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Regulation on the participation of the relevant organisations at the federal level for the perception of the interests and self-help of people in need of care and of the disabled, as well as of the caring relatives in the field of assessment and quality

Original Language Title: Verordnung zur Beteiligung der auf Bundesebene maßgeblichen Organisationen für die Wahrnehmung der Interessen und der Selbsthilfe der pflegebedürftigen und behinderten Menschen sowie der pflegenden Angehörigen im Bereich der Begutachtung und Quali...

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Regulation on the participation of the relevant organisations at federal level for the exercise of the interests and self-help of people in need of care and of the disabled, as well as of the caring relatives in the field of evaluation and Quality assurance of the social care insurance scheme (nursing care provision regulation-nursing equity)

Unofficial table of contents

Care Participation V

Date of completion: 22.03.2013

Full quote:

" Nursing needs regulation of 22 March 2013 (BGBl. I p. 599) "

Footnote

(+ + + Text evidence from: 29.3.2013 + + +) 

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Input formula

Pursuant to Article 118 (2) of the Eleventh Book of the Social Code-Social Care Insurance-which is defined by Article 1 (45) of the Law of 23. October 2012 (BGBl. I p. 2246), the Federal Ministry of Health is responsible for: Unofficial table of contents

§ 1 Conditions for the recognition of relevant organizations at the federal level

Relevant organizations for the perception of the interests and self-help of those in need of care and disabled persons as well as the caring relatives at the federal level within the meaning of § 118 of the Eleventh Book of Social Code are organizations, The
1.
According to its statutes, it is ideal and not only temporary for the needs of people in need of care and disabled persons, as well as caregivers or for self-help in the care of people who are in need of care, as well as for the caring relatives. ,
2.
in their internal order comply with democratic principles,
3.
are called to do so in accordance with their membership circle or task, the interests of those in need of care and the disabled, as well as the caring relatives or the self-help of dependent and disabled persons as well as the caring for the care To represent at the federal level,
4.
provide a guarantee of proper performance of the tasks, taking into account the nature and extent of the activity to date, the membership circuit or its task and the capacity to perform,
5.
can prove that they are neutral and independent by disclosure of their funding, and
6.
for charitable purposes.
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§ 2 Recognizing organizations

As authoritive organizations for the perception of the interests and self-help of people in need of care and disabled persons at the federal level, the following apply:
1.
the social association Vdk Germany e. V.,
2.
the Social Union of Germany e. V.-Bundesverband-,
3.
The Bundesarbeitsgemeinschaft SELFTHILFE of people with disabilities and chronic illness and their relatives e. V.,
4.
The advocacy of self-determined life in Germany e. V.,
5.
the Bundesarbeitsgemeinschaft der Senioren-Organizations e. V. and
6.
The Federal Association of Consumer Organisations-Consumer Protection Association (Bundesverband e). V.
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§ 3 Recognition of other organisations

The Federal Ministry of Health may, upon request, recognize other organizations which are not members of the associations referred to in § 2 as the relevant organization at the federal level, if the applicant organization which is responsible pursuant to § 1 meets the necessary criteria and proves them. The Federal Ministry of Health shall give the countries an opportunity to submit their comments within a reasonable period of time before the decision; the opinions shall be included in the decision. The recognition shall be given by the administrative act. Unofficial table of contents

§ 4 Disqualification of recognition

In accordance with § 113 of the Eleventh Book of the Social Code, the Association of the Covenant of the Nurses or another agreement partner has doubts that one of the organizations referred to in § 2 or one of the organisations recognised in accordance with § 3 of the German Social Code (Sozialgesetzbuch) is the He asks the Federal Ministry of Health to review the organisation in question. If the review shows that the criteria are not fulfilled, the Federal Ministry of Health shall establish by means of an administrative act that the organization concerned does not have a relevant organization at the federal level within the meaning of § 118 of the Eleventh Book Social Code. Unofficial table of contents

Section 5 Procedure of participation

(1) The organizations referred to in § 2 and the organizations recognized in accordance with § 3 may, for the purpose of exercising the advisory rights referred to in Article 118 (1) of the Eleventh Book of the Social Code, by common accord of the respective advisory procedure, six knowledgeable persons. If an agreement is not reached within four weeks after the written request of an organization referred to in § 2 or recognized in accordance with § 3, the Federal Ministry of Health shall decide on the request of a Organisation without delay by lot. (2) The participation of the relevant organisations must be carried out at an early stage. For this purpose, the necessary documents shall be made available in a timely and complete manner to the organisations referred to in § 2 and to the organisations recognised in accordance with § 3. The knowledgeable persons have a right of co-consultation, but no right to vote. (3) The organisations mentioned in § 2 and the organisations recognised in accordance with § 3 may propose subjects to which expert standards for the protection and further development of the quality in the To be developed according to § 113a of the Eleventh Book of Social Law. The procedure shall be determined in accordance with the Rules of Procedure in accordance with § 113a (2) of the Eleventh Book of Social Code. Unofficial table of contents

§ 6 Transitional provision

Were before the 30. October 2012 already initiated proceedings for the preparation of the guidelines referred to in § 118 (1), first sentence, point 1 of the Eleventh Book of Social Code, or negotiations on the guidelines referred to in § 118 (1) sentence 1, point 2 of the Eleventh Book of Social Law , the participation shall, in accordance with this Regulation, if no participation procedure has yet been initiated, from the relevant stage of the proceedings. Unofficial table of contents

Section 7 Entry into force

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

Final formula

The Federal Council has agreed.