Ordinance on the Arbitration Offices for the Contract Medical (Contractual Dental) Care (Arbitration Decree)

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Arbitral

Date of completion: 28.05.1957

Full quote:

" Arbitration ordinance in the revised version published in the Federal Law Gazette, Part III, outline number 827-10, as published by Article 16 of the Law of 16 July 2015 (BGBl. 1211).

Status:	Last amended by Art. 24 G v. 26.3.2007 I 378
Note:	Amendment by Art. 16 G v. 16.7.2015 I 1211 (No 30) not yet taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 12.3.1978 + + +)
Heading: IdF d. Art. 1 No. 1 V v. 7.4.1998 I 719 mWv 24.4.1998 Unofficial table of contents

Input formula

Pursuant to Section 368i (7) of the Reich Insurance Code, as amended by the Act on Amendments to the Regulations of the Second Book of the Reich Insurance Code and to supplement the Social Court Act (Law on the Law of the Sickness Insurance Law-GKAR) of 17 August 1955 (Bundesgesetzbl. 513), after consultation with the federal committees of doctors, dentists and health insurance companies, is ordered with the consent of the Federal Council:

First section
Common rules applicable to the arbitration and contract dental care services *.

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§ 1

(1) The provincial arbitration offices consist of the non-partisan chairman, two other non-partisan members, four representatives of the doctors (dentists) and four representatives of the health insurance companies. Each representative has two deputies appointed by the body, which orders the representative. The state associations of the health insurance companies and the substitute funds may agree to the number of representatives to be ordered. The number of two representatives shall not be undershot. If the number of representatives of the health insurance companies is reduced, the number of doctors (dentists) is reduced accordingly. (2) In the case of a decision on a contract which does not affect all cash registers, only representatives of the cash registers concerned will act. ; if only one cash register is affected, the representative of that terminal type and one of his/her deputits shall have an effect. The national associations of the health insurance companies and the substitute funds may agree on deviating regulations, but the number of two representatives must not be undershot. If the number of representatives of the health insurance funds is reduced, the number of representatives of the doctors (dentists) is reduced accordingly. (3) The Federal Arbitration Offices consist of the non-partisan chairman, two other non-partisan members, four Representatives of the doctors (dentists) and four representatives of the health insurance companies. Each representative shall have two alternates. The deputy members in the Federal Arbitration Offices are appointed by the body or the association, who send the representative. The representatives of the health insurance companies are appointed by the top association of the health insurance companies. The provisions of paragraph 2 shall apply. (4) If a national arbitration board is set up for the districts of several health insurance associations (treasurers), the health insurance associations shall be responsible for the representatives of the doctors. (dentists). If an agreement is not reached, they shall each propose seven representatives and seven alternates. In this case, the lot shall decide who of those proposed as representatives and, in so far as the number of proposed substitutes exceeds the number required by paragraph 1, who appointed as a substitute (5) The provisions of this Regulation shall apply equally to the Land and Federal Arbitration Offices, in so far as nothing deviates from that. Unofficial table of contents

§ 2

The chairman and his deputy, as well as the two other impartial members and their deputies, shall be deemed to be appointed as soon as they have agreed to the authorities involved in order to take office. Unofficial table of contents

§ 3

The term of office of the members of the arbitration offices is four years, without prejudice to the provision of Section 89 (3) sentence 6 of the Fifth Book of the Social Code. The term of office of the new members during a term of office shall end with the expiry of the term of office. § 26 of the Tenth Book of the Social Code applies. Unofficial table of contents

§ 4

(1) The chairpersons and their alternates, as well as the other two non-partisan members and their substitutes, may, for important reasons, be dismissed by the authority responsible for the supervision of the management of the arbitration offices. The representatives of the physicians (dentists) and their deputies, as well as the representatives of the health insurance companies and their deputies, can be called off by the bodies they have ordered. Membership shall remain in place until a successor is appointed. It shall be notified to the Chairman. Unofficial table of contents

§ 5

The establishment of the Office shall be declared to the body responsible for the appointment. This has to be notified to the chairman. § 4 (2) sentence 2 applies. The Office of the Chairperson and the two other non-partisan members shall be notified of the deposition of the Office and shall be notified to the Supervisory Authority. The declarations shall be made in writing. These provisions shall also apply to alternate members. Unofficial table of contents

§ 6

The members of the arbitration offices are obliged to attend the meetings or to notify their substitutes if they are prevented from attending. This shall apply mutatily to the alternates. Unofficial table of contents

§ 7

Members of the arbitration offices or their deputies appointed by the authorities shall be entitled to reimbursement of their expenses and compensation for loss of time in accordance with the rules applicable to the members of the bodies responsible for the bodies responsible for the bodies of the bodies responsible for the principles. The claim is directed against the ordering body. Unofficial table of contents

§ 8

The chairpersons and the two other impartial members of the Federal Arbitration Offices or their deputists will receive travel expenses in accordance with the rules on travel expenses of the federal civil servants according to the travel cost level C. The claim is based on against the Bundesverband der Ortskrankenkassen. Unofficial table of contents

§ 9

The chairpersons and the two other impartial members of the Land arbitration offices or their deputists shall receive travel expenses in accordance with the rules on travel expenses paid by the officials of the country in accordance with the travel cost level C. The claim shall be against the authority responsible for the management of the provincial offices of the Land arbitration offices. Unofficial table of contents

§ 10

The chairpersons and the two other impartial members of the arbitration offices or their deputies shall receive a lump sum for other cash outlays and for loss of time, the amount of which shall be the level of the bodies involved in consultation with them. to set up. § 8 sentence 2 and § 9 sentence 2 shall apply accordingly. The determination shall be subject to the approval of the supervisory authority. Unofficial table of contents

§ 11

The shops of the provincial skeepers are led by the regional associations of the local sickness funds, if and as long as the top administrative authority of the country responsible for social security has not determined a different position. The offices of the Federal Arbitration Offices are managed by the Confederation of Health Insurance Funds. For the duration of a arbitration procedure involving only one type of cash register, the transactions shall be carried out with the relevant national association, the replacement funds or the Deutsche Rentenversicherung Knappschaft-Bahn-See; the first sentence of the second half-sentence shall remain. unaffected. Unofficial table of contents

§ 12

The bodies bear the costs of the representatives appointed by them themselves. The costs for the chairman and the two other impartial members remaining after deduction of fees (§ § 20 to 22), as well as the other expenses and personal costs of the management, shall be borne by the participating associations of the Doctors (dentists) and the participating associations of the health insurance companies each half. The share of the costs incurred by each association is determined by the number of insured persons insured by the participating associations. If several health insurance associations are involved, each association shall bear the costs in part. Unofficial table of contents

§ 13

(1) If a contract for the supply of medical (cassendental) medical care is not concluded in whole or in part, the arbitration procedure shall begin with the request made at the arbitration board by one of the contracting parties to reach agreement on the To achieve the content of a contract. If none of the Contracting Parties makes an application in accordance with the first sentence, the arbitration procedure shall begin with the application submitted by the competent supervisory authority with effect from the competent supervisory authority. (2) If a announced contract is to be concluded, the If the expiry of the period of notice is not replaced by a new contract, the arbitration procedure shall begin with the day following the expiry of the notice period. The Contracting Party which issued the notice of termination shall notify the arbiter in writing in the light of the facts of the case. Unofficial table of contents

§ 14

The application for the initiation of the arbitration procedure pursuant to Section 13 (1) shall be submitted in writing to the Chairman of the Arbitration. The request shall explain the facts, outline a summary result of the previous negotiations and give rise to the parts of the contract on which agreement has not been reached. Unofficial table of contents

§ 15

Upon request, the Contracting Parties shall submit the documents required for the decision to the arbiter. Unofficial table of contents

§ 16

The Schiedsamt decides on the basis of oral proceedings to which the parties are to be invited. It may also be negotiated in the absence of interested parties, if it is pointed out in the summons. Unofficial table of contents

§ 16a

(1) The Arbitration Office shall be quorum if its members or their voting representatives are present. The decision-making capacity shall be established by the chairman and shall be recorded in the minutes; it shall be valid for the duration of the sitting, if and as long as the chairman and the other impartial members or their substitutes and more than the (2) If the quorum is not present, a new meeting shall be held within 14 calendar days since the first meeting with the same agenda. . A quorum shall be given at this meeting if the chairman or his/her alternate and more than half of the members of the sabot or of whose votes entitled to vote are present. This is the consequence of the invitation to re-session. Unofficial table of contents

§ 17

Experts and witnesses who have been involved in the decision of the Arbitration shall receive compensation or remuneration in accordance with the law on the compensation of justice and the compensation of the law. Unofficial table of contents

§ 18

(1) The Schiedsamt decides with a simple majority of votes. Abstention is not permitted. (2) The consultation and decision-making shall be carried out in the absence of the representatives of the Contracting Parties. Unofficial table of contents

§ 19

The decision of the Office of Arbitration shall be issued in writing, shall be justified and shall be notified to the Parties to the Agreement. The parties concerned shall be informed of the admissibility of the action, the period of time to be observed and the seat of the competent social court. The decision of the arbitration on the remuneration of the services provided for in § 83 and § 85 of the Fifth Book of the Social Code shall be submitted to the competent supervisory authority. Unofficial table of contents

§ 20

A fee of 200 to 600 euros will be charged for the establishment of a contract by the Arbitration Board; the fee shall be determined by the Chairman according to the meaning and difficulty of the case. If the arbitration procedure is carried out in a different way, the minimum fee shall be charged. Unofficial table of contents

Section 21

The fee will be charged as soon as the sliding office has fixed the contract content or the arbitration procedure has been carried out in another way. Unofficial table of contents

Section 22

The fee is to be paid half by each of the parties involved. If, on the part of a Contracting Party, a number of entities are involved in the contract, they shall be jointly and severally liable for the proportion of fees accruing pursuant to the first sentence.

Second section

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§ § 22a and 22b (omitted)

Third Section
Final provisions

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Section 23

(1) This Regulation shall apply in accordance with Section 14 of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. 1) in conjunction with Article 3 of the Law on Sickness Insurance Law in the Land of Berlin, with the proviso that the representatives of the health insurance companies in the Land Arbitration Offices until the resumption of the activities of the operating and inpatient health insurance funds in Berlin is appointed by the sickness insurance institution of Berlin. (2) Unofficial table of contents

§ 24

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Section 25

This Regulation shall enter into force with the date following the announcement. Unofficial table of contents

Final formula

The Federal Minister for Labour