Home Law (HeimG)

Unofficial table of contents

HeimG

Date of completion: 07.08.1974

Full quote:

" Home Act in the version of the Notice dated 5 November 2001 (BGBl. 2970), as last amended by Article 3, second sentence, of the Law of 29 July 2009 (BGBl). 2319). "

Status:	New by Bek. v. 5.11.2001 I 2970;
	Last amended by Art. 3 sentence 2 G v. 29.7.2009 I 2319

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1975 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  HeimG Annex EV + + +) 

  

Unofficial table of contents

Content Summary

§ 1	Scope
§ 2	Purpose of the law
§ 3	Services of the home, legal regulations
§ 4	Advice
§ 5	Home Contract
§ 6	Adaptation duty
§ 7	Increase in pay
§ 8	Contract Duration
§ 9	Divergent Agreements
§ 10	Participation of the residents
§ 11	Requirements for the operation of a home
§ 12	Display
§ 13	Obligation to record and retain
§ 14	Benefits to institutions and employees
§ 15	Monitoring
§ 16	Advice on defects
§ 17	Arrangements
§ 18	Ban on employment, Commissary Home
§ 19	Untersagung
§ 20	Cooperation, working groups
Section 21	Irregularities
Section 22	Reports
Section 23	Competence and implementation of the law
§ 24	Applicability of the Industrial Code
Section 25	Retribution of legal orders
Section 25a	Probation rules
Section 26	Transitional provisions

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§ 1 Scope

(1) This Act applies to Heime. For the purposes of this Act, homes are bodies intended to include elderly people or persons with full or disabled persons who are in need of care, to provide them with housing, and to provide care and catering services; or (2) The fact that a landlord of living space ensures through contracts with third parties or in any other way, and that the persons who are resident in the country are not in a position to be able to pay for their own residence. that the tenants are offered care and catering, the application alone does not justify the application of this law. This also applies if the tenants are contractually obligated to accept general care services such as emergency services or placement of service and maintenance services from certain providers and the fee for this is in proportion to the rent is of secondary importance. This law shall apply if the tenants are contractually obligated to accept catering and further care services provided by certain providers. (3) On the home or part of a home within the meaning of paragraph 1, which is the temporary § § 6, 7, 10 and 14 (2) (3) and (4), (3), (4) and (7) are not applicable. If the Heime according to the first sentence usually applies to at least six persons, § 10 shall apply with the proviso that a spokesperson shall be ordered. (4) A period of up to three months shall be considered to be temporary within the meaning of this law. (5) This Act shall also apply to facilities of day and night care, with the exception of Sections 10 and 14 (2) (3) and (4), (3), (4) and (7). If the institution generally accepts at least six persons, § 10 shall apply with the proviso that a spokesperson for the home is to be ordered. (6) This law shall not apply to hospitals within the meaning of Section 2 (1) of the Hospital Finance Act. In the case of rehabilitation facilities, this law shall apply to those parts which fulfil the conditions set out in paragraph 1. This law does not apply to boarding schools for vocational training and vocational training schemes. Unofficial table of contents

§ 2 Purpose of the law

(1) The purpose of the law is to:

1.

to protect the dignity and the interests and needs of the residents of homes against impairments,

2.

to maintain and promote self-employment, self-determination and the self-responsibility of residents,

3.

to ensure compliance with the obligations of the carrier of the home (carrier) with regard to the inhabitants;

4.

to ensure the participation of the residents,

5.

to ensure that the quality of housing and care is consistent with the generally accepted state of professional knowledge,

6.

to promote consultation in home affairs, and

7.

to promote cooperation between the authorities responsible for the implementation of this law with the institutions and their associations, the caregivers, the medical service of health insurance and the institutions of social assistance.

(2) The independence of the institutions in the objective and performance of their tasks shall remain unaffected. Unofficial table of contents

§ 3 Benefits of the Heims, Legal Regulations

(1) The Heime shall be obliged to provide its services in accordance with the generally accepted level of professional knowledge. (2) For the implementation of § 2, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth may in agreement with the Federal Ministry of Economics and Technology, the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Health, with the approval of the Federal Council, with the approval of the Federal Council, the generally accepted state of the art Findings corresponding to regulations (minimum requirements)

1.

for the rooms, in particular the residential, residential, therapeutic and economic areas, as well as the traffic areas, sanitary facilities and the technical facilities,

2.

for the suitability of the management of the Heims (management) and the employees.

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§ 4 Consultation

Inform and advise the competent authorities

1.

residents as well as home councils and home advocates on their rights and duties,

2.

Persons who have a legitimate interest in the case of a home within the meaning of § 1 and on the rights and obligations of the institutions and residents of such homes and residents; and

3.

at the request of persons and institutions seeking the creation of homes within the meaning of § 1, or operating such homes, in the planning and operation of the home.

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§ § 5 to 9 (omitted)

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§ 10 Participation of the residents

(1) The residents act by a home advisory board in matters of home operation such as accommodation, care, residence conditions, home regulations, catering and leisure activities. Participation also refers to the safeguarding of an appropriate quality of care in the home and to the performance, remuneration, quality and examination agreements in accordance with § 7 (4) and (5). It shall be extended to the administration and to the business and economic management of the home if services have been provided within the meaning of section 14 (2) (3). The Home Advisory Board may, in the performance of its duties and rights, be accompanied by professional and knowledgeable persons of its trust. (2) The authorities responsible for the implementation of this law shall promote the provision of information to residents and members of home councils on the election and the powers and the powers and responsibilities of the members of the home councils. Possibilities of the Advisory Board to promote the interests of the residents in matters of home affairs. (3) At least once a year, the Home Advisory Council should invite the residents to a meeting in which they will be invited to attend the meeting. any resident or any resident can associate a confidant. More details can be laid down in the legal regulation referred to in paragraph 5. (4) For the time when a home counsel cannot be formed, his duties will be carried out by a spokesperson for the home. His activity is free of charge and honorary. The home spokesman shall be appointed by the competent authority in consultation with the home management. The residents of the home or their legal representatives may submit proposals to the competent authority for the selection of the spokesperson for the home. The competent authority may depart from the appointment of a spokesperson for the home if the participation of the residents is guaranteed in a different way. (5) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall adopt the Agreement with the Federal Ministry of Health by means of a legal regulation with the consent of the Federal Council of regulations concerning the election of the home counsel and the appointment of the home secretary as well as on the nature, scope and form of their participation. The regulation provides for the provision of members and other persons familiar to the residents, persons proposed by the competent authority, as well as members of the local seniors ' representatives and members of the local disability organisations can be selected to the appropriate extent in the home councils. Unofficial table of contents

§ 11 Requirements for the operation of a home

(1) A home may only be operated if the carrier and the management

1.

to protect the dignity and interests and needs of residents from impairments,

2.

Maintain and promote self-employment, self-determination and the self-responsibility of residents, in particular in the case of disabled persons, social pedagogical support and support for curative education, as well as in the case of persons in need of care, ensuring humane and activating care while respecting human dignity,

3.

appropriate quality of care for residents, including those in need of care, in the home itself or in an appropriate manner, including care in accordance with the generally accepted medical-care status of the home Securing findings as well as medical and health care,

4.

promote the integration of disabled people,

5.

give residents a way of living adequate according to the nature and extent of their care needs and provide the necessary assistance,

6.

provide domestic supply and adequate quality of housing;

7.

ensure that nursing homes are set up and their implementation is recorded for dependent residents,

8.

ensure that support and assistance plans are drawn up and implemented in the area of disability assistance for the residents,

9.

ensure adequate protection for residents against infections and ensure that employees comply with the requirements of hygiene in their areas of responsibility, and

10.

ensure that the medicinal products are kept in a resident and properly stored manner and that the employees working in the care sector are advised at least once a year on the appropriate handling of medicinal products.

(2) A home may only be operated if the carrier

1.

the necessary reliability, in particular the economic capacity to operate the home,

2.

ensure that the number of persons employed and their personal and professional competence is sufficient for the activities to be carried out by them;

3.

appropriate charges are required and

4.

a quality management system.

(3) A home may only be operated if:

1.

to ensure compliance with the regulations contained in the legal regulations in accordance with § 3,

2.

the contractual services are provided and

3.

compliance with the provisions adopted pursuant to section 14 (7) is ensured.

(4) In case of doubt that the requirements for the operation of a home are fulfilled, the competent authority shall be entitled and obliged to take the necessary measures for the clarification. Unofficial table of contents

§ 12 Display

(1) Those who wish to commence the operation of a home shall state that they satisfy the requirements of § 11 (1) to (3). To this end, it shall indicate its intention not later than three months before the designated commissioning of the competent authority. In particular, the display must contain the following additional information:

1.

the scheduled date of the holding,

2.

the names and addresses of the wearer and of the home,

3.

the type of use of the home and of the rooms, their location, number and size, and the intended occupancy of the living spaces;

4.

the envisaged number of staff posts,

5.

the name, professional training and career of the home management and in the case of nursing homes, as well as the names and vocational training of the care staff,

6.

the general description of the service and the conception of the home,

7.

a supply contract according to § 72 as well as a performance and quality agreement according to § 80a of the Eleventh Book of Social Code or the declaration of whether such a supply contract or such a performance and quality agreement are sought,

8.

the agreements referred to in Article 75 (3) of the Twelfth Book of the Social Code or the declaration of whether such agreements are to be sought,

9.

the individual agreements pursuant to Section 39a of the Fifth Book of the Social Code or the Declaration as to whether such agreements are to be sought,

10.

the documents relating to the financing of investment costs,

11.

a model of the home contracts and other types of contracts used;

12.

the statutes or a social contract of the institution, and

13.

the home order, to the extent that one exists.

(2) The competent authority may require further information to the extent that it is necessary for the purpose of the task to be carried out. If the management, the maintenance service or the care staff are not yet established at the time of the notification, the notification shall be obtained at the earliest possible date, at the latest before the home establishment is commended. (3) The competent authority shall be to notify immediately any changes concerning the information referred to in paragraph 1. (4) Any person who intends to discontinue the operation of a home in whole or in part, or who intends to amend the terms of the contract substantially, shall immediately inform the competent authority of such changes. in accordance with sentence 2. The panel provides information on the documented accommodation and care of the residents and the planned proper handling of the contractual relationships with the residents. Unofficial table of contents

§ 13 obligation to record and retain

(1) The institution shall, in accordance with the principles of proper book and file management, keep records of the holding and document the quality assurance measures and their results in such a way as to ensure that they are properly operated of the home. In particular, it is necessary to:

1.

the economic and financial situation of the home,

2.

the type of use, the location, the number and size of the rooms, and the occupancy of the living spaces,

3.

the name, the first name, the date of birth, the address and training of the employees, their regular working time, the activity carried out by them in the home and the duration of the employment relationship, and the service plans,

4.

the name, the first name, the date of birth, the gender, the care needs of the residents, as well as those in need of care, and the nursing level,

5.

the retention, storage and administration of medicinal products, including the pharmaceutical review of the stocks of medicinal products and the training of staff on the appropriate handling of medicinal products;

6.

the care plans and the care courses for dependent residents,

7.

for residents of disability assistance facilities and assistance plans, including their implementation,

8.

measures for quality development and quality assurance,

9.

the measures to be taken by the residents and the residents as well as the statement of the person responsible for the arrangement of the measure,

10.

the monies or valuables administered to the residents.

If the carrier operates more than one home, separate records are to be made for each home. The institution reserves the right to demonstrate its economic and financial situation by presenting the balance sheet required under the nursing care regulation and the profit and loss account. Records which have been drawn up by bodies other than the competent authority may be used to fulfil the requirements of the first sentence. (2) The institution shall have the records referred to in paragraph 1 and the other documents and supporting documents. for the establishment of a home for a period of five years. After that, they are to be deleted. The records referred to in paragraph 1 shall, in so far as they contain personal data, be kept in such a way that only authorised persons have access. (3) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall, in agreement with the Federal Ministry for (4) Further obligations of the institution of a home in accordance with other provisions or regulations, or on the basis of personal care agreements or agreements pursuant to section 75 (3) of the Twelfth Book of Social Code remains untouched. Unofficial table of contents

§ 14 Benefits for carriers and employees

(1) The institution shall be prohibited from pledging or granting monetary or monetary benefits beyond the remuneration agreed in accordance with § 5, either by or in favour of residents or candidates for a home place. (2) This shall not apply if:

1.

the benefits of the institution other than those listed in Article 5 shall be paid;

2.

are promised or granted low-quality attention,

3.

services are promised or granted for the purpose of leaving a home for the construction, purchase, repair, equipment or operation of the home,

4.

(dropped)

(3) Services within the meaning of paragraph 2 (3) shall be returned to the extent that they have not been charged with the remuneration. They shall be galvanised from the date of their grant of at least 4 per cent for the year to the extent that the benefit of the use of capital has not been taken into account in the calculation of the pay. The interest or advantage of the use of capital in the calculation of the fee shall be proved by the resident or the resident by means of annual accounts. The sentences 1 to 3 also apply to benefits provided by or in favour of applicants. (4) (omitted) (5) The management, employees or other employees of the home are prohibited from taking any action. (b) to promise, or to allow, in addition to the remuneration provided by the institution, cash or cash benefits for the fulfilment of the obligations arising out of the home contract or to be granted by or in favour of residents. The competent authority may, in individual cases, grant derogations from the prohibitions provided for in paragraphs 1 and 5 in so far as the protection of residents is concerned with the maintenance of the Bans not required and the services have not been promised or granted. (7) (dropped) (8) (dropped) Unofficial table of contents

§ 15 Monitoring

(1) Heime shall be supervised by the competent authorities by means of recurrent or pale-related tests. The examinations can be registered at any time or unannounced. Night-time tests shall only be permitted if and to the extent that the monitoring objective cannot be achieved at other times. The homes will then be checked to see if they meet the requirements for the operation of a home according to this law. The institution, the management and the maintenance service shall, on request, provide the competent authorities with the oral and written information necessary for the implementation of this law and of the legal regulations adopted pursuant to this Act. and free of charge. The records in accordance with § 13 para. 1 shall be submitted to the institution for examination at the place of the home. For the documents in accordance with Section 13 (1) No. 1, this applies only to registered examinations. (2) The persons responsible for the supervision of the home by the competent authority shall be entitled to:

1.

to enter the premises and premises used for the home; to the extent that they are subject to a domestic right of occupants, only with their consent,

2.

carry out audits and inspections;

3.

to be included in the records in accordance with § 13 of the respondent in the respective home;

4.

to contact the local residents and the home counsel or the home speaker,

5.

in the case of residents in need of care, to take care of the nursing condition with their consent,

6.

to ask the workers.

The institution has to tolerate these measures. The competent authority shall be free to take further professional and knowledgeable persons in addition to its examinations. These are committed to secrecy. They may not store personal data about residents and transmit them to third parties. (3) To prevent urgent threats to public security and order, it is possible for land and premises to be used for the purposes of domestic law. Residents are subject to or are used for the purpose of providing information, at any time. The person responsible for providing information and the residents shall be obliged to accept the measures set out in the first sentence. The fundamental right of inviolability of the home (Article 13 (1) of the Basic Law) is restricted to this extent. (4) In principle, the competent authority shall carry out at least one examination for each home in the year. It may carry out tests at greater intervals than in the first sentence, provided that a home has been examined by the Medical Service of the Health Insurance or, by appropriate evidence of independent expert knowledge, it has obtained knowledge of such a home, that the requirements for the operation of a home are met. (5) objection and action against measures pursuant to paragraphs 1 to 4 do not have suspensive effect. (6) Monitoring shall begin with the notification in accordance with section 12 (1), but no later than three months before the date of application of the notice. (7) Measures under paragraphs 1, 2, 4 and 6 shall also be allowed to determine whether a facility is a home within the meaning of § 1. (8) The institutions may be the national associations of the Free Welfare Services, which shall: Community centres of excellence and other associations of institutions to which they belong, without prejudice to: the admissibility of undeclared tests, in an appropriate manner, in the course of examinations. The competent authority shall inform these associations of the date of notified audits. (9) The party responsible for providing the information may refuse to provide information on such matters, the answers of which shall be answered by the competent authority or by any of the questions referred to in § 383 (1) (1) to (3) of the The Civil Procedure Code would expose persons to the risk of criminal prosecution or proceedings under the Law on Administrative Offences. Unofficial table of contents

§ 16 Advice on defects

(1) Where deficiencies have been identified in a home, the competent authority shall first advise the institution of the possibilities for the degeneration of the deficiencies. The same shall apply if deficiencies are found after a notification in accordance with § 12 prior to the commence of the home operation. (2) The institution of social assistance shall, in accordance with section 75 (3) of the twelfth book, be required to provide advice pursuant to paragraph 1. The Social Code is to be involved. It shall be involved if the demise of the deficiencies can have an impact on charges or allowances. The rates 1 and 2 shall apply to carers or other social security institutions, provided that they or their national associations have agreements in accordance with § § 72, 75 or 85 of the Eleventh Book of Social Code or § 39a of the Fifth Book (3) If the residents are not to be allowed to continue the home contract due to the deficiencies found, the competent authority should support them in doing so, providing adequate alternative accommodation. Care for reasonable conditions to be found. Unofficial table of contents

§ 17 Orders

(1) If any identified deficiencies are not dislodged, orders may be issued to the institutions which are responsible for the elimination of an imminent or a waste of imminent impairment or endangering the welfare of the residents; and inhabitants, in order to ensure compliance with the obligations of the institution towards the inhabitants or to avoid an inappropriateness between the remuneration and the performance of the home. The same shall apply if defects are found after a notification in accordance with § 12 prior to the commence of the home establishment. (2) arrangements shall be as far as possible in accordance with agreements pursuant to § 75 para. 3 of the Twelfth Book of Social Code on the market. Where arrangements may result in an increase in remuneration in accordance with Article 75 (3) of the Twelfth Book of Social Code, it is necessary to seek agreement on them with the institution of social assistance with which agreements are made in accordance with those provisions. In the case of orders in accordance with the second sentence, the institution of the social assistance may, in addition to the home institution, also appeal against and challenge the action. Section 15 (5) shall apply. (3) If orders to approved nursing homes may result in an increase in the fees agreed or fixed in accordance with the Eleventh Book of Social Code, agreement with the affected persons concerned shall be To aim for caregivers. For the orders referred to in the first sentence, the provisions of the third sentence of the second sentence of paragraph 2 shall apply mutatily. Unofficial table of contents

§ 18 Ban on employment, Commissary Home

(1) The institution may prohibit the further employment of the management, employee or other employee, or any other employee, in whole or in respect of certain functions or activities, if the facts are adopted (2) If the competent authority has issued a ban on employment in accordance with paragraph 1 and the institution does not use any new appropriate management, the competent authority may: in order to maintain the home operation, at the expense of the carrier, a commissioner If their powers are not sufficient in accordance with § § 15 to 17 and if the conditions for subsatiation of the home operation are fulfilled, they will be able to use the instructions for a limited period of time. Their activity shall end when the institution determines, with the agreement of the competent authority, a suitable home line, but at the latest after one year. The commissioner shall take over the rights and obligations of the previous management. Unofficial table of contents

§ 19 Untersagung

(1) The operation of a home shall be prohibited if the requirements of § 11 are not fulfilled and orders are not sufficient. (2) The holding can be prohibited if the carrier

1.

the display according to § 12 has not been provided or incomplete information has been provided,

2.

Arrangements pursuant to section 17 (1) do not follow within the time limit laid down,

3.

employed persons against a prohibition pursuant to section 18 of this Article;

4.

in violation of Section 14 (1), (3) or (4) or a decree issued pursuant to Section 14 (7) of the Law.

(3) Prior to the commendation of the home establishment, a submission shall only be permissible if, in addition to a reason for the submission of the notification pursuant to paragraph 1 or paragraph 2, the obligation to notify consists in accordance with Section 12 (1) sentence 1. If the ground of support can be removed, only provisional suspension of the holding shall be admissible. Objection and action against a provisional understatement shall not have suspensive effect. The provisional declaration shall not, by written declaration of the competent authority, insure that the conditions for subsatiation are not fulfilled. Unofficial table of contents

Section 20 Cooperation, working groups

(1) In the performance of their duties to protect the interests and needs of residents and to ensure adequate quality of housing and care in the home, and to ensure adequate quality of the Surveillance shall be the competent authorities responsible for the implementation of this law, and the caregivers, their national associations, the medical service of the sickness insurance scheme and the competent institutions of social assistance, to cooperate closely. Within the framework of the close cooperation, the parties referred to in the first sentence shall inform each other, coordinate their audit activities and seek agreement on measures for quality assurance and for the deposition of defects. (2) They shall be shall be entitled and obliged to exchange the information necessary for their cooperation, including the findings obtained during the monitoring process. Personal data are to be anonymized prior to transmission. (3) By way of derogation from the second sentence of paragraph 2, personal data may be transferred in non-anonymized form to the care funds and the medical service of the health insurance company, insofar as this is necessary for the purposes of the Eleventh Book of Social Code. The data transmitted may not be processed or used by the recipients for any other purpose. They shall be deleted at the latest after two years. The period shall begin with the end of the calendar year in which the data have been stored. The resident or the home resident may request that the data transmitted in accordance with the first sentence be informed. (4) If the competent authority under the Home Law is of the opinion that a contract or an agreement with immediate effect for an approved nursing home, it shall communicate this to the supervisory authority competent in accordance with the federal or state law. (5) For the implementation of paragraph 1, working groups shall be formed. The office of the working group shall be chaired and operated by the competent authority in accordance with the provisions of this law, unless otherwise specified by the law of the country. The parties referred to in the first sentence of paragraph 1 shall bear the costs themselves arising from the cooperation. (6) The working groups referred to in paragraph 5 shall work with the associations of the Free Welfare Care, the municipal institutions and the other institutions, as well as their associations, the associations of the residents, and the associations of the residents of the In the area of the competent authority, there is a working group within the meaning of Article 4 (2) of the Twelfth Book of Social Code (Social Code) in the area of the competent authority, so within the scope of this Working community also issues of needs-based planning for conservation and To advise the creation of the Heime referred to in § 1 in partnership. Unofficial table of contents

§ 21 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act

1.

Contrary to § 12 para. 1 sentence 2, an advertisement is not reimbursed, not correct or not timely,

2.

a home, although this has been prohibited by the enforceable disposition of the home pursuant to Section 19 (1) or (2),

3.

Contrary to Section 14 (1), monetary or monetary values promise or leave benefits or are contrary to a legal regulation adopted pursuant to § 14 (7), insofar as this refers to this fine for a certain amount of facts.

(2) The offence also acts as a deliberate or negligent act.

1.

a legal regulation in accordance with § 3 or § 10 (5), insofar as it refers to this fine for a certain amount of facts,

2.

Contrary to Section 12 (4) sentence 1, an indication is not reimbursed, not correct or not reimbursed in due time

3.

Contrary to the first sentence of Article 14 (5), the amount of money or cash benefits can be promised or granted,

4.

Contrary to § 15 (1) sentence 5, information is not provided, not correct, not complete or not in good time or, contrary to § 15 para. 2 sentence 2 or paragraph 3, sentence 2, a measure is not tolerated or

5.

an enforceable arrangement according to § 17 (1) or § 18.

(3) In the cases referred to in paragraph 1, the administrative offence may be punishable by a fine of up to twenty-five thousand euros, in the cases referred to in paragraph 2, with a fine of up to ten thousand euros. Unofficial table of contents

Section 22 Reports

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth reports to the legislative bodies of the Federal Government every four years, for the first time in 2004, on the situation of the homes and the care of the inhabitants. (2) The Competent authorities shall be obliged to provide the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth with information, upon request, on the facts which are necessary for the performance of its duties under this Act. Data of the residents may only be transmitted in an anonymised form.
(3) The competent authorities shall be obliged to draw up an activity report every two years. This report shall be published. Unofficial table of contents

§ 23 Jurisdiction and implementation of the law

(1) The State Governments shall determine the competent authorities responsible for the implementation of this Act. (2) The implementation of this law shall be entrusted to persons who are suitable for this purpose by virtue of their personality and usually either by a (3) The State Governments have to ensure that the task perception by the competent authorities is not endangered by conflicts of interest. or is affected. Unofficial table of contents

§ 24 Applicability of the Industrial Code

The provisions of the Industrial Regulations shall apply to the home-owned homes which are subject to the provisions of this Act, unless this Act contains special provisions. Unofficial table of contents

Section 25 Continuation of legal regulations

Legal orders which have been issued before the entry into force of this Act pursuant to Section 38, first sentence, No. 10 and sentences 2 to 4 of the Commercial Code, shall continue to apply until they are repeal by the legal regulations in accordance with § § 3 and 13, insofar as they are not be contrary to the provisions of this law. Unofficial table of contents

Section 25a Protesting regulations

(1) In exceptional cases, the competent authority may, upon request, be subject to the requirements of § 10, if the assistance is secured in any other way or the design does not require it, or the requirements of the requirements of § 3 (2). (2) The decision of the competent authorities of the competent authorities of the Member States of the European Union shall not be jeopardised in the context of the testing of new forms of care or residence and thereby not jeopardizing the purpose of the law pursuant to § 2 (1). Authority shall be informed by formal notice and shall be limited to a maximum of four years. The rights of supervision in accordance with § § 15, 17, 18 and 19 shall remain unaffected by the derogation. Unofficial table of contents

Section 26 Transitional provisions

(1) Rights and obligations arising from home contracts concluded prior to the entry into force of this law shall be governed by the new law from the date of entry into force of the law. (2) A written adaptation of the The entry into force of this Act shall not be subject to the provisions of this Act until benefits or charges change pursuant to § 6 or § 7, no later than one year after the entry into force of this Act. (3) Claims residents as well as their legal successor from home contracts because of The absence of any payment of remuneration in accordance with Section 4c of the Home Code in the version in force before the entry into force of this Act can only be asserted against the institution within three years after the entry into force of this Act. Unofficial table of contents

Annex EV extract from EinigVtr Annex I, chap. X Sachgebiet H, Section III
(BGBl. II 1990, 889, 1096)

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:
...

12.

Home Law as amended by the Notice of 23 April 1990 (BGBl. 763, 1069), subject to the following conditions: home conditions which exist when the accession becomes effective, shall be governed by the new law from that date.

...