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3. Social Security Amendment Act 2004-3Rd Sväg 2004

Original Language Title: 3. Sozialversicherungs-Änderungsgesetz 2004 - 3. SVÄG 2004

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171. Federal law amending the General Social Security Act, the Industrial Social Security Act, the Farmers ' Social Insurance Act and the Official Health and Accident Insurance Act (3). Social Security Amendment Act 2004-3. SVÄG 2004)

The National Council has decided:

Article 1

Amendment of the General Social Insurance Act (63). Novelle to the ASVG)

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 106/2004, shall be amended as follows:

Part 1

1. In § 31 (3) Z 13, second half-sentence, the expression "Management Board" by the expression "Verbandsvorstand" replaced.

2. The last sentence of section 31 (5a) of the last sentence "the Administrative Board" by the expression "the carrier conference" replaced.

3. In § 31b (2), the term " "the Administrative Board" in each case by the expression "the carrier conference" and the expression "the Management Board" in the third sentence by the expression "the carrier conference" replaced.

4. In the heading to the 6. Subsection of section III of the first part is omitted. "Target agreements and" .

Section 32a together with the headline reads:

" ControllingGroup

§ 32a. The main association is a controlling group with a term of office of five years each, which is responsible for the monitoring and controlling of the administrative trade of the insurance institutions. "

6. § 32b (1) is repealed.

7. The previous paragraphs 2 to 4 of section 32b are given the names "1" to "3" .

8. In § 32b subsection 1 Z 1 (new) the expression "the Management Board" by the expression "the carrier conference" replaced.

9. The last sentence is deleted in Section 32b (1) (new).

10. § 32b (2) (new) Z 1 reads:

" 1.

the target control according to § 441e and ".

11. In § 32b (2) (new) third sentence, the expression "the Management Board" by the expression "the carrier conference" replaced.

12. In § 32c of the first sentence, the expression "§ § 32a and 32b" by the expression "§ § 32b and 441e" replaced.

13. In § 32c second sentence, the expression "the Management Board" by the expression "the carrier conference" replaced.

14. In § 32c, the third sentence is deleted.

Section 32c, fourth sentence, reads:

"The persons appointed shall be entitled to the free time required for the performance of their duties, in the form of payment of their references."

16. In § 32d (2), second sentence, the expression "the Administrative Board" by the expression "the carrier conference" replaced.

17. In accordance with § 32e, the following § 32f shall be inserted with the title:

" Compensation

§ 32f. (1) The members of the controlling group shall be entitled to compensation for travel and subsisting expenses in accordance with the guidelines laid down in § 31 (5) (31) (31).

(2) The chairman of the controlling group and his/her deputy shall be entitled to compensation. The Federal Minister for Social Security, Generations and Consumer Protection, in agreement with the Federal Minister for Health and Women, has to determine the further details by means of a regulation, in which the allowance for one year is 40% of the amount of the compensation granted to the Federal Minister for Health and Women's Health Member of the National Council is not allowed to exceed annually due reference.

(3) The members of the controlling group shall, in so far as they do not apply to them (2), be entitled to a meeting fee, the amount of which the Federal Minister for Social Security, Generations and Consumer Protection shall be entitled to receive in agreement with the Federal Minister for Health and to fix women by regulation.

(4) The activity as a member of the controlling group does not establish a service relationship with the main association. "

17a. In § 34 (2) last sentence, the expression "15. of the Folgemonats" by the expression "End of the Folgemonats" replaced.

18. In § 420 subsection 5 Z 2 first sentence, the expression "The President, the Vice-President and the members of the Administrative Board" by the expression "The chairman of the association, the vice-chairman of the association and the members of the board of the association" replaces and does not include the expression " , the Social and Health Forum Austria " .

19. In § 440 (5) Z 1 the parenthesis shall be "(Annual General Meeting)" by the parenthesis expression "(carrier conference)" and the parenthesis "(Administrative Board)" by the parenthesis expression "(Board of the Union)" replaced.

20. In § 440a (3) Z 3, the expression "Annual General Meeting" by the expression "carrier conference" replaced.

21. In § 440a paragraph 5 Z 2, the parenthesis shall be "(Annual General Meeting)" by the parenthesis expression "(carrier conference)" and the parenthesis "(Administrative Board)" by the parenthesis expression "(Board of the Union)" replaced.

22. In § 440f (4), the parenthesis shall be "(Management)" by the parenthesis expression "(der/the chairperson of the association)" replaced.

23. Section IVa of the Eighth Part reads:

" SECTION IVa

Managing body of the main association

Types of administrative bodies

§ 441. The administrative bodies of the main association are

-

the carrier conference and

-

the leader of the association.

Carrier Conference

Section 441a. (1) The carrier conference shall consist of:

1.

from the Obmen/Obwives and their first deputists/alternates

a)

the General Accident Insurance Institution;

b)

the pension insurance institution,

c)

the Insurance Institution for Railways and Mining,

d)

of the territorial health insurance funds,

e)

the social security institution of the commercial economy,

f)

the social security institution of the farmers,

g)

the insurance institution of the public servants,

h)

the Insurance Institution of the Austrian Notariate and

i)

the largest occupational health insurance fund in accordance with the number of insured persons, and

2.

from three senior citizens 'representatives, the three senior citizens' organizations represented in the Federal Senior Advisory Board (Bundesseniorenbeirat) (§ 3 of the Federal Seniors Act, BGBl. I No 84/1998).

For each Obmann/Obwife and for each First Deputy/First Deputy is to be sent by the board of the respective insurance carrier a deputy/deputy who is from that group of the To choose insurance representatives on the board of directors who are members of the representative. For each senior representative/senior representative, a deputy/deputy is to be sent by the relevant senior citizens ' organisations.

(2) The carrier conference shall be validly eligible if at least half of its members are present. A valid decision shall require the consent of the majority of the votes cast.

(3) The carrier conference shall elect a chairperson/chairperson and two deputies for a functional period of four years for a function period of four years, to which the representative of the carrier conference shall be represented to the board of the association and to the Insurance institutions shall be responsible. Re-elections are admissible. The Chairman shall, in particular, ensure the timely convening of the Conference of Carriers, to lead the Conference of Carriers and to carry out the sitting policy. The more detailed provisions must be taken in a "Rules of Procedure of the Conference of Carriers" (§ 456a) to be adopted by the Conference of the Conference of Carriers.

Verbandsmanagement

§ 441b. (1) The board of directors shall consist of twelve members who shall be sent by the carrier conference for four years on the basis of the proposals submitted in accordance with paragraph 2; for this purpose, one half of the members of the association of members of the group of members shall be: The insurance representatives of the Social Insurance Institute of the Industrial Economy, the Social Insurance Institution of the Farmers and the Insurance Institution of the Social Insurance Institution of the Federal Ministry of Economics and Social Affairs of the Federal Ministry of Economics and Technology Austrian Notariates are the group of the service provider, which is Union Public Service to be proposed member is to be attributed to the group of service employees. Repeated dispatches are allowed. For each member, a substitute member shall be required to be members of the same group as the representative to be represented. If the proposals referred to in paragraph 2 do not take into account an electoral group according to paragraph 3, which in more than one-third of all general meetings of the insurance institutions pursuant to § 441a (1) (1) (1) (1) (1) (1) (1) a to d and i-each in the group of the employees or in the group of the service provider-is represented, the political group in question shall send another member to the board of the association; no right to vote shall be given to that member to.

(2) The public service interests (§ 421) as well as the Austrian Trade Union Confederation and the Conference of Presidents of the Austrian Chamber of Agriculture have a right of proposal subject to the following conditions:

1.

The members of the board of the association shall belong to the circle of the members of the general and supervisory assemblies of the insurance institutions referred to in § 441a (1) (1) (1).

2.

Five members are to be proposed by the Austrian Chamber of Commerce from the circle of the insurance representatives of the service provider and the Federal Chamber of Labour from the circle of the insurance representatives of the employees, with the addition of the consideration of the professional competence of the insurance representatives should also be taken into consideration, that a representative cross-section of all service groups and groups of employees is represented in the board of the association.

3.

One member is to be proposed by the Conference of Presidents of the Austrian Chambers of Agriculture.

4.

A member is to be proposed by the union of Public Service.

5.

For each member, a substitute member shall be proposed to belong to the same group as the representative to be represented.

(3) The Austrian Chamber of Commerce and the Federal Chamber of Labour (Bundesarbeitskammer) have, in their proposals for the elections to be held by the electoral groups in the last preceding elections, to the expert groups and specialist representatives of the Economic Chambers or nominations made to the statutory bodies of the Chambers of Labour of the Länder (full assemblies), based on the results of these elections in accordance with the system d' Hondt.

(4) The Chairman of the Conference of Carriers shall require the representations of the interests referred to in paragraph 2 to reimburse their proposals within a reasonable period of time, which shall be at least one month. If this period is not protected, the chairman of the carrier conference and his/her deputists shall exercise the right of proposal in accordance with the provisions of paragraphs 1 to 3 above.

(5) In the event that the carrier conference does not, in whole or in part, follow the proposal of any of the advocacy groups referred to in paragraph 2, the Chairman of the Conference of Carriers shall invite the relevant representation of interests to be held within a a reasonable period of time, at least 14 days, to resubmit a new proposal; paragraph 4, second sentence, shall apply. At the same time, a new meeting of the carrier conference for the purpose of posting is to be convened. In whole or in part, the sponsoring conference does not follow the proposal of the Chairman of the Conference of the Conference and his/her substitutes (paragraph 1). 4), they shall be required to submit a new proposal within 14 days to a new meeting of the carrier conference.

(6) The board of the association shall be validly quorum if at least half of its members are present. A valid decision shall require the consent of the majority of the votes cast, unless otherwise provided by law.

(7) The Board of the Union shall elect from its centre for the duration of its function period by a majority of the votes cast, a chairman of the association/a chairperson of the association and a deputy chairman of the association, with both the service group must be represented as well as the group of service employees.

(8) The chairman of the association shall be responsible for representing the board of the association with regard to the carrier conference and to the insurance institutions. In particular, he/she has to ensure that the board of the association is convened in good time, to conduct the meetings of the board of the association and to carry out the sitting police. The more detailed provisions are to be taken in a "Rules of Procedure of the Board of the Union" (§ 456a) to be decided by the Board of the Union. In these Rules of Procedure, the more detailed provisions concerning the election of the Chairman of the Union of the Union and the Vice-President of the Union shall also be laid down.

Incompatibility

§ 441c. (1) For the duration of the performance of a function in the Board of the Association, the function as an insurance representative rests in an insurance institution.

(2) The Obbers/Obwives and their first deputists of the insurance institutions referred to in § 441a (1) are excluded from the posting to the Board of the Union of the Union.

(3) The members of the National Council, the Federal Council, the Landtage, the Federal Government and the State Governments shall not be members of the Board of the Association of the Union.

Tasks of the carrier conference

Section 441d. (1) The carrier conference shall meet at least once a year.

(2) The sponsoring conference shall be without prejudice to the tasks mentioned in sections 31 (5a), 31b (2), 32d (2) and 447b (2):

1.

the secondment of the members of the board of the association;

2.

the resolution on the annual estimates presented by the board of the association (budget, including an investment plan); this is the Federal Minister for Social Security, Generations and Consumer Protection and the Federal Minister for Social Security and Social Affairs for the to bring health and women to the attention of women;

3.

the approval of the clearance of accounts and the discharge of the board of the association; this is to be brought to the attention of the Federal Minister for Social Security, Generations and Consumer Protection and the Federal Minister for Health and Women;

4.

Decision-making on the Articles of Association, the model statutes pursuant to § 455 (2), the Musterkrankenordnung pursuant to § 456 and the Model Rules of Procedure in accordance with § 456a as well as their amendments;

5.

the release of a regulation on the contribution of costs pursuant to section 31 (2) (4);

6.

Decision-making on directives governing the conditions of service in accordance with § 31 (3) (9) (9);

7.

Consent to the decisions of the Board of the Association on collective agreements pursuant to Section 31 (3) (11) of the Treaty;

8.

decision-making on directives pursuant to section 31 (5) and amendments thereof;

9.

the decision-making of a mission statement for the main body;

10.

the decision to apply for the prosecution of claims made by the main body against members of the administrative bodies arising from their management, and the appointment of the representatives responsible for the prosecution of those claims;

11.

the resolution on the annual report of the main association and of the funds set up by the financial statements and the statistical remittantions.

(3) The Conference of Carriers may, with the maintenance of its own responsibility, set up committees and transmit them to their respective obstetuits. In any event, it shall form an audit committee responsible for preparing the decisions referred to in paragraphs 2, 2, 2, 3 and 11.

(4) The chairman of the carrier conference and his/her deputists shall be entitled to participate in the meetings of the Board of the Union with an advisory vote. They shall therefore be informed in the same way as their members of each meeting of the Board of the Union of the Union of the Union of the Union of the Union of the Union of the Union and shall be informed of the documents made available to them.

Target Control

§ 441e. (1) The carrier conference shall, after consultation with the insurance institutions and the board of directors, decide on the coordination of the administrative trade of the insurance institutions within the limits of their competence. In doing so, it has to operate a target control system.

(2) The carrier conference shall have health and social policy objectives at the latest in December of each year on the basis of the monitoring in accordance with Section 32b of the health and social policy objectives

1.

for the following calendar year, and

2.

for a medium-term period

to the Commission.

(3) The Chairman of the Conference of the Conference of Presidents shall coordinate these objectives with the Federal Minister for Social Security, Generations and Consumer Protection, and the Federal Minister for Health and Women.

Tasks of the Board of the Union of the Union

§ 441f. (1) The Board of the Association shall be responsible for all tasks of the Main Association, which are not expressly assigned by law of the carrier conference. He represents the main association to the outside world.

(2) The chairman of the association may, with the maintenance of its own responsibility, use committees and transfer these individual duties to these committees.

(3) The management committee has advisory committees for the areas of health insurance and prevention, retirement insurance, accident insurance as well as information technology. These committees may also send the carrier conference from among its members.

(4) In addition, while maintaining its own responsibility, the Management Committee has to transfer the concern of certain current affairs to the management of the association (§ 441g).

(5) The chairperson of the association and vice-chairman of the association shall be entitled to participate in the meetings of the carrier conference with a consultative vote. They shall therefore be informed, in the same way as their members, of each meeting of the Conference of Carriers and shall be informed of the documents made available to them.

(6) The Board of the Union may, by a two-thirds majority, decide to convene an extraordinary meeting of the carrier conference. The Chairman of the Conference of Carriers shall be obliged to execute such a decision of the Board of the Union of the Union without delay.

(7) There is a need for a decision of the board of the association at a time when the latter has not met, and cannot, due to the urgency of the matter, be able to do so until the next regular meeting of the board of the association , the chairman of the association has to convene the board of the association for an extraordinary meeting.

(8) The Board of the Association has to give its opinion on the decisions of the Austrian Social and Health Forum (§ 442) within a reasonable period of time and also to submit this opinion to the carrier conference.

Verbandsmanagement

§ 441g. (1) The association management consists of the senior staff member and his/her maximum of three deputites. They are appointed by the board of the association through a public job advertisement for a term of four years, with the Recruitment Act, BGBl. I n ° 26/1998. Reorders shall be admissible.

(2) The management of the association is bound by the instructions of the board of the association; it has to report regularly to the board of the association about the tasks assigned to it and to provide all information and to submit all the documents which it has to carry out for the purpose of exercising. of its activity.

Participation of the operational representatives in the meetings of the administrative bodies of the main association

§ 441h. Two representatives elected at a joint meeting of the chairpersons of the operating representatives of all insurance institutions from their midst by a simple majority of the votes cast shall be at the meetings of the carrier conference and of the Verbandsboard with an advisory vote participating. § 439 shall apply accordingly. "

24. In the Eighth Part, the following section IVb, including the heading, is inserted after section IVa:

" SECTION IVb

Social and Health Forum Austria

Establishment and composition

§ 442. (1) A "Social and Health Forum Austria" is to be established at the main association, the members of which shall be appointed by the Federal Minister for Social Security, Generations and Consumer Protection in agreement with the Federal Minister for Health and Women. (2) to be ordered for four years.

(2) For each member, the Austrian Chamber of Commerce, the Federal Chamber of Labour, the Senior Citizens ' Council and the Federal Youth Advisory Council shall be entitled to the right of proposal. The Austrian Trade Union Confederation is entitled to the right of proposal for two members, one of which is to be ordered on the proposal of the union Public Service. For each member, the Industriellenvereinigung, the Presidential Conference of the Agricultural Chambers of Austria, the Austrian Medical Association, the Austrian Pharmacists Chamber, the Federal Structural Commission for the Public Sector Hospitals, the Austrian Association for Rehabilitation, the Austrian Bishops 'Conference, the Evangelical Oberkirchenrat A. B. and H. B., the Association of Patients' Attorneys, the Fund Healthy Austria, the Austrian Association for Rehabilitation and Rehabilitation. Austrian Civil Society Association, the War Victims-and Disability Association Austria, the ArGe Self-Help Austria, the Pharamy Association of Pharmaceutical Companies, the Medical Faculties of the Austrian Universities and the Academy of Sciences, the right to the right of proposal. In addition, the Federal Minister of Finance, each State Government, the Austrian Association of Cities, the Austrian Association of Municipalities and each of the political parties represented in the National Council have to propose one member. Finally, the Federal Minister for Health and Women has a health economist/a health economist and another member and the Federal Minister for Social Security, Generations and Consumer Protection two other members under To take account of their professional competence.

(3) The Social and Health Forum Austria shall be eligible for a quorum if at least one third of its members are present. A valid decision shall require the consent of the majority of the votes cast. If the over-voting minority reaches at least the strength of a quarter of the members of the Social and Health Forum in Austria, the deviant opinion of that minority is the decision of the Social and Health Forum. Health Forum Austria to join.

(4) The Federal Minister for Social Security, Generations and Consumer Protection, on a proposal from the Social and Health Forum Austria, appoints a chairperson/chairperson and a deputy from the centre of the Austrian Social and Health Forum. The Chairperson is responsible for representing the Social and Health Forum in Austria with regard to the administrative bodies of the main association, as well as to the insurance institutions and to the outside. In particular, it is responsible for ensuring the timely convening of the Social and Health Forum in Austria, to conduct meetings and to exercise the seat policy. The more detailed provisions are to be taken in a "Rules of Procedure of the Social and Health Forum Austria" (§ 456a) to be decided by the Social and Health Forum Austria.

Tasks

Section 442a. The Social and Health Forum Austria is responsible for advising the carrier conference, the association board, the Federal Minister for Social Security, Generations and Consumer Protection, and the Federal Minister for Health and Women in questions of the General social policy developments. One of the tasks of the Social and Health Forum Austria is to monitor current and future socio-political developments, to investigate and to investigate the situation in the future. by awarding research contracts, and, on this basis, to make proposals to improve social services or to minimize costs for social insurance institutions and the main body. The results of the research are to be published in an annual "White Paper on Austrian Social Policy".

Compensation

§ 442b. (1) The activity as a member of the Social and Health Forum Austria takes place on the basis of a public obligation and does not establish a service relationship with the main body.

(2) The members of the Social and Health Forum Austria shall be entitled to reimbursement of travel and subsisting expenses in accordance with the guidelines laid down in § 31 paragraph 5 Z 31.

(3) The Chairperson of the Social and Health Forum Austria and his/her deputy or his/her deputy shall be entitled to compensation. The Federal Minister for Social Security, Generations and Consumer Protection, in agreement with the Federal Minister for Health and Women, has to determine the further details by means of a regulation, in which the allowance for one year is 40% of the amount of the compensation granted to the Federal Minister for Health and Women's Health Member of the National Council is not allowed to exceed annually due reference.

(4) The members of the Social and Health Forum Austria shall, insofar as they do not apply to them (3), be entitled to a meeting fee, the amount of which the Federal Minister for Social Security, Generations and Consumer Protection shall be entitled to receive in agreement with the The Federal Minister for Health and Women's Health and Women's Affairs has been set to be established by

24a. In § 446a second sentence, after the expression "§ 81 (2)" the expression " as well as for the establishment of subsidiaries and/or participation in further associations and companies within the framework of such financing and operating models " inserted.

25. In § 447b (2) penultimate sentence, the expression "the Administrative Board" by the expression "the carrier conference" replaced.

25a. According to Article 448 (1), the following paragraph 1a is inserted:

" (1a) The supervision of the Federal Government shall also be subject to the (established) associations, funds or companies with limited liability established pursuant to section 81 (2) of the financial and operator models. Associations, funds or companies with limited liability, in which the main body or at least one insurance institution is involved in the framework of such a financing and operating model. In any case, this shall apply as long as the participation of the main association or the insurance institution has an extent of at least 50%, or the corporate or voting rights are at least 50%. In the case of a minority shareholding of the main association, the insurance institutions shall ensure the supervisory rights of the federal government in an appropriate manner. "

26. In § 448 (3) penultimate sentence, the parenthesis shall be "(the Administrative Board of the Main Association)" by the parenthesis expression " (100%) 50% of the lowest functional fee of a member of the Board of Directors of the main association) " replaced.

27. In § 453, para. 2, first sentence, the parenthesis shall be "(Annual General Meeting)" by the parenthesis expression "(carrier conference)" , the parenthesis "(Administrative Board)" by the parenthesis expression "(Board of the Union)" and the parenthesis "(Presidents)" by the parenthesis expression "(des/der Verbandschairenden)" replaced.

28. In § 453, para. 2, second sentence, the parenthesis shall be "(Presidents)" by the parenthesis expression "(des/der Verbandschairenden)" replaced.

29. In § 453, para. 2, last sentence, the parenthesis shall be "(President)" by the parenthesis expression "(der/the chairperson of the association)" replaced.

30. In § 455 (3), first sentence, the expression "Management" by the expression "carrier conference" replaced.

31. In § 455 (3), second sentence, the expression "Management" by the expression "carrier conference" replaced.

32. In § 456a para. 1, after the expression "Insurance carrier" the expression "and the main association" inserted.

33. § 456a (3) first sentence reads:

" The rules of the Management of the Board of Management (the Conference of Carriers, the Board of Directors) shall contain Annexes in which the date and the text of the decisions of those bodies shall be established in order to bring them into line with each other's obligations. committees or the Obmann/Obwife or the errands of certain current affairs have transferred to the office of the insurance carrier (the association management of the main association). "

34. In § 456a (4) the expression "for the Annual General Meeting, the Management Board and the Board of Directors" by the expression "for the General Assembly, the Board of Directors and the Supervisory Assembly" replaced.

35. In § 460 (1), third sentence, the parenthesis shall be "(Board of Directors)" by the parenthesis expression "(association's pretext)" replaced.

36. In § 460 para. 3, first sentence, the parenthesis shall be "(der Management)" by the parenthesis expression "(association's pretext)" replaced.

37. In § 460 (3), second sentence, the parenthesis shall be "(Board of Directors)" by the parenthesis expression "(der/the chairperson of the association)" replaced.

38. In § 460 (5), first sentence, the parenthesis shall be "(the managing director responsible for personnel matters)" by the parenthesis expression "(dem/of the chairman of the association)" replaced.

39. In § 593 (3) third sentence, the parenthesis shall be "(der Management)" by the parenthesis expression "(Board of the Union)" replaced.

40. In accordance with § 617 the following § 618 shall be added together with the heading:

" Final provisions on Art. 1 Part 1 of the Federal Law BGBl. I No 171/2004 (63). Novelle)

§ 618. (1) § § 31 (3) (13) and (5a), 31b (2), 31b (2), (2), (2), (2), (2), (2), (2), (4) (2), (2), (2), (4) (3) and (5) (2), (2), (4), (4), (4), (4), (4), (441) to 441h (4), (4), (4), (4), (4), up to 442b including headlines, 446a, 447b (2), 448 (1) and (3), 453 (2), 455 (3), 456a (1), (3) and (4), 460 (1), (3) and (5) and 593 (3) and the title to 6. Subsection of Section III of the First Part in the version of the Federal Law BGBl. I n ° 171/2004 are due to 1. Jänner 2005 in force.

(2) Section 32b (1) shall expire on the expiry of 31 December 2004.

(3) The three senior citizens 'organizations represented in the Federal Senior Advisory Board (Bundesseniorenbeirat) (§ 3 of the Federal Seniors' Act, BGBl. I n ° 84/1998) are obliged to do so in accordance with Section 441a (1) of the Federal Law Gazette (BGBl). I n ° 171/2004 to designate members of the carrier conference to be held until 31 December 2004 and to make known to the Federal Minister for Social Security, Generations and Consumer Protection.

(4) The members of the carrier conference according to § 441a in the version of the Federal Law BGBl. I n ° 171/2004 will be invited for the first time by the Federal Minister for Social Security, Generations and Consumer Protection for the constitutive meeting. The first meeting of the conference is the constitution of the conference. In the constitutive meeting, the members of the carrier conference elect a chairperson and two chairperson-vice-chairs from among their midst; the oldest member of the county of the Obmen/Obwives, who is in life years, will lead the event the Presidency. The sponsoring conference has been held up to 31 December. In 2005, the members and the replacement members of the Board of the Association shall be sent; the relevant proposals of the representations of interest shall be up to the maximum of 7. Jänner 2005.

(5) The members of the Board of the Association pursuant to § 441b in the version of the Federal Law BGBl. I N ° 171/2004 will be invited for the first time by the Chairman of the Conference of the Conference of the Conference of the Conference of the Conference of Presidents, in such a way as to enable the Executive Board to carry out its duties and obligations as of 1 February 2005. With his first meeting, the association's president is constituted. In the constitutive meeting, the members of the board of the association elect a chairperson of the association from among their members and a representative of the association of the association and a deputy chairman of the association; the chairperson of the conference will lead the conference. the Presidency.

(6) The Management Committee has to appoint the association management with effect from 1 April 2005 until 31 March 2005.

(7) Until the end of 31 March 2005, the previous management pursuant to sections 441c and 442b of the ASVG, in the version in force on 31 December 2004, shall conduct the business of the Main Association under the direction of the Board of Directors and of the Board of Directors. Carrier conference continued. Until the constitution of the carrier conference in accordance with paragraph 4, the Administrative Board pursuant to Articles 441b and 442a of the ASVG shall be in force in the version in force on 31 December 2004 and the General Meeting pursuant to Sections 441a and 442 of the ASVG in the current General Meeting of the Board of Directors in force on 31 December 2004. To continue to carry out their tasks. "

Part 2

1. § 26 para. 1 Z 4 lit. a in the version of the Federal Law BGBl. I No 145/2003, no "with the exception of the small cable cars," .

1a. In § 31 (5) Z 16, after the expression "Sickness Fee" the expression "and from the service fee" inserted.

2. § 31 (5) Z 33 is repealed.

2a. § 31c, together with the headline, reads:

" Sickness note replacement

§ 31c. (1) A chip card to be used within the ELSY (in particular the e-card) has to replace all types of health insurance (health insurance cheques, treatment notes, patient notes, medical aid). For this purpose, it shall be subject to any use of a contractual partner/contract partner equipped with the relevant technical infrastructure (§ § 338 et seq.) from the time of availability. . The Federal Minister for Health and Women is empowered to set the date in the introductory period at the regional level, from the date of submission of the medical card due to the secure availability of the technical infrastructure of the e-card is to be seen.

(2) For the e-card, a service fee of 10 euros per calendar year for the account of the insurance carrier must be paid by the person entitled to the payment. For the persons referred to in § 135 (3) Z 1 to 6, the service fee is not payable.

(3) The service fee is to be raised by 15 November for the following calendar year, for the first time on 15 November 2005 for the year 2006, by the insured person/insured person for himself and his/her relatives by

1.

the service provider or service provider; or

2.

which would otherwise be used to issue medical certificates (para. 1) After the removal of the sick person by the e-card last required place

and in appropriate application of the rules on the general contributions to the health insurance institution. The main association may provide for deviating provisions concerning the removal of the service charges to the health insurance institutions in the regulation provided for in paragraph 4.

(4) If the service fee for a calendar year has been raised several times by an eligible person, the amounts in excess of paragraph 2 shall be refunded upon request. The details must be regulated by a regulation of the main association. "

3. § 53b in the version of the Federal Law BGBl. I n ° 145/2003 together with the heading is:

" Subsidies to the service providers

§ 53b. (1) The employer may receive grants from the accident insurance funds for the partial remuneration of the expenses for the payment of the fee, including any special payments within the meaning of § 3 of the EFZG or comparable Austrian Legislation is to be made to the General Accident Insurance Institution or the Insurance Institution for Railways and Mining and to Accident Insurance for Accident Insurance employees.

(2) (1) shall apply in the event of a disease in the event of a disease in such a way that the subsidies are charged

1.

only those service providers who regularly employ fewer than 51 employees in their company, with the number of employees to be determined according to § 77a of the German ASchG (German),

2.

from the eleventh day of the payment of the remuneration up to a maximum of six weeks per working year (calendar year), provided that the incapacity to work on which the payment for payment has been based has lasted for more than ten consecutive days, and

3.

in the amount of 50% of the corresponding unpaid remuneration, including any special payments, with the dismissal of the maximum contribution basis (Section 108 (3)).

(3) Paragraph 1 shall apply in the event of an accident in the event of an accident in such a way that the subsidies are charged

1.

only those service providers who regularly employ fewer than 51 employees in their company, with the number of employees according to § 77a of the ASchG being to be determined,

2.

from the first day of payment for payment up to a maximum of six weeks per working year (calendar year) and

3.

in the amount of 50% of the corresponding unpaid remuneration, including any special payments, with the dismissal of the maximum contribution basis (Section 108 (3)).

(4) The grant of the grants and their settlement shall be regulated by means of a regulation to be adopted by the Federal Minister for Health and Women in agreement with the Federal Minister for Economic Affairs and Labour. "

4. In § 71 paragraph 1 in the version of the Federal Law BGBl. I No 106/2004 shall be the expression of: " § 26 para. 1 Z 4 lit. a to d " by the expression " § 26 para. 1 Z 4 lit. a to e " replaced.

5. § 71 (3) in the version of the Federal Law BGBl. I No 145/2003, no "in advance" .

6. § 128 with headline reads:

" Benefits with multiple insurance

§ 128. In the case of multiple health insurance in accordance with the provisions of this or another federal law, the benefits in kind (the reimbursement of costs instead of benefits in kind) shall be granted only once for one and the same insurance case, and the insurance institution which the insured person shall take first. The cash benefits from any of the eligible insurance companies. "

7. The previous text of § 131b receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) A subsidy is to be established for an outpatient treatment of tumors by means of punctiform irradiation of the tumor with protons and/or carbon ions. The amount of the grant shall be based on the extent of the average cost of foreign legal insurance institutions established in a Member State of the European Economic Area for this treatment, provided that such treatment Treatment in the country concerned also takes place on an outpatient basis. "

7a. In § 135 (3) in the version of the Federal Law BGBl. I n ° 140/2002, the second sentence shall be replaced by the following sentence:

"A service fee according to § 31c is to be paid for the e-card."

7b. In § 153 (4), as amended by the Federal Law BGBl. I No 140/2002 shall be replaced by the second sentence and the third sentence by the following sentence:

"A service fee according to § 31c is to be paid for the e-card."

8. In § 172 (1), last sentence, after the expression "ASchG" the expression "and grants for the partial remuneration of the costs of payment for payment in accordance with § 53b" inserted.

9. In § 173, at the end of Z 2, the point is replaced by a stroke point and the following Z 3 is added:

" 3.

in the case of an accident caused by a disease or an accident, the insured person:

Grants for partial compensation of the costs of the payment for payment in accordance with § 53b. "

9a. § 175 (5) Z 1 reads:

" 1.

in the case of participation in school events, school-related events as well as individual occupation (educational) guidelines according to § § 13, 13a and 13b of the German School Education Act, BGBl. No 472/1986; '

10. § 447h together with headline reads:

" Funds for screening (healthy) investigations and health promotion

§ 447h. (1) The main association is to establish a fund for the provision of care (healthy) and to promote health promotion. The assets of this Fund shall be managed separately from the other assets of the Main Association. For each year, a clearance of accounts must be drawn up, which must, in any case, consist of a statement of success and a final balance sheet at the end of the year. In addition, a business report must be drawn up at the end of each year and must be submitted to the Federal Ministry of Health and Women with the closure of the accounts.

(2) The funds of the Fund shall be financed by:

1.

remittantions pursuant to section 447a (8) (2);

2.

other Revenue.

(3) The funds of the Fund shall be used for the provision of preventive (healthy) investigations and for actions coordinated by the main body in the field of health promotion. At least 10% of these funds are to be used for national measures to promote and increase the use of screening (healthy) studies and health promotion measures; the main association has the use of these funds. To plan funds by 31 August each year and to coordinate with the Federal Minister for Health and Women. The transfer of the remaining funds to the health insurance institutions under this federal law, the social security institution of the commercial economy, the social security institution of the farmers and the insurance institution publicly Staff members of the sickness insurance scheme shall be provided on the basis of the entry into force of the agreement

1.

in 2005 according to the key of § 447f (11) (2) and (2)

2.

in the years 2006 to 2008, taking into account the development of the provision (healthy) studies by decision of the carrier conference.

(4) The main association has until 30 June for the previous year, for the first time until 30 June 2006 and for the last time up to 30 June 2009, the Federal Ministry for Health and Women and the Federal Ministry for Social Security, To submit a report on the development of prevention (healthy) and health promotion measures to generations and consumer protection. In particular, this report shall include:

1.

the numerical development of the provision (healthy) examinations and a presentation of the measures to increase the use of the provision (healthy) studies,

2.

an evaluation of the impact of the changes in the investigative programme and a cost-benefit assessment, including a forecast of the development of the three-year period,

3.

the impact on benefits not included in the investigative programme,

4.

A targeted evaluation of the screening (healthy) studies according to specific risk groups,

5.

health promotion measures financed in coordination by the main body (part). "

11. § 473 (3) in the version of the Federal Law BGBl. I n ° 145/2003, the following expression: "according to § § 472 and 474" by the expression "according to § 472" replaced.

12. § 474 (2) in the version of the Federal Law BGBl. I No 106/2004 shall be repealed.

13. § 474 (3) in the version of the Federal Law BGBl. I No 106/2004 shall be replaced by the name of "(2)" .

14. In § 597 (6) the expression "2004" by the expression "2005" replaced.

15. In § 600 (1), the Z 4a shall be replaced by the following Z 4a and 4b:

" 4a.

with 1. Jänner 2005 § 58 (6) in the version of the Federal Law BGBl. I No 140/2002;

4b.

with 1. January 2006 § § 31 (5) Z 16, 135 (3), 153 (4) and 361 (3) in the version of the Federal Law BGBl (Federal Law Gazette). I No 140/2002; '

16. In § 609 (1) Z 2, the expression "474 (1), (2) and (3) (new)" by the expression "474 (1) and (2)" replaced.

Section 609 (5), first sentence reads:

" The main association has a contract with the Austrian Medical Association for the Insurance Institution for Railways and Mining by 31 March 2005 at the latest on a contract for relations with the freelance doctors and the group practices complete. "

18. § 609 (5) second sentence reads:

" In the meantime, Section 343 (1) shall apply in the version valid on 31 December 2004 for persons insured with the Insurance Institution for Railways and Mining,

1.

for which, on 31 December 2004, the insurance institution of the Austrian mining company was responsible for health insurance,

2.

which, after 31 December 2004, is subject to the conditions laid down in Article 26 (1) Z 4 lit. i to l,

3.

which, after 31 December 2004, relate to a pension pursuant to Section IV of the Fourth Part of this Federal Law,

4.

which, after 31 December 2004, take up the ordinary or extraordinary attendance service and which, immediately before the presence of the presence service, the conditions pursuant to section 26 (1) (4) (4) (lit). i to l have been fulfilled. "

19. According to Section 609 (9), the following paragraph 9a is inserted:

" (9a) In a framework agreement or regulation in accordance with paragraph 9 it is to be determined that the obtaining of the medical authorization of the principal and controlling service of the social insurance institutions pursuant to section 350 (3), first sentence, using the technical infrastructure of the e-card. In order to ensure the use of the technical infrastructure of the e-card for this purpose, the Regulation referred to in paragraph 9 may provide for the mandatory disclosure of technical requirements by the main association. If the technical infrastructure of the e-card is not available for this purpose after 31 December 2004, the Regulation referred to in paragraph 9 may be subject to the following control, in place of the authorisation of the principal and the control, under the appropriate application. § § 31 (3) Z 12 lit. b, par. 5 Z 13, 343 (5) and 350 (3) with the proviso that the documentation of the particular use shall be replaced by a documentation on the selection of the proprietary medicinal product. The total contract partners according to § 341 may be exempted or applied for the maintenance of the approval of the principal and the supervisory approval. "

20. In accordance with § 618, the following § 619 shall be added together with the heading:

" Final provisions on Art. 1 Part 2 of the Federal Law BGBl. I No 171/2004 (63). Novelle)

§ 619. (1) It shall enter into force:

1.

with 1 December 2004 § 609 (9a) in the version of the Federal Law BGBl. I No 171/2004;

2.

with 1. January 2005 § § 26 (1) Z 4 lit. a, 31 (5) Z 16, 31c with title, 53b including title, 71 para. 1 and 3, 128 with title, 172 para. 1, 173 Z 2 and 3, 175 para. 5 Z 1, 447h with title, 473 para. 3, 474 para. 2 in the version of the Z 13, 597 (6), 600 (1) (4a) and (4b) and 609 (1) (2) and (5) in the version of the Federal Law BGBl (Federal Law Gazette). I No 171/2004;

3.

with 1. January 2006 § § 135 (3) and 153 (4) in the version of the Federal Law BGBl (Federal Law Gazette). I No 171/2004;

4.

with 1. Jänner 2008 § 131b in the version of the Federal Law BGBl. I No 171/2004.

(2) § § 31 (5) Z 33 and 474 (2), as amended by Z 12, shall expire on 31 December 2004.

(3) Total contract partners according to § 341 may by agreement the necessary medical permits required for the delivery of proprietary medicinal products on the account of a social insurance institution (§ 350 para. 3 first sentence) of the principal and control-noisy Suspend the service of social security institutions. The maintenance of the financial balance of the social security system must be ensured by binding targets. Extensions of the agreement can only be made as long as the targets are not exceeded. The required content of the agreement is to be determined in the framework agreement or the regulation according to § 609 (9).

(4) By 31 May 2005, the Federal Minister for Health and Women, the Federal Minister for Health and Women, has a proposal for a new regulation on structural compensation, drawn up jointly with the health insurance institutions represented in the compensation fund. between the territorial health insurance funds. "

Article 2

Amendment of the Industrial Social Insurance Act (30). Novelle to GSVG)

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I No 105/2004, shall be amended as follows:

1. According to Article 85 (4), the following paragraph 4a is inserted:

" (4a) An outpatient treatment by means of a punctiform irradiation of the tumor with protons and/or carbon ions is to be determined by means of a punctiform irradiation of the tumour. The amount of the cost replacement shall be based on the extent of the average cost of foreign legal insurance institutions established in a Member State of the European Economic Area for this treatment, if the latter are Treatment in the country concerned also takes place on an outpatient basis. "

Section 87, together with the title, reads:

" Benefits with multiple insurance

§ 87. (1) In the case of multiple statutory health insurance, the benefits in kind and cash benefits, in so far as the reimbursement of costs instead of benefits in kind, are to be granted only once for the same type of insurance, and by the institution of the health insurance which the insured person takes first. The other cash benefits shall be charged to each of the health insurance schemes under consideration.

(2) If an insured person is entitled to benefits under Article 96 (2) in the case of the administration of the institution, such benefits shall be those benefits, insofar as they are in the case of the use of another health insurance provider on the extent of the benefits provided by the latter. In addition, the insurance institution shall provide the insurance institution with additional benefits. "

2a. § 109 together with the title is:

" Use of smart cards

§ 109. § 31c of the ASVG must be applied with the proviso that it is necessary to provide in the articles of association a service charge to be raised by the persons entitled to the claim. The statutes must be taken into consideration in terms of the financial performance of the insurance carrier. The insurance carrier shall be collected. "

2b. In § 218a, second sentence, after the expression "§ 43 (2)" the expression " as well as for the establishment of subsidiaries and/or participation in further associations and companies within the framework of such financing and operating models " inserted.

(2c) The following paragraph 1a is inserted in accordance with Article 220 (1):

" (1a) The supervision of the Federal Government shall also be subject to the (established) associations, funds or companies with limited liability established pursuant to section 43 (2) within the framework of financing and operating models. Associations, funds or companies with limited liability in respect of which the insurance institution is involved in the framework of such a financing and operating model. In any event, this shall apply for as long as the participation of the insurance carrier comprises at least 50% or the shares of the company or voting rights are at least 50%. In the event of a minority shareholding of the insurance carrier, the supervisory rights of the federal government shall be ensured in an appropriate manner. "

3. In accordance with § 306, the following § 307 shall be added together with the heading:

" Final provisions on Art. 2 of the Federal Law BGBl. I No 171/2004 (30). Novelle)

§ 307. The following shall enter into force:

1.

with 1. Jänner 2005 § § 87 with title, 109 with title, 218a and 220 para. 1a in the version of the Federal Law BGBl. I No 171/2004;

2.

with 1. Jänner 2008 § 85 para. 4a in the version of the Federal Law BGBl. I No 171/2004. '

Article 3

Amendments to the Farmers ' Social Security Act (29). Novelle to the BSVG)

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I No 105/2004, shall be amended as follows:

1. In § 80 (2), the third and fourth sentences are replaced by the following:

" For medical assistance and surgically presumptive dental treatment by established doctors, Dentists and group practices, the share of costs (treatment fee) is 7,14 euros per treatment case and quarter. As a case of treatment, the benefit utilisation is also valid for several times in the quarter. "

1a. The following paragraph 8 is added to § 80:

" (8) An outpatient treatment with protons and/or carbon ions in the form of a punctiform irradiation of the tumor with protons and/or carbon ions shall be determined by means of a cost grant in accordance with paragraph 1. The amount of the cost subsidy shall be based on the extent of the average cost of foreign legal insurance institutions established in a Member State of the European Economic Area for this treatment, provided that such costs are: Treatment in the country concerned also takes place on an outpatient basis. "

§ 80a and headline reads as follows:

" Services in the case of multiple insurance in the health insurance

§ 80a. In the case of multiple health insurance in accordance with the provisions of this or another federal law, the benefits in kind (the reimbursement of costs instead of benefits in kind) shall be granted only once for one and the same insurance case, and the insurance institution which the insured person shall take first. The cash benefits from any of the eligible insurance companies. "

2a. § 101a together with the headline reads:

" Use of smart cards

§ 101a. § 31c of the ASVG must be applied with the proviso that it is necessary to provide in the articles of association a service charge to be raised by the persons entitled to the claim. The statutes must be taken into consideration in terms of the financial performance of the insurance carrier. The insurance carrier shall be collected. "

2b. In § 206a second sentence, after the expression "§ 41 (2)" the expression " as well as for the establishment of subsidiaries and/or participation in further associations and companies within the framework of such financing and operating models " inserted.

(2c) The following paragraph 1a is inserted after section 208 (1):

" (1a) The supervision of the Federal Government shall also be subject to the (established) associations, funds or companies with limited liability (established) established pursuant to section 41 (2) of the Financial Regulation and the operating model. Associations, funds or companies with limited liability in respect of which the insurance institution is involved in the framework of such a financing and operating model. In any event, this shall apply for as long as the participation of the insurance carrier comprises at least 50% or the shares of the company or voting rights are at least 50%. In the event of a minority shareholding of the insurance carrier, the supervisory rights of the federal government shall be ensured in an appropriate manner. "

2d. In § 284 (1), the Z 3 is replaced by the following Z 3 and 3a:

" 3.

with 1. Jänner 2004 § § 165 and 168 and in the version of the Federal Law BGBl. I No 142/2002;

3a.

with 1. January 2006 § § 85 (3) and 95 (5) in the version of the Federal Law BGBl. I No 142/2002; '

3. In accordance with § 295, the following § 296 together with the title is added:

" Final provisions on Art. 3 of the Federal Law BGBl. I No 171/2004 (29). Novelle)

§ 296. The following shall enter into force:

1.

with 1. January 2005 § § 80 (2) third sentence and fourth sentence, 80a including the title, 101a, 206a and 208 para. 1a in the version of the Federal Law BGBl. I No 171/2004;

2.

with 1. Jänner 2008 § 80 (8) in the version of the Federal Law BGBl. I No 171/2004;

3.

Retroactively with 31 December 2003 § 284 (1) Z 3 and 3a in the version of the Federal Law BGBl. I No 171/2004. '

Article 4

Amendments to the Official Health and Accident Insurance Act (32. Novelle to B-KUVG)

The Civil And Accident Insurance Act, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I n ° 145/2003, shall be amended as follows:

1. § 1 para. 1 Z 17 lit. b is the following sublit. cc is added:

" cc)

whose service is based on the State Contract Teachers Act 1966, BGBl. No 172, based on and after the end of 31 December 2000; "

2. § 2 para. 1 first sentence reads:

"Without prejudice to the provisions of paragraph 2, the sickness insurance scheme shall not apply only to the activities covered by the following exceptions:"

3. In § 2 (1) (2) (2), the term " "Health and accident care of officials of the state capital of Innsbruck," .

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

"This applies equally to the teachers of the Federal State of Vienna in accordance with the Land Contract Teacher Act 1966, including the recipients of a pension arising from this activity or of a transitional money resulting from this activity."

5. The following half-sentence shall be added to section 19 (1) Z 3:

" except for the contributions made by the employer to the insured persons within the meaning of Section 15 of the Federal Act on the Federal Act of the Federal Republic of Germany, Federal Law Gazette (BGBl). I n ° 64/1997, or similar national legislation to a pension fund, provided that they are not subject to income tax liability in 1988 under Section 26 (7) of the Income Tax Act (Einkommensteuergesetz 1988); "

6. In § 26 (1) (3), the following half-sentence is added:

"§ 19 (1) (3) second half-sentence shall apply;"

7. § 57 together with headline reads:

" Benefits with multiple insurance

§ 57. In the case of multiple health insurance in accordance with the provisions of this or another federal law, the benefits in kind (the reimbursement of costs instead of benefits in kind) shall be granted only once for one and the same insurance case, and the insurance institution which the insured person shall take first. The cash benefits from any of the eligible insurance companies. "

8. The previous text of § 60a receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) A subsidy is to be established for an outpatient treatment of tumors by means of punctiform irradiation of the tumor with protons and/or carbon ions. The amount of the grant shall be based on the extent of the average cost of foreign legal insurance institutions established in a Member State of the European Economic Area for this treatment, provided that such treatment Treatment in the country concerned also takes place on an outpatient basis. "

8a. § 63 (3) is repealed.

8b. § 69 (4) is repealed.

8c. § 86 with title reads:

" Use of smart cards

§ 86. § 31c of the ASVG must be applied with the proviso that it is necessary to provide in the articles of association a service charge to be raised by the persons entitled to the claim. The statutes have to be taken into account in the financial performance of the insurance institution. "

9. In § 194 (2), the term " " on the entry into force of § 57 in the version of the Federal Law BGBl. I No 174/1999 and the expression "2005" is expressed by the expression "2006" replaced.

10. In § 203 (2), the expression "2004" by the expression "2005" replaced.

11. In accordance with § 209, the following § 210 shall be added together with the heading:

" Final provisions on Art. 4 of the Federal Law BGBl. I No 171/2004 (32). Novelle)

§ 210. (1) It shall enter into force:

1.

with 1. January 2005 § § 1 paragraph 1 Z 17 lit. b sublit. cc, 2 para. 1 first sentence and para. 2, 19 para. 1 Z 3, 26 para. 1 Z 3, 57 with title, 86 with title, 194 para. 2 and 203 para. 2 in the version of the Federal Law BGBl. I No 171/2004;

2.

with 1. Jänner 2008 § 60a in the version of the Federal Law BGBl. I No 171/2004;

3.

Retroactive with 1. October 2004 § 2 para. 1 Z 2 in the version of the Federal Law BGBl. I No 171/2004.

(2) § § 63 (3) and (69) (4) shall expire on 31 December 2005. "

Fischer

Bowl