Regulation on the involvement of residents in matters relating to the home business (home participation ordinance-HeimmwV)

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HeimmwV

Date of completion: 19.07.1976

Full quote:

" Regulation of the Home Participation Regulation in the version of the Notice of 25 July 2002 (BGBl. I p. 2896) "

Status:

New by Bek. v. 25.7.2002 I 2896

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.8.1976 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  Home Mitoperv Annex EV + + +) 

  

Heading: IdF d. Art. 1 No. 1 V v. 25.7.2002 I 2890 mWv 1.8.2002 Unofficial table of contents

Content Summary

Part one
	Home counsel and home advocates
		First section
			Education and composition of home councils
				General	§ 1
				Tasks of the institutions	§ 2
				Eligibility and eligibility	§ 3
				Number of members of the home councils	§ 4
				Electoral procedure	§ 5
				Appointment of the Election Committee	§ 6
				Preparation and implementation of the election	§ 7
				Election Assembly	§ 7a
				Using the line	§ 8
				Electoral protection and election costs	§ 9
				Election Appeal	§ 10
				Communication to the competent authority	§ 11
				Deviating provisions for the formation of the Home Advisory Council	§ 11a
		Second section
			The term of office of the Home Council
				Term	§ 12
				Re-election of the Home Advisory Council	§ 13
				Deletion of membership	§ 14
				Reengagement of spare members	§ 15
		Third Section
			Management of the Home Advisory Board
				Chair	§ 16
				Meetings of the Home Advisory Council	§ 17
				Decisions of the Home Advisory Council	§ 18
				Session Header	§ 19
				Residents ' Meeting and Activity Report of the Heimbeirat	§ 20
				Costs and expenses of the home advisory board	Section 21
		Fourth Section
			Position of the members of the home advisory board
				Voluntary activity	Section 22
				Prohibition of discrimination and favour	Section 23
				Confidentiality of Obligations	§ 24
		Fifth Section
			Home Spokesman
				Order of the Home Speaker	Section 25
				Cancellation of the Order of the Heimfürspokesman	Section 26
				Termination of activity	§ 27
				Position and office of the spokesperson for the home	§ 28
				Replacement Body	Section 28a
Part two
	Participation of the Home Advisory Council and the Home Advocate General
				Duties of the Home Advisory Council	§ 29
				Participation in decisions	§ 30
				Participation in the performance of financial contributions	Section 31
				Form and implementation of the participation of the Heimbeirat	Section 32
				Participation of the Home Advocate General	§ 33
Part Three
	Irregularities and final provisions
				Irregularities	Section 34
				Transitional provision	§ 35
				entry into force	§ 36

Part one
Home counsel and home advocates

First section
Education and composition of home councils

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§ 1 General

(1) The participation of the residents in Heimen according to § 1 of the Act shall be effected by home councils. Its members are elected by the residents of the Heime. (2) The participation refers to the affairs of the home company, to the measures in securing an appropriate quality of care and to the performance of the service. and quality agreements as well as the remuneration agreements according to § 7 para. 4 of the Act as well as the performance, remuneration and examination agreements according to § 7 para. 5 of the law. The participation also extends to the administration as well as the business and economic management of the home, if services have been provided within the meaning of § 14 (2) (3) of the law. (3) For parts of the institution own home councils may be formed (4) In the Heimen, a member of the family or a counselor can be formed. An advisory board consisting of relatives, carers and representatives of disabled persons and senior citizens ' organisations can also be set up. The Home Advisory Board and the Heimfürspokesman can be advised and supported by the Advisory Board in accordance with sentences 1 and 2 in their work. Unofficial table of contents

§ 2 Tasks of the institutions

(1) The carriers of the home (carrier) shall have the effect of contributing to the formation of home councils. Their independence in the performance of their tasks is not affected by the formation of home councils. The institutions have to inform the residents about their rights and the possibilities of a partnership in the home advisory board. (2) Home councils are to convey the knowledge of the home law and its regulations, that are necessary for their work. The appropriate costs incurred by this shall be borne by the institution. Unofficial table of contents

§ 3 Electoral eligibility and eligibility

(1) All persons who live in the home on election day are entitled to vote. (2) The residents of the home, their relatives, other persons of the residents, members of local senior citizens ' representatives are eligible to vote. and from local disability organisations and persons proposed by the competent authority. (3) It is not possible to choose who is employed by the home institution, the cost holder or the competent authority for remuneration or as a member of the Board of directors, the supervisory board or a similar institution of the institution is active. It is also not possible to choose who has a managable function with another home carrier or an association of home carriers. Unofficial table of contents

§ 4 Number of members of the home councils

(1) The home counselor is in a home country with as a rule

up to 50 residents from	three members,
51 to 150 residents from	five members,
151 to 250 residents from	seven members,
over 250 residents from	nine members.

(2) The number of persons elected who do not reside in the home shall be allowed to stay in homes with as a rule

up to 50 residents	no more than one Member,
51 to 150 residents	no more than two members,
151 to 250 residents	no more than three members,
over 250 residents and residents	Maximum four members

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§ 5 Electoral procedure

(1) The Home Advisory Board shall be elected in the same, secret and direct election. (2) Electoral nominations may be made to the election of the Home Advisory Board. You can also propose persons who are not resident in the home according to § 3. In addition, the relatives and the competent authority have a right of proposal for persons who do not reside in the home. (3) Each person entitled to vote or any person entitled to vote has as many votes as the members of the home advisory board to vote. She or he can only cast a single vote for each applicant. The candidates are the candidates who will unite the majority of votes. In the event of a tie between applicants who live in the home, and applicants who do not reside in the home, the applicant shall be the candidate for the application. the candidate who lives in the home. Otherwise, the lot will be decided. Section 4 (2) shall remain unaffected. Unofficial table of contents

§ 6 Order of the Election Committee

(1) At the latest eight weeks before the end of the term of office, the Home Advisory Board shall appoint three persons entitled to vote as election committee and one or one of them as chairperson or chairperson. (2) If no home advisory board exists or consists of six weeks before the end of the term, the No election committee, the head of the home council has to appoint the election committee. To the extent that persons entitled to vote are not available for this purpose in the required number, the management has to appoint employees of the home to members of the electoral committee. Unofficial table of contents

Section 7 Preparation and implementation of the election

(1) The election committee shall determine the place and time of the election and inform the residents and the competent authority of the forthcoming election. The election date shall be announced at least four weeks prior to the election. The Election Committee shall seek the nominations and the declaration of consent of the proposed persons for the adoption of the election. The Electoral Committee shall draw up a list of nominations and announce the list and the course of the election. (2) The Electoral Committee shall monitor the electoral process, count the votes and determine the result of the election in a minutes. The result of the election he has to make known in the home by hanging out and by written notice to all the residents. The Election Committee informs the home-board applicants who do not live in the home about the outcome of the election. (3) In the preparation and implementation of the election, the special circumstances in the individual homes, before the election, are to be held. (4) The Electoral Committee shall take its decisions with a simple majority of votes. Unofficial table of contents

§ 7a Electoral Assembly

(1) In homes with as a rule up to 50 residents, the home advisory board can be elected at an election meeting. The election committee shall decide whether a simplified electoral procedure will be carried out. Residents who do not participate in the election meeting shall be given the opportunity to vote within a reasonable period of time. The votes may not be counted until the deadline. (2) The election committee has to invite at least 14 days before the election meeting. (3) Electoral proposals can still be made in the election meeting. (4) The management of the home can be held at the Election Assembly. The election committee may exclude the home line by decision from the election meeting. Unofficial table of contents

§ 8 Using the management

The management of the home shall support the preparation and implementation of the election to the extent necessary in terms of personnel and material, and shall provide the necessary information. Unofficial table of contents

Section 9 Electoral protection and election costs

(1) The election of the Home Advisory Board may not be impeded or influenced by the addition or threat of disadvantages or granting or promise of benefits. (2) The required costs of the election shall be borne by the institution. Unofficial table of contents

§ 10 Wahlanfechtung

(1) At least three persons entitled to vote may, within a period of two weeks from the date of publication of the results of the vote, contest the election to the competent authority if they are opposed to essential provisions relating to the right to vote, which shall: Eligibility or the electoral procedure has been infringed and a correction has not been made. A dispute is excluded if the breach has not been able to change or influence the outcome of the election. (2) The competent authority shall decide on the dispute. Unofficial table of contents

Section 11 Communication to the competent authority

(1) The institution shall inform the competent authority within four weeks of the expiry of the period referred to in § 12 or, at the latest, six months after the establishment of a home advisory board. If a home councils have not been formed, the institution of the competent authority shall be notified immediately, stating the reasons for the reasons. In such cases, the competent authority shall, in close cooperation with the institution and management of the home, contribute in an appropriate manner to the formation of a Home Advisory Council, unless the special staff structure of the population of the formation of a (2) Paragraph 1 shall apply mutatily if the Home Advisory Board is to be re-elected before the end of the regular term of office in accordance with § 13. The time limit for notification shall begin with the entry of the facts on which the new election is based. Unofficial table of contents

§ 11a Differing provisions for the formation of the Home Advisory Council

(1) In individual cases, the competent authority may allow deviations from the number of members of the Board of Homes in accordance with § 4 and the time limits and the number of persons entitled to vote in accordance with § 6, if this allows the formation of a home advisory board. Deviations from § 4 may not affect the functioning of the Advisory Board. (2) At the request of the Election Committee, the competent authority may, in exceptional cases, also the election meeting in accordance with § 7a for Heime with as a rule more than 50 Allow residents and residents.

Second section
The term of office of the Home Council

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§ 12 Term of office

(1) The regular term of office of the Home Advisory Board shall be two years. The term of office shall begin with the day of the election or, if at that point in time there is still a home counsel, with the expiry of his term of office. (2) In the case of assistance to disabled persons, the term of office shall be four years. Unofficial table of contents

Section 13 New election of the Home Advisory Council

The home advisory board shall be reelected if the total number of members has fallen by more than half the prescribed number or the home advisory board has decided to resign by a majority of the members. Unofficial table of contents

§ 14 Erasing of membership

The membership of the Home Advisory Board shall be replaced by

1.

expiry of the term of office;

2.

Establishment of the Office,

3.

Leaving the home,

4.

Loss of eligibility,

5.

Determination of the competent authority, at the request of two-thirds of the members of the Board of Homials, that the member of the Advisory Board no longer complies with his/her duties or can no longer fulfil his duties.

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Section 15 Replacement of replacement members

If a member retires from the home advisory board, the unelected person with the highest number of votes becomes a substitute member. Section 4 (2) shall apply. The same shall apply if a member of the Home Advisory Council is temporarily prevented.

Third Section
Management of the Home Advisory Board

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Section 16 Presidency

(1) The Home Advisory Council shall elect, by a majority of its members, the Chair and its Deputy. A resident shall hold the chair. (2) The chairman shall represent the home advisory board within the framework of the decisions taken by this committee, unless the home advisory board determines any other representation on a case-by-case basis. Unofficial table of contents

Section 17 Meetings of the Home Advisory Council

(1) Without prejudice to a electoral dispute, the Electoral Committee shall convene the Advisory Committee within two weeks after the announcement of the result of the election to a constituent meeting. (2) The Chair of the Advisory Board shall devote the meetings to the meeting, shall the agenda and shall direct the trial. She or he shall invite the members of the Home Advisory Council and the members of the spare parts to the meeting with a period of seven days under the notice of the agenda. (3) At the request of one quarter of the members of the Home Advisory Council or of the The head of the home has to hold a meeting and put on the agenda the matter for which advice is requested. (4) The management of the home is to be notified in good time from the date of the meeting of the meeting of the Home Council. It shall take part in meetings to which the management is expressly invited. (5) The Home Advisory Board may decide to add subject-and knowledgeable persons for the purpose of carrying out its duties. The Home Advisory Board may also decide that residents or professional and knowledgeable persons or third parties may participate in a meeting or part of the meeting. The institution shall bear the costs to the appropriate extent of the persons skilled in the art and knowledgeable persons, as well as the third persons. They do not contain any remuneration. (6) The home advisory board can contact the competent authority at any time. (7) The home advisory board can form working groups. The other procedure regulates the home advisory board. Unofficial table of contents

Section 18 Decisions of the Heimbeirat

(1) The decisions of the Home Advisory Council shall be taken with a simple majority of votes of the members present. In the event of a tie, the vote shall be taken by the Chairperson or the Chairman. (2) The Home Advisory Board shall be validly quorum if at least half of its members are present. Unofficial table of contents

Section 19 Meeting minutes

A minutes shall be recorded at each negotiation of the Home Advisory Council, which shall contain at least the participants in the session, the text of the decisions and the majority of the votes with which they are taken. The minutes shall be signed by the chairman or the chairman and one other member. Unofficial table of contents

§ 20 General Assembly and Activity Report of the Home Advisory Council

The home advisory board is to hold a population meeting at least once in the year of office. Subpopulation gatherings are permitted. The Home Advisory Council has to report a report on the activities of the residents ' meeting, which is to be distributed as much as possible in writing to all residents. The residents can comment on the activity report. The residents are entitled to move to the residents ' meeting with people of their trust. At the request of the Heimbeirat, the management of the home has to participate in the inhabitants ' meeting. The home advisory board can exclude the management from the residents ' meeting as a whole or from individual agenda items. Unofficial table of contents

Section 21 Costs and expenses for the home advisory board

(1) The institution shall provide the Advisory Board with the assistance necessary for the performance of its tasks and shall, in particular, provide the premises. (2) The Home Advisory Board shall be able to open appropriate communications in the home, in particular: (3) The appropriate costs incurred by the work of the Home Advisory Board shall be borne by the institution.

Fourth Section
Position of the members of the home advisory board

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Section 22 voluntary activity

The members of the Home Advisory Board carry out their duties free of charge and on an honorary basis. Unofficial table of contents

Section 23 Prohibition of disadvantages and favour

(1) The members of the Home Advisory Council may not be impeded in the performance of their duties and are not disadvantaged or favoured by virtue of their activities. (2) A resident or resident may, on the basis of the activity of a family member, be entitled to do not discriminate against or benefit from a confidential person in the home councils. Unofficial table of contents

§ 24 Obligation of Confidentiality

(1) The members and alternate members of the Advisory Board shall keep silent on matters known to them in the performance of the Office or facts. This shall not apply to the other members of the Home Advisory Council. The obligation to secrecy shall not apply to matters or facts which are manifestly obvious or which do not require any confidential treatment.

Fifth Section
Home Spokesman

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§ 25 Order of the Heimfürspokesman

(1) The competent authority shall immediately appoint a home spokesperson as soon as the conditions for his/her order are given in accordance with Section 10 (4) of the Act. In Heimen with more than 70 seats, two home advocates can be used, in homes with more than 150 places, three do-it-yourselsspeakers. If several home advocates are employed, they will coordinate their activities with each other and determine which home spokesperson represents the interests of the residents in relation to the home management and outside the home. (2) The regular The term of office of the home speaker is two years. A re-appointment is permitted. (3) Only those who, according to his personality, abilities and other circumstances of the individual case, are eligible for the exercise of this office can be appointed as the home spokesperson. It must be independent of the competent authority and the institution, of the cost carriers and of the associations of the home institutions. The order shall be subject to the consent of the ordered. (4) The order shall be notified in writing to the spokesperson of the home and the institution. The institution shall inform the residents of the order in a suitable manner. (5) § 1 (3) applies accordingly. Unofficial table of contents

Section 26 Waiver of the Order of the Heimfürspokesman

(1) The competent authority shall repeal the order if:

1.

the home spokesman no longer fulfils the conditions for the office,

2.

the home spokesman is in breach of his duties,

3.

the home spokesman shall lay down his office, or

4.

a home advisory board has been formed.

(2) The competent authority may cancel the order if there is no longer any possible cooperation between the home spokesperson and the residents. (3) § 25 (4) applies accordingly. Unofficial table of contents

Section 27Termination of activity

The work of the Home Speaker Ends with

1.

expiry of his term of office;

2.

Cancellation of his order by the competent authority in accordance with § 26.

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Section 28 Position and office of the spokesperson of the Heimfürger

(1) § § 20, 21 (1) and (2) as well as § § 23 and 24 apply. (2) The home institution shall assist the speaker in the performance of his/her duties. (3) The work of the home-holder shall be subject to the following conditions: The carrier shall bear the necessary costs incurred by the institution. (4) The home institution shall grant the home speaker access to the home for the purpose of carrying out his duties, and to enable him to meet with the residents in the To set the connection. Unofficial table of contents

Section 28a Replacement Body

The competent authority may depart from the appointment of a spokesperson pursuant to § 10 (4) sentence 5 of the Act, if there is a replacement body which ensures the participation of the residents in other ways and the tasks of the Home councage can take over. § § 20 to 24 and § § 29 to 32 shall apply accordingly to the replacement body.

Part two
Participation of the Home Advisory Council and the Home Advocate General

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Section 29 Tasks of the Home Advisory Council

The home advisory board has the following tasks:

1.

to apply to the management or to the institution of the home operations which serve the inhabitants of the home;

2.

to receive suggestions and complaints from residents and, if necessary, to work with the institution through negotiations with the management or, in special cases, with the institution for their execution,

3.

to promote the integration of the residents in the home,

4.

to participate in decision-making in matters pursuant to § § 30, 31,

5.

to appoint an election committee before the end of the term of office (§ 6),

6.

to carry out a population meeting and to report on the activity report to the residents (§ 20),

7.

participation in measures to promote appropriate quality of care,

8.

Participation in accordance with § 7 (4) of the Act on the performance and quality agreements as well as on the remuneration agreements and in accordance with § 7 (5) of the Act on the performance, remuneration and examination agreements.

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§ 30 Participation in decisions

The Home Advisory Board shall act on the following matters in the case of decisions of the management or the institution:

1.

Establishment or modification of the model contracts for residents and the home organisation,

2.

Measures to prevent accidents,

3.

Modification of the charges of the home,

4.

planning or carrying out events;

5.

All-day and leisure activities,

6.

Accommodation, care and catering,

7.

extension, restriction or termination of the home operation,

8.

Merger with another home,

9.

Modification of the type and purpose of the home or its parts,

10.

extensive structural changes or repair of the home,

11.

participation in measures to promote appropriate quality of care,

12.

Participation in accordance with § 7 (4) of the Act on the performance and quality agreements as well as on the remuneration agreements and in accordance with § 7 (5) of the Act on the performance, remuneration and examination agreements.

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Section 31 Participation in the performance of financial contributions

(1) If a resident or a resident or a third party has made a contribution to the institution or his or her benefit to the institution, the Home Advisory Council shall also be involved in drawing up the budget or economic plans. To this end, the home institution shall provide the home advisory board with the necessary information. If a home institution which operates several homes is responsible for central economic and financial accounting, the home institution shall submit the documents to the home advisory board at the place of the home and shall provide the information concerning the home. The institution shall, in particular, report in writing on the economic situation of the home, on the basis of the plans referred to in the first sentence. The Home Advisory Board may also request information on the assets and earnings situation of the home and, if an annual financial statement has been drawn up by the institution, the annual accounts. (2) Financing provided within the meaning of paragraph 1 all services which have been provided in addition to the ongoing remuneration agreed for the accommodation, for the construction, purchase, repair, equipment or operation of the home. (3) The participation of the Home Advisory Board shall not be required if all Entitlements to the institution through the performance of financial contributions have been established by settlement, repayment or any other form of payment. Unofficial table of contents

Section 32 Form and implementation of the participation of the Heimbeirat

(1) The participation of the Home Advisory Board shall be determined by the effort to build mutual trust and understanding between the population, the management and the institution. (2) In order to carry out its tasks, the Advisory Board shall be appointed by the management or by the institution. Adequate and timely information and, if possible, advising on professional advice. The Home Advisory Board also has a right of joint action and information when a home institution is responsible for measures and decisions within the meaning of Sections 29 and 30 of the Regulation for several homes or a central association for its members. The home counsel shall be provided with the documents at the place of the home and shall provide the information concerning the home. (3) Decisions in matters pursuant to § § 30, 31 shall be made by the management or the institution with the home counsel prior to its implementation. to discuss in good time and with the aim of understanding. Suggestions made by the Advisory Board are to be included in the consideration of the preparation of the decisions. (4) Applications or complaints from the Advisory Board are to be submitted by the management or the institution within a reasonable period of time, within six weeks, at the latest. . The institution shall give reasons for the reply if it fails to take account of the concern of the Board of Homes in its decision. Unofficial table of contents

Section 33 Participation of the spokesperson

§ § 29 to 32 shall apply mutatily to the participation of the spokesperson of the home.

Part Three
Irregularities and final provisions

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§ 34 Administrative Offences

Contrary to the provisions of Section 21 (2) (1) of the Home Act, those who intentionally or negligently act

1.

Contrary to Section 6 (2), an election committee is not appointed or, contrary to § 8, the personnel or the Saxon support required for the preparation or execution of the election are not granted,

2.

Contrary to Section 9 (1), the election of the Home Advisory Board is impeded or influenced,

3.

Contrary to the first sentence of Article 11 (1) or (2), a communication is not communicated

4.

Contrary to Article 23 (1), even in conjunction with Section 28 (1), a member of the Board of Homes or the Homage Spokesperson in the performance of his duties is impeded or discriminated against because of his or her activities,

5.

Contrary to Section 23 (2), even in conjunction with Section 28 (1), a resident or a resident is disadvantaged or favoured,

6.

Contrary to Article 31 (1) sentence 2, there is no information, not correct or not complete,

7.

Contrary to Section 31 (1), third sentence, a document does not, either correctly or incompletely, or do not provide information, not correct or complete, or not, or

8.

Contrary to § 32 (3) sentence 1, decisions before their implementation are not discussed in good time.

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Section 35 Transitional provision

Home councils that have been elected before the entry into force of the Regulation do not have to be re-elected. Unofficial table of contents

§ 36

(Entry into force)