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239. Regulation of the Federal Minister for Social Security, Generations and Consumer Protection on the data to be transmitted by the civil status authorities to the territorial health insurance funds (civil status data regulation)
Pursuant to Section 360 (5) of the General Social Insurance Act (ASVG), BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 18/2004, is being prescribed in agreement with the Federal Minister for Health and Women:
Subject matter
§ 1. This Regulation regulates the scope and nature of the data to be transmitted by the civil status authorities to the territorial health insurance funds pursuant to Section 360 (5) of the ASVG, as well as their use with the insurance institutions.
General
§ 2. (1) In accordance with Section 360 (5) of the ASVG, the civil status authorities may only transmit those data which are known within the framework of the relevant legal proceedings. The self-determination of additional data is not allowed.
(2) In any event, the communication shall contain the following data:
| 1. |
the matricist (registration office), including the number of the civil status process, |
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| 2. |
the date of assessment. |
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(3) The nationality shall be notified if it is known to the authority of the civil authority.
(4) Academic degrees are considered to be the name within the meaning of this Regulation.
Birth, recognition of fatherhood, change of lineage by judicial decision (declaration of acceptance), legitimation, acceptance of a child instead of incognitoadoption
§ 3. (1) The civil status authority which carries out the birth register shall inform the Regional Sickness Insurance Fund
| 1. |
each birth by providing the following data: |
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| a) |
Family names and first names of the child, |
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| b) |
Day and place of birth, |
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| c) |
Sex of the child, |
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| d) |
Family names, first names and previous names of the father, |
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| e) |
Day and place of the birth of the Father, |
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| f) |
Family names, first names and previous names of the mother, |
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| g) |
Day and place of birth of the mother, |
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| h) |
the residence address of the parents, in the case of separate residenes, both residential addresses, |
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| i) |
Indication of whether it is a marijuly or illegitimate birth, |
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| j) |
in the case of matrimony: marriage data of the parents; |
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| 2. |
any recognition of paternity and any change in origin by means of a court decision (declaration of acceptance) by providing the following data: |
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| a) |
Family names prior to recognition of fatherhood or Child's illegitimate statement, |
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| b) |
Family names after recognition of paternity or paternity Child's illegitimate statement, |
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| c) |
First name of the child, |
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| d) |
Day and place of birth of the child, |
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| e) |
Family names, first names and previous names of the recognizing or of the previous father, |
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| f) |
Day and place of birth of the recognition or of the previous father, |
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| g) |
Residence address of the recognition or of the previous father, |
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| h) |
Family names, first names and previous names of the mother, |
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| i) |
Day and place of birth of the mother, |
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| j) |
living address of the mother; |
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| 3. |
each legitimation by providing the following data: |
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| a) |
Day and place of the birth of the legitimized, |
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| b) |
Family names of the legitimated before the legitimation, |
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| c) |
Family names of the legitimated after the legitimation, |
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| d) |
The first name of the legitimized, |
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| e) |
the date of the validity of the legitimation; |
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| f) |
Family names, first names and previous names of parents, |
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| g) |
Day and place of birth of parents, |
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| h) |
Residence address of the legitimated; |
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| 4. |
Each acceptance of a child instead of by providing the following data: |
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| a) |
Day and place of birth of the person taken, |
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| b) |
Family names of those taken before the adoption of a child, |
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| c) |
The family name of the person taken after the adoption of a child, |
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| d) |
The first name of the person being taken, |
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| e) |
The sex of the person being taken, |
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| f) |
Date of effectiveness of the adoption of the child, |
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| g) |
Day and place of birth of the former parents or of the former parent, |
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| h) |
Family names, first names and previous names of previous parents or of the former parent, |
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| i) |
Day and place of birth of the accepting person, |
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| j) |
Family names, first names and previous names of the accepting and/or of the electors, |
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| k) |
in the case of married persons: marriage data, |
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| l) |
Residence address of the accepting person; |
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| 5. |
Each incognitoadoption by providing the following data: |
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| a) |
Day and place of birth of the person taken, |
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| b) |
Family names of those taken before the adoption of a child, |
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| c) |
The family name of the person taken after the adoption of a child, |
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| d) |
The first name of the person being taken, |
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| e) |
The sex of the person being taken, |
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| f) |
Date of effectiveness of the adoption of the child, |
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| g) |
Day and place of birth of the accepting and/or of the electors, |
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| h) |
Family names, first names and previous names of the accepting and/or of the electors, |
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| i) |
in the case of married persons: marriage data, |
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| j) |
Residence address of the accepting person, |
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| k) |
Note that it is an incognito adoption and that the data of the former parents ' parents may only be used in accordance with the conditions laid down in paragraph 2. |
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(2) separately from the communication referred to in paragraph 1 (5), the relevant health insurance provider's specific request in individual cases to the actual (physical) solution of existing connections to the biological parents (belonging to a member) shall be separated from the communication pursuant to paragraph 1 (5). Survivors ' rights) Data of the former parents of the person taken under reference to the strictest secrecy obligation and only under special security arrangements. This data may only be used for the immediate solution of the mentioned compounds and must be destroyed immediately thereafter (physically). The application of a mere technical deletion note (logical deletion) is not sufficient in current data for this purpose.
Official name change or Legal effects on adoption or legitimation
§ 4. The civil status authority, which carries the birth or the Ehebuch, has the territorial sickness insurance fund every administrative name change or to communicate all the eponymous effects in the event of adoption or legitimation by providing the following data:
| 1. |
Family names and first names other names (for example middle name, fathername, name additions) before the name change, |
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| 2. |
Family names and first names after the name change, |
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| 3. |
Date of effectiveness of the name change, |
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| 4. |
day and place of birth as well as former names of the person affected by the name change, |
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| 5. |
Residence address of the person affected by the name change. |
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Marriage, dissolution of marriage (death, divorce, annulment or annulment), retaking of a former family name
§ 5. The civil status authority which carries out the adultois has to inform the Regional Sickness Insurance Fund:
| 1. |
each marriage by providing the following data: |
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| a) |
Date and place of marriage, |
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| b) |
former name of the man, |
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| c) |
Day and place of the birth of the man, |
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| d) |
new family names of the man, |
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| e) |
common family names of the man, |
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| f) |
Home address of the man, |
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| g) |
former name of the woman, |
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| h) |
Day and place of birth of the woman, |
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| i) |
new family names of women, |
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| j) |
common family names of women, |
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| k) |
the residence address of the woman; |
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| 2. |
each case of a dissolution of the marriage by providing the following data: |
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| a) |
Date of effectiveness of the dissolution of marriage, |
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| b) |
the former names of the spouses, |
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| c) |
Day and place of birth of the spouses, |
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| d) |
in the case of the annulment of marriage: new family names of the married couple. |
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| 3. |
Any recovery of an earlier family name by providing the following data: |
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| a) |
Family names of the declaring prior to the retake, |
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| b) |
Family names of the declaring after the re-taking, |
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| c) |
the first name of the declaring, |
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| d) |
Day and place of birth as well as previous names of the explanatory, |
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| e) |
Date of effectiveness of the name change, |
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| f) |
Residence address of the declaring. |
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Death
§ 6. The civil status authority which carries out the death book shall immediately inform the Regional Sickness Fund of any death by stating the following data:
| 1. |
Day and place of death, |
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| 2. |
Family names, first names and previous names of the deceased, |
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| 3. |
The sex of the deceased, |
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| 4. |
Day and place of the birth of the deceased, |
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| 5. |
the last residence address of the deceased, |
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| 6. |
Family names and first names of the surviving spouse/surviving spouse, |
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| 7. |
Day and place of birth of the surviving spouse/surviving spouse, |
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| 8. |
Residence address of the surviving spouse/surviving spouse, |
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| 9. |
in the case of deceased, who were married: marriage data. |
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Type of data transmission
§ 7. (1) The data transmission has to be provided in a form-supported form via the data transmission access (s) offered by the main association of the Austrian social insurance institutions (hereinafter referred to as the main association). 2). Communications in other ways, in particular on paper, shall be permitted only if and as long as there is no automation-assisted route of data transmission; such communications shall be directly addressed to the Regional Sickness Insurance Fund, in the The area of competence of the civil authority shall be its registered office.
(2) The Main Association has to provide, within the scope of its competence pursuant to Section 31 (4) (6) of the ASVG for the automation-supported data transmission according to paragraph 1, uniform EDP forms, data records and transmission routes. The automation support is to be designed in such a way that it allows, as a rule, a complete processing of the messages by the civil status authorities and the social security institutions (the main association). The main association has to provide the civil status authorities with the regulations made in order to guarantee a secure and comprehensible data transmission (for example, record description, interfaces) in the way of the Internet. Forms on paper are not to be made available.
Use of data from insurance institutions
§ 8. (1) As far as data on the persons affected by the communications of the civil status authorities are already available in the case of the territorial health insurance companies, the communications shall be assigned immediately to this data and shall be included in the EDP system of the Main Association (§ 31 Paragraph 4 Z 3 lit. a in conjunction with paragraph 11 of the ASVG) for use by the other social insurance institutions-in particular for the assessment of benefit claims by nationals (§ § 123 and 252 ASVG, § § 83 and 128 of the Industrial Social Security Act, § § 78 and 119 of the Farmers-Social Insurance Act, § § 56 and 105 of the Official-Health and Accident Insurance Act)-to be stored. Notifications which are not received by the territorial health insurance companies by electronic means (for example, messages on paper) must be recorded electronically as quickly as possible and stored in the EDP system of the main association.
(2) The main organisation has, within the framework of the design options available to it (for example within the framework of directives), uniform programmes and organisational descriptions for the use of the information provided by the civil authorities. To compile data by the social insurance institutions.
(3) If there is no other indication of the insured person preceding the date, the date of birth notified for the first time by the civil status authority is to be used for the determination of the date of birth within the meaning of § 358 (3) of the ASVG.
(4) The data communicated by the civil status authorities and stored in the main association shall be binding for the procedures of the insurance institutions within the framework of the federal laws to be enforced by them (§ § 457 ff. ASVG), as long as their incorrectness-as in the case of birth data in accordance with § 358 (3) ASVG-is proved in individual cases.
In-force pedals
§ 9. This Regulation shall enter into force three months after the date of its operation.
Main
