Regulation on the charging of fees and outlays for the provision of data in accordance with the regulations of the Data Transport Ordinance (Data transparency Fee Ordinance-DaTraGebV)

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DaTraGebV

Date of completion: 30.04.2014

Full quote:

" Data transparency-Fee regulation of 30 April 2014 (BGBl. I p. 458) "

Footnote

(+ + + Text proof: 16.5.2014 + + +) 
(+ + + For application cf.  § 11 + + +)   

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Input formula

On the basis of § 303e (2) sentence 4 of the Fifth Book of the Social Code-statutory health insurance-which is defined by Article 3 (12) (b) of the Law of 7 August 2013 (BGBl. 3108), the Federal Ministry of Health is responsible for the following: Unofficial table of contents

Section 1 Scope and fee collection

The German Institute for Medical Documentation and Information collects fees and costs for individually attributable public services as a data processing unit in accordance with § 303d paragraph 1 of the Fifth Book of the Social Code in conjunction with Section 5 (3) to (7) of the Ordinance on Data Transport. These charges and expenses shall be used to cover administrative expenses and their level shall be such as to ensure that the estimated amount of charges does not exceed the average personnel and material costs to which the benefits are paid. Unofficial table of contents

§ 2 Origin of the fee debt

(1) The fee debt for an individually attributable public service pursuant to § 1 as well as the obligation to reimburse expenses pursuant to § 9 arises with the announcement of the decision on the application. (2) If an application is withdrawn, the fee shall be paid. Fee debt for an individually attributable public service according to § 1 with the withdrawal of the application. Unofficial table of contents

§ 3 Fee debtors

(1) The payment of the fees and the reimbursement of expenses shall be subject to the obligation to:

1.

who makes the chargeable service by means of an application for data usage,

2.

who has taken over the fee debt of another, or

3.

who is liable for the fee debt of another power of law.

(2) Anyone who takes over the fee debt of another person shall inform the data processing authority in writing. (3) Several charge debtors shall be liable as a total debtor. Unofficial table of contents

§ 4 Liberation of the payment of the fees and the reimbursement of the expenses

The statutory health insurance funds, the federal and state associations of the health insurance funds, the top association of the health insurance companies and the Federal Ministry of Health are exempt from the payment of the fees and the reimbursement of the expenses under this Regulation. for health. Unofficial table of contents

§ 5 Amount of the basic fee

The basic fee for the processing of an application is 200 Euro. Unofficial table of contents

§ 6 Amount of the additional fee for data evaluation and data provision

(1) For the provision of standardized data sets, the additional fee is 300 Euro per year evaluated. (2) For the evaluation of the data holdings by means of a query pre-formulated by the user, the additional fee is 300. Euro per annualised vintage. In addition, EUR 100 will be charged for each working hour, which is intended to adjust the evaluation programme, up to a maximum of EUR 400. (3) For the evaluation of the data holdings by means of a query, which shall be based on the question of the The additional fee will be 300 Euro per year of value added. In addition, 100 Euro will be charged for every hour of work which is generated by the evaluation programme up to a maximum of 700 Euro. (4) For the provision of data analysis results or pseudonymous individual data sets At a scientific guest workstation in the data processing unit, the additional fee is 300 euros per year of work evaluated. Computing next to it

1.

EUR 100 for each hour of work which is necessary for the adjustment or preparation of the evaluation programme, up to a maximum of EUR 700 and

2.

50 Euro for every day of attendance at the data processing centre within the framework of the usual office hours.

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§ 7 Amount of the fee if an application is rejected

(1) If a request is rejected for formal reasons, the fee is 100 euros. (2) If a request is rejected for substantive reasons, the fee is 150 euros per audited year. In addition, 100 Euro will be charged for every hour of work which is subject to the examination of the content up to a maximum of 500 Euro. Unofficial table of contents

§ 8 Amount of the fee upon withdrawal of the application

(1) If an application is withdrawn before the data processing site has begun work on data evaluation and data provision, the fee shall be half the basic fee in accordance with § 5. No fee is to be charged if the data processing unit has not yet begun processing the application. (2) If an application is withdrawn after the data processing site with the work for the data evaluation and Data provision has already begun, the fee is the sum of the basic fee in accordance with § 5 and half of the respective additional fee provided for in § 6. Unofficial table of contents

Section 9 Repayment of expenses

(1) The data processing unit separately requires the reimbursement of expenses not already included in the additional fee according to § 6 and the fee in accordance with § 7 (2), in the amount of the actual costs incurred for the processing of the data.

1.

the drawing-up of external experts to assist in the development of evaluation programmes;

2.

the drawing up of opinions and

3.

the use of electronic payment systems.

If external experts or verifiers are instructed in accordance with points 1 and 2, the applicant shall be informed of the estimated costs before placing the order from the data processing unit and it shall be the opportunity to give his/her (2) The data processing unit separately requires the reimbursement of expenses incurred in connection with the re-provision of evaluation results, in the amount of the actual costs incurred for the processing of the results of the processing of the data.

1.

each additional volume,

2.

the dispatch of the data carriers and

3.

the separate dispatch of passwords or other security measures.

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§ 10 Fee increase and reduction

(1) In individual cases, if a chargeable service requires an exceptionally high amount of personnel and equipment, the data processing unit may increase the fees provided for in § § 5 and 6 up to twice the amount of the fee. In this case, the data processing unit shall inform the debtor of the increase before the start of the processing. The increase must be justified by the data processing centre. (2) The data processing centre may charge the fee up to half of the intended fee if the staff and material costs associated with the service are subject to the reduction. is justified. Unofficial table of contents

§ 11 Application of the Federal fee law

§ § 14, 16 to 19 and 21 of the Federal Fees Act of 7 August 2013 (BGBl. 3154) shall apply mutatis-ly, for the purpose of amortisation, for stuning, for the suppression, for the adoption, for the limitation period and for the refund. Unofficial table of contents

§ 12 Fees and deposits before entry into force

The data processing body may levy charges and outlays in accordance with the provisions of this Regulation for individually attributable public services which it has provided before the entry into force of this Regulation, if a decision on the fee is made under the notice of: has been expressly reserved for the forthcoming adoption of this Regulation and where the data processing body has informed the applicant of the estimated fee level. Unofficial table of contents

Section 13 Entry into force

This Regulation shall enter into force on the day following the date of delivery.