospital and the federal state shall be determined in such a way that together they cover at least half of the operating cycle.

(2) In the case of hospitals operated by a federal state, in agreement with the municipality in whose territory the hospital is located (parish), it may be determined that this municipality shall replace the legal entity.

(3) The national legislation may provide that the funds be distributed to cover the operating process by the State Health Fund. "

21. § 35 (2) last sentence reads:

"In the case of a fund, the provincial government has to inform the Federal Ministry of Health and Women of the facts."

22. The following sentence shall be added to § 42:

"The Federal Health Agency (§ § 56a et seq.) shall also be announced without delay of the approval and the withdrawal of authorisations and their withdrawal."

Title

(Federal Law Applicable directly)

1. § 48 reads:

" § 48. If the illness which led to the treatment of the pledge is due to a fault for which a third party is liable according to statutory regulations, the claim for damages, which is based on the principle of healing costs, is the result of a third party's liability. , up to the amount of LKF fees or care fees which have not yet been paid, on the legal carrier of the hospital. "

2. § 55 Z 3 reads:

" 3.		Care fees of the general fee class or the costs actually incurred as a result of the accommodation for persons employed for teaching purposes within the meaning of § 43. "

3. In accordance with § 56, the following § 56a and title shall be inserted:

" Federal Health Agency

§ 56a. In order to carry out the tasks within the meaning of the following provisions, the Federal Ministry of Health and Women shall establish the Federal Health Agency as a fund with its own legal personality. "

4. The § § 57 to 59a are:

" § 57. (1) In accordance with § 56a, the Federal Health Agency has the following resources for the financing of public hospitals pursuant to § 2 (1) Z 1 and 2 with the exception of nursing departments in public hospitals for psychiatry. and private hospitals of the kind referred to in § 2 (1) (1) (1) (1), which according to § 16 are non-profit-making hospitals, to be granted:

1.		1.416% of the revenue tax in the year in question after deduction of the revenue tax in accordance with Section 8 (2) (1) (1) of the 2005 Finance Equalization Act, BGBl. I n ° 156/2004;
2.		EUR 31.426.240.71;
3.		127,000,000.00 Euro.

(2) The main association of the Austrian social insurance institutions makes an annual average of 83,573,759.29 euros for the account of the social insurance institutions which are combined in it to the Federal Health Agency according to § 56a.

(3) The Federal Health Agency shall make the following contributions to the State Health Fund for the financing of the hospitals referred to in paragraph 1 each year:

1.		1.416% of the revenue tax in the year in question after deduction of the revenue tax in accordance with Section 8 (2) (1) (1) of the 2005 Finance Equalization Act, BGBl. I n ° 156/2004;
2.		24,000,000.00 Euro;
3.		91.000.000,00 Euro;
4.		EUR 127,000,000.00 in accordance with § 59d and after deduction of funds for the promotion of transplantation, the funding for projects and planning, funds for essential preventive programmes and treatment measures of Supraregional importance (e.g. comprehensive quality-based and systematic mammography screening programme, molecular genetic analysis for the identification of families with hereditary breast and ovarian cancer, identification of congenital mutilation) Metabolic disorders in infants and measures concerning epidermolysis bullosa) and any funds for the administration of the state abroad.

§ 58. (1) The funds in accordance with § 57 (1) (1) (1) are effective 1. January 2005 for the respective budget year in monthly advances, the amount of which is determined by the provisions on the calculation of the advances on the income shares of the countries in the turnover tax, to the Federal Health Agency a week before To transfer the statutory dates of advance payments to the income shares of the countries in the Community federal charges. In the context of the settlement of the advances, the interim settlement and the final settlement have on the income shares in the Community federal levies in accordance with Section 12 (1) FAG 2005, BGBl. I No 156/2004. The resulting surpluses or assets of the Federal Health Agency shall be compensated for.

(2) The funds in accordance with § 57 (1) (2) are to be transferred to the Federal Health Agency in four equally high partial amounts each one week before the end of each calendar quarter.

(3) The funds in accordance with § 57 (1) Z 3 are in four equal amounts in each case on 15 April, 15 July, 15 July, 15 July, 15 July. October and 15. To transfer January of the following year to the Federal Health Agency.

(4) The funds in accordance with § 57 (2) shall be transferred to the Federal Health Agency in four equally high partial amounts each on 25 March, 25 June, 25 September and 25 December.

§ 59. (1) The funds in accordance with Section 57 (3) (1) and (2) shall be allocated to the State Health Fund according to the following hundred-year ratio:

Burgenland	2,572
Carinthia	6,897
Lower Austria	14,451
Upper Austria	13,692
Salzburg	6,429
Steiermark	12,884
Tyrol	7,982
Vorarlberg	3,717
Vienna	31,376

(2) The funds in accordance with § 57 (3) Z 1 shall be effective 1. January 2005 for the respective budget year in monthly advances, the amount of which is based on the provisions on the calculation of advances on the income shares of the countries in the turnover tax, to the State Health Fund for the statutory To transfer the dates of the advance payments to the income shares of the countries in the Community federal charges. In the context of the settlement of the advances, the interim settlement and the final settlement have on the income shares in the Community federal levies in accordance with Section 12 (1) FAG 2005, BGBl. I No 156/2004. The resulting surpluses or assets of the State Health Funds shall be compensated for.

(3) The funds in accordance with § 57 (3) Z 2 shall be transferred to the State Health Fund in four equally high instalation amounts at the end of each calendar quarter.

(4) The funds in accordance with Section 57 (3) (3) shall be divided into the State Health Fund according to the following hundred-year ratio:

Burgenland	2,559
Carinthia	6,867
Lower Austria	14,406
Upper Austria	13,677
Salzburg	6,443
Steiermark	12,869
Tyrol	8,006
Vorarlberg	3,708
Vienna	31,465

(5) This appropriation is to be transferred to the State Health Fund at the end of each calendar quarter in four equally high instalation amounts.

(6) The funds of the Federal Health Agency pursuant to Section 57 (3) (4) are to be divided in accordance with the following provisions:

1.		First of all, from the 127,000,000.00 Euro per year Vorweganteile are to be drawn off and distributed as follows:
a)			3.630.000,00 Euro for the Landeshealthfonds Oberösterreich
b)			4,360,000.00 Euro for the Landeshealthfonds Steiermark
c)			3,630.000,00 Euro for the Landeshealthfonds Tirol.
2.		Then, of the remaining 115,380,000.00 euros, the funding for the funding of the transplant system is 2.9 million. Euro annually, the funding for projects and planning and structural reforms to the extent of € 3.5 million. Euro annually, the funding to finance further projects and planning, and for essential preventive programmes and treatment measures of over-regional importance to the extent of € 3.5 million. To withdraw from the Federal Health Agency and to use it in accordance with § 59d and § 59e. Furthermore, the amount to be deducted from the remaining amount shall be deducted annually from any funds to be used for the administration of the state of the country and pursuant to Article 39 (2) of the Agreement in accordance with Art. 15a B-VG on the organisation and financing of the health care system to use.
3.		The funds remaining after the deduction in accordance with Z 2 shall be based on the number of people determined in accordance with the results of the 2001 ordinary census carried out by the Federal Statistical Office of Austria, the corresponding figures being determined by the corresponding figures. Hundreds of records on three commades are to be calculated in a commercial manner, to be transferred to the State Health Fund in accordance with § 59c.
4.		In the extent of the country quotas in accordance with Z 3, the Federal Health Agency's assets receivable and, at most, in a financial year are not used funds for the promotion of the transplant system, for projects and planning as well as for essential To allocate pension schemes and treatment measures of superregional importance to the individual State Health Funds.

(7) The funds referred to in paragraph 6 (1) and (3) shall be in four equally high partial amounts each on 20 April, 20 July, 20 July, 20 April, 20 April, 20 July. October and 20. Jänner, where the first instalment is due on 20 April 2005, to transfer to the State Health Fund, provided that the conditions of § 59c are fulfilled.

§ 59a. (1) The Federal Health Agency has the following tasks within the framework of the planning, management and financing of the health system in Austria, taking into account macroeconomic effects as well as regional and country-specific requirements to the following

1.		Elaboration of quality guidelines for the provision of health services,
2.		Preparation of guidelines for the transparent presentation of the full budgeting and the financial statements of the hospitals and/or Associations of hospitals and guidelines for the transparent presentation of the estimates and financial statements of the social security system for the extramural sector,
3.		Performance planning as a framework for the provision of health services in all sectors of the health sector, taking into account the quality requirements in accordance with Z 1, and the development of appropriate forms of cooperation between Performers,
4.		Development and further development of performance-oriented remuneration systems (results-oriented, paused and covered), taking into account all health care areas,
5.		Elaboration of guidelines for a nationwide, all health-care sector comprehensive documentation, as well as further development of a documentation and information system for health analysis for the observation of developments in the Austrian healthcare, with particular attention being paid to gender differentiation,
6.		Framework requirements for the management of the interface between the various sectors of the health sector,
7.		Participation in the health telematics and electronic health records (ELGA),
8.		development of projects for health promotion,
9.		Elaboration of guidelines for the area of cooperation (reform pool) in accordance with Article 26 of the agreement under Art. 15a B-VG on the organisation and financing of the health care system,
10.		Guidelines for the use of earmarked funds from the Federal Health Agency,
11.		Preparation of the proposal and of the clearance of accounts and
12.		Evaluation of the tasks carried out by the Federal Health Agency.

(2) In the performance of the tasks, the Federal Health Agency must in particular ensure that a high-quality, effective and efficient, all freely accessible and equivalent health care in Austria is ensured and The financial sustainability of the Austrian health care system, taking into account the financial conditions and possible cost-containment measures, is secured. "

5. According to § 59a, the following § § 59b to 59i are to be inserted:

" § 59b. Federal government bodies and representatives of the Federal Health Agency can inspect the medical histories and the documents relating to the management of the hospitals, as well as surveys of the organization of the organization and the organization of the health insurance company. Carry out operations of the hospitals to the extent that this is necessary for the performance of the tasks assigned to them, and if they are Fondskrankenanstalten.

§ 59c. In the case of significant violations of established plans (e.g. hospital plan including a large-scale plan or plan) ÖSG) and guidelines in connection with quality or documentation (e.g. the Federal Act on Documentation in Health Care, BGBl. No 745/1996, as last amended by BGBl. No 144/2003), the Federal Health Agency has to withhold the corresponding share of the country in accordance with Section 57 (3) (4) until the State Health Fund has been shown to be responsible for the production of the provisions of this Agreement has taken the necessary measures.

§ 59d. (1) The Federal Health Agency has the means to promote the transplant system (Section 59 (6) (2)) to achieve the following objectives:

1.		In the area of organ donation, the continuity of donor and donor volumes is to be ensured at a high level. In addition, an increase in the number of organ donors is to be sought (to approx. 30 organ donors per million EW).
2.		In the area of stem cell transplant systems, care should be taken to ensure that donors are registered and available in sufficient numbers. The procedure as well as the cooperation of all institutions involved in donors/donors and patients has to be done as safely and effectively as possible. The determination as to whether the national donor volume should be regarded as sufficient is the responsibility of the transplant advisory board (area of stem cell donation) set up by the ÖBIG.

(2) The Federal Health Agency has the funding for the promotion of transplantation (§ 59 para. 6 Z 2) to the service providers

1.		in the field of organ donation and
2.		the area of stem cell donation
in accordance with paragraphs 3 to 5.

(3) The funds for the promotion of transplantation (Section 59 (6) (2)) shall be used in order to achieve the objectives set out in paragraph 1 of this Article, in accordance with the following provisions:

1.		In the field of organ donation, the following measures shall in particular be carried out:
a)			Dedicated, flat-rate funding to the donor-care hospitals and/or the department concerned;
b)			Establishment and administration "Regional transplant referees" and/or regional funding programmes, with the central task of making direct contact with the intensive units in order to increase the willingness to submit a donor report;
c)			Dedicated, flat-rate support for the use of transplant coordinators in transplant centres;
d)			Promotion of the establishment of mobile brain death diagnostic teams as well as appropriate measures in the field of federal brain death diagnostics, which corresponds to the respective state of science;
e)			the promotion of transport in connection with the production of organs;
f)			Means for covering the expenses of ÖBIG-Transplant (organ donation area).
2.		In the area of stem cell donation, the following measures shall be carried out in particular:
a)			Promotion of the HLA-typification. The number of HLA-Typizations to be funded annually and their allocation to the appropriate service providers are to be determined annually in advance on expert proposal from the ÖBIG transplant advisory board (area of stem cell donation);
b)			Promotion of the search and support of stem cell donors;
c)			Means for covering the expenses of ÖBIG-Transplant (area of stem cell donation).
3.		On a proposal from the Transplant Advisory Board established in the ÖBIG (for the relevant area), the funding provider may decide to use the funds for measures other than those mentioned under Z 1 and 2.
4.		The settlement of the contribution benefits shall be made by 30 June of the following year. Any unused funds should be transferred to the individual national health funds in accordance with the national census in 2001.

(4) In the Federal Health Commission, guidelines on the use of funds for the promotion of transplant are adopted.

(5) The annual allocation of funds is to be documented in an annual accounts and evaluated in terms of efficiency.

§ 59e. (1) In order to finance further projects and planning, as well as for essential preventive programmes and treatment measures with a superregional importance (e.g. comprehensive quality-based and systematic mammography screening programme), Molecular genetic analysis for the identification of families with hereditary breast and ovarian cancer, identification of congenital metabolic diseases in infants and measures concerning epidermolysis bullosa) may be used by the Federal Health Agency no more than € 3.5 million Euro is used annually.

(2) In case of need, the Federal Health Commission has to adopt directives on the use of these funds.

(3) The use of the funds referred to in paragraph 1 shall be determined in the Federal Health Commission in agreement with the Länder and the Main Association of Austrian Social Security Institutions.

(4) The invoicing of contributions shall be made by 30 June of the following year. Any unused funds should be transferred to the individual national health funds in accordance with the national census in 2001.

§ 59f. The use of funds to be allocated for the financing of projects and planning in accordance with § 59 (6) (2) (2) (max. 3.5 million) The Federal Health Agency (Bundeshealthsagentur) decides.

§ 59g. (1) The Federal Health Agency's body is the Federal Health Commission.

(2) The Federal Health Commission consists of 27 members, who are to be ordered in accordance with the following provisions:

1.		Seven members are appointed by the Federal Government;
2.		one member appoints each country;
3.		six members appointed by the main association of Austrian social insurance institutions;
4.		Each member shall appoint a representative of the interests of the cities and of the municipalities;
5.		a member appoints the Austrian Bishops ' Conference together with the Evangelical Oberkirchenrat;
6.		A joint member shall appoint the patient representatives;
7.		one member appoints the Austrian Medical Association;
8.		for each of the members of the Federal Health Commission appointed in this way, a permanent, voting replacement member can be appointed. In addition, a representation by proxy is possible in individual cases.

(3) Member of the Federal Health Commission may only be who is eligible for the National Council.

(4) If the appointment of members of the Federal Health Commission is necessary, the Federal Ministry of Health and Women has to request in writing the posts to be taken into consideration in accordance with paragraph 2. If the persons entitled to appoint members of the Federal Health Commission make no use of this right and do not appoint any members, the non-appointed members shall remain responsible for the determination of the quorum of the Federal Health Commission.

(5) The Federal Health Commission is chaired by the Federal Minister for Health, or the Federal Minister responsible for the health sector, or, if these agendas are by the Federal Minister of Health or Public Health. the Federal Minister, a Secretary of State or of a Secretary of State for self-employed concern, this or to lead them. Is the Federal Minister responsible, or the competent Federal Minister, or in the case of the transfer of the the Secretary of State responsible for self-employed errands, Secretary of State prevents the chair from running, the competent Federal Minister or Minister of State, respectively, the competent Federal Minister, a representative or to entrust a representative of the senior staff of the Federal Ministry of Health and Women with the chairmanship of the Federal Health Commission.

(6) The Federal Health Commission shall have its own rules of procedure itself.

(7) The Federal Health Agency's operations are carried out by the Federal Ministry of Health and Women.

(8) The decisions of the Federal Health Commission shall be taken by a simple majority of the votes, with the members appointed by the Federal Government each having three votes. In the case of resolutions, except in the case of matters pursuant to Section 59a (1) (10), provided that the funding for projects and planning is in accordance with § 59f, and Section 59a (1) (11)-an agreement with the Länder and the The main association of Austrian social insurance institutions is required.

§ 59h. The Federal Health Agency's building is subject to control by the Court of Auditors.

§ 59i. (1) The Federal Health Agency is exempt from all charges, with the exception of court and judicial administration fees.

(2) The documents issued by the Federal Health Agency in the immediate fulfilment of its duties and the legal transactions completed by it shall be exempt from the stamp and legal fees.

(3) The financial services of the Federal Health Agency to the State Health Fund and the funds according to § § 59d and 59e are not subject to the sales tax or the taxes on income and assets. "

6. § 64 reads:

" § 64. The legal entities of public hospitals are exempted from the stamp and legal fees with regard to all entries, supplements, written copies and legal documents occurring within the framework of this Federal Act. The cost contributions (§ 27a) to be paid by the Pfleglingen are not a fee within the meaning of the VAT Act. The State Health Fund shall be exempt from all charges regulated by the federal law, with the exception of judicial and judicial administrative charges. "

7. § 67 (2) reads:

" (2) With the enforcement

1.		§ § 43 and 44 is the Federal Minister for Education, Science and Culture,
2.		§ 46 is the Federal Minister of Education, Science and Culture in agreement with the Federal Minister of Finance,
3.		§ § 48 and 50 is the Federal Minister of Justice,
4.		§ § 55 to 59h is the Federal Minister for Health and Women in agreement with the Federal Minister of Finance,
5.		§ § 59i and 64 is the Federal Minister of Finance and
6.		is, moreover, with regard to the second part of the Federal Minister for Health and Women
"

Title

(1) The assets of the KAG-Novelle 2000, BGBl. I n ° 5/2001, the Structural Funds, with all rights and liabilities, are based on the Federal Health Agency established by § § 56a et seq. of this Federal Law. Decisions taken with the KAG-Novelle 2000, BGBl. No 5/2001, the Commission's structural commission (§ 59f) and its derived rights and liabilities remain in place, unless the Federal Health Commission, which is to be set up pursuant to Section 59g (1) of this Federal Law, does not decide to counter anything. Until the establishment of the Federal Health Commission pursuant to Section 59g (1), the tasks of the Federal Health Commission are to be taken into account by the KAG-Novelle 2000, BGBl. I No 5/2001, established by the Structural Commission.

(2) The country legislation has the implementing provisions for the first time. Title in accordance with paragraph 2 within six months of the date of adoption and 1. Jänner 2005 in force.

(3) Until the end of December 31, 2005, the LKF control area is subject to § 27b (2) (2) (2) and (3) as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 5/2001. Until the establishment of State Health Funds by the Länder, the Landesfonds will carry out the tasks and functions of the State Health Fund.

(4) The exercise of the rights of the Confederation in accordance with Art. 15 (8) B-VG with regard to the 1. Titels is the Federal Minister for Health and Women.

(5) The second title shall be 1. Jänner 2005 in force.

(6) The Federal Minister for Health and Women is responsible for the enforcement of the second title.

Article 2

Federal law amending the General Social Security Act

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 171/2004, shall be amended as follows:

1. In the first part, Section V, a seventh subsection, together with the heading, is inserted in accordance with § 84:

" 7. SUBSECTION

Involvement of social security in the planning and management of health care

Principles

§ 84a. (1) In order to ensure the sustainable provision of care for the insured, the main association and the social security institutions, with the inclusion of scientific (in particular health-economic) findings, have become involved in a region-and cross-sectoral planning, governance and financing of the health sector. The main association and the social insurance institutions have the coordinated results (eg Austrian structural plan health) in their administrative actions and in the planning and implementation of the care of the insured with the aim of a optimise the use of funds by means of coordinated action.

(2) The main association has to send representatives to the Federal Health Commission of the Federal Health Agency.

(3) The locally responsible regional health insurance fund has to send representatives to the health platform of the respective State Health Fund; in this case, it also has to take care of the interests of the occupational health insurance funds. The Insurance Institution for Railways and Mining, the General Accident Insurance Institution, the Pension Insurance Institution, the Social Insurance Institute of the Industrial Economy, the Social Insurance Institution of the Farmers and the Insurance institution for public servants has representatives to send representatives to the health platforms of the State Health Fund. In view of the number of representatives of the country in the respective health care platform, the social insurance institutions have to send their representatives together, with the protection of the representatives of the social insurance institutions from the Self-governing rights must be respected.

(4) Social insurance institutions have contributed to the reform pool (§ 59a paragraph 1 Z 9 KAKuG) for measures to shift performance through joint structural changes or related projects in the intra-and extramural sector within the framework of the National Health Fund, if necessary (Article 26 (2) of the Agreement, in accordance with Article 15a B-VG on the organisation and financing of the health sector) to transfer the necessary funds.

(5) The social insurance institutions are obliged to provide the Federal Health Agency and the State Health Fund with pseudonymised diagnostic and performance data from the area of contract medical care in a standardized and encrypted form. Form the form. In addition, the main association and the social security institutions are obliged to provide the Federal Health Agency and the State Health Fund with the data necessary for the performance of their tasks in an anonymized form on request. , In order to ensure compliance with the data protection regulations, all data must be sent to the Federal Health Agency and the State Health Fund via a data pseudonymisation point established at the Main Association prior to the transmission to the Federal Health Agency. flow.

Seam Management

§ 84b. The Federal Minister for Health and Women can, in order to ensure a medical science treatment process, provide a medical treatment for the transition between a nursing care and a medical treatment. specify criteria which, in compliance with economic principles and the requirements of uniform quality assurance, include in particular:

1.		the exchange of information on medical treatment data,
2.		the responsible service providers and
3.		the determination of suitable coordination forms for the entire treatment process of a clinical picture.

2. In the title of § 144, the term " "Landesfonds" by the expression "State Health Fund" replaced.

3. In § 144 (1), the expression "Landesfonds" by the expression "State Health Fund" and "Landesfondsfinanced Krankenanstalt" by the expression "Landeshealthfondsfinanced Krankenanstalt" replaced.

4. In the heading to § 145, the expression "Landesfonds" by the expression "State Health Fund" replaced.

5. In § 145 (1) and (2), the expression "Landesfondsfinanced Krankenanstalt" by the expression "Landeshealthfondsfinanced Krankenanstalt" replaced.

6. (Determination of the principles) § 148 with headline reads:

" Relations with hospitals financed by the State Health Fund

§ 148. (Policy determination) The relationship between the insurance institutions and the legal entities of hospitals financed by the State Health Fund in accordance with Article 14 of the Agreement under Article 15a B-VG on the organisation and financing of the health care system shall be established in accordance with Article 12 (1) (1) (B)-VG shall be regulated in accordance with the following principles:

1.		The hospitals are obliged to include the patients who have been instructed in accordance with § 145 in the general fee category.
2.		The payments due to the hospitals according to § 27b of the Federal Law on hospitals and hospitals (KAKuG) are to be paid entirely by the State Health Fund.
3.		All services provided by hospitals, in particular in the stationary, semi-stationary, daily clinical and hospital-related areas, including the benefits resulting from medical progress, shall be covered by the following payments:
a)			LKF fee rates of the State Health Fund according to § 27b (2) KAKuG,
b)			Payments made by the State Health Fund pursuant to Section 27b (3) KAKuG,
c)			Cost contributions according to § 27a KAKuG,
d)			Compensatory payments according to § 27b (4) KAKuG.
		Benefits are excluded from the parent-child-passport examinations, in agreement between the main association and the countries concerned (Art. 20 of the agreement in accordance with Art. 15a B-VG on the organisation and financing of the health care system) and the services referred to in § 27 (2) KAKuG.
4.		The cost contribution according to § 447f (7) is to be raised by the sickness institution for the account of the State Health Fund.
5.		The insurance institutions have the following rights in relation to the legal entity of the hospital without the inclusion of the State Health Fund:
a)			the right of access to all documents of the hospital (e.g. medical history, radiographs, findings) relating to the case of illness;
b)			the right to obtain copies of these documents (§ 10 paragraph 1 Z 4 KAKuG);
c)			the right to allow the patient to be examined by a medical specialist in the hospital, in agreement with the patient;
d)			the right to obtain copies of all documents by electronic means on the basis of which payments from a State Health Fund or from another institution are to be deducted for the benefit of a hospital (in particular, admission notice and The right to submit data on the provision of services to the patient on the basis of the data provided by the Commission, including the diagnosis, the declaration of assurance, the accounting data), the relevant statistics, and the right to communicate data on the provision of services to the patient. LKF/LDF systems; however, these rights can only be used in relation to a Sickness institution shall be claimed if such documents or documents have been submitted. Data shall not be made available by the State Health Fund within a reasonable period of time.
6.		The entire data exchange between hospitals and insurance providers for the inpatient and outpatient sector is to be carried out electronically, whereby the record structures and code lists are to be designed in a uniform way nationwide.
7.		The insurance institutions have the right to be informed about the established provisional and final point values by the State Health Fund.
8.		In the case of performance accounting with regard to hospitals and in proceedings before the courts and administrative authorities, which relate to the settlement of payments in accordance with Section 27b of the KAKuG with regard to the legal entities of the hospitals, the respective National Health Fund as an insurance institution. However, the State Health Fund can only take legal action in agreement with the main body, which would increase the cost of the insurance institutions. This agreement can only be made legally in writing.
9.		If benefits are granted in accordance with Z 3, the legal entity of the hospital or the State Health Fund shall not be entitled to the insured person, to the patient, to the patient or to the persons responsible for him/her for the benefit of the Counter-benefits, except for the purpose of the cost contribution according to § 27a KAKuG and the cost contribution according to § 447f (7).
10.		The relationships of the insurance institutions to the hospitals are governed by private-law contracts. Claims for payments cannot be legally justified by these contracts, unless they are benefits according to the second sentence of Z 3. The contracts shall be concluded between the main body in agreement with the relevant insurance institutions, on the one hand, and the legal entity of the hospital, on the other hand, in agreement with the competent State Health Fund. These contracts shall be valid only if they have been concluded in writing. "

Section 149 (3), second to fourth sentence, reads:

" This amount is to be transferred to the fund established under the Private Sickness Fund Act. The fund has to be deducted from the services provided by the hospitals in accordance with the principles of § 27b KAKuG. § 148 Z 8 shall apply mutatily to the Fund. "

8. In § 150 (1) (1) (1), the expression "National Fund financed" by the expression "National Health Fund-financed" replaced.

9. (Determination of the principles) § 189 (3) reads:

" (3) (Policy determination) According to Art. 12 (1) Z 1 B-VG, the principle that the accident insurance institutions are equal to the health insurance institutions within the framework of the relations with the national health fund-financed hospitals within the framework of the relations with the State Health Fund financed by § 148. "

10. (Determination of the principles) § 302 para. 3 reads:

" (3) (Policy determination) According to Art. 12 (1) Z 1 B-VG, the principle that the accident insurance institutions are equal to the health insurance institutions within the framework of the relations with the national health fund-financed hospitals within the framework of the relations with the State Health Fund financed by § 148. "

11. In § 322a (1), the expression "Agreement in accordance with Art. 15a B-VG on the restructuring of the health care system and the financing of hospitals" by the expression "Agreement in accordance with Art. 15a B-VG on the organisation and financing of the health care system" replaced.

(12) In § 322a (2) fifth sentence, the expression "2004" by the expression "2008" replaced.

13. In § 322a (4), second sentence, the expression "2004" by the expression "2008" replaced.

14. In § 332, para. 1, second and third sentence, the expression "Landesfonds" by the expression "State Health Fund" replaced.

Section 590 (5) is repealed.

16. In § 609 (7), the point at the end of Z 9 shall be replaced by an accrual; the following Z 10 shall be added:

" 10.		the expenses incurred in connection with the establishment and management of a data pseudonym in accordance with Section 84a (5). "

17. The following § 621, together with the title, is added to § 620:

" Final provisions on Art. 2 of the Federal Law BGBl. I No 179/2004

§ 621. (1) The seventh subsection, together with the title in section V of the First Part, the title to section 144, section 144 (1), the title to § 145, § 145 (1) and (2), 148 and the title, 149 (3), 150 (1) Z 1, 189 (3), 302 (3), 322a Paragraphs 1, 2 and 4, 332 (1) and 609 (7) (9) and (10) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 179/2004 shall be 1. Jänner 2005 in force.

(2) Section 590 (5) shall expire on the expiry of 31 December 2004.

(3) With the expiry of 31 December 2008, the provisions referred to in § 567 (2) shall expire in the version in force on 31 December 2008, and in the version as amended on 31 December 1996, with the exception of the lit. d § 148 Z 3 as well as § 322a-again in force.

(4) The provisions of § § 148, 189 (3) and 302 (3) in the version of the Federal Law BGBl (Bundesgesetz BGBl). No 179/2004 shall be adopted within six months and retroactively with 1. Jänner 2005 in force. "

Article 3

Federal law which changes the Industrial Social Security Act

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I No 171/2004, shall be amended as follows:

1. In § 86 (1), the term " "Landesfonds" by the expression "State Health Fund" replaced.

2. In § 91 (2), the expression "Landesfonds" by the expression "State Health Fund" and "National Fund-financed Hospitals" by the expression "National Health Fund-financed Hospitals" replaced.

3. (Determination of the principles) § 97 with headline reads:

" Relations with hospitals financed by the State Health Fund

§ 97. (Policy determination) § 148 ASVG is to be applied in order to regulate the relationship of the insurance carrier with the national health fund-financed hospitals. "

4. (Determination of the principles) § 160 para. 3 reads:

" (3) (Policy determination) According to Art. 12 (1) Z 1 B-VG, the principle that the insurance institution is equal to the health insurance institutions in accordance with the ASVG within the framework of the relations with the national health fund-financed hospitals within the framework of the ASVG § 148 ASVG. "

5. In § 182a the expression "Agreement in accordance with Art. 15a B-VG on the restructuring of the health care system and the financing of hospitals" by the expression "Agreement in accordance with Art. 15a B-VG on the organisation and financing of the health care system" replaced.

6. In § 190 (1), the expression "Landesfonds" by the expression "State Health Fund" replaced.

7. § 288 (3) shall be repealed.

8. In accordance with § 308, the following § 309 shall be added together with the heading:

" Final provisions on Art. 3 of the Federal Law BGBl. I No 179/2004

§ 309. (1) § § 86 (1), 91 (2), 97 including the title, 160 (3), 182a and 190 (1), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 179/2004 shall be 1. Jänner 2005 in force.

(2) Section 288 (3) shall expire on the expiry of 31 December 2004.

(3) With the expiry of 31 December 2008, § 182a and the provisions referred to in Article 269 (2) shall expire in the version in force on 31 December 2008 and in the version as amended on 31 December 1996-with the exception of § 182a-again in force.

(4) The provisions of § § 97 and 160 (3) in the version of the Federal Law BGBl (Federal Law Gazette) are the statutory provisions of the Federal Act. No 179/2004 shall be adopted within six months and retroactively with 1. Jänner 2005 in force. "

Article 4

Federal law, which changes the farmers ' social security law

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I No 171/2004, shall be amended as follows:

1. In § 80 (2), the term " "Landesfonds" by the expression "State Health Fund" replaced.

2. In the heading to § 89 and in paragraph 1, the term " "Landesfonds" by the expression "State Health Fund" replaced and in paragraph 1, the expression "National Fund financed" by the expression "National Health Fund-financed" replaced.

3. In the heading to § 90, the term "Landesfonds" by the expression "State Health Fund" as well as in paragraphs 1 and 2 respectively, the expression "National Fund financed" by the expression "National Health Fund-financed" replaced.

4. (Determination of the principles) § 91 with headline reads:

" Relations with hospitals financed by the State Health Fund

§ 91. (Policy determination) § 148 ASVG is to be applied in order to regulate the relationship of the insurance carrier with the national health fund-financed hospitals. "

5. (Determination of the principles) § 152 (3) reads:

" (3) (Policy determination) According to Art. 12 (1) Z 1 B-VG, the principle that the insurance institution is equal to the health insurance institutions in accordance with the ASVG within the framework of the relations with the national health fund-financed hospitals within the framework of the ASVG § 148 ASVG. "

6. In § 170a the expression "Agreement in accordance with Art. 15a B-VG on the restructuring of the health care system and the financing of hospitals" by the expression "Agreement in accordance with Art. 15a B-VG on the organisation and financing of the health care system" replaced.

7. In § 178 (1) the expression "Landesfonds" by the expression "State Health Fund" replaced.

8. § 277 (3) is repealed.

9. In accordance with § 297, the following § 298 and title shall be added:

" Final provisions on Art. 4 of the Federal Law BGBl. I No 179/2004

§ 298. (1) § § 80 (2), title to 89, 89 (1), title to 90, 90 (1) and (2), (91), title, 152 (3), 170a and 178 (1), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 179/2004 shall be 1. Jänner 2005 in force.

(2) Section 277 (3) shall expire on the expiry of 31 December 2004.

(3) With the expiry of 31 December 2008, Section 170a and the provisions referred to in Article 258 (2) shall expire in the version in force on 31 December 2008, and in the version as amended on 31 December 1996, with the exception of § 170a in force.

(4) The provisions of § § 91 and 152 (3) in the version of the Federal Law BGBl (Federal Law Gazette). No 179/2004 shall be adopted within six months and retroactively with 1. Jänner 2004 in force. "

Article 5

Federal law amending the Official Health and Accident Insurance Act

The Civil And Accident Insurance Act, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I No 171/2004, shall be amended as follows:

1. In § 63 (4), the term " "Landesfonds" by the expression "State Health Fund" replaced.

2. In § 68 (1), the term " "National Fund financed" by the expression "National Health Fund financed" replaced.

3. (Determination of the principles) § 96 para. 4 reads:

" (4) (Policy determination) In accordance with Art. 12 (1) Z 1 B-VG, the principles set out in § 68 (1) shall apply to the settlement of the relationships of the insurance institution as the institution of the accident insurance to the national health fund-financed hospitals. "

4. In § 118a the expression "Agreement in accordance with Art. 15a B-VG on the restructuring of the health care system and the financing of hospitals" by the expression "Agreement in accordance with Art. 15a B-VG on the organisation and financing of the health care system" replaced.

5. In § 125 (1) the expression "Landesfonds" by the expression "State Health Fund" replaced.

6. § 198 (4) is repealed.

7. In accordance with § 211, the following § 212 and title shall be added:

" Final provisions on Art. 5 of the Federal Law BGBl. I No 179/2004

§ 212. (1) § § 63 (4), 68 (1), 96 (4) and (118a) in the version of the Federal Law BGBl. I n ° 5/2001 will be 1. Jänner 2005 in force.

(2) Section 198 (4) shall expire on the expiry of 31 December 2004.

(3) With the expiry of 31 December 2008, Section 118a and the provisions referred to in § 184 (2) shall expire in the version in force on 31 December 2008, and in the version as amended on 31 December 1996, with the exception of the lit. c des § 68 Z 3 and § 118a-again in force.

(4) The state-of-the-art provisions of § 96 in the version of the Federal Law BGBl. I No 179/2004 shall be adopted within a period of six months and retroactively with 1. Jänner 2004 in force. "

Article 6

Federal law amending the Social Security Supplementary Law

The Social Security Supplementary Act, BGBl. No 154/1994, as last amended by the Federal Law BGBl. No 67/2001, shall be amended as follows:

1. In the heading to § 7a, the term " "Landesfonds" by the expression "State Health Fund" replaced.

2. § 7a (1) and (2) are:

' (1) The costs incurred by the State Health Fund for the period 2005 to 2008 as the institution of the place of stay or residence, as a result of the agreement under Art. 15a B-VG on the organisation and financing of the health care system for the purpose of the years 2005 to 2008. of persons who have entitlement to benefits under the Regulation or an agreement shall be asserted in relation to the competent foreign institutions by means of the territorial health insurance scheme which is eligible for each of the local authorities. The territorial health insurance funds continue to submit these claims, such as their own inter-state claims, and transfer the national health fund to the costs reimbursed by the competent foreign institutions, insofar as paragraph 2 of this article does not apply otherwise. as soon as they have arrived at them.

(2) In the event of a flat-rate reimbursement of expenses or of a waiving of expenses, the territorial health insurance funds shall transfer the State Health Fund to the State Health Fund as the institution of the stay or residence costs with the end of the year of the Enforcement, taking into account a general reduction in the amount of the lump sum. "

Section 7a (4) reads as follows:

' (4) The costs incurred by the Austrian institution of social security in the case of foreign countries which are to be paid or reimbursed under national law or under the provisions of the Regulation or of an agreement, since the latter are Person

1.		has been transferred from a domestic hospital to a foreign hospital for medical reasons, or
2.		the treatment appropriate to its condition could not be obtained at home or not during a period normally required for such treatment,
are to be replaced by the Federal Health Agency of the Federal Health Agency in accordance with Article 39 (2) (2) (2) of the Agreement in accordance with Art. 15a B-VG on the organisation and financing of the health care system to the extent that such costs include: shall exceed a certain amount. This amount is for 2005 based on the 2003 amount (Art. Article 32 (3) of the BGBl Agreement. I n ° 60/2002) plus the increases in accordance with the provisional sets of hundreds of 2004 and 2005 rates, with the increase in revenue from the 2003 Budget Accompanying Act to be included in the hundreds of rates. The provisional and final amounts are to be found in analogous application of the provisions of Article 17 (6) (2) and (3) of the Agreement in accordance with Art. 15a B-VG on the organisation and financing of the health sector. In these cases, the social security institutions shall report the expenses immediately to the main association of the Austrian social insurance institutions. The main association has to monitor the development of expenses on an ongoing basis and to report every six months on the nature and extent of the services of the Federal Health Commission, which are provided in accordance with paragraph 2 of the Federal Ministry of Health and Health. He may, where appropriate, claim reimbursement from the funds of the Federal Health Agency on behalf of the institutions concerned. The reimbursements from the resources of the Federal Health Agency shall be transferred at the end of the year of enforcement to the institutions concerned, in proportion to the total amounts spent in these cases. "

5. In accordance with § 9f, the following § 9g is inserted:

" § 9g. The title of § 7a and § 7a (1), (2) and (4) in the version of the Federal Law BGBl. I n ° 179/2004 shall be 1. Jänner 2005 in Kraft. "

Article 7

Federal law amending the Medical Act 1998 (6). Medical Law-Novel)

The Doctors Act 1998, BGBl. I n ° 169, as last amended by the Federal Law BGBl. I No 140/2003, shall be amended as follows:

1. In the table of contents, according to the content entry " § 128 ... Presiding Committee " of the content entry " § 128a ... Training Commission " inserted.

2. In Section 5 (1) Z 3, the word order shall be "pursuant to Article 9 (1), (3) or (5)" through the phrase 'pursuant to Article 9 (1), (3) or (5) or Article 9a' as well as in section 5 (2) (4) of the word "Article 9 (2), (2a), (4) or (5)" through the phrase "pursuant to Article 9 (2), (2a), (4) or (5) or Article 9a" replaced.

3. § 19 Z 3 and 4 reads:

" 3.		possession of a diploma, certificate or other evidence of formal qualifications of the dentist, including a certificate pursuant to Article 7 (1) or (3), Article 7a (1) or Article 7b (1), (2), (3) or (4) of Directive 78 /686/EEC, or
4.		possession of a diploma, certificate or other evidence of formal qualifications of the physician, including a certificate referred to in Articles 19, 19a, 19c or 19d of Directive 78 /686/EEC, or "

4. § 27 (1) second sentence reads:

" The list is valid with regard to names, job titles and all official titles and additions pursuant to § 43 (4), diploma of medical chambers in the federal states, contracts with social security institutions and health care institutions, as well as Registration number, professional seat, place of service, delivery address or-in the case of doctors according to § 47-residential address public. "

5. According to Article 27 (2), the following paragraph 2a is inserted:

" (2a) nationals of the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Poland, the Slovak Republic, the Republic of Slovenia, the Czech Republic and the Republic of Hungary, who exercise the medical profession as a doctor for general medicine, approved doctor, specialist, dentist or a gymnastics specialist in the context of a service, have the fulfilment of the conditions for employment in accordance with § 3 at the registration for registration in the medical list in connection with Section 32a of the Foreigners Employment Act (AuslBG), BGBl. No 218/1975. This proof shall be deemed to be a requirement in accordance with § § 4 (2) or 18 (2) for the exercise of the medical profession. "

6. § 27 (7) reads:

" (7) In the case of the person concerned, the person concerned must enter the Austrian Medical Association in the list of doctors and her passport (medical certificate) provided with her photograph shall be inserted in the list of doctors. , If the fulfilment of the conditions for employment in accordance with § 3 in conjunction with § 32a of the German Federal Foreign Ministry (AuslBG) is limited in time, the registration in the medical list must also be made in a temporary way. This is the person on the occasion of the registration in the medical list, under the notice that after the expiry of the deadline, her medical professional authorization shall be issued by the law in writing, in writing. In this case, the release of a notice of arrest may be waited in accordance with Section 59 (3). The medical profession may not be admitted until after receipt of the confirmation of the registration in the medical list (medical certificate). From the date of registration, persons who are nationals of one of the other Contracting Parties to the Agreement on the European Economic Area shall have the same rights and obligations as those registered in the Austrian doctors ' list. Doctors. "

Section 32 (1) reads as follows:

" (1) The Austrian Medical Association has persons who:

1.		have acquired a right to pursue the profession of medical profession in a self-employed person abroad,
2.		are not entitled to exercise the medical profession in a self-employed person in accordance with § § 4, 5, 5a, 18, 19 or 19a,
3.		comply with the general requirements of Section 4 (2) (2) to (5) or § 18 (2) (2) (2) to (5); and
4.		provide proof of qualification in accordance with section 4 (3) in conjunction with § 4 (4) Z 2 or § 4 (5) Z 2 or in accordance with § § 5, 5a, 18 para. 3 or 4, 19 or 19a,
a temporary authorisation for the exercise of a professional medical profession within the framework of a service as a general practitioner, specialist or dentist in hospitals or judicial institutions for a period of not more than three years. "

8. § 32 (5) Z 2 reads:

" 2.		a requirement in accordance with paragraph 1 Z 1, 3 or 4 has been omitted. "

Section 33 (1) reads as follows:

" (1) The Austrian Medical Association has persons who:

1.		have acquired a right to pursue the profession of medical profession in a self-employed person abroad,
2.		are not entitled to exercise the medical profession in a self-employed person in accordance with § § 4, 5, 5a, 18, 19 or 19a,
3.		comply with the general requirements of Section 4 (2) (2) to (5) or § 18 (2) (2) (2) to (5); and
4.		provide proof of qualification in accordance with section 4 (3) in conjunction with § 4 (4) Z 2 or § 4 (5) Z 2 or in accordance with § § 5, 5a, 18 para. 3 or 4, 19 or 19a,
to grant a temporary authorisation for the exercise of the medical profession, as a doctor of general medicine, specialist or dentist, for a maximum of three years. "

10. § 33 (5) Z 2 reads:

" 2.		a requirement in accordance with paragraph 1 Z 1, 3 or 4 has been omitted. "

11. § 35 (1) Z 2 reads as follows:

" 2.		Doctors who are Austrian nationals or nationals of one of the other Contracting Parties to the Agreement on the European Economic Area, but are not entitled to exercise their medical profession in accordance with § § 4, 5, 5a, 18, 19 or 19a of the Agreement, or whose medical or dental doctorates do not meet the requirements of § 4 (3) (1) or (3) (3) (1) and (2) or § 18 (3) or 4 (1) (1). "

12. In accordance with § 66 (2) Z 11 the following Z 11a is inserted:

" 11a.		for the reimbursement of opinions pursuant to Article 20 (2) of the AuslBG;

The following sentence shall be added to Section 68 (4):

" A transfer of the duty station according to Z 1 is not available if the doctor is temporarily in the area of another medical chamber or abroad on the basis of the provisions of the service law, in particular on the basis of carenzing and service allocation. is active. "

14. § 91 (4) the following sentence is added:

' In this case, the system of transhipment may not exceed the payment of a single sowing blow, which shall not exceed 10 vH of the chamber conversion to be determined, and which shall fix all the relevant circumstances, in particular the economic situation. the performance of the members of the chamber. "

15. At the end of § 97 Z 3, the point shall be replaced by the word "as well as" and the following Z 4 shall be added:

" 4.		to former chamber members and survivors of chamber members, in so far as their contributions have not been refunded to any other medical chamber or to the members of the chamber (§ 115). "

16. § 98 (1) reads:

" (1) The following pensions shall be granted from the funds of the Welfare Fund:

1.		pensions,
2.		Invalidity pension,
3.		child support,
4.		Survivor's supply:
a)			Widows and widows,
b)			Orphan supplies,
c)			Survivors ' support,
5.		Funeral allowance. "

17. In Section 98 (2), the number of digits shall be "Z 3 to 6" through the digit sequence " Z 3, 4 lit. a and b " replaced, in Section 98 (3), the number of digits shall be "Z 1 to 5" through the digit sequence " Z 1 to 3, 4 lit. a and b " and in section 98 (5), the following sentence shall be added:

" Attainment of the benefits in accordance with paragraph 1 Z 1 to 3, 4 lit. (a) and (b) less than one tenth of the basic performance referred to in paragraph 3, the statutes may provide for a one-off capital settlement, calculated according to actuarial principles. "

18. In accordance with section 98 (6), the following paragraph 6a is inserted:

"(6a) The Articles of Association may provide for additional one-off benefits, taking into account the contribution income."

19. § 104 reads:

" § 104. (1) In the event of the death of a member of a chamber or recipient of an old-age or invalidity pension,

1.		the funeral allowance and
2.		survivor support
, The funeral allowance shall be used to cover the costs associated with the burial. Survivors ' support is part of the survivor's supply and serves survivors as a one-off financial emergency supply.

(2) The extent of the funeral allowance and the survivor's support shall be determined in the statutes in accordance with section 92 (1).

(3) Where the deceased chamber member or recipient of an old-age or invalidity pension is not repudiated by another payee, and where the deceased chamber member or recipient of an old-age or invalidity pension is not eligible for reimbursement, written declaration signed by the welfare fund in writing, one after the other:

1.		the widow (the widower),
2.		the orphans and
3.		other legal heirs.

(4) If a number of beneficiaries are present in accordance with Section 3 (2) or (3), they shall pay the benefit for the undivided hand.

(5) If an eligible person does not exist within the meaning of paragraph 3 and the costs of the burial are borne by another person, he shall be entitled to the replacement of the proven costs up to the amount of the intended costs. Funeral allowance. "

The third sentence of Article 109 (1) reads as follows:

" An interruption of this activity for less than six months as well as a medical activity in the area of another medical chamber or abroad on the basis of the necessary regulations (§ 68 para. 4 last sentence) is valid in this regard as uninterrupted professional practice. "

The following sentence shall be added to Article 109 (5):

" In this case, the contribution order may not exceed the payment of a single sowing supplement which does not exceed 10 vH of the amount of the charitable contribution to be determined and, when it is determined, all the relevant circumstances, in particular the economic the performance of the members of the chamber. "

21. § 109 para. 8 reads:

" (8) In the event that the actuarial cover of individual groups of pension benefits, calculated in accordance with the recognized rules of actuarial mathematics, is not given, the articles of association may provide benefits for the provision of services provided by the in each case, a pension security contribution until the actuarial required coverage has been reached. The pension security contribution shall not exceed that percentage which the members of the chamber do not make in order to increase the actuarial cover of the fund, and may not exceed 20% of the pension benefits of each of the pension funds. the group concerned. The coverage shall be determined by the existence of two independent reports of actuarial experts (actuaries). Notwithstanding the requirements of these conditions, a pension contribution may not be raised if the contribution provided for in the Contribution Regulations, the contribution provided by the members of the Chamber for the benefit of the group of persons concerned, is not Pension benefits are to be paid annually, has been lowered in the last five years before the decision has been taken on the pension contribution. "

22. § 112 reads:

" § 112. (1) A full member of the chamber shall provide evidence that he and his survivors are entitled to an equal right to rest (supply) on the basis of an insintable service to a local authority or to a local authority or a in accordance with a law or the provisions laid down in the pension provisions of a service order with respect to such a body, which exists in relation to the welfare fund, it shall, upon request, be subject to the conditions laid down in requests for applications and the following provisions from the obligation pursuant to § 109 to freeing. If the applicant does not exercise any medical activity within the meaning of section 45 (2), the statutes may stipulate that the obligation to contribute to the death allowance and to the support services shall remain. If the applicant exercises a medical activity within the meaning of section 45 (2), the obligation to contribute to the basic service remains in any case. The Articles of Association may provide that the obligation to pay contributions shall also remain in respect of the supplementary benefits, the death allowance and the assistance.

(2) A full member of the Chamber shall provide evidence that he and his survivors are entitled to a similar right to rest (supply) on the basis of belonging to the welfare fund of another medical chamber, such as this in relation to the welfare fund, it will be exempted from the obligation to contribute to the welfare fund in accordance with § 109.

(3) Chamber members who only after the completion of the 35. In the event of a life-year, if this is provided for in the statutes, they shall be completed as soon as the age of 35 is completed. Year of life shall be obliged to make a repayment within the meaning of paragraph 4. This obligation to repay shall not apply to those periods in which the members of the chamber in another State Party to the Agreement on the European Economic Area or in the Swiss Confederation shall be provided for in a legally prescribed period. Social security scheme was covered by a branch providing benefits in the event of invalidity, old age or survivors ' pensions.

(4) For the purpose of calculating the amount of the repayment, the average contribution of the individual calendar years to a member of the chamber shall be used. In addition, the Articles of Association shall determine whether, in calculating the repayment amount, the contribution level of the current calendar year is to be valued, or whether the percentage of the average return on the fund's assets during the period of The repayment period is to be galvanissed according to the principles of an interest rate calculation. However, the contribution percentages for the funeral allowance and the assistance provided during the repayment period shall not be taken into account.

(5) In the event of exemption from the obligation to provide contributions, the granting of benefits shall be excluded in whole or in part in accordance with the extent of the exemption.

(6) The contribution order shall have to regulate how the contributions which are not reimbursed in accordance with the provisions of § 115 are used if the members of the chamber or the obligation to contribute are re-established. In the case of responsibility and obligation to perform a different medical chamber, the provisions of § 115 shall apply mutaficily. "

23. § 115 (1) second sentence reads:

"The contributions provided for in the calculation of the transfer amount shall not be taken into consideration for certain purposes, in particular funeral allowances, survivors ' support and health assistance, in accordance with the statutes."

Section 115 (2) is added to the following paragraph 3:

" (3) A refund of contributions pursuant to paragraph 1 or 2 shall be possible only if the chamber member confirms in writing that he is not in another State Party to the Agreement on the European Economic Area or in the Swiss The Swiss Confederation shall be covered by a branch of a statutory social security scheme for employed or self-employed persons providing for benefits in the event of invalidity, old age or survivors ' rights. "

24a. § 118c together with headline reads:

" Regulation on quality assurance of medical and dental care

§ 118c. (1) The Austrian Medical Association, after referral to the Scientific Advisory Board for Quality Assurance, the Federal Curia of the Established Doctors and the Bundeskurie der dentists (Bundeskurie der dentists), has the criteria to be evaluated (§ 118a (2) (1)), the control the results of the evaluation, the criteria for electronic data transmission in this respect and the quality register to be held by the company by means of a regulation for each period of validity of five years. This Regulation shall be continuously developed within the meaning of section 49. The Regulation shall be no later than 1. January 2005 for the first time for approval and, subsequently, regularly, if necessary before the end of the five-year period, to adapt to the above requirements.

(2) The Regulation shall be submitted to the Federal Minister for Health and Women at the latest three months before the end of the five-year period of validity (paragraph 1). 1) to be submitted for regulatory approval. "

25. In accordance with § 120 Z 6, the following paragraph 6a is inserted:

" 6a.		the Training Commission (§ 128a), "

26. In accordance with § 128, the following § 128a together with the heading is inserted:

" Training Commission

§ 128a. (1) The training commission consists of one representative of each of the training commissions set up in the medical chambers in the federal states (section 82 (2)) and two nominated by the board of the Austrian Medical Association from among its members. Members. The Chairman of the Training Commission and his/her alternates are nominated by the Board of Directors. For each additional member, a corresponding replacement member must be ordered.

(2) The Chairman shall convene the meetings of the Training Commission, shall fix the agenda and shall chair the meetings. In the case of the prevention of the chairman and the deputy, the oldest member of the training commission shall, for the duration of the prevention, enter into the function of the chairman.

(3) The President of the Austrian Medical Association and the Chairman of the Education Committee shall be entitled to participate in the meetings of the Training Commission and to submit applications.

(4) The Training Commission shall be responsible for:

1.		the decision in proceedings pursuant to Articles 9 to 13, 14, 14a, 15, 32, 33 and 35,
2.		the determination of equivalence in accordance with § § 5a Z 3, 19a Z 3 and 39 para. 2,
3.		the response to individual requests submitted to the Training Commission, provided that they have a greater significance than the individual case, and
4.		the reimbursement of reports and proposals to other institutions of the Austrian Medical Association.

(5) The training commission shall be quorum if at least seven members are present. Each member shall have one vote.

(6) The two-thirds majority of the valid votes cast shall be required for the decisions of the Training Commission. A separate vote shall be taken on each request.

(7) More detailed rules on the structure and tasks of the Training Commission should be laid down by the Austrian Medical Association by means of a point of order. "

26a. § 195 (6f) reads as follows:

" (6f) The authorisation of the Federal Minister for Health and Women is required to obtain a regulation pursuant to § 118c. The authorisation shall be granted if the regulation to be approved corresponds to this Federal Act, in particular the obligations of the doctor or dentist as defined in § 49. The reference to the resolution of the regulation in accordance with § 118c is to be made available in the Austrian medical newspaper. At the same time as the customer in the Austrian Medical Association, the regulation is to be made available to the Austrian Medical Association in the fulltext on the Internet in general. To the extent that the Regulation does not provide for a later date in force, the Regulation shall enter into force on the Internet after the end of the day of the event. "

27. In § 208 (2), the word order shall be " in the version of the Federal Law BGBl. I No 110/2001 (2). Medical Law Novel) " through the phrase " in the version of the Federal Law BGBl. I No 140/2003 (5) Medical Law Novel) " replaced.

The following paragraphs 7 and 8 are added to section 210 (6):

" (7) Permits in force on 1 May 2004 pursuant to Sections 32, 33 and 35 for nationals of the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Slovak Republic, the Republic of Slovenia, the Czech Republic, the Republic of Hungary and the Republic of Cyprus, shall remain unaffected notwithstanding any possible entitlement to practise the profession in accordance with Sections 4, 5, 5a, 18, 19 or 19a.

(8) Nationals of the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Slovak Republic, the Republic of Slovenia, the Czech Republic, the Republic of Hungary and the Republic of Cyprus, which 1 May 2004 according to § § 7 (6) and 8 (4) and (5) in training as a physician in general medicine, as a specialist, in the main subject of a special subject or in an additive compartment, shall be entitled to apply their training according to the prior art To complete the legal situation. "

Section 214 (13) is added to the following paragraph 14:

" (14) § § 5 (1) Z 3 and (2) (2) Z 4, 19 Z 3 and 4, 27 (2a) and (7), § 32 (1), § 32 (5) Z 2, § 33 (1), § 33 (5) Z 2, § 35 (1) Z 2, § 66 (2) Z 11a and § 210 (7) and (8) shall enter into force on 1 May 2004. Section 208 (2) in the version of the Federal Law BGBl. I n ° 179/2004 shall enter into force on 31 December 2003. '

Article 8

Novelle to the Federal Act on Documentation in the Health Care

The Law on Documentation in Health, BGBl. No 745/1996, as last amended by BGBl. I No 144/2003, shall be amended as follows:

1. In § 2 para. 1 and 2, § 3 para. 1 and 2, § 4 as well as in § 7 para. 1, 2 and 3, the word "Landesfonds" in each case by the word "State Health Fund" replaced.

2. § 5 (2) reads:

" (2) The Federal Ministry of Health and Women has the reports submitted by the Federal Health Agency, the State Health Fund, the Länder, the main association of the Austrian social insurance institutions and the institutions of social security shall be transmitted in so far as this is necessary for the performance of these statutory tasks. "

§ 8a reads as follows:

" § 8a. According to § § 7 and 8 of the Federal Health Agency, the State Health Fund, the Länder, the main association of the Austrian social insurance institutions and the institutions of the Federal Ministry of Health and Health, the Federal Ministry of Health and Women has the following reports: Social security to the extent necessary for the performance of these statutory tasks. "

4. § 10 reads:

" § 10. The institutions of hospitals not financed by the State Health Fund, which are the obligations imposed in accordance with § § 1, 2 or 8 or the obligations pursuant to § § 4 or 6 of the Private Sickness Funds Act, BGBl. No 165/2004, do not comply with the fact that the act does not constitute a criminal offence under the jurisdiction of the courts, administrative transgressing and punishable by a fine of up to EUR 5 000. '

5. In § 12, the following paragraph 3 is added:

" (3) § § 2, 3, 5, 7, 8a and 10 in the version of this Federal Act shall be replaced by 1. Jänner 2005 in force. Until the Land Health Fund is set up by the Länder, the Land Funds are responsible for the tasks and functions of the State Health Funds. "

Article 9

Federal Law on the Quality of Health Services

(Health quality law-GQG)

Objectives and principles

§ 1. (1) systematic quality work must be implemented and intensified in order to secure and improve the quality of the Austrian health system. To achieve this, a comprehensive quality system based on the principles of patient and patient orientation, transparency, effectiveness and efficiency is to be developed, implemented and regularly evaluated. In particular, quality in the provision of health care should be ensured, taking into account patient safety and patient safety.

(2) The Federal Minister for Health and Women's Federal Minister for Health and Health has ensured that the work on the development, the further development, the securing and evaluation of a nationwide Austrian quality system is uniform, federal states-, cross-sector and cross-professional. In the sense of the quality system, the levels of structure, process and result quality must be taken into account.

(3) For the purpose of ensuring the principles laid down in para. 1 and 2, the Federal Minister for Health and Women's Minister for Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Affairs Committee has been responsible for To ensure that actors and actors are involved. In addition, the Federal Minister of Health and Women's Federal Minister for Health and Women has to ensure the nationwide coordination of quality measures for the purpose of national and international comparability of health care services.

(4) Data required for continuous quality work must be at least pseudonymised, provided that they are not required for specific purposes and purposes in terms of personal data, by means of a trust.

Definitions

§ 2. In the sense of this federal law, the terms mean:

1.		"Quality system": This is understood to mean a coordination, funding, support and monitoring system of the Federal Government with the aim of continuously improving the quality of health services.
2.		"Quality": degree of fulfilment of the characteristics of patient-oriented, patient-oriented, transparent, effective and efficient delivery of health care. The central concerns in this context are the optimization of structure quality, process quality and result quality.
3.		"Patient orientation": In the sense of improving the quality of life, the people concerned should be at the centre of the decisions and actions and will be able to act as co-producers on this The process of improving the quality of life.
4.		"Patient safety and patient safety" means measures to prevent adverse events that may result in the patient ' s damage.
5.		"Transparency" means the ability to follow through documentation and analysis of achievements and results, and their systematic review; the basis for continuous and systematic comparisons to improve quality.
6.		"Effectiveness" means the degree of achievement between a set objective and its implementation, the objective set in the healthcare system ideally being the preservation or Restoration of the health of citizens and patients.
7.		"Efficiency" means the relationship between the use and the result of a performance in accordance with the principle of economic performance, taking into account cost containment.
8.		"Structural quality" means the sum of factual and staffing equipment in quantitative and qualitative terms.
9.		"Process quality": work processes and procedures, which are systematized according to comprehensible and verifiable rules and which correspond to the state of professional knowledge, are regularly evaluated and continuously improved.
10.		"Results quality": measurable changes in the professionally assessed state of health, the quality of life and the satisfaction of a patient/patient, respectively. of a population group as a result of specific framework conditions and measures.
11.		"health benefit" means any action taken by a family or a member of a legally recognised health profession at or for the person who is responsible for the promotion, preservation, restoration or improvement of the physical and mental health.
12.		"quality standards": recordable regularities or Specifications in terms of equipment, procedures or behaviour.
13.		"Federal Quality Guidelines": Standards adopted by the Federal Minister for Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Health and Safety Standards.
14.		"Federal Quality Guidelines": Standards recommended by the Federal Minister for Health and Women as an orientation guide.
15.		"Quality indicator": measurable quantity, which is suitable for observing, comparing and evaluating the quality of the health performance.
16.		"Reference range, reference range": a reference range is the interval within which the embossing of a quality indicator is defined as good or as inconspicuous. A reference value is a reference region, the upper and lower limits of which coincide.
17.		"Basic principles of health promotion" in the framework of the provision of health services: Health promotion aims at the process of enabling people to have a high degree of self-determination about their health and to strengthen their health care To be able to health.

Scope

§ 3. (1) The provisions of this Act shall be complied with in the provision of health services, irrespective of the organisational form of the service provider/the provider of services. The health services must comply with the requirements of this law and the relevant state of scientific knowledge and experience, as well as in the quality and in the quality of the health services provided. the health-promoting environment.

(2) In the provision of health services, transparency regarding the quality of the structure, process and results is to be ensured in relation to the patients on their demand.

Quality standards

§ 4. (1) The Federal Minister for Health and Women's Federal Minister for Health and Health can develop quality standards for the provision of certain health care services, including the relevant stakeholders, in particular the relevant health professions and patients.

(2) The Federal Minister for Health and Women, in connection with the provision of health services, can recommend quality standards as federal quality guidelines or as federal quality guidelines by regulation , and in particular the following shall be respected:

1.		National unity,
2.		Take a look at the sectoral and cross-professional approach,
3.		Patient and patient orientation,
4.		Basic principles of health promotion,
5.		transparency,
6.		the present state of knowledge and experience of effectiveness and efficiency.
The federal quality standards contain specifications for one or more of the dimensions of quality work mentioned in § 5 (structure, process or result quality). In addition to binding instruments, the Federal Government can also provide non-binding instruments for the implementation of the Federal Quality Directives, which can be replaced by equivalent measures, in the case of proof of compliance with the requirements.

(3) Quality indicators can be linked to federal quality guidelines or federal quality guidelines, the contents of which are also elements of the Austrian quality reporting. In the development of quality indicators, attention must be paid to international comparability.

Dimensions of quality work

§ 5. (1) The Federal Minister for Health and Women's Federal Minister for Health and Health has to ensure that the quality requirements for the provision of health services in the sense of systematic quality work are structured, process and Quality of results. Consideration should be given to the further development of appropriate method work as well as to reporting requirements and documentation requirements. These requirements have to be taken into account in the light of international developments.

(2) In the field of structural quality, the Federal Minister for Health and Women's Federal Minister for Health and Women has to develop binding structural quality criteria for the provision of health services. These structural quality criteria must be complied with in the provision of health services, irrespective of the form of organisation in which they are provided. The Federal Minister of Health and Women's Federal Minister for Health and Women's Federal Minister for Health and Women's Federal Minister for Health and Women's Affairs

(3) In the area of process quality, the Federal Minister for Health and Women's Federal Minister for Health and Women has to develop binding requirements as well as to ensure support by providing suitable instruments. The Federal Minister for Health and Women has to ensure that indicators on process quality and reporting requirements for these process quality indicators are defined, inter alia within the framework of the Austrian Federal Ministry of Health and Consumer Protection. Quality reporting.

(4) In the field of quality of results, the Federal Minister for Health and Women has to ensure that indicators and reference quantities for the quality of results and corresponding reporting obligations are laid down for this purpose, under among other things within the framework of Austrian quality reporting.

Quality reporting

§ 6. (1) The Federal Minister for Health and Women's Federal Minister for Health and Women has set out guidelines for the development, further development, safeguarding and evaluation of a comprehensive Austrian quality system. national, national, professional and cross-sectoral quality reporting. The following principles must be observed for the documentation and data reporting required in this respect:

1.		Determination and collection of the data necessary for the verification of compliance with the requirements of this federal law;
2.		ensuring that the data relevant to the monitoring of the quality of the Austrian health system are recorded throughout Austria;
3.		the maintenance of administrative expenses in the documentation and quality reporting and the most extensive integration of existing documentation.

(2) The Federal Minister for Health and Women's Federal Minister for Health and Health may, by means of a regulation, lay down detailed provisions concerning the documentation and/or of quality reporting. These include in particular:

1.		Data volume, data quality, data flow,
2.		reporting date,
3.		reporting period and
4.		Specification of the food for documentation, data reporting and quality reporting.
Consideration shall be given, in particular, to the requirements referred to in paragraph 1.

(3) The Federal Minister of Health and Women's Federal Minister for Health and Women has, in the spirit of increased transparency, the intensity of the involvement of the actors in the Austrian quality system for the interested public in to be known. She/he also has to ensure that appropriate feedback systems are set up to meet the quality reporting requirements.

Incentive measures and incentive mechanisms

§ 7. The Federal Minister for Health and Women's Office can support the development of support measures and incentive mechanisms in the field of quality work. The Federal Minister for Health and Women's Federal Minister for Health and Women's Affairs can also support measures and incentive mechanisms for sustainable improvement or improvement. To ensure the quality of health services.

Control

§ 8. (1) The Federal Minister for Health and Women's Federal Minister for Health and Health has to ensure nationwide observation and control in connection with the safeguarding and improvement of the quality of health services. In any case,

1.		the review of the participation in Austrian quality reporting,
2.		the review of the implementation of federal quality guidelines and
3.		the evaluation of the implementation or Application of federal quality guidelines the use of equivalent instruments.

(2) The Federal Minister for Health and Women's Federal Minister for Health and Health has to ensure that accompanying external controls on quality work are carried out in the health care sector. To this end, the Federal Minister for Health and Women, as well as the persons, bodies and authorities responsible for their work, have the right to demand information and messages, in all of them for quality work. to inspect relevant documents, including the quality of the data, and, where necessary, to carry out on-the-spot surveys, to the extent that this is necessary for the performance of the tasks assigned to it. Persons, institutions and public authorities shall be provided with copies of the documents provided free of charge. Other observation and control obligations or -rights under other legislation remain unaffected by this.

Support from the Federal Institute for Quality in Health Care

§ 9. (1) A "Federal Institute for Quality in Health Care" shall be established. The Federal Minister for Health and Women's Federal Minister for Health and Health can use this "Federal Institute for Quality in Health Care" in the performance of his/her duties under this law.

(2) This institute is based on the federal uniformity, the national, sectoral and cross-professional approach, the patient-orientation, transparency, effectiveness, efficiency and according to international law. To carry out the following tasks in particular:

1.		Participation in the preparation of general guidelines and principles
a)			for the standard development in the area of structure, process and result quality,
b)			for the documentation on quality reporting and quality reporting,
c)			for incentive measures and incentive mechanisms,
d)			for the control in accordance with Article 8 (1);
2.		Review, recommendation and elaboration of quality standards, which are recommended by the Federal Minister for Health and Women (Federal Quality Directives) or as an orientation guide (Federal Quality Guidelines) ,
3.		Creation of the annual quality report;
4.		Implementation of participation in the setting-up of incentive measures and incentive mechanisms;
5.		Implementation of the participation in the control of compliance with the provisions of this Act and of regulations or other provisions adopted pursuant to this Act;
6.		Federal Ministry of Health and Women's Federal Minister for Health and Women's Federal Minister for Health and Women's Coordination of Quality Measures for the purpose of national and international comparability of health care services.

Criminal provisions

§ 10. (1) If the health services of a Federal Quality Directive made binding under this Act are contrary to the provision of health services, if there is no legal offence, administrative surrender shall be carried out and shall be subject to: an administrative penalty of up to Euro 10,000, -- to punish, in the event of a repeat, up to Euro 20,000, --.

(2) Any person who does not comply with the quality reporting or documentation requirements shall be subject to an administrative surrender and shall be punished with a administrative penalty of up to € 3,000, -- in the event of a repetition of up to EUR 5,000, --.

(3) Anyone who obstructs the control rights of the Federal Minister for Health and Women, pursuant to section 8 (2), second and third sentence, or the persons, institutions or authorities responsible for the health and safety of the Federal Minister for Health and Women, shall commit a Administrative transgressing and is punishable by an administrative penalty of up to € 5,000, -- in the event of a repetition of up to Euro 7,000, --.

(4) The Federal Minister of Health and Women's Federal Minister for Health and Health shall be informed of any administrative transgressions punishable by law.

Conclusion and In-Force TretensRegulations

§ 11. (1) The Federal Minister for Health and Women is responsible for the enforcement of this Federal Act.

(2) This federal law shall enter into force with the exception of § 10 on 1 January 2005. § 10 shall enter into force on 1 January Jänner 2006 in force.

Article 10

Federal law on data security measures in electronic traffic with health data and the establishment of information management (Health-Law-Law-GTelG)

table of contents

1. Section: Subject matter and definitions

Article 1 Subject matter

§ 2 Definitions

Section 2: Data security for electronic health data exchange

§ 3 Proof of identity and role

§ 4 Identity

§ 5 Role

§ 6 Confidentiality

§ 7 Integrity

§ 8 Documentation

3. Section: Information Management

§ 9 eHealth-Directory service

§ 10 Content

§ 11 Reception

§ 12 Registration procedure

§ 13 Registration offices

§ 14 Monitoring

§ 15 Quality assurance of health-related web information

Section 16 Information service

Section 4: Final provisions

Section 17 Administrative punishable provisions

§ 18 In-Power Trees

Section 19 Transitional provisions

Section 20 Erlassung and In-Kraft-Treten von Regulations (in German)

Section 21 referrals

Section 22 Full education

Section 1

Subject matter and definitions

Subject matter

§ 1. (1) This federal law lays down supplementary data security provisions for electronic traffic with health data and establishes an information management system for matters relating to health telematics.

(2) The objectives of this Federal Act are to raise the data security of electronic traffic with health data by means of national uniform minimum standards, as well as those for the development and management of health telematics in an international context to provide the necessary information bases, to widen.

(3) The statutory provisions concerning the admissibility of data usages, the rights of the persons concerned and the legal protection remain unaffected by this Federal Act.

Definitions

§ 2. In the sense of this federal law,

1.		Health data: directly personal data according to § 4 Z 1 DSG 2000 on the physical or mental state of a person, including those related to the collection of the causes of this state of health as well as of the medical care or care, the care, the billing of health services or the insurance of health risks collected data. This includes, in particular, data
a)			the spiritual constitution,
b)			the structure, function, or condition of the body or parts of the body,
c)			the health-related lifestyle or environmental influences,
d)			the prescribed or related medicinal products, medicinal products or aids,
e)			diagnosis, therapy or care methods, or
f)			the nature, number, duration or cost of health services or health-related insurance services.
2.		Health service provider: contractors and service providers according to DSG 2000, whose regular use of health data forms part of their employment, their operational purpose, or of their service offer.
3.		Electronic health data exchange: the transfer of or the granting of access rights to health data used in the framework of automation-assisted data applications by means of communication technology facilities by means of an electronic health data exchange. Health service provider (§ 4 Z 4 DSG 2000) as well as to service provider (§ 4 Z 5 DSG 2000).
4.		Role: Classification of health service providers according to the nature of their employment, their operational purpose or their service provision.

Section 2

Data security for electronic health data exchange

Identification of identity and role

§ 3 . Where, in the case of electronic communications between health service providers/providers of health services, health data are passed on or have access rights thereto, this may only be achieved if the identity and role of the recipient of the health service are: Consignee or that health service provider who wishes to receive a granted access right to health data. The evidence shall be provided and checked in electronic form in accordance with § § 4 and 5.

Identity

§ 4. (1) The identification of the identity is by presenting an electronic certificate (certificate) with which the identity of the health service provider established in accordance with § § 3 to 6 of the eGovernment Act (Egovernment) Health service provider is confirmed, to be provided and to be examined. The certificate must comply with the minimum requirements laid down in Section 7 (5).

(2) The proof referred to in paragraph 1 may not be required if the health service provider is registered in the eHealth directory service and this is provided by the health data or access to it by the health service provider. Health service provider/health service provider shall be checked by inspection in the eHealth directory service.

(3) If the electronic health data exchange is handled exclusively in a program-controlled manner, the proof of identity shall be provided by means of server certificates and to be checked in a program-controlled manner-by way of derogation from paragraphs 1 and 2. Server certificates must comply with the minimum requirements laid down in Section 7 (5).

(4) In the context of the electronic health data exchange, a data application shall be operated directly from the distance and shall be the proof or the examination of the identity referred to in paragraph 1 or 2 in individual cases for technical or economic reasons is not appropriate, the identity shall be proven and checked in the course of the implementation of the access authorization. During the existence of the access authorization, the identity shall be checked at periodic intervals.

(5) For the purpose of verifying the identity of the electronic health data exchange during an existing access authorization in accordance with paragraph 4, health service providers shall have the reason, the periodicity, of the It may not exceed the month of examination, the procedures to be followed during the examination and the mechanisms for ensuring and monitoring their implementation.

Role

§ 5. (1) The Federal Minister for Health and Women/The Federal Minister for Health and Women has the roles to be considered for the electronic health data exchange as well as those bodies which are responsible for the assignment of roles to a Confirm your health service provider authentically, with a regulation to establish.

(2) The evidence of the role must be provided and checked by submitting an electronic certificate (certificate) to a body defined in accordance with paragraph 1. The certificate must comply with the minimum requirements laid down in Section 7 (5).

(3) The proof referred to in paragraph 2 may not be required if the health service provider is registered in the eHealth directory service and the role of the health data provider or the access to it Health service provider/health service provider shall be checked by inspection in the eHealth directory service.

(4) If the electronic health data exchange is carried out exclusively in a programme-controlled manner and the proof and the examination of the role in the individual case is not appropriate for technical or economic reasons, the proof or proof has to be provided. to examine the role of the recipient of the health data prior to the initial implementation of the health data exchange. In day-to-day operation, the roll must be checked at periodic intervals.

(5) In the context of the electronic health data exchange, a data application is served directly from the distance and the proof and the examination of the role in the individual case is inappropriate for technical or economic reasons, the To demonstrate and verify the role before you implement the access authorization to the data application. During the existence of the access authorization, the role must be checked at periodic intervals.

(6) Health service providers shall be responsible for examining the role of electronic health data exchange during ongoing operations as referred to in paragraph 4 above or during an existing access authorization in accordance with paragraph 5 of this Article. Reason, the periodicity, which may not exceed one month, to document the procedure to be followed during the examination, as well as the mechanisms for ensuring and monitoring its implementation.

Confidentiality

§ 6. (1) Without prejudice to the data security rules applicable to the use of personal data in accordance with the DSG 2000, health service providers shall have a medium for the electronic health data exchange via a medium which: is not subject to their exclusive access, to exclude from them various third parties from the knowledge of health data by the content encryption of the data. For the purposes of content encryption, cryptographic methods are to be used which, according to the respective state of the art, cannot be compromised with economically reasonable effort.

(2) The encryption must be carried out on the facilities of the sender/sender, the decryption on the facilities of the recipient of the health data.

Integrity

§ 7. (1) The integrity (falsidity) of health data to be passed on shall be demonstrated by the use of electronic signatures which must comply with the minimum requirements laid down in paragraph 5 of this Article. shall be examined.

(2) The use of electronic signatures as referred to in paragraph 1 may be prevented if the electronic health data exchange is carried out exclusively in a programme-controlled manner or by the direct operation of a data application from the distance. Where appropriate, health service providers who carry out the programme-controlled health data exchange, as well as healthcare service providers, shall have the rights to service their To document data from the distance, to document the reasons and the measures taken by them, which must ensure a comparable level of data security, and to document the mechanisms for ensuring and checking compliance.

(3) The application of electronic signatures can be automated.

(4) In the event of a failed signature verification, the received health data must not be used.

(5) The qualitative minimum requirements for certificates in accordance with § § 4 and 5, for the encryption according to § 5 and for electronic signatures, are by the Federal Minister for Health and Women/Federal Minister for Health and Women with Regulation.

Documentation

§ 8. (1) The data security measures taken by health-service providers for electronic health data exchange in their internal area, including effective mechanisms for monitoring and ensuring their compliance with the internal organization data protection and/or To document data security regulations in accordance with the applicable regulations, in particular in accordance with § 14 DSG 2000.

(2) Health service providers who are subject to the documentation requirements in accordance with § 4 (4), § 5 (4) or (5) or § 7 (2), have the Federal Minister for Health and Women/the Federal Minister for Health and women or any third party who has been appointed by her/him concerning the regulations to be documented pursuant to § 4 (5), § 5 (6) or § 7 (2), and the nature, extent and results of the checks carried out in this connection Request information to be provided.

Section 3

Information Management

eHealth Directory Service

§ 9. (1) The Federal Minister for Health and Women/The Federal Minister for Health and Women can promote the electronic health data exchange, improve access to information on health-related services as well as to improve access to information on the health and safety of health services. Set up an eHealth directory service for planning and reporting purposes.

(2) The eHealth directory service has, in particular for the data referred to in § 10, a search function designed according to different criteria, which is the retrieval of information on health service providers/providers of health services guaranteed, to be included.

(3) Access to the data contained in the eHealth directory service is to be accessed by the health service providers, the registry offices and the health administration, which are included in the eHealth directory service. to restrict the bodies responsible for public law. In the case of the technical design of the search function, effective mechanisms are also to be implemented to prevent the misuse of data.

(4) The eHealth directory service does not take part in the replication mechanism with other directory services. However, the Federal Minister for Health and Women/The Federal Minister for Health and Women's Health and Women's Health and Women's Health and Women's Affairs can include in particular the date for the start of the replication and the technical circumstances required for this purpose, provide for such participation.

(5) Health service providers registered in the eHealth directory service/health service providers as well as registries are entitled to store the data stored in the eHealth directory service on their systems (mirroring and/or Replication). These data may be used solely for the purpose of electronic health data exchange and for ensuring the timeliness and accuracy of the eHealth directory service and are regular, but at the latest within two Weeks, to update.

(6) The Federal Minister for Health and Women/The Federal Minister for Health and Women's Health and Women's Health and Women's Health and Women's Health and Women's Federal Minister for Health and Women's Health and Women's Health and Women's Affairs can provide detailed rules on the data to be included in the eHealth directory eHealth directory service.

Content

§ 10. (1) The eHealth directory service shall include in particular the following data:

1.		name or name and unambiguous electronic identification (§ 8 E-GovG) of the health service provider,
2.		Information on postal and electronic accessibility,
3.		the unique identifier (OID) and the symbolic identifier,
4.		the role (s) of the health service provider (s),
5.		Geographical localisation information for the health service provider,
6.		the electronic address at which the information necessary for the encryption of health data can be found,
7.		the name of the body (s) which has confirmed the assignment of the role (s) to the health service provider;
8.		the date of registration and the last corrigendum, and the name of the registration office which carried out the entries in the directory.

(2) The unique identifier (par. 1 Z 3) is to be derived from the ÖNORM A 2642, "Communication of open systems, procedures for the registration of information objects in Austria" of 1 March 1997, from the identifier (OID) of the Federal Ministry of Health and Women.

(3) In addition to the data already recorded in accordance with paragraph 1, organizational subdivisions of a health service provider/a health service provider may be included in the eHealth directory service if they are electronically Health data exchange and the organizationally overarching health service provider/health service provider agrees. In this regard, the eHealth directory service shall include the information provided for in paragraphs 1 and 2, with the proviso that the unique identifier of the organizational breakdown from the identifier of the organizationally parent Health service provider/health service provider is to be deducted.

(4) In addition, the directory service may include additional data relating to the health service provider in question or to the health-related electronic services provided by her/him . This additional information shall be related to the detailed description of its role-specific service provision or information which may be required for the retrieval or use of an electronic service. .

Inclusion

§ 11. (1) The inclusion in the eHealth directory service is carried out exclusively at the request of a health service provider/a health service provider and is free of charge. If the health service provider is responsible for the delivery of any required evidence, the health service provider has to bear the costs of the service itself.

(2) The information provided by the health service provider shall be subject to the duty of trustees. This also applies to circumstances requiring a later correction of the eHealth directory service.

(3) The application of the health service provider shall contain the data referred to in § 10 para. 1 Z 1, Z 2, Z 4 and Z 6. In addition, the health service provider shall indicate the symbolic identifier provided for in Article 10 (2) if it differs from the designation in accordance with § 10 (1) (1) (1). Health service providers who do not provide their role-specific healthcare services within the country shall also specify the body to be confirmed in accordance with the legislation applicable to them. the role is authorized.

(4) If the health service provider cannot determine its role on the basis of the regulation in accordance with Article 5 (1), the health service provider shall have the circumstances relevant to the identification of the registration office (professional title, legal status, description of the health-related services provided by it).

(5) Supplementary or supplementary applications, unless they are carried out on the initiative of the Registry, shall contain, in addition to the data to be corrected, the assigned identifier (OID).

Registration procedure

§ 12. (1) The registrar has to check the information provided by the health service provider for completeness and plausibility in a suitable way and to convince himself of her/his identity. Insofar as it is not authorized to assign the specified role in an authentic way, it shall request the approval of the authorized body or request its submission from the healthcare service provider. If the information is incomplete or incorrect, the health service provider (health service provider) must be asked to explain the reasons for improvement. If the improvement attempt is unsuccessful, the inclusion in the eHealth directory service (registration) must be rejected formlessly.

(2) In the case of the registration of health service providers/health service providers who do not provide their health-related services domestily, the Registry shall have the equivalence of the specified role with one in the Regulation pursuant to Article 5 (1) of the Regulation, and to carry out any surveys which may be necessary.

(3) In spite of the additional surveys referred to in paragraph 2, the Registry is of the opinion that the conditions for registration are not unquestionable, it has registered the registration to the Federal Minister for Health and Women/ Federal Minister for Health and Women. The Federal Minister for Health and Women/The Federal Minister for Health and Women has to register after examination of the documents and any further surveys, or, in the absence of any of the requirements, to reject the conditions informally.

(4) The registration shall be blocked at the end of three years from the date of registration or from the last correction of a registration, if not within this period either by the health service provider/from the health service provider or has been updated by the registration office on the basis of its own perceptions. After the expiry of a further two years, the registration shall be deleted, even if no updating has been made within this period. In addition, the Registry shall immediately delete the registration due to a corresponding request from a health service provider/health service provider.

(5) The health service provider/The health service provider shall be informed by the Registry of the registration or via the lock, stating the identifier (OID) assigned to him/him, and after having received information on the the obligation to update the data base or to communicate the consequences of the omission in a formless way. In addition, the health service provider must inform the health service provider informally by the registry via an appropriate erasure.

Registry

§ 13. (1) The Federal Minister for Health and Women/The Federal Minister for Health and Women may, upon request, authorise natural or legal persons to carry out registrations in the eHealth directory service. The application may be restricted to a regional or role-specific area of activity as a registration office. An authorisation shall only be permitted if the applicant proves his/her personal and technical capacity to carry out the registrations and corrections and is obliged to do so.

1.		to notify the Federal Minister of Health and Women/Federal Minister for Health and Women of the Federal Minister for Health and Health three months in advance of the registration.
2.		to carry out the tasks assigned to her/him as a registration office free of charge.

(2) In the empowerment, the Federal Minister of Health and Women/Federal Minister for Health and Women has to designate the extent of the applicant's allowances for the activity as a registration office.

(3) The Federal Minister for Health and Women/The Federal Minister for Health and Women has to publish the registration offices and the extent of their authorisation in an appropriate manner.

Monitoring

§ 14. (1) The Federal Minister for Health and Women/The Federal Minister for Health and Women has to monitor the use of information and communication technologies in order to meet the requirements of the European environment and to monitor the An analysis of effects in the Austrian health system. For this purpose, a national and inter-sectoral reporting system is to be set up, which, on the basis of standardised requirements, should in particular provide information on

1.		the availability of technical infrastructure, including the communication infrastructure;
2.		the nature and extent of the health-related applications and procedures used,
3.		the nature and volume of the electronic health data exchange; and
4.		The economic conditions of the health telematics are possible.
The nature and extent of the related surveys can be determined on the basis of specific role-specific features with varying degrees of detail.

(2) In order to ensure appropriate reporting, the Federal Minister of Health and Women's Federal Minister for Health and Women is entitled to evaluate and use the data stored in the eHealth directory service.

(3) The data collected in accordance with paragraphs 1 and 2 shall be summared in a report on the status of health telematics in Austria. The Federal Minister for Health and Women/The Federal Minister for Health and Women is entitled, the results of this report also for reporting to bodies of the European Union or to other international organisations to use.

(4) The Federal Minister for Health and Women/The Federal Minister for Health and Women can also use information and communication technologies in the health sector, in particular with regard to the related issues. Social policy implications, their influence on the supply quality of the population and their economic impact (influence on the effectiveness and efficiency of the health care system), evaluate. The evaluation measures can be restricted to questions to be determined on a case-by-case basis.

(5) Health service providers and health service providers are obliged to meet the reporting requirements in accordance with paragraph 1 of the above-mentioned scope, respectively. shall be in accordance with the periodicity laid down and shall provide the information required in the context of evaluation measures in accordance with paragraph 4, or to make the required documents available.

Quality assurance of health-related web information

§ 15. (1) The Federal Minister of Health and Women's Federal Minister for Health and Women's Health and Women's Health and Women's Health Minister considers that there is a need to do so, she/he can provide guidance for information-seeking guidelines for the assessment of the quality of to publish health-related information on the Internet.

(2) These guidelines shall, in addition to the presentation of the quality criteria, provide for the establishment of a complaint management system. The guidelines and any results in the context of complaint management shall be published in the Information Service.

(3) To be excluded from the scope of the guidelines are health-related information services which are certified on the basis of comparable quality criteria (quality tested). The relevant quality criteria as well as the relevant service providers shall be published in a suitable manner.

Information Service

§ 16. (1) The Federal Minister for Health and Women/The Federal Minister for Health and Women can set up a publicly accessible, internet-based information service to improve the information bases on the health telematics.

(2) The information service may include, in particular, representations relating to health-related procedures or methods (best practices), as well as further information, provided that such information appears to be appropriate, or state of knowledge on the use of information and communication technologies in the healthcare sector.

(3) Information services may also include information on information objects developed or recommended by health service providers, or recommended by recognised standards bodies (e.g. Codification schemes or code lists), descriptions of standard technical procedures or communication services.

(4) Where an information service is established, it shall include the results of the reporting and evaluations referred to in § 14, as well as the reports to bodies of the European Union or international organisations. Otherwise, these documents shall be published in other appropriate electronic form.

(5) Unpublished publications in the Information Service shall be subject to personal data or will thereby be subject to other rights, such as copyrights, and shall require the publication of the consent of the person concerned or of the holder of such data. Rights.

Section 4

Final provisions

Administrative penalty provisions

§ 17. (1) Provided that the action does not constitute a criminal offence within the jurisdiction of the courts or is punishable by other administrative provisions with a stricter penalty, an administrative surrender shall be carried out with a fine up to € 5,000 is to be punished, who in the electronic health data exchange after 31.12.2007

1.		, contrary to the provisions of § § 3 to 5, it is not required to provide evidence of identity and role or to examine such evidence or
2.		Contrary to the provisions of § 6, the encryption of health data is not used or is used for methods and procedures which do not meet the qualitative requirements in accordance with § 7 (5) or
3.		does not use an electronic signature or uses an electronic signature that does not comply with the qualitative requirements or passes on or uses health data despite the failed signature verification.

(2) An administrative surrender in accordance with para. 1 shall not be punishable if the deed to avert a current or imminent threat to the life of a third party or to avert a current or imminent threat of danger a significant impairment of the physical or mental integrity of a third party.

(3) If the action does not constitute a criminal offence within the jurisdiction of the courts or is punishable by other administrative criminal provisions with a stricter penalty, an administrative surrender shall be punishable by a fine. up to 50,000 euros is to be punished, who uses data or parts of this data for other purposes contrary to the provision of section 9 (5).

(4) The authority responsible for the decisions referred to in paragraphs 1 to 3 shall be the authority in which the administrative surrender has been committed.

In-force pedals

§ 18. This federal law comes with 1. Jänner 2005 in force.

Transitional provisions

§ 19. (1) The operational readiness of the eHealth directory service (§ § 9 to 13) must be given by 1 July 2006 at the latest. However, registrations or the release of access to the eHealth directory service can be made in accordance with an earlier operational readiness, the date of which is provided by the Federal Minister of Health and Women/Federal Minister for Health and Health Women must be published in the information service or in other appropriate ways.

(2) The electronic health data exchange may also be carried out until 31 December 2007 if it does not comply with the provisions of the second section of this Federal Law.

Dismissal and entry into force of regulations

§ 20. Regulations on the basis of this Federal Act, as amended, may already be adopted from the day following the presentation of the legislation to be carried out; however, they shall not be subject to the provisions of the Act to be carried out. Legislative provisions enter into force.

References

§ 21. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in the respectively applicable version.

Enforcement

§ 22. The Federal Minister of Health and Women/Federal Minister for Health and Women is responsible for the enforcement of this federal law.

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