Consolidated Federal Law: Entire Legislation for Hospitals and
Kuranstaltengesetz, version dated 01.02.2020
To press
long Title
Federal Act on Hospitals and Health Centers (KAKuG)
StF: BGBl. No. 1/1957 (NR: GP VIII AB 164 p. 22. BR: p. 121.)
modification
Federal Law Gazette No. 27/1958 (NR: GP VIII IA 48 / A AB 398 p. 53. BR: p. 131.)
Federal Law Gazette No. 50/1973 (VfGH)
Federal Law Gazette No. 281/1974 (NR: GP XIII RV 769 AB 1096 p. 106. BR: p. 331.)
Federal Law Gazette No. 90/1976 (VfGH)
Federal Law Gazette No. 659/1977 (NR: GP XIV RV 656 AB 682 p. 78. BR: AB 1761 p. 370.)
Federal Law Gazette No. 456/1978 (NR: GP XIV IA 101 / A AB 963 p. 98. BR: AB 1883 p. 378.)
BGBl. No. 106/1979 (NR: GP XIV IA 152 / A AB 1197 p. 119. BR: AB 1986 p. 384.)
Federal Law Gazette No. 273/1982 (NR: GP XV RV 969 AB 1089 p. 116. BR: p. 424.)
BGBl. No. 122/1983 (NR: GP XV IA 220 / A AB 1336 p. 139. BR: AB 2621 p. 430.)
Federal Law Gazette No. 218/1985 (NR: GP XVI IA 123 / A AB 538 p. 77. BR: AB 2936 p. 456.)
Federal Law Gazette No. 565/1985 (NR: GP XVI AB 819 p. 120. BR: AB 3066 p. 470.)
Federal Law Gazette No. 282/1988 (NR: GP XVII RV 546 AB 589 p. 64. BR: 3478 AB 3482 p. 502.)
Federal Law Gazette No. 745/1988 (NR: GP XVII RV 504 AB 814 p. 87. BR: AB 3612 p. 510.)
BGBl. No. 157/1990 (NR: GP XVII AB 1204 p. 132. BR: 3817 AB 3822 p. 526.)
Federal Law Gazette No. 70/1991 (NR: GP XVIII IA 63 / A AB 55 S. 13. BR: AB 4021 S. 537.)
BGBl. No. 233/1991 (NR: GP XVIII RV 11 AB 108 S. 26. BR: AB 4043 S. 540.)
BGBl. No. 701/1991 (NR: GP XVIII RV 326 AB 344 p. 53. BR: AB 4185 p. 548.)
Federal Law Gazette No. 186/1992 (VfGH)
Federal Law Gazette No. 801/1993 (NR: GP XVIII RV 1080 AB 1257 p. 133. BR: 4643 AB 4652 p. 575.)
Federal Law Gazette No. 474/1995 (NR: GP XIX RV 219 AB 256 p. 41. BR: AB 5036 p. 602.)
Federal Law Gazette No. 732/1995 (NR: GP XIX RV 232 AB 329 p. 52. BR: AB 5093 p. 605.)
Federal Law Gazette No. 853/1995 (NR: GP XIX IA 407 / A AB 389 p. 57. BR: AB 5121 p. 606.)
Federal Law Gazette No. 751/1996 (NR: GP XX RV 379 AB 429 p. 49. BR: 5303, 5304 AB 5324 p. 619.)
BGBl. I No. 95/1998 (NR: GP XX IA 745 / A AB 1269 p. 128. BR: AB 5707 p. 642.)
BGBl. I No. 80/2000 (NR: GP XXI RV 182 AB 233 p. 32. BR: AB 6186 p. 667.)
BGBl. I No. 135/2000 (NR: GP XXI RV 296 AB 366 p. 44. BR: AB 6275 p. 670.)
BGBl. I No. 5/2001 (NR: GP XXI RV 396 AB 409 S. 52. BR: 6291 AB 6286 S. 671.)
BGBl. I No. 136/2001 (NR: GP XXI RV 742 AB 824 p. 81. BR: 6458 AB 6459 p. 681.)
BGBl. I No. 64/2002 (NR: GP XXI AB 994 p. 94. BR: AB 6580 p. 685.)
BGBl. I No. 65/2002 (NR: GP XXI RV 772 AB 885 p. 83. BR: 6488 AB 6496 p. 682.)
BGBl. I No. 90/2002 (NR: GP XXI RV 1067 AB 1100 p. 104. BR: AB 6658 p. 688.)
BGBl. I No. 35/2004 (NR: GP XXII RV 384 AB 440 p. 56. BR: AB 7025 p. 707.)
[CELEX No .: 32001L0020]
BGBl. I No. 156/2004 (NR: GP XXII RV 702 AB 731 p. 89. BR: 7159 AB 7181 p. 717.)
BGBl. I No. 168/2004 (NR: GP XXII RV 676 AB 718 p. 90. BR: AB 7179 p. 717.)
[CELEX-No .: 32002L0098, 32004L0033]
BGBl. I No. 179/2004 (NR: GP XXII RV 693 AB 711 p. 90. BR: AB 7175 p. 717.)
BGBl. I No. 155/2005 (NR: GP XXII RV 1086 AB 1136 p. 125.)
[CELEX no .: 31978L0686, 31978L0687, 31993L0016]
BGBl. I No. 122/2006 (NR: GP XXII RV 1414 AB 1495 p. 150. App. Of BR: 1621 AB 1630 p. 160. BR: 7539
AB 7601 p. 736.)
BGBl. I No. 101/2007 (NR: GP XXIII RV 297 AB 352 p. 40. BR: 7796 AB 7828 p. 751.)
BGBl. I No. 49/2008 (NR: GP XXIII RV 261 AB 343 p. 40. BR: AB 7823 p. 751.)
[CELEX-No: 32004L0023, 32006L0017, 32006L0086]
BGBl. I No. 124/2009 (NR: GP XXIV RV 237 AB 404 p. 45. BR: AB 8210 p. 779.)
BGBl. I No. 61/2010 (NR: GP XXIV RV 779 AB 853 p. 74. BR: 8352 AB 8374 p. 787.)
[CELEX No .: 32004L0083]
BGBl. I No. 69/2011 (NR: GP XXIV RV 1200 AB 1348 p. 114. BR: AB 8566 p. 799.)
BGBl. I No. 147/2011 (NR: GP XXIV RV 1519 AB 1587 p. 135. BR: AB 8630 p. 803.)
BGBl. I No. 108/2012 (NR: GP XXIV RV 1935 AB 1980 p. 179. BR: 8814 AB 8819 p. 815.)
[CELEX No .: 32010L0053]
BGBl. I No. 81/2013 (NR: GP XXIV RV 2243 AB 2255 p. 200. BR: AB 8961 p. 820.)
BGBl. I No. 32/2014 (NR: GP XXV RV 33 AB 77 S. 17. BR: AB 9151 S. 828.)
[CELEX-No: 31989L0105, 32009L0050, 32011L0024, 32011L0051, 32011L0095, 32011L0098, 32012L0052,
32013L0025]
BGBl. I No. 3/2016 (NR: GP XXV RV 912 AB 974 p. 111. BR: AB 9531 p. 850.)
BGBl. I No. 26/2017 (NR: GP XXV RV 1333 AB 1373 p. 157. BR: 9665 AB 9704 p. 863.)
BGBl. I No. 59/2017 (NR: GP XXV RV 1461 AB 1528 p. 173. BR: AB 9764 p. 866.)
BGBl. I No. 131/2017 (NR: GP XXV IA 2255 / A AB 1714 p. 188. BR: AB 9882 p. 871.)
BGBl. I No. 37/2018 (NR: GP XXVI RV 108 AB 139 P. 23. BR: 9967 AB 9970 P. 880.)
[CELEX-No .: 32017L2399, 32017L1572]
BGBl. I No. 100/2018 (NR: GP XXVI RV 329 AB 413 p. 57. BR: 10079 AB 10082 p. 888.)
BGBl. I No. 13/2019 (NR: GP XXVI RV 374 AB 439 p. 57. BR: AB 10117 p. 888.)
BGBl. I No. 14/2019 (NR: GP XXVI RV 301 AB 463 p. 57. BR: AB 10104 p. 888.)
Note for the following provision
Basic provision
text
FIRST PART.
Basic provisions on hospitals (Art. 12 para. 1 no. 2 of the Federal
Constitution Act).
(Note: correct: Art. 12 Abs. 1 Z 1 of the Federal Constitutional Law)
Main part A.
Definitions.
§ 1. (1) Hospitals (medical and nursing homes) are to be understood as facilities that
1. to determine and monitor the state of health by examination,
2. to perform surgical interventions,
3. for the prevention, improvement and healing of diseases through treatment,
4. for childbirth,
5. for measures of medical reproductive aid or
6. to provide organs for the purpose of transplantation
are determined.
(2) Furthermore, hospitals are also to be regarded as facilities that provide medical care and
special care for the chronically ill.
Note for the following provision
Basic provision
Section 2. (1) Hospitals within the meaning of Section 1 are:
1. General hospitals, these are hospitals for people without distinction
Gender, age or type of medical care (§ 1);
2. Special hospitals, these are hospitals for the examination and treatment of
People with certain diseases or people of certain ages or for certain
purposes;
3. Nursing homes for the chronically ill who require medical care and special care;
4. Sanatoriums, these are hospitals that have higher demands due to their special equipment
correspond in terms of food and accommodation;
5. Independent outpatient clinics, these are organizationally independent institutions that the
Examination or treatment of persons who do not serve as institutional care
require. The purpose of an independent outpatient clinic is then not changed,
if this outpatient clinic has an adequate number of beds for a short-term stay
Accommodation for carrying out outpatient diagnostic and therapeutic measures
is indispensable. Conducting home visits in the respective catchment area is permitted;
6. military hospitals, these are hospitals operated by the Confederation that operate directly
and predominantly in connection with the fulfillment of the tasks of the Federal Army in accordance with § 2
of the Wehrgesetzes 2001, Federal Law Gazette I No. 146/2001.
(2) The following are not considered to be hospitals within the meaning of Section 1:
a) Institutions responsible for accommodating law abusers who are mentally abnormal or in need of weaning
are determined, as well as health departments in prisons;
(b) facilities held by establishments for first aid and
Occupational medicine centers in accordance with section 80 of the Workers Protection Act, Federal Law Gazette No. 450/1994, last
amended by Federal Law Gazette I No. 70/1999 (ASchG);
c) facilities for the application of medical treatments resulting from a
local healing resources or their products, including the use of
such additional therapies to supplement the spa treatment according to a doctor's order
applied and where it can be assumed that the state of the art
medical supervision of the operation is sufficient to have harmful effects on life or the
Exclude human health;
d) the Austrian Agency for Health and Food Safety GmbH within the meaning of the
Federal Law BGBl. I No. 63/2002 in the version of the Federal Law BGBl. I No. 63/2009;
e) group practices;
f) medical care facilities in care facilities according to § 1 Z 5 of the
Grundversorgungsgesetzes-Bund 2005, Federal Law Gazette No. 405/1991, for asylum seekers.
(3) Facilities that enable simultaneous treatment of several people and through which
Employment especially of health professionals an organizational density and structure
have, in particular with regard to the division of labor and the volume of services
require institutional regulations are not to be regarded as ordination places for doctors or dentists. she
are subject to hospital regulations.
(4) Insofar as the terms “medical university” or “university at which one
medical faculty is used, including those according to § 6 of the
Universities Act 2002, Federal Law Gazette I No. 120/2002, to understand universities.
Note for the following provision
Basic provision
§ 2a. (1) General hospitals are to be set up as
a) Standard hospitals in accordance with paragraph 5 with at least two departments, one for
Internal Medicine. Furthermore, at least basic outpatient care for surgical and / or
acute trauma cases in the sense of the performance matrix of the Austrian structure plan
Health (ÖSG) can be guaranteed. Furthermore, facilities for anesthesiology, for
X-ray diagnostics and for performing post-mortem examinations and be available by specialists of the
related special subjects. According to the purpose of the institution and the
The range of services to be considered for other medical special subjects must be a medical one
Supervision by specialists as consultants.
b) Priority hospitals in accordance with paragraph 4 with departments at least for:
1. ophthalmology and optometry,
2. surgery,
3. gynecology and obstetrics,
4. ear, nose and throat medicine,
5. Internal medicine
6. Pediatrics and adolescent medicine
7. Neurology,
8. orthopedics and traumatology,
9. Psychiatry and psychotherapeutic medicine and
10. urology;
facilities for anesthesiology, for hemodialysis, for radiation diagnostics and -
therapy as well as nuclear medicine, for physical medicine, and for intensive care (included
Intensive care for neonatology and pediatrics) must be available and by specialists of the
appropriate special subject are looked after; according to the needs of the care on the
Specialist in oral, maxillofacial and facial surgery by our own facilities or by specialists as
Consultants to take place. Considering the purpose of the institution and the range of services
Coming further special medical subjects requires medical care by specialists
be assured as consultants; after all, have an institutional pharmacy, a pathological institute
as well as an institute for medical and chemical laboratory diagnostics.
c) Central hospitals with basically all the current state of medical science
corresponding specialized facilities.
(2) Hospitals that, in addition to the tasks set out in § 1, do all or part of research and teaching
a medical university or a university with a medical faculty,
central hospitals within the meaning of paragraph 1 lit. c.
(3) The state legislation can stipulate that
1. the requirements of paragraph 1 are also met if the departments or
other organizational units are housed separately, if
a) these departments or other organizational units are functionally and organizationally connected
are, the separate accommodation in another state and under the
§ 3d regulated conditions is also permitted in the territory of another state, and
b) the separately housed departments or other organizational units
Take care to the extent that the level of care of the respective hospital
or hospital location in accordance with Section 3 (3a).
2. Basic outpatient care for surgical and / or in standard hospitals
Accident-surgical acute cases in the sense of the performance matrix of the ÖSG also by a central office
Outpatient primary care unit or through cooperation with other suitable
Healthcare providers in a reasonable distance in the same catchment area ensured
can be and
3. of the establishment of individuals in paragraph 1 lit. b designated departments and other facilities
can be disregarded if, in the catchment area in which the hospital is intended,
the departments, departments, specialist areas or other institutions concerned
a range of services of the required level of care and fulfillment of the associated
Requirements in another hospital already exist and no additional needs
given is.
(Note: Paragraph 4 repealed by Art. 2 no. 3, Federal Law Gazette I No. 26/2017)
(5) The state legislation for hospitals in accordance with Paragraph 1 lit. a and b as well as paragraph 4, insofar as
provided there, and in accordance with § 2b the establishment of the following reduced forms of organization
provide:
1. Departments
(Note: lit. a repealed by Z 2, Federal Law Gazette I No. 13/2019)
b) for acute geriatrics / remobilization within the framework of internal medicine departments or departments
for neurology,
c) for remobilization and aftercare within the framework of departments for internal medicine, orthopedics and
orthopedic surgery and trauma surgery or orthopedics and traumatology, the
State legislation may provide for other departments that are technically suitable
(Note: lit.d canceled by Z 2, BGBl. I No. 13/2019)
e) for psychosomatic medicine for adults primarily within the departments of psychiatry or for
Internal medicine and
f) for child and adolescent psychosomatics primarily within the framework of departments for children and
Adolescent medicine or for child and adolescent psychiatry.
2. Specialist areas
a) for the special medical subjects ophthalmology and optometry, neck, nose and throat
Otology, oral and maxillofacial surgery, orthopedics, trauma surgery, orthopedics and
Traumatology, Plastic, Aesthetic and Reconstructive Surgery, Skin and
Venereal diseases as well as urology and
b) for surgery, paediatrics and adolescent medicine, in exceptional cases also for gynecology and
Gynecology and obstetrics (primary care) with inadequate access to the
nearest department for gynecology and obstetrics, according to standard hospitals only
Paragraph 1 lit. a,
3. Dislocated weekly clinics for each special subject as well
4. Dislocated day clinics for each specialty.
With the exception of departments for psychosomatic medicine (Z 1
lit. e and f) only in justified exceptional cases, such as to cover supply gaps in peripheral areas
Regions or to produce a regionally balanced supply if the economic
Operation of a department cannot be expected due to insufficient capacity utilization.
Note for the following provision
Basic provision
Specialized organizational forms
§ 2 B. (1) Departments are bed-leading facilities that can be operated without time restrictions
and within the scope of coverage of the population-related supply needs in
in their catchment area in accordance with Section 8 (1) the availability of specialist medical staff at all times
Have to ensure acute care for persons in need of a prison in the respective special subject.
(2) In addition to departments or in place of departments, the following can be carried out in accordance with Section 2a (5)
reduced, organizational forms related to newsletters are kept as organizational units:
1. Departments as bed-leading facilities for remobilization and aftercare as well as for
Acute geriatrics / remobilization with at least 15 beds as well as for psychosomatics and children's and
Adolescent psychosomatics with at least 12 beds. Departments must, in accordance with Section 8 (1)
operated without time restrictions, via at least three specialists or doctors for
General medicine with the appropriate quali fi cation and within the scope of a specialist department
be set up within the hospital in accordance with Section 2a (5) (1).
2. Specialist areas as bed-leading facilities with eight to fourteen beds and
limited range of services in the sense of the performance matrix of the ÖSG including
Acute care during the opening period for the medical special subjects according to § 2a paragraph 5
Z 2. Specializations may have restricted opening and operating times. Outside
The opening times but during the operating hours is at least on call
sure. Outside of the operating hours of the specialist focus is the required
Follow-up care of patients who have not been discharged through the partner or mother department
sure. Specialist areas must have at least two specialists of the available
Specialty and, if necessary, other specialists to cover on-call duty
feature. The establishment of specialist areas can be carried out in standard hospitals according to § 2a
Paragraph 1 lit. a in addition to the departments to be kept and in specialized hospitals
according to § 2a Abs. 1 lit. b also take the place of departments to be kept.
3. Dislocated weekly clinics as bed management facilities. They are used to carry out
Treatments with a short stay, with the range of services based on basic care
is restricted in the sense of the performance matrix of the ÖSG. The establishment of relocated weekly clinics
is only available in standard hospitals in accordance with Section 2a (1) lit. a and in specialized hospitals
according to § 2a Abs. 1 lit. b in addition to the departments of the hospitals to be kept
allowed. Operating times of dislocated weekly clinics are based on weekly operation and opening times
can be restricted in time of day. Outside the opening times but during the operating hours
ensure at least on-call service. The institutional regulations may have different regulations
provide for holidays. If necessary, the partner or parent department will make the necessary
Continuing care for patients not discharged outside of the operating hours
sure.
4. Dislocated day clinics as bed-leading facilities at locations of hospitals without
fully stationary bed-leading facility (department, department or specialist focus) of the same
Special subject with a restricted to services that can be performed selectively on a daily basis
Range of services in the sense of the performance matrix of the ÖSG. They have restricted openings and
Operating times on. Outside of the opening hours but during the operating hours is at least one
Ensure on-call service. If necessary, is the partner or parent department
necessary further care of patients not discharged outside of the operating hours
sure. Dislocated day clinics can be found in standard hospitals in accordance with Section 2a (1)
lit. a and in specialty hospitals in accordance with Section 2a (1) lit. b in addition to the
departments to be set up.
(3) Specialized areas of expertise as well as deployed weekly and day clinics can end in the
Hospital either
1. are managed independently and with regard to quality assurance, complication management,
Securing aftercare and medical training to a department in the same specialty
be connected to another hospital (partner department) or
2. not be set up independently as a satellite. Medical care from as satellites
established specialist areas as well as deployed weekly and day clinics through a
Department of the same discipline to be carried out in another hospital or at a
other hospital location (parent department) or
3. are managed within cross-location departments in accordance with paragraph 4.
(4) Divisions in accordance with paragraph 1 can work under joint management under the following conditions
be managed across locations:
1. In any case, the organizational unit is at the hospital location of the highest level of care
set up according to the criteria in paragraph 1. At other locations, the
Organizational units meet the criteria set out in paragraph 1 or 2.
2. In the respective RSG, the cross-location departments are at the corresponding locations
with their organizational units explicitly identified according to the criteria in paragraphs 1 to 3.
3. The range of services of the organizational units at the respective locations are analogous to those
provided in the performance matrix of the ÖSG for departments or other organizational units
Define range of services.
4. For the respective care level of the hospital location and according to paragraph 1 or 2
Organizational units that have been set up are the criteria to be observed with regard to provision and
Meet operations at all locations.
5. Section 3 (3a) applies analogously.
6. It must be ensured that service ranges reserved for higher supply levels
without exception, the locations with the higher care level and the corresponding
Infrastructure reserved.
Note for the following provision
Basic provision
reference centers
§ 2c. Specialized structures within the framework of bed-leading are used as reference centers
Organizational structures referred to, which are fundamentally used in specialized or central hospitals
Bundling the provision of complex services can be set up for the following areas:
1. Cardiac surgery, traumatology, obstetrics / perinatal care, thoracic surgery, vascular surgery,
Transplant Surgery, Interventional Cardiology, Oncological Care,
Stem cell transplantation, nuclear medicine inpatient therapy and nephrology for adults
including people who have reached the age of 14, and
2. Cardiac surgery, trauma care, pediatrics and adolescent medicine (including pediatric and
Adolescent surgery), transplant surgery, interventional cardiology for those who
Have not yet reached the age of 14, as well as oncological care and
Stem cell transplantation for people who have not yet reached the age of 18.
Note for the following provision
Basic provision
Main piece B.
General provisions for the establishment and operation of hospitals.
Establishment and operating license for bed-leading hospitals
Section 3. (1) Hospitals in bed require both, unless otherwise specified in Section 42d
Establishment and operation of a license from the state government. Applications for the grant of
Permits for the establishment have the purpose of the institution and the envisaged range of services
(Range of services, volume of services including planned staffing) exactly to
describe. A preliminary determination of the question of need is permitted.
(2) The authorization to set up a hospital within the meaning of paragraph 1 may only be granted if
in particular
a) according to the stated purpose of the institution and the envisaged range of services in
With regard to the already existing supply offer of public, private non - profit and
other bed-leading hospitals with health insurance contracts to maintain one
high quality, balanced and generally accessible health care and
Maintaining the fi nancial balance of the social security system according to a need
Paragraphs 2b and 2c are given;
b) the right of ownership or other rights to use those envisaged for the institution
Plant are proven;
c) the building planned or already existing for the accommodation of the institution with regard to the
Construction or fire and construction of such buildings
complies with health regulations and
d) there are no concerns about the applicant.
If a contract award procedure of social insurance on the subject matter
Scope of benefits is pending or within three months after delivery of the decision on the
If the need is initiated, it is also a prerequisite for the granting of the construction permit
a social insurance contract commitment based on this contract award procedure.
(2a) The state government has to refrain from examining the needs, if according to the intended
Services offered in the hospital are exclusively non-reimbursable under social security law
Services are to be provided. The locally responsible regional office of the Austrian
Health insurance fund is asking whether the range of services is exclusive
benefits that are not reimbursable under social security law. In addition, from the
To check the need if a construction permit has already been issued and the relocation
of the location within the same catchment area.
(2b) If the scope of services covered by the procedure in the regulations pursuant to Section 23 or Section 24
of the Federal Law on Partnership Targeting Health, Federal Law Gazette I № 26/2017, is regulated
with regard to the need to check whether the project complies with these regulations. Is this
If the project is not regulated in the above-mentioned regulations, paragraph 2c shall apply accordingly.
(2c) There is a need for other bed-leading hospitals, if taking into account
the results of the planning of the respective RSG with regard to
1. the local conditions (regional rural or urban population structure and population density),
2. the transport links that are important for the supply,
3. the utilization of existing inpatient facilities as well
4. the development trends in medicine or dentistry
a significant improvement in the provision of care can be demonstrated.
(2d) In the approval procedure or procedure for preliminary determination, an expert opinion on health
Österreich GesmbH or a comparable health planning institute on the existence of the criteria
in accordance with paragraph 2c.
(3) The submission of documents to demonstrate the prerequisites pursuant to para. 2 lit. b to d is not
Required if an advance assessment of the need is requested.
(3a) If a hospital has more than one location (multi-location hospital), the decision includes
to whom the installation permit is issued, for each location in accordance with the assigned range of services
determine the level of care in accordance with section 2a (1). At the respective location are those for the specified
Compliance with the supply level for each performance area.
(4) A license to operate a hospital may only be granted if in particular
a) the approval for the establishment within the meaning of paragraph 2 in conjunction with paragraph 2b or 2c was granted
is;
(b) the medical equipment necessary for the immediate operation of the hospital and
technical facilities are available and the operating system as well as all medical equipment
and technical facilities to the security and health regulations
as well as the requirements of the respective regulations according to § 23 or § 24 of the
Federal Law on Partnership Targeting Health, Federal Law Gazette I No. 26/2017, are fulfilled;
c) the proposed structural quality criteria are met;
d) none against the institutional regulations provided for the internal operation of the hospital (§ 6)
Concerns exist;
e) nominated a suitable doctor as the responsible head of the medical service (Section 7 (1))
and for the management of the individual departments and other organizational units
suitable persons have been named as responsible doctors (Section 7 (4)) and
it is made credible that the rest of the time according to the purpose of the institution and the prospect
the required personnel equipment will be secured;
f) the conclusion of a liability insurance is proven, provided that such according to § 5c
is required.
(5) If the legal entity of the hospital is a health insurance institution, it is required for establishment
a bed-leading hospital no permit The intended establishment of a general
The state government must report a hospital to a social insurance institution. The authorization
for the operation of the bed-leading hospital of a social security institution is to be issued if the
Requirements of paragraph 4 lit. b to e are given.
(6) Furthermore, the state legislation must provide that in procedures for granting the license to
Establishment of a hospital and legal procedures in advance to determine needs
Representation of interests of private hospitals and affected social security institutions with regard to the
according to § 3 para. 2 lit. a in connection with paragraph 2c needs to be examined party position within the meaning of § 8 AVG
and the right of appeal to the state administrative court pursuant to Art. 132 para. 5 B-VG and against
Findings and decisions of the regional administrative court the right of revision to the
Administrative Court according to Art. 133 para. 1 B-VG.
(7) The state legislation provides for more detailed regulations regarding the requirements for approval
the establishment and operation as well as the closure of a hospital that contravenes the provisions of
Paragraphs 2 to 4 is to be adopted.
Note for the following provision
Basic provision
Admission procedure for independent outpatient clinics
§ 3a. (1) Independent outpatient clinics, unless otherwise specified in Section 42d, require both for their
Establishment and operation of a license from the state government. Applications for the grant of
Permits for the establishment have the purpose of the institution and the envisaged range of services
(Range of services, opening times taking into account daytime and nighttime, Saturday, Sunday
and public holidays as well as the volume of services including the planned staffing, in particular
number of doctors or dentists). A preliminary statement on the
The requirements of paragraph 3 are permissible.
(2) The approval for the establishment may only be granted if in particular
1. according to the stated purpose of the institution and the envisaged range of services in
With regard to the already existing supply offer of public, private non - profit and
other hospitals with health insurance contracts and also with regard to the range of services
through outpatient clinics of the hospitals mentioned and the company's own facilities,
resident doctors, group practices and independent outpatient clinics, insofar as they
Provide reimbursable benefits under social security law for the self-employed
Dental outpatients also with regard to resident dentists, dentists and dental
Group practices insofar as they provide reimbursable benefits under social security law,
a) to maintain a high quality, balanced and generally accessible
Health care and
b) to maintain the financial balance of the social security system
a substantial improvement in the supply in the catchment area can be achieved,
2. the right of ownership or other rights to use those envisaged for the institution
Plant are proven,
3. the building planned or already existing for the accommodation of the institution with regard to the
Construction or fire and construction of such buildings
complies with health regulations and
4. there are no concerns about the applicant.
If a contract award procedure of social insurance on the subject matter
Scope of benefits is pending or within three months after notification of the decision
State government about which needs are initiated is a prerequisite for issuing the
Construction permit also a social insurance contract commitment based on this
Contract award procedure.
(3) When assessing whether there is a significant improvement in the supply in the catchment area
can be achieved based on the results of the planning of the respective RSG
Criteria to consider:
1. local conditions (regional rural or urban population structure and population density),
2. the transport links that are important for the supply,
3. the usage behavior and the utilization of existing service providers who
provide reimbursable benefits under social insurance law, through fosterlings,
4. the average load on existing service providers according to Z 3 and
5. the development trends in medicine or dentistry.
(3a) If the scope of services covered by the procedure in the regulations pursuant to Section 23 or Section 24
of the Federal Law on Partnership Targeting Health, Federal Law Gazette I № 26/2017, is regulated
with regard to the need to check whether the project complies with these regulations. Is this
If the project is not regulated in the above-mentioned regulations, paragraph 3 shall apply accordingly.
(4) The state government shall refrain from an examination in accordance with para. 2 no. 1 in conjunction with para. 3
if only according to the intended range of services in the independent outpatient clinic
benefits that are not reimbursable under social security law are to be provided. The locally responsible
The regional office of the Austrian Health Insurance Fund is asking whether the range of services is
hear only benefits that are not reimbursable under social security law. About that
In addition, the need should not be checked if a construction permit has already been issued
and the relocation takes place within the same catchment area.
(5) A health report is in the approval process or the procedure for preliminary determination
Österreich GesmbH or a comparable health planning institute as well as a justified one
Statement by the respective state health fund on the existence of the criteria in accordance with paragraph 3
catch up.
(6) The submission of documents to prove the prerequisites in accordance with Para. 2 no
required if a separate preliminary determination is made regarding the requirements in accordance with paragraph 3.
(7) The construction permit has - except in the case of paragraph 4 - within the scope of the application
in any case, the volume of services, the range of services and opening times tailored to requirements
(Consideration of daytime and night times and of Saturdays, Sundays and public holidays) as well
if necessary, standby times and - where appropriate - the obligation to carry out
Determine home visits by stipulations.
(8) Furthermore, the state legislation must provide that in procedures for granting the license to
Establishment of an independent outpatient clinic - except in the case of paragraph 4 - concerned
Social insurance institutions, the legal representation of interests of private hospitals and the responsible
State Chamber of Physicians or, in the case of independent dental outpatients, the Austrian Chamber of Dentists
with regard to the need for a party position within the meaning of Section 8 AVG and the right to lodge a complaint with the
State administrative court in accordance with Art. 132 Para. 5 B-VG and against knowledge and decisions of the
Provincial Administrative Court has the right to appeal to the Administrative Court in accordance with Art. 133 Para. 1 B-
VG have. This also applies to procedures for the preliminary determination of the requirements of paragraph 3.
(9) The establishment permit for an independent outpatient clinic, the legal entity of which
Health insurance provider is to be issued if there is agreement between the
Health insurance institutions and with the relevant local state medical association
or the Austrian Dental Association or between the umbrella organization of social insurance institutions
and the Austrian Chamber of Physicians and the Austrian Chamber of Dentists (Section 339 ASVG).
In any case, this is the case if a selection procedure for primary care units according to § 14 of the
Primary Care Act, Federal Law Gazette I № 131/2017, did not lead to a positive conclusion. There is no
Agreement before, the approval for the establishment is to be given, if determined by the state government
was that a substantial improvement in the supply offer in the catchment area can be achieved
can. The first and second sentence also apply if the health insurance provider uses the third party
Operation of an independent outpatient clinic.
(10) The state legislation must provide that a complaint by a state medical association to the
State administrative court and a revision of a state medical association to the administrative court
in accordance with paragraph 8 in the procedure for issuing the establishment permit for an own institution for purposes
the primary care of a statutory health insurance provider according to § 339 ASVG none
suspensive effect.
Note for the following provision
Basic provision
§ 3b. (1) A license to operate an independent outpatient clinic must be issued if
in particular
1. the approval for the establishment has been granted;
2. The medical apparatus and technical equipment required for the immediate operation of the institution
Facilities are in place and the operating facility as well as all medical equipment and
technical facilities, the security and health regulations
are fulfilled;
3. no objection to the institutional regulations provided for the internal operation of the institution (§ 6)
consist;
4. a suitable doctor as the responsible head of the medical or a suitable dentist as
responsible head of the dental service (sections 7 (1) and 7a (1))
was and is made credible that the rest of the according to the purpose of the institution and in
Required range of services required personnel equipment will be secured; and
5. The conclusion of a liability insurance has been proven, provided that it is in accordance with § 5c
is required.
(2) Permission to operate the independent outpatient clinic of a health insurance institution
is to be issued if an agreement in accordance with section 339 of the ASVG or a construction permit in accordance with section 3a (9)
second sentence is present and the requirements of paragraph 1 lines 2 to 4 are met.
(3) The state legislation provides for more detailed regulations regarding the requirements for approval
the establishment and operation as well as the blocking of an independent outpatient clinic, which contrary to the
Provisions of Section 3a and Paragraph 1 is adopted.
Note for the following provision
Basic provision
§ 3c. In the establishment and operation of hospitals, all or part of the research
and teaching at a medical university or a university with a medical faculty
is set up to serve, the needs of medical research and teaching must be considered.
The cooperation in the operation of the hospital is in an agreement between the carrier of the
Hospital and the institution of the medical university or the university where a medical
Faculty is set up to regulate more closely.
Note for the following provision
Basic provision
Dislocated management of departments or other across national borders
organizational units
§ 3d. (1) Locally separate accommodation in accordance with Section 2a (3) in the border area of ​​a
Neighboring state is only intended for individual departments or other organizational units in their
Entirely permissible and requires the approval of the state government. The permit may only be spatial
limited to hospitals close to the state border on both sides and are only issued if
is proven
1. that through the legal situation applicable in the respective foreign national territory as well as through the
underlying cooperation agreement the standard of treatment and care at least
corresponds to the standard given by the Austrian legal system,
2. that the project in the ordinances pursuant to Section 23 or Section 24 of the Federal Act on
partnership-based target management-health, Federal Law Gazette I No. 26/2017, is provided,
3. that the Austrian funding regulations are taken into account,
4. that Austrian law is applicable to the treatment contract and one is Austrian
Jurisdiction is given,
5. that the treatment and care of nursing staff is carried out exclusively by staff from Austria
located hospital and under their management.
(2) A granted approval is to be revoked if one of the requirements of paragraph 1 is not or
is no longer available.
(3) When managing departments or other organizational units abroad
located hospital in an Austrian hospital has only the treatment and
Caring for the nursing staff of the hospital located abroad and only by staff of the hospital
Hospital and under the direction of the hospital located abroad.
Note for the following provision
Basic provision
removal units
§ 3e. (1) Withdrawal units are legally approved hospitals that provide
Organs in the sense of the Organ Transplantation Act, Federal Law Gazette I № 108/2012, in the respectively applicable
Version, carry out or coordinate.
(2) The removal unit can also use mobile teams that take the removal of organs in the
Implement or coordinate the premises of other hospitals.
(3) The carrier of the extraction unit must ensure that the quality system
at least standard operating procedures (SOPs), guidelines, training
or reference manuals and records to ensure traceability of organs
be documented. The documentation has a gapless state of the art
Traceability of the transplant chain from donation to transplantation or disposal,
insofar as this falls within the remit of the extraction unit, and is for a period of
to be kept for at least 30 years.
Note for the following provision
Basic provision
transplant centers
§ 3f. (1) Transplant centers are hospitals that carry out transplants in the sense of the
Organ Transplantation Act and the respective state government in accordance with the
approval of the respective state hospital law includes this range of services.
(2) Before performing a transplant, the transplant center must make sure that
that regarding organ and donor characterization as well as preservation and transport of the removed
Organs the provisions of the Organ Transplantation Act were complied with.
(3) The carrier of the transplant center must ensure that the quality system
at least standard operating procedures (SOPs), guidelines, training
or reference manuals and records to ensure traceability of organs
be performed. The documentation has a gapless state of the art
Traceability of the transplant chain from donation to transplantation or disposal,
insofar as this falls within the remit of the transplant center, and is for one
To be kept for at least 30 years.
Note for the following provision
Basic provision
§ 4. (1) Any planned spatial change must be reported to the state government. basics
Changes, including the equipment or the range of services, require approval
the state government. In the case of fund hospitals, approval is only to be granted if
the requirements of the respective ordinances in accordance with § 23 or § 24 of the Federal Law on
partnership-based target control-health, Federal Law Gazette I № 26/2017, and the provided
Structural quality criteria are met.
(2) For the acquisition or expansion of outpatient clinics of a health insurance institution
apply the provisions of sections 3a and 3b accordingly.
Note for the following provision
Basic provision
§ 5. The leasing of a hospital, its transfer - also in part - to another
Legal entities and any change in their designation also require the approval of the state government
(Section 3 (2) (d) and Section 3a (2) (4).
Note for the following provision
Basic provision
Patient rights, transparent waiting list regime
§ 5a. (1) The state legislature means that the providers of hospitals are in compliance with the
To impose the purpose of the institution and the range of services that
1. Nurses receive information about their rights and their right to inspect
can exercise the medical history;
2. Nurses their right to education and information about treatment options including risks
exercise and actively take care of their state of health in the decision-making processes
can participate;
3. At the request of the caregiver, he or trusted persons receive medical information from a
independent professional practice authorized doctor in the most understandable and gentle way possible
are given;
4. there are sufficient opportunities for visitors and contacts with the outside world and
Confidants of the pet in the event of a lasting deterioration of his
Health status also outside the visiting times contact the caregiver
can;
5. Pastoral care is possible at the request of the pet;
6. psychological support is possible at the request of the pet;
7. Adequate protection of privacy is guaranteed even in multi-bed rooms;
8. in addition to the provision of specialist medical services also for general medical concerns of the
A physician authorized to practice his / her profession is available to the patient;
9. A dignified dying is ensured and confidants contact the dying person
can maintain;
10. When performing the service, if possible based on the generally normal rhythm of life
becomes;
11. In the case of inpatient care for children, equipment that is as child-friendly as possible
There is hospital.
(2) The state legislation takes into account the purpose of the institution and the range of services
future providers of public and private non-profit hospitals according to § 16 para. 1
commit to a transparent waiting list regime in pseudonymized (Art. 4 № 5 of the Regulation [EU]
2016/679 for the protection of natural persons when processing personal data, for free
Traffic and repealing Directive 95/46 / EC (General Data Protection Regulation), OJ No. L 119 dated
04.05.2016 p. 1) Form for elective operations and for cases of invasive diagnostics at least for the
Special subjects in ophthalmology and optometry, orthopedics and orthopedic surgery and neurosurgery
to be set up if the respective waiting time exceeds four weeks. The state legislation has criteria
to provide for the process and organization of this waiting list regime, the total number of pro
Department for the interference marked persons and of these those belonging to the special class
marked persons are to be made recognizable.
(3) The person marked for the intervention is to be requested upon request for the given waiting time
inform. Depending on the technical possibilities, information should be obtained
to enable electronic way.
(4) The providers of hospitals are obliged to provide the nursing home with clear price information
To be made available insofar as they are foreseeable at the time of admission and the services do not exceed
billed to the State Health Fund or by a national social security institution or
health care.
(5) Nursing pets are to be informed on request about the liability insurance according to § 5c.
Note for the following provision
Basic provision
quality assurance
§ 5b. (1) The state legislation has to oblige the providers of hospitals, within the framework of the
Organization of quality assurance measures and measures to maintain patient safety
to be provided and at the same time to protect sufficient national concerns. The measures are so too
design that comparative tests with other hospitals are made possible. With the leadership
of specialist areas is a bed-leading department of the same special subject of another
Involve hospital in quality assurance measures.
(2) The providers of hospitals have the prerequisites for internal measures of the
To create quality assurance. These measures have the structural, process and result quality too
include.
(3) The collegial leadership has to carry out comprehensive quality assurance measures
sure. In hospitals without collegial leadership, the institution has the hospital for everyone
Area to ensure that the respective responsible persons implement the measures of the
Ensure quality assurance.
(4) A quality assurance commission is to be set up in each bed-leading hospital
is under the direction of a technically suitable person. This commission have at least one representative
the medical service, the nursing service, the medical-technical service and the
Administrative service. In hospitals, all or part of research and teaching
serve a medical university, the commission also owns the rectorate or one of the
University proposed university professor at the Medical University. In hospitals that
serve all or part of the research and teaching of a medical faculty at a university
the vice rector for the medical sector or the vice rector for the medical
Area proposed university professor.
(5) The task of the Commission is to initiate, coordinate, and ensure quality assurance measures
support as well as to promote the implementation of quality assurance and the collegial leadership of
Hospital or in hospitals without collegial management to the responsible person above all
to advise on the necessary measures.
(6) The state legislation has to oblige the institution of the hospitals to take part in a regular
Austria-wide quality reporting and the according to § 6 of the Federal Law on
Quality of health services, Federal Law Gazette I № 179/2004, required non-personal data
to be made available to the Federal Ministry responsible for health care, provided that this is not the case
are to be reported anyway due to other documentation obligations. Furthermore, the carriers of the
Commit hospitals to regular cross-sector patient surveys
participate.
Note for the following provision
Basic provision
Liability insurance
§ 5c. (1) The state legislation must provide that hospitals not covered by a
Local authority, another body under public law or by a legal person that is in the
Are owned, operated, owned by a local authority or public body
Liability insurance to cover claims for damages arising from your activity (§ 1)
with an insurer authorized to do business in Austria and this during the
Duration of their operating license. In hospitals operated by a legal person,
are owned and operated by a local or public body,
there is a liability law breakthrough to the local authority or public corporation,
provided there is no liability insurance in accordance with sentences 1 and 2.
(2) The following must apply to the insurance contract:
1. The minimum insurance sum for each insured event must be 2,000,000 euros,
2. A maximum liability limit may be five times the amount per insurance period of one year
Do not fall below the minimum insurance sum and
3. The exclusion or a time limit of the subsequent liability of the insurer is not permitted.
(3) The injured third party can exercise his right to compensation under the
assert the insurance contract against the insurer. The insurer and the
insured persons liable for compensation are jointly and severally liable.
(4) The insurers are obligated, the state government is not asked and promptly every circumstance
to report that a termination or limitation of the insurance coverage or a deviation from
means or may mean the original insurance certificate and at the request of
State government to provide information about such circumstances.
Note for the following provision
Basic provision
House rules.
§ 6. (1) The internal operation of the hospital is regulated by the institutional regulations. The
State legislation has to issue more detailed regulations regarding the content of the institutional regulations
in particular has to contain:
(a) the functions and facilities of the hospital, general hospitals and
Special hospitals can also be divided into departments and / or others
organizational forms for acute patients and, in addition to these, also in additional
Facilities for long-term treatment or in care groups for the treatment of acute patients and for
Long-term treatment within departments;
(b) the principles of their administration and their mode of operation, in particular whether instead of or in addition to
Conventional type of operation, people in need of a prison only once a day (day clinic)
or admitted overnight (night clinic) or in other forms of operation in accordance with paragraph 7;
c) Regulations regarding the management of the news-related information referred to in § 2b
Organizational forms as well as the types of business mentioned in paragraph 7;
d) regulations on the operation of relocated weekly clinics on public holidays;
e) the duties of the staff employed in the hospital and provisions on
the regular holding of service meetings between those in question
Professional groups;
f) the behavior observed by fosterlings and visitors in the hospital;
g) the definition of rooms in which smoking is permitted;
h) Regulations on the internal relationship between hospitals for news-related
Organizational units (Section 2b) or in dislocated forms of business (Section 6 (7));
i) the definition of areas in which assistance dogs (guide dogs,
Service dogs and signal dogs) and therapy dogs (§ 39a of the Federal Disabled Persons Act, BGBl.
No. 283/1990, in the currently applicable version) is not permitted for hygienic reasons.
(2) The individual organizational units and care groups are under in terms of their number of beds
Keeping the subject and the progress of medicine in a manageable size.
Provided that beds for nursing staff from organizational units of various special subjects are available
(interdisciplinary areas), appropriate measures must be taken to ensure that the nursing staff
can be assigned at any time to a certain organizational unit specific to news
(3) The institutional regulations may not contain any provisions which imply the implementation of a street-based
Abort or prohibit pregnancy, or refuse to do so
Abort or participate in pregnancy, with adverse consequences.
(4) The institutional regulations for a hospital that are wholly or partly research and teaching a
Medical university or a university where a medical faculty is set up
to take into account the needs of research and teaching. Before approval, the sponsor of the
Hospital the rectorate of the medical university or the university where a medical
Faculty is set up to hear.
(5) The institutional regulations and any changes to them require the approval of the
State government.
(6) The institutional regulations are to be drawn up in a suitable place which is easily accessible to the staff.
In addition, the parts of the institutional regulations pursuant to Paragraph 1 lit. a and b as well as f and g the nursing children
to make it accessible.
(7) The following types of operation are in hospitals in addition to the conventional type of
Message-specific and / or continuous mode of operation possible:
1. Interdisciplinary areas for the treatment of nurses from various special subjects,
those in the hospital in one of the forms of organization related to the news organization according to § 2b
be held up. It must be ensured that the nursing staff are always at one with no doubt
can be assigned to a special subject.
2. Bed areas run as a weekly ward for inpatient treatment of cases in which the
Discharge is expected within the approved operating hours. Weekly stations can
subject-specific or interdisciplinary in the sense of Z 1.
3. Bed areas run as day stations for daily clinical treatment (admission and discharge
on the same day). The range of services is based on daily clinical conservative and elective
limited operational performance. Day stations can be subject-specific or interdisciplinary
the Z 1 are operated.
4. Bed areas managed as interdisciplinary reception or emergency stations for first-time or
Brief recordings of patients for a maximum of 36 hours in an emergency or acute case
ascertained need for an institution until it is transferred to another bed-leading institution
Organizational units or direct dismissal.
5. Outpatient clinics in accordance with § 26 can
a) as a general specialist outpatient clinic, as a special outpatient clinic for diagnostics and / or therapy within the framework
special tasks of special subjects or central outpatient primary care in accordance with Z 6
become,
b) as acute ambulances with unrestricted or restricted opening times or as appointments
Ambulances are operated with limited opening hours,
c) for care in a special subject, for which none at the hospital location
bed-leading organizational unit is only operated if this leads to
Ensuring the supply is necessary and this is provided in the RSG. Such
Outpatient clinics are a displaced outpatient department of a partner or mother department at one
to set up another location. Section 2b (3) applies mutatis mutandis.
6. Central outpatient primary care as acute outpatient clinics for primary care of acute and
Emergency patients including basal trauma surgery, whose range of services extends to the scope of the
general medical care is limited. For the central outpatient primary care applies
following:
a) The organization of primary care in the areas of traumatology and trauma surgery,
Obstetrics, Pediatrics and Adolescent Medicine, Psychiatry and Psychotherapeutic Medicine as well
Children's adolescent psychiatry and psychotherapeutic medicine has been coordinated with the
concerned with the department set up in the hospital or in cooperation with another
Hospital location.
b) After determining the urgency of the treatment, patients are first
to be assessed on an outpatient basis and treated for the first time or finally treated.
c) Acute cases can be observed up to 24 hours if necessary.
d) If necessary, patients must be admitted to the inpatient area or to the
to the next hospital suitable for the illness.
e) The operating time of independently managed facilities for central outpatient primary care is
can be restricted in terms of time of day if the primary care in the
Hospital is ensured by other organizational units.
f) The central outpatient primary care can contact an interdisciplinary reception center (Z 4)
be connected.
Note for the following provision
Basic provision
§ 6a. (1) The state legislation may prescribe the collegial management of hospitals
by the medical director (section 7 subsection 1), the administrator (section 11 subsection 1) and the head of nursing service (section 11a
Paragraph 1). The respective executives in accordance with sections 7 (1), 11 (1) and 11a (1)
upcoming tasks must not be affected by this. It is particularly important to ensure
that the collegial leadership carries out its tasks with regard to quality assurance measures in accordance with § 5b
Paragraph 3 can meet.
(2) In a hospital that is wholly or partially researching and teaching a medical
University serves and in which a collegial leadership is established, is the rector or one of the university
proposed university professor of the medical university to the meetings of the collegial leadership
consult in an advisory capacity. If a medical faculty is set up at a university, then the
Vice rector for the medical field or one from the vice rector of the medical school
proposed university professor of the medical faculty with the meetings of the collegial leadership
consultative voice.
Note for the following provision
Basic provision
Medical service.
§ 7. (1) For each hospital there is a suitable doctor as the responsible head of the medical service
and to be ordered for the tasks related to the medical treatment of the nursing staff. For
The provincial government can prevent nursing homes for the chronically ill from ordering a
Refrain from the medical director if supervision by a suitable doctor is guaranteed. The
Right of disposal of the legal entity of the institution in economic matters remains unaffected (§ 11
Paragraph 1).
(2) If the medical director is prevented, he must be represented by a suitable doctor. In
Hospitals, the size of which requires it, are the primary manager of the medical service
exercise.
(3) The medical service in hospitals may only be provided by doctors who according to the
Regulations of the Physicians Act are authorized to practice the medical profession.
(4) With the management of departments, departments or specialist areas for treatment
Certain diseases, from laboratories, outpatient clinics or hospital prosections are only allowed
Specialists in the relevant medical specialty, but if a specialty does not exist, professionally
qualified doctors are entrusted. In the event of being prevented, representation by one is the same
Way to ensure qualified doctor.
(4a) Provided that existing departments specialize in orthopedics and trauma surgery
a department of the medical specialty orthopedics and traumatology are brought together,
This department can be operated by a specialist in orthopedics and orthopedic surgery or by one
Specialist in trauma surgery can be headed, provided that at least two specialists of each are in this department
other medical specialty.
(5) The appointment of the medical director and the head of Prosearch of a hospital requires the
Approval by the state government. Approval is to be given if the doctor in question is concerned
comply with the conditions provided for your order in paragraphs 1 to 4. Such
Permission is required when a hospital is set up at the same time as the license to operate and
otherwise to be given before the doctor starts work.
(6) Paragraph 5 excludes those positions which are based on the relevant university regulations
to be occupied.
(7) The state government has to withdraw an authorization granted in accordance with paragraph 5 if the
The prerequisites for this have been eliminated, the absence of which subsequently arises, or which in
Doctors considered guilty of serious or repeated violations of their obligations
have made.
Note for the following provision
Basic provision
§ 7a. (1) With the management of dental outpatients according to the intended
Range of services only dentists or specialists for oral, maxillofacial and facial surgery are entrusted.
The range of services includes both activities that can be assigned to dentistry as well
Activities that are assigned to the special subject of oral, maxillofacial and facial surgery are with the management
either a suitable dentist or a suitable specialist in oral, maxillofacial and facial surgery
entrust. It must be ensured that the dental or medical service has sufficient dentists
and specialists in oral, maxillofacial and facial surgery. In the event of prevention, the
Representation of the management by an equally qualified dentist or specialist for oral and maxillofacial
and ensure facial surgery.
(2) The dental service in dental outpatient clinics may only be carried out by dentists who, according to the regulations of the
Dental Act are entitled to practice the dental profession, as well as according to
provided range of services also by specialists for oral, maxillofacial and facial surgery who according to
are authorized to practice the medical profession in accordance with the provisions of the 1998 Medical Act
become.
(3) The appointment of the responsible head of a dental clinic requires the approval of
State government. Approval is to be given if the relevant dentist or doctor
comply with the conditions provided for your order in paragraphs 1 and 2. Such
Permission is given when setting up a dental outpatient clinic at the same time as the license to operate it
and otherwise to be given before the dentist or doctor starts work.
(4) Paragraph 3 excludes those positions which are based on the relevant university regulations
to be occupied.
(5) The state government has to withdraw an authorization granted within the meaning of paragraph 3 if the
The prerequisites for this have been eliminated, the absence of which subsequently arises, or which in
Dentists or doctors considering serious or repeated violations of their
Are guilty of duties.
Note for the following provision
Basic provision
§ 7b. (1) In departments and other organizational units of hospitals, which as
University clinics or as clinical institutes divided into clinical departments, comes the
Responsibility for the medical tasks to be performed not according to § 7 para. 4 with the management of the
Department or other organizational unit entrusted physician, but to the head of the clinical department.
In departments of hospitals in which departments are managed in accordance with Section 3 (4)
the responsibility for the medical tasks to be performed does not come with the according to § 7 paragraph 4
Management of the department entrusted doctor, but to the head of the department.
(2) In joint facilities of clinics and institutes at medical universities or
Universities at which a medical faculty is set up, for their tasks also the provision
belongs to medical services, the responsibility for these medical tasks comes to the head of
Common establishment too.
Note for the following provision
Basic provision
§ 8. (1) The medical or dental service must be set up in such a way that
1. medical help in the institution can be reached immediately at any time;
2. Unreservedly the presence of specialists in all of the central hospitals
upcoming special subjects is given; Special subjects that can be considered are those in Z 3
mentioned also those in which an acute complication management
specialist presence is required. The number of specialists present is on offer
sure. In addition, in central hospitals at night and temporarily in
Weekend and holiday service from a constant presence of specialists who otherwise in
Special subjects will be considered if there is an on-call duty instead
is set up
3. in specialized hospitals in any case in departments and organizational units for
Anaesthesiology and Intensive Care Medicine, Surgery, Internal Medicine, Gynecology and Obstetrics,
Pediatrics and adolescent medicine, neurosurgery, psychiatry, neurology and trauma surgery or
Orthopedics and traumatology a specialist of the special subject in the institution continuously
is present; otherwise, it can be used during night and temporary weekend and holiday service
from the constant presence of specialists in the other special subjects that are otherwise considered
be disregarded if on-call duty is set up instead;
4. Immediate at all times in standard hospitals for night, weekend and holiday service
Emergency medical care by a specialist from the
Special subjects in anaesthesiology and intensive care medicine or surgery or internal medicine or
Trauma surgery is guaranteed as well as on-call specialists from the respective others in
Eligible special subjects is given; otherwise must also in
Standard hospitals Specialists in the eligible special subjects in the institution continuously
to be present;
5. In specialist areas, the opening times during the operating hours of one
permanent medical presence of specialists in the specialty under consideration
be disregarded if on-call duty is set up instead; if necessary is through the
Partner or mother department the necessary further care of not discharged patients
Ensure patients out of hours;
6. In dislocated weekly clinics, the provisions on on-call duty according to Z 3 and 4 apply
analogously and outside of the opening times during the operating hours of a permanent
The presence of specialists in the specialty under consideration may be waived if in the
If necessary, the continued care of the nursing staff by the partner or mother department outside the
Uptime is ensured;
7. In dislocated day clinics outside of opening hours during the operating hours of one
permanent medical presence of specialists in the specialty under consideration
be disregarded if on-call duty is set up instead; if necessary is through the
Partner or mother department the necessary further care of not discharged patients
Ensure patients out of hours;
8. in hospitals in the form of independent outpatient clinics for physical therapy, in
who are not trained to be regular physicians can replace permanent medical attendance
the medical service must be organized in such a way that medical help is available at all times and through
regular daily attendance following the required medical orders for staff
the MTD Act, Federal Law Gazette № 460/1992, last amended by Federal Law Gazette I № 33/2015, and for
Healing masseurs according to the MMHmG, BGBl. I № 169/2002, last changed by BGBl. I № 33/2015,
as well as, in addition to medical orders, the necessary supervision of medical massage therapists
according to the MMHmG and personnel according to the MABG, BGBl. I № 89/2012, last changed by
BGBl. I № 33/2015 and MTF-SHD-G, BGBl. № 102/1961, last changed by BGBl. I
No. 89/2012, is guaranteed;
9. The doctors and dentists working in the hospital receive further training to the extent necessary
can;
10. in hospitals or organizational units that serve as training centers or teaching outpatients
are recognized, the training of gynecologists is guaranteed.
(2) Nursing staff of hospitals may only use the principles and recognized methods of
medical or dental science are treated medically or dentistically.
(3) The institutions responsible for the hospitals have obtained the consent of the patient in the
Ensure medical treatment and ensure that information is provided to the extent required
can be done.
(4) The members of the training commissions of the medical associations in the federal states are responsible for
Performing their duties of accessing hospitals that serve as training centers or
Teaching outpatient clinics are recognized, allow, and allow access to all documents that the
Training of gynecologists. They are also to be provided with all the necessary information.
Note for the following provision
Basic provision
§ 8a. (1) For each hospital, there is a specialist in hygiene and microbiology (hospital hygienist)
or an otherwise professionally suitable doctor who is authorized to practice his own profession (hygiene officer)
to order to protect hygiene. There is a hygiene specialist for each dental outpatient clinic
and microbiology (hospital hygienist) or an otherwise technically suitable, for self-employed
Authorized dentist or specialist in oral, maxillofacial and facial surgery
To order (hygiene officer) to protect the interests of hygiene. The temporal extent of
Employment must be based on the size and the range of services offered by the hospital.
(2) In bed-leading hospitals is to support the hospital hygienist or
Hygiene officer at least one qualified person of the superior service for health and
To order nurses as hygienists. This has its activity in hospitals, their size
this requires working full-time.
(3) A hygiene team is to be formed in bed-leading hospitals, which the hospital hygienist
or the hygiene officer, the hygiene specialist and other relatives appointed for hygiene matters
belong to the medical and non-medical services of the hospital.
(4) The tasks of the hygiene team include all measures related to detection, monitoring,
Preventing and fighting infections and keeping people healthy. To carry out this
The hygiene team has to draw up a hygiene plan. It also accompanies the subject and content
Measures to monitor nosocomial infections. The surveillance has after one
recognized surveillance system according to the state of the art. The
The hygiene team is also involved in all planning for new buildings, additions and conversions and in the purchase of equipment
and goods that may pose a risk of infection. The hygiene team has about it
to advise all relevant matters for the maintenance of hygiene and corresponding
Decide proposals. These are in writing to the person responsible for the implementation of the
To forward the hospital.
(4a) Hospitals are authorized for the purpose of monitoring nosocomial infections, data
of the nursing staff in pseudonymised form and anonymized for monitoring purposes
forward.
(5) In hospitals operating as outpatient clinics, the function of the
Hospital hygienist or hygiene officer if the appropriate professional suitability is available
also exercise the medical director. In any case, for the tasks mentioned in paragraph 4
Consult a hospital hygienist or the hygiene officer.
(6) In every hospital there is an electronic record of nosocomial records
Lead to infections.
(7) The management of each hospital has the nosocomial recorded in its area of ​​activity
To assess infections and to draw appropriate conclusions with regard to the necessary measures to be taken
Remedial action and prevention to be taken and to ensure that the necessary measures are taken promptly
be implemented.
(8) The state legislation has to oblige the providers of the hospitals to use one
Austria-wide, regular and systematic recording of nosocomial infections
and the anonymized data required for this to the person responsible for health care
To make the Federal Ministry available electronically every year.
Note for the following provision
Basic provision
§ 8b. (1) The legal entity of the hospital has a technically suitable person to perform the
technical security and the proper functioning of those used in the hospital
order medical-technical devices and technical equipment (technical
Safety Officer). The state government must be notified of the order.
(2) The technical safety officer has the medical-technical devices and the technical
Institutions of the hospital for the protection of people undergoing treatment regularly
review or provide for such reviews. He also has responsibility for eliminating hazards
result from identified defects, and to ensure that the defects are remedied. From the result of
Checks and / or of identified defects and their correction are the medical director immediately
(Section 7 (1)) and the administrator (Section 11 (1)).
(3) The technical safety officer has to work with those for the perception of the
Protection of human life or health in accordance with the provisions of the
Radiation Protection Act, Federal Law Gazette No. 227/1969, last changed by Federal Law Gazette No. 657/1996
and the preventive services according to Section 7 of the ASchG.
(4) The technical safety officer also has the medical director and the administrator in all
Questions of operational safety and the proper functioning of the medical-technical devices and
to advise the technical facilities. He is also responsible for all planning for new buildings, additions and conversions
Hospital and in the purchase of medical-technical equipment and technical
To move facilities.
Note for the following provision
Basic provision
§ 8c. (1) The sponsors of hospitals have to assess
1. clinical trials of medicinal products and medical devices,
2. the use of new medical methods and non-interventional studies,
3. applied medical research, and
4. the implementation of nursing research projects (experimental or nursing intervention studies)
and the application of new care and treatment concepts and new care and
treatment methods
to set up ethics committees in the hospital. The state legislation can provide that a
Ethics Committee is also set up for several hospitals. The carriers are to be committed through
Providing the necessary staff and equipment to enable the ethics committees to implement their
To perform the activity on time. The sponsors are authorized by the sponsor or otherwise for referral
Those who are entitled or obliged to pay a cost contribution corresponding to experience, on average
to demand growing costs of an assessment.
(2) The assessment of new medical methods, applied medical research, by
Nursing research projects and new nursing and treatment concepts and new nursing and
Treatment methods have to refer in particular to
1. contributors and existing facilities (personnel and structural
Conditions)
2. the test plan with regard to the objective and the scientific significance as well as the
Assessment of the benefit / risk ratio,
3. the way in which the selection of the nursing staff is carried out and in the education and
Consent to participate,
4. the arrangements for the occurrence of a damage related to the application
a new medical method.
(3) New medical methods within the meaning of paragraph 1 are methods that are based on the results of the
Basic research and applied research as well as taking into account medical
Experience justifies the assumption that an improvement in medical care can be expected
which are not yet used in Austria and require a methodological review. In front
The application of a new medical method has the referral of the ethics committee by the leader
the organizational unit in whose area the new medical method is to be applied
respectively.
(3a) Before performing applied medical research and nursing research projects
and the application of new care and treatment concepts and new care and treatment methods
the ethics committee can be referred. This has to do with nursing research projects and the
Application of new care concepts and methods by the head of the care service regarding
applied medical research and new treatment concepts and methods by the head of the
Organizational unit in whose area the research project, concept or method is applied
should be done.
(4) The ethics committee has a balanced relationship between women and men
to assemble and at least consist of:
1. a doctor who is authorized to practice the profession independently in Germany and neither a medical director
the hospital is still an investigator or clinical investigator,
2. a specialist, in whose specialty the respective clinical trial, new medical method
or the applied medical research project falls, or a dentist if applicable, and
who are not examiners and, if applicable, another corresponding relative of a
Health care professional,
3. a member of the senior health and nursing service,
4. a lawyer,
5. a pharmacist,
6. a patient representative (§ 11e),
7. a person with biometric expertise,
8. one representative of a representative organization for the disabled and one representative of the elderly,
which of a senior citizen organization, whose establishment the federal senior law, BGBl. I
No. 84/1998, corresponds, has to belong and
9. Another person who does not fall under Z 1 to 8 and who is concerned with pastoral care
Matters in the hospital is entrusted or otherwise on the appropriate ethical
Competence.
An equally qualified representative must be appointed for each member.
(4a) When evaluating nursing research projects and applying new nursing and
The ethics committee also has treatment concepts and new care and treatment methods
Belong to person who has expertise in methods of qualitative research.
(5) When assessing a medical device, a technical safety officer is required
call in. If the ethics committee receives a multi-center clinical trial
Medication, she must also have a specialist in pharmacology and toxicology.
If necessary, further experts should be consulted.
(5a) The members of the ethics committee have any relationships with the pharmaceutical industry
or medical device industry completely open to the carrier. You have their activity
in the Ethics Committee - without prejudice to any other reasons for bias - in all matters
included in which a relationship with the pharmaceutical industry or medical device industry is suitable
is to question their full impartiality.
(6) The ethics committee has to give itself rules of procedure that are approved by the state government
approve it. Furthermore, the state legislation has to ensure that the members of the
Ethics committees are not subject to any instructions.
(6a) The head of the organizational unit involved in a nursing research project or the application of new ones
Care concepts or methods to be carried out has the right to be discussed at the meeting of the
Ethics Committee on the planned nursing research project or the application of new nursing concepts or
-methods to comment.
(7) Minutes are to be kept of every meeting of the ethics committees. The protocols are that
medical director of the hospital, when evaluating a clinical trial also the examiner, at the
Application of a new medical method, an applied medical research project or
new treatment concept and method also for the head of the organizational unit when assessing
Nursing research projects and the application of new nursing concepts and methods to the head of the
To inform nursing staff and the medical directors of the organizational units concerned. The
Minutes are together with all documents essential for the assessment in accordance with § 10 Paragraph 1 No. 3
store.
(8) For hospitals that fully or partially research and teach a medical
University or university where a medical faculty is set up is one
Ethics committee according to paragraph 1 not to be set up if at the medical university or university
a medical faculty is set up, an equivalent according to university law regulations
Commission has been set up to carry out the duties of the Ethics Committee.
Note for the following provision
Basic provision
§ 8d. The state legislature has to oblige the providers of bed-leading hospitals to
regular staffing requirements, related to professional groups, departments and others
Organizational units. Personnel planning, especially the determination of personnel requirements, the
The use of personnel and the post plan is to be transferred to those who are technically suitable. About the
Results of personnel planning is through the collegial leadership or in hospitals where none
Collegial leadership exists, through those responsible for the respective area, every year
State government report.
Note for the following provision
Basic provision
Child and victim protection groups
§ 8e. (1) The federal state legislators are responsible for the institution's purpose and
To offer services to eligible hospitals, child protection groups
to set up. For hospitals whose size does not require their own child protection group
Child protection groups can also be set up together with other hospitals.
(2) The child protection group is responsible in particular for the early detection of violence against or
Neglecting children and raising awareness among the relevant professional groups of violence
on children and the early detection of domestic violence on victims who are not yet 18 years old
have accomplished.
(3) In any case, the child protection group, as representatives of the medical service, have a specialist for
Pediatrics and adolescent medicine or a specialist in pediatric surgery, representatives of the nursing service and
Individuals seeking psychological care or psychotherapeutic care in the hospital
are active. The child protection group can, if necessary also in individual cases, decide to have one
Representative of the responsible youth welfare agency.
(4) Due to the state legislation, the providers are those according to their institutional purpose and range of services
to consider eligible hospitals, victim protection groups for adults of age
to set up domestic violence. For hospitals, the size of which does not have its own victim protection group
victim protection groups can also be set up together with other hospitals.
(5) The victim protection groups are responsible in particular for the early detection of domestic violence and the
Raising awareness of the relevant professional groups for domestic violence.
(6) In any case, the victim protection group has two representatives of the medical service who work for one
Corresponding range of services Representatives of the special subjects trauma surgery and gynecology and
Have to be part of obstetrics. In addition, the victim protection group has members of the
Nursing staff and people providing psychological care or psychotherapeutic care in
are employed by the hospital.
(7) The establishment of a victim protection group can be waived if the child protection group
taking into account the personnel requirements of paragraph 6, the tasks of the victim protection group
Paragraph 5 can meet. Instead of a victim protection group and a child protection group, one can
Violence protection group must be set up, taking into account the personal requirements of paragraphs 3 and 6
performs both the tasks set out in paragraphs 2 and 5.
(8) If an allegation is raised or there is suspicion that it is to sexual excess or
physical abuse or inflicting psychological pain on a nurse by institutional staff
the victim protection group has an independent external person, for example from the area of
Patient advocates (§ 11e).
Note for the following provision
Basic provision
blood bank
§ 8f. (1) Every bed-leading hospital that comes into consideration depending on the type and range of services
to have a blood depot. This serves to store and distribute blood and blood components
as well as performing compatibility tests for in-hospital purposes. It is from a professional
to lead a suitable specialist and with the necessary and professional to perform the tasks
equip qualified staff. The manager and staff must go through appropriate
Training measures brought up to date and regularly updated with the latest scientific developments
become.
(2) For the storage and distribution of blood and blood components is based on the principles of good
To introduce and operate a manufacturing practice-based quality assurance system. The parts
the quality assurance system, such as the quality assurance manual, standard work instructions (standard
Operating Procedures-SOPs) and training manuals are at least once a year or as needed
to bring the state of the art up to date.
(3) The institution responsible for the hospital must ensure that every receipt and every delivery or
Use of blood or blood components in the blood deposit is documented. The
Documentation has a complete traceability of the state of the art
Ensure transfusion chain, insofar as this falls within the area of ​​responsibility of the blood depot. The
Documentation must be kept for at least thirty years.
(4) State legislation must ensure that the storage and distribution of blood and
Blood components from blood deposits meet the requirements of Article 29e of Directive 2002/98 / EC of the
European Parliament and of the Council of 27 January 2003, laying down quality and
Safety standards for the extraction, testing, processing, storage and distribution of human
Corresponds to blood and blood components.
Note for the following provision
Basic provision
Breast milk collection and delivery facilities
§ 8g. General hospitals with departments for gynecology and obstetrics
are operated, as well as special hospitals for gynecology and obstetrics are entitled
Operate facilities for collecting and dispensing breast milk.
Note for the following provision
Basic provision
Secrecy.
§ 9. (1) For the people employed by institutions of hospitals and in hospitals as well
for the members of training commissions (§ 8 para. 4) and for the members of commissions according to
§ 8c there is an obligation to maintain secrecy, provided that they are not already in accordance with other statutory provisions
such confidentiality is imposed on official regulations. The obligation to
Confidentiality extends to all circumstances relating to health status as well as to
personal, economic and other circumstances of the care giver, who are exercising their profession
have become known, in the event of interference in accordance with § 5 of the Organ Transplantation Act, Federal Law Gazette I № 108/2012
also on the person of the donor and the recipient.
(2) Breaches of confidentiality are determined by the duty or
professional regulations. Incidentally, there is no obligation to maintain secrecy if the disclosure
the type and content of the secret through a public interest, in particular through the interests of
public health or justice is justified.
(3) The federal state legislation requires provisions for the punishment of infringements against
to waive the duty of confidentiality.
Note for the following provision
Basic provision
§ 9a. (1) Legal entities of hospitals are authorized to operate a
Hospital required personal data according to the provisions of this federal law
for the purpose of
1. Documentation and provision of information (§ 10) as well
2. Settlement (Sections 27 to 30 and 40 (3))
to be processed in compliance with the General Data Protection Regulation.
(2) With regard to the processing of personal data in accordance with paragraph 1, the obligations and rights
excluded according to Art. 13, 14, 18 and 21 General Data Protection Regulation. Personal data
in accordance with paragraph 1, which serve to assert, exercise and defend legal claims
in any case, stored for up to 30 years and processed if necessary.
Note for the following provision
Basic provision
Keeping medical records and other reservations
§ 10. (1) The state legislation obliges hospitals to:
1. to make reservations about the admission and release of the nursing staff, as well as in the case of
Rejection of admission and in the case of admission according to § 22 Para
to document relevant reasons;
2. Create medical histories in which
a) the history of the disease (medical history), the condition of the nurse at the time of admission
(status praesens), the course of the disease (decursus morbi), the measures ordered and
the medical and possibly dental services provided, including medication
(in particular with regard to name, dose and pharmaceutical form) and education of the patient and
b) other essential services ordered and rendered, in particular care,
any psychological or psychotherapeutic care as well as the services of
medical-technical services are to be presented;
3. the medical histories for at least 30 years, if necessary in micro-films in duplicate or
on other equivalent information carriers, their legibility for the retention period
must be secured to keep; for X-ray images, video recordings and other components
of medical histories, the probative value of which has not been given for 30 years, and in
outpatient treatment can have a shorter retention period due to state legislation,
at least ten years are foreseen;
4. the courts and administrative authorities in matters in which the establishment of the
Health status of importance for a decision or decision in the public interest
is, also the social security institutions and organs of state health funds within the meaning of
Agreement according to Art. 15a B-VG on the organization and financing of the healthcare system
or experts commissioned by them, insofar as this is for the perception of them
tasks are required, as well as referring or further treating doctors or
Dentists or hospitals get free copies of medical records and medical records
To provide comments on the health status of foster pets;
4a. To grant nurses access to their medical history and in accordance with Art. 15 Para. 3 of the
General data protection regulation to enable the production of copies;
5. To provide the authorities entrusted with the public health service with all the notifications required for the
Compliance with intergovernmental obligations and to monitor compliance with existing ones
Regulations are required.
6. About withdrawals according to § 5 Organ Transplantation Act, Federal Law Gazette I № 108/2012 and § 4 Paragraph 5
Tissue Security Act, Federal Law Gazette I № 49/2008, to record medical history records
and to be kept in accordance with Z 3;
7. in the management of the medical history advance directives (Section 2 (1) of the advance directive,
BGBl. I No. 55/2006) of the pet;
8. Any contradictions within the scope of the medical history according to § 44 and § 5
Paragraph 1 of the Organ Transplantation Act, Federal Law Gazette I No. 108/2012.
(2) The provision of scientifically based reports is not governed by the provisions of paragraph 1
touched.
(3) The keeping of the medical history is the responsibility of the records
1. according to para. 1 no. 2 lit. a the doctor responsible for the medical treatment, if necessary the
responsible for dental treatment, and
2. according to para. 1 no. 2 lit. b the person responsible for the other services provided.
(4) records relating to secrets belonging to the clinically psychological,
health psychology and psychotherapeutic profession and their assistants in the exercise of their
Entrusted to the profession or become known, may within the framework of the medical history or
other reservations within the meaning of para. 1 no. 1 are not made.
(5) The state legislation may authorize the legal entities of hospitals that
Storage, processing and storage of medical histories by other legal entities
transferred if a legal for these legal entities and the persons employed in them
Confidentiality exists or is imposed by state legislation. The authorization can
also storage, processing and storage by means of automation-supported data processing
include. The transmission of personal data by way of a processor, to whom the
Processing has been transferred through the legal entity of a hospital only to doctors, dentists or
Hospitals permitted, in whose treatment the affected persons are.
Note for the following provision
Basic provision
§ 10a. (1) The state legislation has to oblige the state government that in cases in which
No agreement on the parts of the RSG to be declared binding or their changes accordingly
the provisions in section 23 (2) of the Federal Act on Target Health as Partners,
BGBl. I № 26/2017 in the State Target Steering Committee is based on the common
Determinations in partnership-based targeting health within the framework of a regional
Structural health plans for fund hospitals a state hospital plan by ordinance
to enact. This state hospital plan has changed in accordance with the target management contract
§ 10 of the Federal Law on Partnership Target Health and Austrian
Structural health plans (ÖSG). They are to be binding across Austria
Hospital planning based on uniform principles with integrated service planning
ensure that the objectives, planning principles and methods agreed in the ÖSG
(2) In any case, the state hospital plan must specify:
1. the locations of the fund hospitals,
2. the maximum total number of beds (for normal care and intensive care) per location,
3. the medical departments per location,
4. The type of organizational forms of information provided for each of the departments
Location,
5. type and number of large medical-technical devices per location,
6. the maximum number of beds per department in relation to the country and the supply regions or
based on the locations,
7. Definition of reference centers and special supply areas for each location.
(3) If the stipulations according to Paragraph 2 No. 6 are not based on the locations, they are related
with § 3 paragraphs 2b and 2c the bed capacities intended for realization per department and location in the
Regional structure plan for health, at least without obligation, with informational character.
(4) The state legislature has to oblige the state government to act at the state level between
the regional and the social security in the respective regional health fund
Structure plan health on the homepage of the respective country in the current version
publish.
Note for the following provision
Basic provision
To come into force vis-à-vis the federal states on implementing legislation
see. Section 65 and Art. 1 3rd Title, Federal Law Gazette I No. 179/2004.
Business management and supervision.
§ 11. (1) For each hospital, a person who is suitable as the responsible head of the
economic, administrative and technical matters and the necessary administrative staff
to order. For the education and training of those working in hospital administration and management
People must be taken care of.
(2) Hospitals, the contributions to the company exit or to the construction costs (§ 34) or
Received payments from the State Health Fund (Section 27b) are subject to economic supervision
the state government and the control of operations by the Court of Auditors. The state legislation can
provide that economic supervision is carried out by the State Health Fund.
(3) The federal state legislation regulates the administration and economic management of the
Hospitals, especially via one of the cost determination and cost center accounting useful
Form of accounting. Hospitals of the type mentioned in paragraph 2 must in any case
draw up annual estimates, financial statements and post plans and the state government
submit for approval.
(4) The conclusion of contracts according to § 148 Z 10 ASVG requires, insofar as the contracts are based on
Refer to hospitals whose legal entity is not the country for its legal effectiveness
Approval by the state government.
(5) The contracts are within a period to be determined by the state legislation
To submit state government; each of the contractual partners is entitled to submit. Approval after
Paragraph 4 is deemed to have been granted if the state government does not fall within the scope of the state legislation
the deadline to be set, which must not exceed two months, is denied in writing.
Note for the following provision
Basic provision
nursing
§ 11a. (1) A suitable relative is the for each hospital with bed-leading departments
superior services for health and nursing as the responsible head of the nursing service
to order. If the responsible leader is prevented, he must be from a suitable relative
of the superior service for health and nursing.
(2) In hospitals the size of which requires this, the responsible management of the nursing service is
to practice full time.
(3) Is the employment of members of the higher service for health and
Nursing and by members of the nursing care by means of temporary workers according to the
Provisions of the Temporary Employment Act - AÜG, Federal Law Gazette № 196/1988, last changed by
BGBl. I №104 / 2005, this is in § 35 Paragraph 2 No. 1 and in § 90 Paragraph 2 No. 1 of the Health and
Nursing Act, BGBl. I No. 108/1997, in the version BGBl. I № 69/2005, fixed ratio per
Department or other organizational unit.
Note for the following provision
Basic provision
Psychological care and psychotherapeutic care
§ 11b. The state legislation has to ensure that in the due to the purpose of the institution and the
Hospitals offering adequate clinical psychological and clinical services
health psychological care and adequate care in the field of
Psychotherapy is offered.
Note for the following provision
Basic provision
Supervision
§ 11c. The state legislature has the carrier in accordance with the purpose of the institution and the range of services
To oblige the hospitals concerned to take appropriate measures to ensure that
the people employed in the hospital and exposed to a corresponding burden in
Within the scope of her service to the extent necessary to participate in a part-time job
Supervision is offered. Supervision must be carried out by professionally qualified people.
Note for the following provision
Basic provision
Training of non-medical staff
§ 11d. The institutions responsible for hospitals must ensure that regular further training in the
Members of the health and nursing professions, members of the medical-technical
Services as well as the other non-medical personnel in question is guaranteed.
Note for the following provision
Basic provision
patient representatives
§ 11e. The state legislation has to provide for the examination of any complaints and on
Desire to represent patient interests independent patient representatives (patient representative,
Ombudsman institutions or similar representations) are available.
Note for the following provision
Basic provision
Withdrawal of construction and operating license
§ 12. (1) The authorization to set up a hospital or individual departments or others
Organizational units are to be modified or withdrawn if one is required for the granting of the authorization to
Establishment prescribed requirement, in particular by changing the
Landeskrankenanstaltenplan has ceased to exist or is an existing one that is still ongoing
Deficiency arises later.
(2) The license to operate a hospital or individual departments or others
Organizational units are to be changed or withdrawn if
a) one of the requirements for issuing the license to operate has ceased to apply
or a deficiency that originally existed and still arises subsequently;
b) the operation of the hospital is interrupted contrary to the provisions of § 35 or the
Hospital has been closed.
(3) The license to operate a hospital or individual departments or others
Organizational units can be withdrawn if there are other serious defects
Request will not be resolved within a specified period.
(4) The state legislation may provide for the elimination of deadlines.
Note for the following provision
Basic provision
§ 13. (1) The institution of a hospital is prohibited, itself or by other physical or
legal persons provide factual or untrue information in connection with the operation of a
To give hospital.
(2) The more detailed provisions on those in violation of the provisions of paragraph 1
Penalties are imposed by state legislation.
Note for the following provision
Basic provision
Main part C.
Special provisions for public hospitals.
I. SECTION.
General.
Section 14. Among public hospitals are hospitals of the type specified in section 2 (1) lines 1 to 3
Understand ways that public law has been granted.
Note for the following provision
Basic provision
Requirements for the award of public law.
§ 15. The public right can be granted to a hospital if it meets the requirements of the
respective ordinance according to § 23 or § 24 of the Federal Law on Partnership Target Control-
Health, BGBl. I № 26/2017, corresponds to, it is non-profit, the fulfillment of her in this
Duties imposed by federal law as well as their secured existence and appropriate operation are guaranteed
and if they are public from the federal government, a federal state, a municipality, another body
Right, a foundation, a public fund, another legal entity or an association
is managed and operated by legal entities. If the legal entity of the hospital does not
It is also to be proven that its legal entity has jurisdiction over the for the secured operation
the hospital has the necessary funds. There is no entitlement to the award.
Note for the following provision
Basic provision
To come into force vis-à-vis the federal states on implementing legislation
see. Section 65 and Art. 1 3rd Title, Federal Law Gazette I No. 179/2004.
Section 16. (1) A hospital is to be regarded as non-profit if
a) their business is not intended to generate a profit;
b) every person in need of admission is admitted in accordance with the institution's facilities (section 22 (2));
c) The nurses are kept in the hospital for as long as they are treated, treated, cared for and fed
as your state of health requires at the discretion of the attending physician;
d) for medical treatment, including care, and without prejudice to inclusion in the
Special class, for food and accommodation only the state of health of the
Fosterlings is decisive;
e) LKF fees in accordance with section 27 (1) for the same services provided by the hospital or the nursing fees
for all nurses of the same fee class, if necessary considering a breakdown into
Departments and other bed-leading organizational units or care groups for acute patients
and for long-term treatment (Section 6 (1) (a)) and for day or night operation and the
semi-stationary area (section 6 (1) b) are set at the same amount (section 28);
f) the staff of the hospital without prejudice to Sections 27 (4) and 46 (1) of the nursing staff
or their relatives may not be paid in any way and
g) the number of beds intended for the special class is a quarter of that for institutional care
available number of beds.
(2) The state legislation determines the conditions under which the
general fee class a special class may be set up and under what conditions
Care is to be included in the special class. The special class has through its special equipment
to meet higher requirements with regard to meals and accommodation.
Note for the following provision
Basic provision
Awarding of public law.
§ 17. (1) Public law is granted by the state government. The awarding of the
Public law is to be announced in a suitable manner.
(2) When expanding a public hospital by setting up a new department, other
organizational units leading to beds or a new outpatient clinic, during their relocation and at
other significant changes in your company are the prerequisites for public law
check again. The continuation or expiry of the public law is within the meaning of paragraph 1
to announce.
Note for the following provision
Basic provision
Ensuring public hospital care.
§ 18. (1) Each country is obliged, taking into account the regulations according to § 23 or § 24
of the Federal Law on Partnership Targeting Health, Federal Law Gazette I № 26/2017,
Hospital care for people in need of care (section 22 (3)) in their own country either through
Establishment and operation of public hospitals or by agreement with legal entities of others
Ensure hospitals. There is also a need for long-term care and
to take into account the future development to be expected in this context. For people who
Border area between two or more countries can also ensure institutional care
that these people in the case of need of hospitalization in a neighboring hospital
Be instructed in the country.
(Note: Paragraph 2 repealed by Art. 2 Z 11, Federal Law Gazette I No. 26/2017)
(3) The state legislation must ensure that for persons in need of an institution (Section 22 (3)),
especially for unavoidable sick people (§ 22 paragraph 4), a sufficient number of beds of the general
Fee class is available.
(4) In order to ensure proper hospital care, the state legislation for
the establishment and expansion of public hospitals, the expropriation of land and others
real rights.
Note for the following provision
Basic provision
Angliederungsverträge.
Section 19. (1) The federal state legislation provides for regulations on the extent to which contracts that
between the legal entities of public or one public and one non-public
Hospital about the inpatient and / or outpatient treatment of the nursing children of the former
Hospital (main hospital) in the latter (affiliated hospital) under medical supervision
and concluded for the account of the main institution (affiliation contracts) are permitted. to
The validity of such contracts requires the approval of the state government. The approval is
in particular to fail and a granted authorization is to be revoked if the
Affiliation contract to one of the respective ordinances pursuant to Section 23 or Section 24 of the Federal Law on
partnership-based target control-health, BGBl. I № 26/2017, would lead to a conflicting state
or has led.
(2) For those cases in which the participating hospitals are located in different federal states
to stipulate in the implementing laws that an affiliation contract is only legally valid if each
of the locally responsible state governments in accordance with the legislation applicable to them
has approved.
(3) In the case of an affiliation contract, those of the main institution in the affiliated institution apply
housed fosterlings as fosterlings of the main institution.
Note for the following provision
Basic provision
drug Commission
§ 19a. (1) The providers of hospitals have with regard to the selection and use of
Medicines to set up drug commissions. The state legislation can provide that a
Medicines commission is also set up for several hospitals.
(2) The Drug Commission has the following tasks in particular:
1. Make a list of the medicinal products that are used in the hospital (list of medicinal products);
2. Adaptation of the drug list;
3. Development of guidelines on the procurement and handling of medicinal products.
(3) The sponsors of hospitals must ensure that the pharmaceutical commission at the
Fulfilling its task the decisions of the Federal Target Steering Committee in matters of
joint medication commission according to § 13 paragraph 2 of the federal law on partnership
Target control health and in particular the following principles are taken into account:
1. For the use of the medicinal products, only the state of health of the nurses is important
essential.
2. The selection and use of medicinal products may only be based on the principles and recognized
Methods of medical and pharmaceutical science are done.
3. The preparation of the list of medicinal products takes into account the purpose of the institution and the
Range of services to be carried out in such a way that the necessary care of the nursing home with medicinal products
is ensured.
4. At hospitals that fully or partially research and teach a medical
University or a university where a medical faculty is set up
in addition to ensuring that these perform their duties in the field of university
Can carry out research and teaching without restriction.
(4) When drafting guidelines on the procurement and handling of medicinal products,
to consider the principles according to para. 3 also for the expediency and economy,
in particular that
1. the economically most favorable of several therapeutically equivalent drugs is chosen;
2. If necessary, instead of prescribing medicinal products, any other, eg therapeutic
equivalent measures that would be more appropriate and economical are taken;
3. when prescribing medicines for care after the discharge of several
therapeutically equivalent drugs that are economical in the case of purchase against payment
Chosen cheapest and, if medically justifiable, that of the umbrella organization of
List of medicines published by social insurance institutions and the guidelines contained therein
for the economic prescription.
(5) The state legislature has to oblige the providers of hospitals to ensure that
that the medicinal products contained in the list of medicinal products are used in the hospital and that
if there is a deviation from the list of medicinal products, the medical necessity of this deviation in individual cases
Drug commission must be brought to the knowledge and justified afterwards.
(6) The state legislation must ensure that the pharmaceutical commission in any case
Representative of social security heard and that through the rules of procedure of
Drug Commission stipulates that the procedure in accordance with Paragraph 4 No. 3 with this representative
is to be coordinated. In addition, the state legislation may provide further regulations on the
Drug Commission, in particular its composition, on the rules of procedure, the
Convocation of the commission, the conduct of negotiations as well as that of the commission at most
control tasks to be performed.
(7) The Drug Commission has to give itself rules of procedure. Furthermore, the
State legislation ensures that members of the drug commissions exercise their
Activity is not subject to any instructions.
Note for the following provision
Basic provision
Drug stock.
§ 20. (1) In public hospitals in which institutional pharmacies do not exist, a
sufficient supply of medicinal products that are usually required by the nature of the hospital,
be created. The names and safekeeping are the same as for the medical pharmacies
Apply regulations accordingly. There is no preparation or other preparation of medicines
allowed. Medicines may only be administered to the caregiver under the responsibility of a doctor.
(2) The drug supply is in terms of the correct storage and quality of the
individual pharmaceuticals from the district doctor of the district administrative authority, if not, unless the
Local authorities as institutions have their own specialists, with the involvement of one
Officials of the Federal Institute for Drugs in Vienna to check at least once every two years.
(3) The legal entities of public hospitals, if they do not operate an institutional pharmacy, have the
Obtain medicines from a pharmacy in the European Economic Area.
(4) Public hospitals that do not operate an institutional pharmacy have consultant pharmacists
order if the supplying pharmacy does not fulfill the tasks mentioned in paragraph 5
is guaranteed. Only a pharmacy master may be appointed as a consultant pharmacist
Authorization to exercise the professional activity in the pharmacy after successful practical
Has received training and at least predominantly worked in a domestic pharmacy and in
is able to fulfill the tasks mentioned in paragraph 5. The order requires the approval of
State government.
(5) The independent pharmacist has the medical supply of the hospital with regard to the
proper storage and quality of the medicinal products at least once a quarter
check and report any defects to the medical director of the hospital; he also has this in
to provide professional advice and support for all pharmaceutical matters.
Note for the following provision
Basic provision
Public job advertisement.
Section 21. (1) The positions of those doctors who have a public hospital or department, department,
manage a specialist area, a research department or an outpatient clinic in a public hospital
or to be appointed as a consultant or as a consultant dentist, as well as the positions of those pharmacists,
who are to be entrusted with the management of an institutional pharmacy must be advertised in public. For the
Application must be given a reasonable period of time.
(2) Exceptions to the provisions of paragraph 1 are the bodies which, on the basis of the relevant
University regulations are filled.
(3) More detailed regulations on the announcement of vacancies, assessment
the applicants by the State Medical Council and their ranking are permitted by the state legislation
adopted.
Note for the following provision
Basic provision
Admission of the fosterlings.
§ 22. (1) Nurses can only by the institution management based on the examination by the
certain institutional doctor. Should the admission of the child only last up to the duration of one
Daily (day clinic) in the field of a special subject for which a department, a department
or if there is no specialist focus, only such nurses may be admitted to
which, according to the circumstances of the individual case, the existence of such an organizational unit for
any incidents are expected to be unnecessary.
(2) The admission of foster children is restricted to persons in need of care and to persons who care for one
undergo surgery, limited. When admission is based on the purpose of the hospital and on
to consider the scope of the institutional facilities. Inevitable sick people have to be in institutional care
be taken. Public hospitals are also required, people for whom
Benefit claims from social health insurance exist to accept as fosterlings.
(3) Persons in need of an institution within the meaning of Paragraph 2 are those whose medical examination is necessary
Established mental or physical condition requires admission to hospital care, individuals,
which a social security institution or a court has in connection with a proceeding
Assigns benefits to the hospital for the purpose of an assessment or an assessment,
healthy people to conduct a clinical trial of a drug or medical device
as well as people who are admitted to the hospital to take measures of the
Reproductive medicine need.
(4) Persons whose mental or physical
Condition due to danger to life or danger of an otherwise unavoidable serious
Damage to health requires immediate institutional treatment, and in any case women, if the
Delivery is imminent. Furthermore, people who are on the basis of special regulations
Authority to be instructed to be regarded as irrefutable.
(5) Is the inclusion of an unavoidable patient (para. 4) in the general fee class because of
Not possible due to lack of space, the hospital has been using it for as long without charging additional costs
Special class to record until the lack of space in the general fee class is remedied and the
Condition of the patient allowing the transfer.
(6) In the case of the treatment of a pet in subject-related organizational units (§ 2b)
or in dislocated forms of business (Section 6 (7)) the patient is one of the hospitals in which he is
located.
Note for the following provision
Basic provision
§ 23. (1) First-aid, which is absolutely necessary, must not be given to anyone in public hospitals
be denied.
(2) An infant can only be together with the mother who is not in need of a prison or another
Accompanying person or a mother in need of an institution can only be admitted together with their infant,
for example, the mother (accompanying person) and the infant are to be taken together in hospital care. Through the
State legislation is taking into account the spatial given in the respective hospital
Conditions to allow the admissibility of admission of other escorts not in need of a prison.
Note for the following provision
Basic provision
Release of fosterlings.
Section 24. (1) Nurses who have been diagnosed on the basis of a medical examination
Successful treatment of the nursing care no longer need to be released from the nursing care.
Nursing dependents are to be released if they are transferred to another hospital
becomes necessary and is ensured. The institutional doctors appointed by the institutional management have before everyone
Discharge by examination to determine whether the caregiver is healed, improved or dismissed unhealed
becomes.
(2) When a foster child is released, there is an immediate next to the release form
Draft letter of discharge, which is necessary for any further medical, psychological,
Psychotherapeutic and nursing care or care provided by midwives
and recommendations as well as any necessary orders for members of the health and
Nursing professions, members of the superior medical-technical services or massage therapists
must contain essential continuity of care. In this are the details and
Present recommendations and instructions in a clear and summarized manner. recommendations
with regard to further medication from the umbrella organization of social security institutions
issued reimbursement code and the guidelines on the economic prescription of
Remedies and remedies to be considered. Exceptions are exclusively from medical
Necessary permissible, if necessary an authorization from the chief medical and control service of the
Obtain health insurance providers. This release letter is after the decision of the nurse
this or
1. the instructing or further treating doctor or dentist and
2. If necessary, the relatives of a prospect for further care
Health professional and
3. If necessary, the facility envisaged for further care and support
to transmit.
(3) If the foster person cannot be left to his or her own devices, the provider of social assistance is before
To notify dismissal in good time.
(4) If the caregiver, his relatives or his legal representative wish early release,
the attending doctor or dentist is therefore aware of any adverse health effects
make and write down about it. Early release is not permitted if the
Caregiver has been instructed by an authority in hospital care on the basis of special regulations
is.
(5) The final documentation of treatment in an outpatient clinic is considered a discharge letter. Paragraph 2
and 4 apply accordingly.
Note for the following provision
Basic provision
Corpse opening (autopsy).
§ 25. (1) The bodies of the nursing deceased in public hospitals are to be autopsied,
if the autopsy has been ordered by the police or criminal procedure or to protect others
public or scientific interests, in particular due to diagnostic uncertainty of the case
or due to a surgical intervention.
(2) If none of the cases mentioned in paragraph 1 is present and the deceased does not already have one during his lifetime
Autopsy approved, an autopsy may only be carried out with the consent of the next of kin
become.
(3) A record of the medical history of each autopsy must be recorded and in accordance with § 10
Paragraph 1 No. 3.
Note for the following provision
Basic provision
Anstaltsambulatorien.
Section 26. (1) In public hospitals of the types listed in Section 2 (1) lines 1 and 2 are persons
those who do not need to be admitted to institutional care need to be examined or treated on an outpatient basis if it is
1. to provide first aid,
2. for treatment after first medical help or in continuation of one given in the hospital
Care that must be carried out in the same hospital in the interests of the person treated,
3. to use examination and treatment methods with such aids that are outside
the institution at a reasonable distance from the patient's place of residence is not appropriately or
are insufficiently available,
4. via medical or dental referral for finding findings before inclusion in institutional care,
5. in connection with organ, tissue and blood donation,
6. to conduct clinical trials of drugs or medical devices or
7. for measures of reproductive medicine
necessary is.
(2) Furthermore, the hospitals mentioned in paragraph 1 have the right to carry out preventive medical examinations
to be carried out on an outpatient basis. The state government must be notified of the commencement of this activity.
(3) The providers can also meet their obligations under paragraph 1 by agreement with others
Legal entities of hospitals, with group practices or other forms of medical cooperation
correspond. It is particularly important to ensure that all relevant provisions of this
Federal law are observed. Such contracts require the approval of the state government.
Note for the following provision
Basic provision
To come into force vis-à-vis the federal states on implementing legislation
see. Section 65 and Art. 1 3rd Title, Federal Law Gazette I No. 179/2004.
DRG fee; Maintenance and special fee
§ 27. (1) With the LKF fees or the maintenance fees of the general fee class,
without prejudice to paragraph 2 and § 27a, all services of the hospital are compensated.
(2) The cost of transporting the patient to and from the hospital, the provision
a dental prosthesis - if it is not with the treatment carried out in the hospital
connected -, the provision of orthopedic aids (body replacement pieces) - insofar as they are not
represent therapeutic aids - as well as the cost of burying one in the hospital
Deceased people are not included in the LKF fees or the nursing fees. The same applies to
Additional services that are not related to medical services and on
express request of the pet.
(3) Expenses resulting from the establishment, redesign or expansion of the institution
Depreciation of the value of the property as well as pensions and additional clinical expenses (Section 55) may be made
the calculation of the euro value per LKF point as the basis for determining the LKF fees and the
Calculation of maintenance fees cannot be used as a basis.
(4) The state legislation must determine:
1. whether and what other fees in the special class in addition to the LKF fees or the
Nursing fees can be raised;
2. whether and what remuneration for the occasional assistance by a person not employed in the hospital
Midwife can be prescribed;
3. whether and to what extent contributions are to be made for outpatient treatment, if these
Benefits are not paid for by the State Health Fund;
4. to what extent and in what way the costs for the expenses mentioned in para
Except for the cost of extended health care and funeral services.
(5) Any other than the statutory fee (paragraphs 1 to 4 inclusive, §§ 27a and 46) may
are not lifted by fosterlings or their relatives.
(6) In the cases of section 23 (2) first sentence, the LKF fees or the nursing fees are only for
billed one person. Incidentally, accompanying persons may join the general fee class
Payment of a fee up to the amount of your accommodation in the hospital
Costs to be committed.
Note for the following provision
Basic provision
§ 27a. (1) Of socially insured nurses of the general fee class, for their institutional care
in kind, either LKF fee reimbursement by the State Health Fund or fee reimbursement
to be borne entirely by a social security institution is by the institution of
Hospital to collect a cost contribution of 3.63 euros per day. This post may
per person for a maximum of 28 calendar days in each calendar year. Of the
In any case, people are liable to pay the costs, for whom there is already a cost contribution after another
federal law provisions are made, institutional care in the case of maternity, in the event of illness
in connection with maternity or as a result of childbirth
Institutional care related to organ donation, as well as those individuals
except for whom there is a special need for social protection, whereby the family,
Income and financial circumstances as well as the type and duration of the illness must be taken into account.
In the case of a transfer, the cost contribution for the day of the transfer is only that
To enter the hospital to which the patient is transferred.
(2) The state legislation is authorized, from 2005 onwards, to the extent specified in paragraph 1
to increase that the sum of all cost contributions according to paragraphs 1 to 6 amounts to a maximum of ten euros (based on 2005).
(3) In addition to the cost contribution in accordance with Paragraph 1, the general level of social insurance children
Fee class, for whose nursing care in kind either LKF fee replacement by the
State health fund or fee replacement in full by a social security institution
be borne by the institution of the hospital for the State Health Fund a contribution in the
To collect the amount of 1.45 euros per day. This contribution may not exceed 28 per person
Calendar days are raised in every calendar year. In any case, persons are responsible for the contribution
who are already making a contribution to costs in accordance with other federal regulations, institutional care
in the case of maternity, in the event of illness in connection with maternity or as a result of
Make use of the childbirth facility, in connection with an organ donation
except those who are particularly vulnerable to social protection,
whereby the family, income and financial circumstances as well as the type and duration of the illness increase
are taken into account. In the case of a transfer, the cost contribution for the day of the transfer is only
from the hospital to which the patient is transferred.
(4) The cost contribution according to paragraph 1 in connection with paragraph 2 decreases or increases annually in the
Measure that results from the change of the Austrian Central Statistical Office
The 1986 consumer price index or the index which will take its place on the date of entry into force
The federal law, Federal Law Gazette № 282/1988. If the state legislation of the
Possibility of increasing the cost contribution according to paragraph 2 to the extent that it makes use of
the year 2005 the sum of all contributions according to paragraphs 1 to 6 taking into account the valorisation ten euros
this would have to be carried out for the first time in 2006.
(5) In addition to the cost contribution in accordance with Paragraph 1 and the contribution in accordance with Paragraph 3 is from social insurance
Children of the general fee class and children of the special class have a contribution of 0.73 euros
to levy. This contribution may be paid per carer for a maximum of 28 calendar days in each calendar year
be raised. In any case, persons who - apart from the
Special class fee according to § 27 paragraph 4 line 1 - already a cost contribution according to other federal law
Regulations are made related to institutional care in the case of maternity, in the event of illness
with maternity or as a result of childbirth, take care of the institution in
In connection with organ donation, and excluding those for whom
there is a particular need for social protection, with the family, income and
Financial circumstances and the type and duration of the illness must be taken into account. In case of a
The cost contribution for the day of the transfer is only to be collected from that hospital,
to which the caregiver is transferred.
(6) The contribution according to Paragraph 5 is collected by the institution of the hospital and used for
Compensation for damage caused by treatment in these hospitals and at
for which the legal entity's liability is not clearly given. The
State legislation must also provide compensation for cases in which the
Legal entity does not exist if it is a rare, serious complication that is
has caused significant damage.
(7) The cost contributions according to paragraphs 1, 3 and 5 are for people who are not yet 18 years of age
accomplished not to levy.
Note for the following provision
Basic provision
State Health Funds
§ 27b. (1) The benefits provided to socially insured nurses in fund hospitals are included
Settlement of any special fees in accordance with section 27 (4) via the State Health Fund. The
State legislation can provide that benefits that are for non-social insured persons in
Fund hospitals are provided, are billed via the state health fund.
(2) Services provided by fund hospitals that are rendered to persons in need of an institution
performance-oriented through the state health fund through to be determined according to the following principles
Settling LKF fee replacements:
1. In the LKF core area on the basis of the Austria-wide uniform system of
performance-oriented diagnostic case groups including the scoring system in each
current version determines the LKF points for the individual care worker.
2. Within the framework of the LKF control area, the performance-based allocation of funds can
State Health Fund on special care functions of certain hospitals
Take care. Special supply functions in the context of LKF billing are:
a) central supply,
b) focus provision,
c) hospitals with special professional care functions and
d) Hospitals with special regional care functions.
The supply functions of individual departments are also part of the assignment to the supply levels
according to their number and structure.
(3) The state legislation must determine the form in which benefits in the
Additional cost center area and outpatient services to patients in accordance with Paragraph 1
the state health fund. However, the scoring model for the
hospital outpatient area (LKF outpatient). This can also be done through state legislation
transferred to the State Health Fund.
(4) In addition, funds for compensation payments can be earmarked within the framework of the State Health Fund
become.
(5) The agreement with the objectives of the ÖSG and the agreement with the respective
Regulations in accordance with section 23 or section 24 of the Federal Act on Partnership Target Health
BGBl. I № 26/2017, and the fulfillment of the obligation to document on the basis of the federal law
on documentation in health care, BGBl. № 745/1996, last changed by BGBl. I
№ 179/2004, is a requirement that the institution of the hospital funds on the basis of
Agreement according to Art. 15a B-VG on the organization and financing of the healthcare system.
Section 3 (3) of the Federal Act on the Quality of Health Services, Federal Law Gazette I № 179/2004, in each case
applicable version is to be applied.
Note for the following provision
Basic provision
To come into force vis-à-vis the federal states on implementing legislation
see. Section 65 and Art. 1 3rd Title, Federal Law Gazette I No. 179/2004.
§ 28. (1) The euro value per LKF point as the basis for determining the LKF fees that
Nursing fees and any special fees (section 27 (4)) are the legal entity of the hospital for
the estimates and for the accounts, taking into account § 27 (3), to cover costs
determine. The LKF fees are calculated as the product of the LKF points determined for the individual carer
with the euro value determined by the state government per LKF point. Get LKF fees
Billing is the Austria-wide uniform system of performance-oriented diagnosis case groups
including the scoring system in a suitable manner. The one for the LKF fees
Euro value charged per LKF point, the maintenance fees and special fees are from the
State government taking into account the equipment and facilities as determined by the function of the
Hospital are required, and the proper and economical conduct to fix and in
Announce state law gazette. This announcement also includes the cost-effective determined euro value,
include the maintenance fees and special fees determined to cover costs.
(2) The federal state legislation has for all public and privately run private according to § 16
Hospitals that are not fund hospitals, as well as for those patient groups in
Fund hospitals that are not accounted for by the state health fund determine whether the
Services of the general fee class are compensated for by LKF fees or maintenance fees.
(3) Publicly available for several of them with the same equipment, furnishings and function
Hospitals in the area of ​​a community are the LKF fees, nursing fees and any
To set special fees uniformly for these institutions.
(4) The LKF fees, the maintenance fees and any special fees of a public
Hospital that is not administered by a local authority may not be lower than the LKF-
Fees, nursing and any special fees of the closest one from a local authority
operated public hospital with similar or nearly equivalent facilities, such as
they are required by the function of this hospital. The determination of similarity or
the state government is responsible for approximately equivalence.
(5) In the cases of diagnosis or assessment in accordance with Section 22 (3) second half sentence, the LKF-
Fees or maintenance fees payable in full by the social security institutions.
Note for the following provision
Basic provision
Section 29. (1) The state legislation may allow the admission of persons who have no residence in
Federal territory and which the expected LKF fees or maintenance (special) fees as well
Cost contributions or the expected actual treatment costs within the meaning of paragraph 2 are not
impose or ensure to be limited to cases of inevitability (Section 22 (4)).
(1a) Provided that there are no cases of inevitability, the state legislation
notwithstanding paragraph 1, provide that admission can be refused if by admission
a hospital fulfills its care mandate in accordance with the respective ordinances in accordance with § 23 or § 24 of the
Federal Law on Partnership Targeting Health, Federal Law Gazette I № 26/2017, for people with
Domicile in the federal territory could no longer meet within a reasonable period.
(1b) The state legislation can stipulate that the state government can provide that for the
Settlement of benefits for people who, on the basis of Directive 2011/24 / EU on the exercise of
Patient rights in cross-border healthcare, OJ. № L 88 from 04.04.2011 S 45,
the relevant regulations that apply to persons who
on the basis of Regulation (EC) № 883/2004 on the coordination of social security systems, OJ.
№ 166 of 04/30/2004 p. 1, last amended by Regulation (EU) № 517/2013, OJ. № L 158 from
10.06.2013 p. 1.
(2) Furthermore, the state legislation may stipulate that the state government upon admission
foreign nationals instead of LKF fees or maintenance (special) fees as well as cost contributions
Can provide for payment of the actually incurred treatment costs. This does not apply to
1. cases of inevitability (Section 22 (4)), provided that they have occurred in Germany,
2. Refugees to whom in the sense of the Asylum Act 1997, Federal Law Gazette I № 76/1997, last changed by the
Announcement BGBl. I № 105/2003 asylum was granted, and asylum seekers to whom in the sense of
Asylum Act 1997 a provisional residence permit was certified,
3. Persons who have compulsory health insurance in Austria or
Pay contributions to such a health insurance policy, as well as people who are covered by the
social security provisions in health insurance are considered relatives,
4. Persons belonging to a social security institution on the basis of international or
supranational law on social security to provide benefits in kind according to him
are associated with applicable legislation and
5. Persons who are nationals of parties to the Agreement on the European
Economic area (EEA Agreement).
Note for the following provision
Basic provision
To come into force vis-à-vis the federal states on implementing legislation
see. Section 65 and Art. 1 3rd Title, Federal Law Gazette I No. 179/2004.
Contribution of the LKF fees, maintenance (special) fees and cost contributions
§ 30. (1) regulations on the introduction of LKF fees or maintenance (special) fees and
Contribution to costs (Section 27a), in particular via the procedure for contribution in the event of arrears
the carer himself, about the assertion against third parties and the calculation of
Fees for accompanying persons of children (section 27 (6) second sentence) are due to the state legislation
to enact.
(2) The federal state legislation can stipulate that a pre-payment is due for able-bodied nurses
the expected LKF fee or an advance payment for care (special) fees for a maximum of each
30 days and the cost contributions for a maximum of 28 days must be paid in advance.
(3) In any case, in the regulations to be issued by the state legislature in accordance with paragraph 1
to determine that on the basis of backlogs from public hospitals for LKF fees or
Nursing care (special) fees and cost contributions against nurses are enforced by administrative means
is when enforceability is confirmed by the district administrative authority.
Note for the following provision
Basic provision
§ 31. The state legislation has to determine under which conditions and in what way
the providers of public welfare may monitor those care cases for which they are responsible
to have.
Note for the following provision
Basic provision
To come into force vis-à-vis the federal states on implementing legislation
see. Section 65 and Art. 1 3rd Title, Federal Law Gazette I No. 179/2004.
§ 32. The LKF fees or maintenance (special) fees and cost contributions are with the day of
Due due. Statutory default interest can be paid after six weeks from
Due date.
Note for the following provision
Basic provision
Contribution district and hospital branch.
Section 33. (1) For purposes of contributing to the departure of public hospitals, the
State legislation to order that for such hospitals that area for whose population they
are initially determined as the contribution district and the wider catchment area as
Hospital sprinkle is formed.
(2) The contribution district and the hospital branch form those belonging to their area
Communities.
(3) The state legislation can also stipulate that the state territory and district
Hospital sprinkle for all public hospitals is.
Note for the following provision
Basic provision
To come into force vis-à-vis the federal states on implementing legislation
see. Section 65 and Art. 1 3rd Title, Federal Law Gazette I No. 179/2004.
Covering the operating aisle.
§ 34. (1) The federal state legislation is to order that in the formation of contribution districts and
Hospital sprinkles according to section 33 of the total by the operating and maintenance costs
in relation to the income-related exit from operations in a certain ratio by the legal entity of the
Hospital, the contribution district, the hospital district and the federal state.
Here are the shares of the contribution district, the hospital blasting and the state
to be stipulated that together they cover at least half of the disposal.
(2) In hospitals operated by a federal state, in agreement with the
Municipality in whose area the hospital is located (seat municipality), it is determined that instead of the
Legal entity this community occurs.
(3) The state legislation may provide that the funds to cover the company exit by
be distributed to the state health fund.
Note for the following provision
Basic provision
To come into force vis-à-vis the federal states on implementing legislation
see. Section 65 and Art. 1 3rd Title, Federal Law Gazette I No. 179/2004.
Business interruption and closure.
Section 35. (1) The legal entities of public hospitals are obliged to operate the hospital
to maintain without interruption.
(2) The waiver of public law and for hospitals, the economic supervision (§ 11
Paragraph 2) are subject to the voluntary business interruption or shutdown
Approval by the state government. The state government has that in the case of a fund hospital
To inform the Federal Ministry of Health and Women of the factual situation.
(3) State legislation may provide that hospitals operated by the
Economic supervision (Section 11 Paragraph 2) is not subject to a voluntary business interruption or its liquidation
to notify the state government of a certain time in advance.
Note for the following provision
Basic provision
Withdrawal of public law.
§ 36. (1) The public right is to be withdrawn if one for the award of the
Public right in § 15 or a prerequisite stipulated
existing and continuing deficiency arises subsequently.
(2) If the authorization granted to a public hospital for construction or operation
withdrawn (§ 12), it simultaneously loses public law.
Note for the following provision
Basic provision
II. SECTION.
Special provisions for departments of psychiatry in public hospitals and for
public
Special hospitals for psychiatry
Section 37. (1) Departments and special hospitals for psychiatry are for the admission of mentally ill people
certainly.
(2) The purpose of the admission is
1. the determination of the state of health by examination,
2. the treatment for healing, improvement or rehabilitation,
3. the treatment to prevent deterioration or
4. the necessary care and special care, provided that this is only in the hospital
can be guaranteed;
in cases of Z 2, 3 and 4 including the necessary defense against serious and substantial
Dangers to the life or health of the sick or other persons if these dangers in the
Are related to mental illness.
(3) In the cases of para. 2 nos. 3 and 4, terminally mentally ill patients can also be treated in departments and in
Special hospitals for psychiatry are included.
Note for the following provision
Basic provision
§ 38. Departments and special hospitals for psychiatry are fundamentally open.
Note for the following provision
Basic provision
Section 38a. (1) In departments and special hospitals for psychiatry, closed areas are allowed
be performed. These must be distinguishable from the other areas.
(2) The establishment of a closed area is considered a major change within the meaning of § 4
Paragraph 1.
(3) Enclosed areas are used to hold mentally ill people, to which the
Housing Act, Federal Law Gazette No. 155/1990, last amended by Federal Law Gazette I № 18/2010.
Closed areas of special psychiatric hospitals are also used to hold
Persons whose arrest or provisional arrest in accordance with section 21 (1) of the Criminal Code, section 71 (3) and
167a StVG or section 429 (4) StPO was ordered in a hospital or department for psychiatry.
Note for the following provision
Basic provision
Section 38b. Even outside of closed areas can in departments and special hospitals for
Psychiatry be taken care of by suitable organizational measures that the mentally ill
Restrictions on their freedom of movement can be subject to the Accommodation Act.
It must be ensured that other mentally ill people are not impaired in their freedom of movement
become.
Note for the following provision
Basic provision
Section 38c. (1) The institutional regulations have in particular the organizational peculiarities of care
to consider mentally ill.
(2) The institutional regulations must ensure that patient attorneys and courts comply with them legally
can perform assigned tasks in the hospital. For performing verbally
Appropriate premises are available for negotiations and for the activities of patient lawyers
put.
Note for the following provision
Basic provision
§ 38d. (1) For the documentation and storage of those to be kept in accordance with the Accommodation Act
§ 10 applies analogously to records.
(2) Psychiatric hospitals and psychiatric departments have an electronic one
To maintain documentation from which the following data can be seen on a daily basis:
1. name of the accommodated persons,
2. further restrictions (section 33 (3) UbG) for persons pursuant to item 1,
3. Beginning and end of the accommodation and further restrictions,
4th prescribing doctor,
5. Any injuries that the sick or the staff in connection with further
Have suffered restrictions.
In any case, this documentation must also enable statistical evaluations.
(3) To ensure the control purpose, the documentation according to paragraph 2 may include
Ombudsman and the members of the commissions it sets up (Art. 148h para. 3 B-VG) and
inspect international visit mechanisms (CPT and CAT).
Note for the following provision
Basic provision
Section 38e. (1) In addition to departments (Section 7 (4)) there are also special hospitals for psychiatry in which
a closed area is established or the mentally ill otherwise restrict their freedom of movement
subject to medical supervision by a specialist in psychiatry, psychiatry and
Neurology, neurology and psychiatry or child and adolescent psychiatry.
(2) The state legislation can exempt from the requirement of paragraph 1 for special hospitals for
Refrain from psychiatry if these are divided into departments and the department in which a
closed area or mentally ill otherwise restrictions on their freedom of movement
subject to the direction of a specialist in psychiatry, psychiatry and neurology or
Neurology and psychiatry stands. Psychiatric organizational units responsible for the treatment of children
are to be under the direction of a specialist in child and adolescent psychiatry.
Note for the following provision
Basic provision
§ 38f. Sections 22 and 24 apply insofar as they do not derive from the Accommodation Act
other results.
Note for the following provision
Basic provision
Main part D.
Provisions for private hospitals.
Section I.
General regulations.
Section 39. (1) Private hospitals are hospitals that do not have the public right. she
can also be set up and operated by physical persons.
(2) The rights and obligations arising from admission to a private hospital are
to judge according to the provisions of civil law.
(3) It must be ensured that in any case the information provided to nursing staff within the meaning of Directive 2011/24 / EU in
Invoiced costs are calculated according to objective, non-discriminatory criteria.
Note for the following provision
Basic provision
§ 40. (1) For the establishment and operation of private hospitals, the provisions of
Main parts A and B in their entirety and those of main part C as follows:
a) In federal states in which public hospitals in one of their size and the number of
Dimensions of a population that do not exist are those of a local authority
to operate operated hospitals, persons within the meaning of § 22 paragraphs 2, 3 and 4 in
To take hospital care.
b) Section 25 (funeral openings) with the proviso that post mortems are to be carried out, if these
due to diagnostic ambiguities of the case or due to an operative
Intervention are required. Minutes must be recorded for each body opening.
c) Sections 16, 19a, with the exception of paragraphs 4, 23 paragraph 1, 24 paragraph 1 second and third sentences, 24 paragraph 2 with the
Provided that the Reimbursement Code and the Prescription Policy
Recommendations about further medication should only be taken into account if the nurse takes the
Remedies will relate to the costs of a health insurance provider, sections 24 (4), 26 and 35
Paragraph 3.
d) For non-profit hospitals (section 16), sections 19a (4), 27, 27a, 28 also apply
Paragraphs 3 and 4 and 32 application.
e) Section 20, with the proviso that independent pharmacists take the medication supply from the self-employed
Outpatient clinics regularly, at least once a year, depending on the purpose of the institution
have control.
(2) More detailed regulations can be issued by the state legislation on whether, under
what conditions and to what extent those operated by physical persons
Hospitals continued operating rights are permitted.
(3) The hospital has, if the services are not billed through the State Health Fund
or taken over by a domestic social insurance or health care institution,
after the service has been performed, issue an invoice for this.
Note for the following provision
Basic provision
II. SECTION.
§ 41. For the management of departments for psychiatry in private hospitals and in private
Sections 37 to 40 apply to special hospitals for psychiatry.
Note for the following provision
Basic provision
To come into force vis-à-vis the federal states on implementing legislation
see. Section 65 and Art. 1 3rd Title, Federal Law Gazette I No. 179/2004.
Main part E.
Common provisions.
Section 42. Licenses and permits and their withdrawal, as well as the order or
Dismissing senior doctors, the state authorities on the basis of the relevant provisions of the
Issue or dispose of implementing laws of the federal states on this part of this federal law,
are to be announced to the governor immediately. Permits and permits and their
The Federal Health Agency (Sections 56a ff) must also be notified immediately of the withdrawal.
Note for the following provision
Basic provision
To come into force vis-à-vis the federal states on implementing legislation
see. Section 65 and Art. 21 Title 2, Federal Law Gazette I No. 65/2002.
Main piece F
sanatoriums
definitions
Section 42a. (1) Kuranstalten are facilities that use inpatient or outpatient
medical treatment types, which result from a localized natural healing
or its products within the meaning of paragraph 2.
(2) Natural healing deposits are localized natural deposits, which are due to special
Properties and without changing their natural composition a scientifically recognized
Have healing effects or be expected.
(3) In addition to the types of treatment mentioned in para
Additional therapies permitted, used to supplement the spa treatment according to a doctor's order
and in the current state of medical science it can be assumed that the
medical supervision of the operation is sufficient to have adverse effects on life or health
to exclude the treated persons. Treatment within the framework of additional therapies has, according to
Principles and recognized methods of medical science.
Note for the following provision
Basic provision
Main piece G
Military hospitals
Section 42d. (1) Military hospitals, their number and location by the Federal Minister for
National defense and sport have been established due to military needs
No permit is issued. The state government is to be notified of the intended construction. On
The responsible state government has requested the Federal Ministry of Defense and Sports
announce specific requirements for the operating license. The license to operate a
Bed-leading hospital must be granted if the requirements of section 3 (4) lit. b, d and e
given are. Permission to operate a military hospital as an independent outpatient clinic
is to be granted if the requirements of section 3b (1) lines 2 to 4 are met.
(2) The provisions of section 3 subsection 7, section 3b subsection 3 apply to the operation of military hospitals,
Section 4 (1) first and second sentences, Section 5a (1) lines 1 to 10, Section 5b (1) to (5), Section 6 (1) to (3) and 6, Section 7 (1)
to 4, § 7a paragraphs 1 and 2, § 8 paragraph 1 lines 1, 9 and 10, § 8 paragraphs 2 to 4, § 8a, § 8b paragraph 1 first sentence and paragraph 2
to 4 with the proviso that the 7th section of the B-BSG applies instead of the 7th section of the ASchG, § 8c
Paragraphs 1 to 3a, paragraph 4 lines 1 to 7 and 9, paragraphs 4a and 5, paragraph 6 with the proviso that the rules of procedure
does not require the approval of the state government, para. 6a and 7, § 8f, § 9 para. 1 and 2, § 10, § 11 para. 1,
§ 11a paragraphs 1 and 2, § 11b, § 11c, § 11d, § 12 paragraph 2 lit a, lit b with the proviso that § 35 is not applicable
is, as well as paragraphs 3 and 4, § 20, § 24 paragraph 1 second and third sentence, paragraphs 2, 3 and 4, § 25, § 48, § 60 paragraphs 1 to 6
and § 61 applicable.
Note for the following provision
Basic provision
Section 42e. In the event of deployment of the Federal Army in accordance with Section 2 (1) lit. a to d of the Defense Act 2001,
BGBl. I No. 146/2001, can of hospital regulations for the purpose of maintenance
medical supplies can be deviated from imperative necessities.
SECOND PART.
Directly applicable federal law.
Main part A.
Special regulations for medical universities or universities where one
Faculty of Medicine is established
Section 43. (1) At university clinics, which are medical departments of public hospitals, may
exceptionally also people who are not in need of an institution or otherwise for admission to the hospital
are not suitable for educational purposes and medical research
Nursing pets are cared for longer than is permitted under the provisions of this federal law.
(Note: Paragraph 2 repealed by Federal Law Gazette I No. 35/2004)
Section 44. Persons working at university clinics or other hospitals in which clinical
Lessons are given, treated, may be used for teaching purposes as far as yours
Health is not detrimental and you agree to the use. Comes after
The state of health of the child does not take into account the need to obtain consent, the appeal has to
To refrain from teaching if there is an objection to this by the pet.
Section 46. (1) The board of directors of university hospitals and the heads of clinical departments (Section 7 a)
it allows, with special class nurses and with people who are treated as outpatients at their own expense
without prejudice to the obligation of these persons to pay the maintenance and special fees
to agree a special fee if these persons are requested by the clinic board or
Head of the clinical department to be treated personally.
(2) The fees agreed with the clinic directors (heads of clinical departments) are subject to
not § 27 paragraphs 4 and 5 and § 28.
(3) Are institutional personnel or
Institutional facilities may be used by the legal entity of the hospital or, in the case of a
such costs in the context of the cost reimbursement for the additional clinical expenditure (§ 55) the federal government as
Legal entity of the medical university or university at which a medical faculty is established
is to claim remuneration. The principles for determining this remuneration are from
Federal Minister of Education, Science and Culture to be determined by ordinance. The legal entities of the in
Eligible hospitals should be heard before establishing these principles.
Main piece B.
Special rules for care fee claims.
(Note: Section 47 repealed by Federal Law Gazette No. 282/1988)
Transfer of claims for damages to a public hospital.
Section 48. Is the illness that led to the care of the child being at fault?
due to which a third party is liable according to legal regulations,
which arose from the reason for the reimbursement of medical expenses up to the amount of the still unpaid LKF
Fees or nursing fees to the legal entity of the hospital.
Main part C.
(Note: § 49 repealed by Federal Law Gazette No. 157/1990)
§ 50. The criminal courts are entitled to persons in custody for the purpose
examining and observing their mental state in public psychiatric hospitals
maximum for the duration of pre-trial detention, but in no case for more than three months.
The legal entities of these hospitals are obliged to transfer the admitted persons to the hospital
record, carry out the necessary examinations and observations and inform the court that
Notify the result immediately. The persons referred by criminal courts must be in
transferred to the criminal court in any case.
Section 55. The Confederation replaces:
1. the additional costs involved in the establishment, design and expansion of the
Teaching at medical universities or universities that have a medical school
is set up serving public hospitals from the needs of the classroom
yield;
2. the additional costs arising from the operation of the hospitals mentioned under Z 1
Meet teaching needs;
3. Maintenance fees of the general fee class or those based on the accommodation actually
costs incurred for persons used for teaching purposes within the meaning of § 43.
Section 56. The more detailed provisions on the federal cost reimbursements provided for in Section 55 are published by
Medical universities or universities where a medical faculty is established, from
Federal Minister of Science, Research and Economy in agreement with the Federal Minister for
Finances are determined by ordinance after consulting the relevant state government.
Federal Health Agency
Section 56a. To perform the tasks according to § 26 of the Health Target Control Act and the
Tasks within the meaning of the following provisions of this law are for the healthcare sector
responsible federal ministry, the federal health agency as a fund with its own legal personality
to set up.
Government grants
Section 57. (1) The Confederation has the following annual funds for the Federal Health Agency in accordance with Section 56a
Financing of public hospitals in accordance with § 2 paragraph 1 lines 1 and 2 with the exception of the
Nursing departments in public hospitals for psychiatry and private hospitals in § 2
Paragraph 1 (1) to be granted to the type designated as non-profit-making hospitals in accordance with Section 16:
1. 0.453115% of the net revenue from the levies with a uniform key (Section 10 (1)
FAG 2017) and
2. 0.411633% of the net revenue from the levies with a uniform key (Section 10 (1)
FAG 2017).
(2) The Confederation has borne the costs resulting from the refraining from a contribution to costs in accordance with Section 27a (7)
and § 447f Z 4 ASVG result to participate with an amount of five million euros annually
and transfer this amount to the Federal Health Agency by April 13th. The
The Federal Health Agency has these funds according to the population in accordance with Section 10 (7) FAG 2017, whereby
the corresponding hundred sentences to three decimal places are to be calculated commercially, the
To be transferred on April 20 each year.
(3) The umbrella organization of social insurance institutions pays for the account of those summarized in it
Social insurance funds to the Federal Health Agency in accordance with § 56a annually in the amount of
83,573,759.29 euros.
(4) The Federal Health Agency provides the State Health Fund with funding for the purposes of Paragraph 1
mentioned hospitals annually the following contributions:
1.Means in accordance with paragraph 1 line 1 or paragraph 2 line 1,
2. 9.29% of the funds in accordance with paragraph 1 line 2 or paragraph 2 line 2,
3. 2.87% of the funds in accordance with paragraph 1 line 2 or paragraph 2 line 2,
4.83,573,759.29 euros according to paragraph 3,
5. 49.14% of the funds in accordance with paragraph 1 line 2 or paragraph 2 line 2 in accordance with § 59c and after deduction of
Funding for transplantation, project funding and funding
Planning, funds for essential preventive programs and treatment measures by
of national importance, any funds for ELGA and any funds for institutional care in the
Foreign countries,
6. 38.70% of the funds in accordance with paragraph 1 line 2 or paragraph 2 line 2.
Section 58. (1) The funds pursuant to Section 57 (4) (1) are effective January 1, 2008 for the respective
Budget year in monthly advances, the amount of which depends on the provisions on the calculation of the
Advances on the revenue shares of the federal states for 2008 in sales tax or for the years from
2009 to the levies with a uniform key to the Federal Health Agency one week before
the statutory dates of advance payments on the earnings shares of the federal states in the
to transfer community federal taxes. Until the shares are determined in accordance with Section 57 (2) (1)
preliminary values ​​based on a current forecast. The interim settlement and the
have final settlement as part of the settlement of the advances on the share of earnings in the
Community federal taxes in accordance with § 12 Abs. 1 FAG 2008, BGBl. I № 103/2007, or the to
Instead of this provision in the currently applicable version. This creates
Excess benefits or credit from the Federal Health Agency must be balanced.
(2) The funds pursuant to Section 57 (4) lines 2 and 3 are in four equal amounts one week before
to be transferred to the Federal Health Agency at the end of each calendar quarter.
(3) The funds pursuant to Section 57 (4) (4) are to be paid in four equal amounts on March 25, June 25,
To be transferred to the Federal Health Agency on September 25 and December 25.
(4) The funds pursuant to Section 57 (4) lines 5 and 6 are in four equal installments each on April 15,
To be transferred to the Federal Health Agency on July 15, October 15 and January 15 of the following year.
(5) From 2009, the funds are to be paid in advance in accordance with Section 57 (4) 2, 3, 5 and 6. The
The amount of the partial amounts is based on the latest forecast of the development of the income
levies with a single key; if the actual development of revenue is significant
If you expect a deviation from this forecast, the last partial amount can be adjusted accordingly.
The interim settlement and the final settlement are part of the settlement of the advances
on the share of earnings in the joint federal levies in accordance with Section 12 (1) FAG 2008, Federal Law Gazette I
No. 103/2007, or the standard that replaces this provision in the currently applicable version
respectively. The resulting surpluses or credits from the Federal Health Agency are
compensate.
Section 59. (1) The funds pursuant to Section 57 (4) lines 1 and 2 apply to the State Health Fund according to the following
Split hundreds ratio:
Burgenland 2,572
Carinthia 6,897
Lower Austria 14,451
Upper Austria 13,692
Salzburg 6,429
Styria 12,884
Tyrol 7,982
Vorarlberg 3,717
Vienna 31.376
(2) The funds pursuant to Section 57 (4) (1) are effective from January 1, 2008 for the respective budget year
monthly advances, the amount of which depends on the provisions on the calculation of advances
on the revenue shares of the federal states for 2008 in sales tax or for the years from 2009 in
Levies with a uniform key are addressed to the state health fund on the statutory dates
of the advance payments to the federal states' share of income in the federal federal levies
transfer. Until the shares are determined in accordance with Section 57 (2) (1), provisional values ​​are based on a
current forecast. The interim settlement and the final settlement have in
As part of the settlement of advances on the share of income in the federal federal levies
according to § 12 Abs. 1 FAG 2008, BGBl. I № 103/2007, or the one which replaces this regulation
Standard in the currently applicable version. The resulting surpluses or credit of the
State health funds must be balanced.
(3) The funds pursuant to Section 57 (4) (2) are in four equal amounts at the end of each
To transfer the calendar quarter to the state health fund.
(4) The funds pursuant to Section 57 (4) nos. 3 and 4 are due to the State Health Fund according to the following
Split hundreds ratio:
Burgenland 2,559
Carinthia 6,867
Lower Austria 14.406
Upper Austria 13,677
Salzburg 6,443
Styria 12,869
Tyrol 8.006
Vorarlberg 3,708
Vienna 31,465
(5) The funds pursuant to Section 57 (4) 3 and 4 are in four equal amounts at the end of each
to be transferred to the National Health Fund in each quarter.
(6) The funds of the Federal Health Agency in accordance with Section 57 (4) 5 are in accordance with the following
Split provisions:
1. First, advance shares are to be deducted annually and distributed as follows:
a) EUR 3.63 million for the Upper Austria State Health Fund
b) 4.36 million euros for the State Health Fund of Styria
c) EUR 3.63 million for the Tyrol State Health Fund.
2. Then are
a) 3.4 million euros a year to promote transplantation,
b) 5 million euros annually to finance projects and plans as well as to compensate for
Services provided by Gesundheit Österreich GmbH for the Federal Health Agency
become,
c) EUR 3.5 million annually to finance further projects and planning within the meaning of lit. a and
for essential health promotion and prevention programs and treatment measures
of national importance, their use in agreement with the countries and the
Social security is established
d) EUR 10 million annually to finance national projects in accordance with Section 59g and later
In accordance with corresponding decisions of the Federal Target Steering Committee and
e) 13.667 million euros (for the period 2017 to 2020) to finance ELGA as required
corresponding decisions of the Federal Target Steering Committee
withhold and in accordance with §§ 59d to 59g or in accordance with the decisions of the Federal
To use target steering commission.
3. Of the funds remaining after the deductions pursuant to item 2, any further funds are for institutional care
to deduct funds to be spent abroad annually and in accordance with Art. 44 Para
Agreement concluded in 2017 according to Art. 15a B-VG on organization and financing
health care use.
4. The remaining funds after the deductions according to Z 2 and 3 are according to the number of people
according to the Austrian Statistics on the basis of the regular 2001 census
The determined result is determined, with the corresponding hundreds in three decimal places
are to be calculated in a commercially rounded manner to the State Health Fund in accordance with Section 59c
transfer.
5. To the extent of the state quotas in accordance with No. 4, the property income of the Federal Health Agency
and at most funds not used in a financial year to promote the
Transplantation, for projects and planning as well as for essential preventive programs and
Treatment measures of national importance and for the financing of the ELGA
to be allocated to individual state health funds.
(7) The funds in accordance with paragraph 6 nos. 1 and 4 are in four equal amounts on April 20, July 20,
October 20 and January 20 of the following year, with the first installment due on April 20, 2008 to the
To be transferred to the State Health Fund if the requirements of Section 59c are met.
(8) The funds of the Federal Health Agency in accordance with Section 57 (4) (6) are as follows
Split provisions:
1. First, advance shares are to be deducted annually and distributed as follows:
a) EUR 2 million for the Lower Austria State Health Fund
b) EUR 2 million for the Upper Austria State Health Fund
c) EUR 2 million for the Salzburg State Health Fund
d) 14 million euros for the Tyrol State Health Fund.
2. Half of the funds remaining after the deductions pursuant to Z 1 are the same as those due to the
2001 census to three decimal places, commercially calculated percentages and to
Half to the State Health Fund using the following overall key
transfer:
Burgenland 2,187
Carinthia 7,544
Lower Austria 16,062
Upper Austria 18,348
Salzburg 6,291
Styria 13,663
Tyrol 9,371
Vorarlberg 3,498
Vienna 23,036
(9) The funds in accordance with paragraph 8 nos. 1 and 2 are in four equal amounts on April 20, July 20,
October 20 and January 20 of the following year, with the first installment due on April 20, 2008 to the
To transfer state health fund.
(10) From 2009, the funds pursuant to Section 57 (4) 2, 3, 5 and 6 - with the exception of
Advance shares pursuant to Paragraph 6 No. 1 and Paragraph 8 No. 1 - in advance to the State Health Fund
transfer. The amount of the partial amounts depends on the latest forecast of the development of the
Revenue from levies with a single key; if the actual development of revenue
the last partial amount can be expected to differ significantly from this forecast
be adjusted. The interim settlement and the final settlement took place within the framework of the
Settlement of advances on the share of earnings in the joint federal levies in accordance with § 12
Paragraph 1 FAG 2008, Federal Law Gazette I № 103/2007, or the standard that replaces this provision in the
applicable version. The resulting surpluses or credit of the
State health funds must be balanced.
Section 59a. The Federal Health Agency's tasks are:
(1) The Federal Health Agency has within the framework of partnership-based targeting health
Planning, controlling and financing the health care system in Austria the tasks according to § 27
Paragraph 4 of the Health Target Control Act, taking into account the overall economic impact
as well as regional and country-specific requirements.
(2) When performing the tasks, the Federal Health Agency must pay particular attention to:
that a high quality, e ff ective and e ffi cient, all freely accessible and equivalent
Health care in Austria ensured and the affordability of the Austrian
Health care taking into account the fi nancial framework and possible
Cost savings is secured.
Section 59b. Federal organs and agents of the Federal Health Agency can join the
Medical histories and the documents relating to the management of the hospitals
as well as surveys on the operational organization and operational procedures of the hospitals
carry out, insofar as this is necessary to perform the tasks incumbent on them and if so
are fund hospitals.
Section 59c. In the event of significant violations of defined plans (e.g. ÖSG) and requirements in the
Connection with quality or documentation (e.g. the federal law on documentation
in health care, BGBl. № 745/1996, in the currently applicable version)
Federal Health Agency the corresponding country share of the funds in accordance with § 57 Paragraph 4 No. 5
withheld until the country or the State Health Fund has demonstrated that it can produce the
Has set the necessary measures in accordance with this agreement in a corresponding state.
Section 59d. (1) The Federal Health Agency has the funds to promote the transplantation system (Section 59
6 no. 2 lit. a) To achieve the following goals:
1. In the area of ​​organ donation, there is continuity in the volume of donors
ensure a high level. In addition, there is an increase in the number of organ donors
to strive for (about 30 organ donors per million inhabitants).
2. In the area of ​​stem cell transplantation, it must be ensured that donors in
sufficient number are registered and available. The procedure as well as the
Cooperation between all participating institutions for donors and
Patients must be as safe and effective as possible. Determining if that
national donor volume is to be regarded as sufficient, is the responsibility of the GÖG
Transplant Advisory Board (stem cell donation area).
(2) The Federal Health Agency has the funds to promote the transplantation system (Section 59 (6)
Z 2 lit. a) to the service providers
1. for the area of ​​organ donation and
2. the area of ​​stem cell donation
to distribute according to paragraphs 3 to 5.
(3) The funds for the promotion of the transplantation system (section 59 (6) (2) a) are required to achieve
Paragraph 1 to use according to the following provisions:
1. In the area of ​​organ donation, the following measures must be carried out in particular:
a) Dedicated, flat-rate funding to the donor hospitals or the
department concerned;
b) Establishment and administration of "regional transplant consultants" or regional
Funding programs, with the central task of contacting the
Intensive care units to increase willingness to report donors;
c) Dedicated, flat-rate funding for the use of transplant coordinators in
the transplant centers;
d) Promotion of the establishment of mobile brain death diagnosis teams and appropriate measures in the
Area of ​​nationwide provision of brain death diagnostics that reflect the current state of science
corresponds;
e) promotion of transports related to organ harvesting;
f) Funds to cover the expenses of GÖG / ÖBIG-Transplant (area organ donation).
2. In the area of ​​stem cell donation, the following measures must be carried out in particular:
a) Promotion of HLA typing. The number of HLA typings to be promoted annually as well
their distribution among the suitable service providers is given annually in advance
Expert proposal from the GÖG transplant advisory board (area stem cell donation) to be determined;
b) promoting the search and support of stem cell donors;
c) Funds to cover the expenses of GÖG / ÖBIG-Transplant (area
Stem cell donation).
3. The sponsor can, on the proposal of the Transplantation Advisory Board set up in the GÖG (for
the respective area) decide, the funds also for other than those under
Z 1 and 2 measures to use.
4. The contribution payments must be settled by June 30 of the following year.
Any funds that are not exhausted are more orderly according to the number of people
Transfer 2001 census to the individual state health funds.
(4) In the Federal Target Steering Committee, guidelines on the use of funds for
Promotion of transplantation adopted.
(5) The annual use of funds is to be documented in an annual statement and with regard to the
Evaluate efficiency.
Section 59e. (1) To finance further projects and plans and to promote essential ones
Health promotion and preventive programs as well as treatment measures with national
Significance, especially with reference to the framework health goals, can be of the
Federal Health Agency can use a maximum of 3.5 million euros annually.
(2) The funded measures have been adopted by the Federal Target Steering Committee
agreed principles of the allocation of funds and the allocation and quality criteria of the "Strategy for
Use of pension funds ”. Furthermore, supplementary
Target steering committee to adhere to the guidelines that have been adopted. The measures have implemented the
Serve framework health goals.
(3) The use of the funds in accordance with paragraph 1 is specified in the Federal Target Steering Committee.
(4) The contribution payments must be settled by June 30 of the following year.
At most, funds that have not been exhausted are in accordance with the population in the 2001 census
to be transferred to the individual state health funds.
§ 59f. On the use of funds for the financing of projects and planning in accordance with Section 59 Paragraph 6 No. 2
lit. b The amount to be retained (max. 5 million euros) is decided by the Federal Health Agency.
Section 59g. (1) The Federal Health Agency has the funds in accordance with Section 59 (6) (2) lit. d to finance
Use projects to build up supraregional supply offers for the following purposes:
1. Projects to build up new supraregional supply offers, such as B.
a) Isolation units for highly contagious life-threatening diseases (HKLE, e.g. Ebola)
b) Expertise centers for selected groups of rare diseases
c) new services within the framework of supraregional care planning (ÜRVP according to ÖSG,
z. B. Severe burn injuries care)
2. Raise the share of the federal states in the financing of projects to build up trans-regional
required infrastructure, unless special financing rules have already been agreed, such as
z. B.
a) Telephone and web-based first contact and advisory service (TEWEB)
b) other telehealth services
3. Finding the share of the federal states in the financing of implementation services
Molecular genetic analysis to identify families with inherited breast and ovarian cancer
(BRCA 1,2) including human genetic advice from centers for human genetics
4. Finding the share of countries in the financing of medicines in the event of a joint
agreed cross-sectoral and / or national financing solution
(2) The funds in these projects serve in particular to cover the financing requirements for
following funding content:
1. Start-up financing for new projects (e.g. one-off investment costs for creation
necessary infrastructure - HKLE, TEWEB)
2. Financing the additional effort compared to the status quo (e.g. incurred effort for
Hospital institution in the event of an HKLE case)
3. Financing the country share for services in accordance with paragraph 1 nos. 2 to 4
(3) Applications for the projects in accordance with paragraph 1 lines 1 and 2 can be submitted by the target steering partners in the
Federal Target Steering Committee. These requests have a description of the
concrete project and its financing requirements according to Paragraph 2 with regard to start-up financing and
To include additional effort compared to the previous supply situation.
(4) The Federal Target Steering Committee establishes principles for the use and the
Decide to settle these dedicated funds. Provided that these projects
in accordance with these principles, the Federal Target Steering Committee provides the appropriate funds for
these plans free.
(5) If the maximum amount of 10 million euros is not exhausted in individual years, see
This difference can be used for a total of up to 20 million euros
The use of funds will be allocated to a reserve in subsequent years. By the end of the term of the
Agreement according to Art. 15a B-VG on the organization and financing of the healthcare system
Funds tied up and not used for specific projects go to the State Health Fund.
§ 59h. Sections 25 to 27 of the Federal Act apply to the organization of the Federal Health Agency
to target-health partnership.
Section 59i. The Federal Health Agency's operations are subject to control by the Court of Auditors.
§ 59j. (1) The Federal Health Agency is with the exception of judicial and judicial administration fees
exempt from all taxes.
(2) Those issued by the Federal Health Agency in the immediate fulfillment of its tasks
Writings and the legal transactions concluded by them are exempt from stamp and legal fees
freed.
(3) The fi nancial services provided by the Federal Health Agency to the State Health Fund and the
Funds in accordance with sections 59d to 59g are not subject to sales tax or income tax and
Capital.
Section 59k. The Federal Minister responsible for health care has at the
In any case, the homepage of the Federal Ministry
1. The current Austrian to be viewed as an objective expert opinion
Structure plan health,
2. the current model of performance-based hospital financing,
3. the current basis for documentation based on the federal law on the
Healthcare Documentation and
4. the current target control contract at federal level in accordance with § 10 Health Target Control Act
to publish.
Main part E.
Sanitary supervision.
Section 60. (1) The district administrative authorities, with the involvement of them as the health authority
added or available medical officers in the hospitals and health resorts of their
compliance with the sanitary regulations based on the first part of this
Federal law were passed to monitor.
(2) Bodies of the locally responsible district administrative authorities are available for monitoring at any time
Hospitals in the form of independent outpatient clinics and health resorts during the operating hours
- also unannounced to all rooms, apparatus, other facilities and facilities of the
To grant access to the hospital or health resort. At their request, these organs are in all documents
To grant insight, which concern the operation of the institution. The inspection organs are too
authorized to make copies and copies of the documents viewed free of charge.
(3) The inspection is, if possible, at the same time as required by other legal provisions
Carry out checks. Existing in the institution fulfilling obligations after others
Legislation obtained, current findings and expert opinions are as far as possible
consider.
(4) Paragraph 2 does not apply to hospitals operating as independent outpatient clinics, provided that they are
a regular inspection by the Austrian Society for Quality Assurance &
Quality management in medicine or a comparable monitoring body in agreement with
the Federal Minister of Health accredited institution, regarding dental outpatients by the
Institution for quality assurance according to § 50 of the Chamber of Dentists Act (ZÄKG), Federal Law Gazette I № 154/2005,
last amended by Federal Law BGBl. I No. 57/2009, and undergo this review
1. to comply with the sanitary regulations based on the first part of this
Federal law were adopted,
2. taking into account relevant guidelines and guidelines according to the Health Quality Act,
BGBl. I No. 179/2004, and
3. the recommendations according to § 118b Paragraph 8 of the Physicians Act 1998, Federal Law Gazette I № 169, last amended by the
Federal Law BGBl. I № 61/2010, regarding tooth outpatients of the quality assurance regulation
according to § 52 ZÄKG.
Independent outpatient clinics have this form of verification on presentation of the relevant contract
with the Austrian Society for Quality Assurance & Quality Management in Medicine or the
accredited monitoring body, with regard to dental outpatients with the facility for quality assurance
according to § 50 ZÄKG, to report to the locally responsible district administrative authority and the
Submit review reports, including review of drug inventory
according to § 20 paragraph 2.
(5) If a district administrative authority becomes aware that in a hospital or
Sanitary regulations within the meaning of para. 1 are violated or
they have to inform the governor immediately. According to the
District administrative authority to become known circumstances that a threat to the
Given the life or health of nurses to a hospital or spa guests to a health resort
, she must immediately inspect the hospital or health resort in accordance with paragraph 2
and to report to the governor of it.
(6) At the request of the Federal Minister for Health and Women, Einschau is an employee of the
Federal Ministry of Health and Women or an expert appointed by the latter
call in.
(7) In the case of cross-border cooperation (Section 3b), the organs of sanitary supervision also check
Request from the respective foreign authority whether measures of sanitary supervision are to be implemented.
Insofar as this is necessary due to specific circumstances, we also apply to cross-border
Cooperation between the authorities responsible for sanitary supervision and the competent foreign authorities
Authorities to make requests to take measures that correspond to the sanitary supervision, as well as from
to be informed of their result.
Section 61. If sanitary regulations within the meaning of section 60 (1) are used in a hospital or health resort
injured, the governor has the legal entity with the earliest remedy of the grievances with notice
apply. In the event of repetition and when such health issues that cannot be remedied otherwise
Abuses exist that the hospital or health resort meet the requirements of health care
the governor can no longer partially or completely continue the business
prohibit a hospital or health resort.
Section 62. (1) Anyone who prevents or impairs official acts within the meaning of Section 60 (2) commits, if
the act does not constitute an offense falling within the jurisdiction of the courts, one
Administrative violation and can be punished with a fine of up to € 7,000.
(2) The attempt is punishable.
Main piece F
consumer protection
Section 62a. A nurse has his contract declaration during his stay in the hospital
submitted, it is ineffective if it was submitted in such circumstances that a withdrawal
Justify in accordance with Section 3 of the Consumer Protection Act, Federal Law Gazette No. 149/1979, as amended.
Section 62b. If a bed-leading hospital in accordance with Section 3 (2a) or an independent one
Outpatient clinic in accordance with section 3a (4) provides reimbursable benefits
In this regard, treatment contracts concluded with regard to the fee are null and void
Evidence of the use of the service must be demonstrated. The same applies if a hospital uses the
approved range of services provides services.
Section 62c. (1) Facilities for collecting and dispensing breast milk may only be used in the areas listed in § 8g
mentioned hospitals.
(2) Anyone outside the hospitals mentioned in § 8g has a facility for collecting and for
Provides or operates the supply of breast milk, unless the act constitutes an offense in the
Jurisdiction of the criminal offense forms, constitutes an administrative offense and is with
Fine up to € 7,000.
III. PART.
Final and transitional provisions.
Section 63. (1) Rights to manage public hospitals as well as permits and permits,
granted or issued to legal entities of hospitals on the basis of previously applicable regulations
have not been affected by the provisions of this federal law.
(2) Have private hospitals been operated on a charitable basis up to now and
they meet the requirements of section 16 (1) lit. a to f, they are still nonprofit
To consider hospitals within the meaning of Section 16.
(3) The provisions of this federal law make the provisions of the general
Social Insurance Act (ASVG.), In particular §§ 23 to 25, 31, 144 to inclusive
including 149, 189, 301, 338, 339 and 534, insofar as these regulate the hospital system
Regulations are included, not affected.
Section 64. The legal entities of public hospitals are responsible for all within the scope of this
Federal law, entries, supplements, written copies and legal documents of
exempt from stamp and legal fees. The cost contributions to be paid by the carers (Section 27a)
are not a fee in the sense of the sales tax law. The state health funds are of everyone
Exempt from federal law levies with the exception of judicial and judicial administration fees.
Section 64a. As far as only male names in this federal law for personal names
Forms are listed, they refer to women and men in the same way.
Section 65. (1) This federal law acts in relation to the federal states for implementing legislation
the day of the announcement, otherwise in each federal state at the same time as that in the subject
Federal law enacted in force.
(2) The federal states' implementing laws on those contained in the first part of this federal law
Basic law provisions are within one year from the day of publication
Federal law to be enacted (Art. 15 para. 6 of the Federal Constitutional Act in the version
from 1929).
(3) It must be stated in the state laws to be implemented for the implementation of this federal law that
the other state laws in force in the field of hospital care
To get picked up.
(4) The state legislation has implementing provisions for § 2 Paragraph 2 lit. d within one year,
from the date of publication of this federal law.
(4a) The state legislature has the implementing provisions for § 8f within six months
adopted. It must be ensured that existing blood deposits meet the requirements at the latest
Meet November 8, 2005.
(4b) Section 3 (2) lit. a and paragraphs 5 to 7 in the version of the Federal Law BGBl. I № 155/2005 also comes into effect
Effective January 1, 2006. The state legislation has the implementing provisions for § 3 Para. 2 lit. a and
Paragraphs 6 and 7 in the version of the Federal Law Gazette I No. 155/2005 to be adopted within six months.
(4c) The state legislation has the implementing provisions for § 2a Paragraph 3, § 3b, § 6 Paragraph 1 lit. e,
Section 8 (4) and (4a), Section 10 (1) (7), Section 11a (3), Section 19 (1) and Section 38a (3) in the version of the
Federal Law BGBl. I No. 122/2006 within six months.
(4d) The state legislation has the implementing provisions for § 10 Paragraph 1 No. 6 in the version of the
Federal Law BGBl. I No. 49/2008 within six months.
(4e) The state legislation has the implementing provisions for § 2 Paragraph 1, § 2a Paragraph 1 lit. b, § 3
4 lit. e, § 7 paragraph 1, § 7a, § 7b, § 8 paragraph 1 introductory sentence, § 8 paragraph 1 line 7, § 8 paragraph 2, § 8a paragraph 1, § 8c
Paragraphs 1, 2, 3, 3a, 4, 4a, 5a, 6a and 7, § 10 Paragraph 1 No. 2 lit. a, section 10 subsection 1 no.4, section 10 subsection 3 subsection 1, section 10 subsection 5, section 21
Paragraph 1, Section 24 Paragraph 2, Section 24 Paragraph 4, Section 25 Paragraph 1, Section 26 Paragraph 1 No. 4, Section 27a Paragraphs 1, 3, 5 and 6 and Section 38e in the
Version of the Federal Law BGBl. I No. 124/2009 to be adopted within six months.
(4f) The state legislation has the implementing provisions for § 2a Paragraph 4, § 5a Paragraphs 2 and 3 together
Heading to Section 5a, Section 8 (1) 3, Section 8c (1), Section 8c (4) 8, Section 8e including the heading, Section 24 (3), Section 27a
Paragraph 1, Paragraph 3 and Paragraph 5 and Section 38a Paragraph 3 as amended by Federal Law BGBl. I No. 69/2011 within
to be adopted by eight months.
(4g) The state legislation has the implementing provisions for § 2a para. 1 lit. a and b as well
Paragraphs 3 to 5, Section 2b, Section 2c, Section 5b Section 1 and 6, Section 6 Section 1, 2 and 7, Section 8 Section 1, Section 10a Section 2 Z 4 and 6 and
Paragraphs 3 to 5, Section 18 Paragraph 2 and Section 40 Paragraph 1 lit. c and d in the version of the Federal Law BGBl. I
No. 147/2011 to be adopted within six months.
(4h) (basic provision) The state legislation must provide that the before January 1st, 2012
Departments of trauma surgery set up within departments for surgery until December 31
2015 in satellite departments according to § 2a Abs. 5 Z 1 lit. a are to be converted.
(4i) (basic provision) The state legislation must provide that the before 1 January 2012
Departments of Oral, Maxillofacial and Oral Surgery established within the Department of Surgery
Facial surgery must be converted into specialist areas according to Section 2a (5) (2) by December 31, 2015.
(4j) The state legislature has the implementing provisions for sections 1, 2b (2) 3, 3e, 3f and 6
Paragraph 6 in the version of the Federal Law BGBl. I No. 108/2012 within six months.
(4k) The state legislation has the implementing provisions for § 4 Paragraph 2, § 5a Paragraphs 4 and 5, § 10
Paragraph 1 No. 4a, Section 29 Paragraph 1a and Section 1b, Section 39 Paragraph 3 and Section 40 Paragraph 3 in the version of the Federal Act
Federal Law Gazette I No. 32/2014 to be adopted within six months.
(5) With the exercise of the rights of the Federation in accordance with Article 15 Paragraph 8 B-VG with regard to the first
The Federal Minister for Health and Women is responsible in part.
(6) The exercise of the rights of the Federation in accordance with Art. 15 Para. 8 B-VG with regard to § 27a in the
The Federal Minister for Health and Women is entitled to the version of the Federal Law BGBl. I No. 156/2004.
(7) Section 8 (3) in the version of the Federal Law BGBl. I № 59/2017 comes into force on July 1, 2018. The
State legislation has the implementing provision for Section 8 (3) in the version of the Federal Law
Federal Law Gazette I No. 59/2017 to be adopted within six months.
Section 65a. (1) The state legislature has the implementing provisions for the changes in Section 2 (1)
Z 5 and § 2 para. 2 lit. d, § 2 para. 2 lit. e, § 2 para. 3, the heading before § 3, § 3 para. 1, para. 2 lit. a, paragraph 2a,
Paragraph 2b, Paragraph 2c, Paragraph 3, Paragraph 4 lit. a, para. 4 lit. e, para. 4 lit. f, paragraph 5, paragraph 6, paragraph 7, §§ 3a, 3b, 3c, and 3d,
the changes in § 5, § 5c, § 8a (5), § 8d, § 10a (1) and (2) and § 40 (1) lit.e in the version of the
Federal Law BGBl. I No. 61/2010 within six months.
(2) (Basic provision) The state legislation must provide that in any case procedures for
Establishment of a bed-leading hospital or an independent outpatient clinic, which from
March 1, 2011, are to be carried out or continued according to the legal situation arising from the
corresponding state execution laws in the execution of the Federal Law BGBl. I No. 61/2010 results.
(3) (basic provision) institution of hospitals for which, at the time of entry into force
Federal law in the version of the federal law, Federal Law Gazette I № 61/2010 a legally binding
Operating license exists and which are obliged to take out liability insurance in accordance with § 5c,
have this obligation within one year after the entry into force of this federal law in the
Version of the Federal Law BGBl. I № 61/2010 and the state government
demonstrated.
(4) The state legislation has the implementing provisions for § 2 Paragraph 1 No. 6, § 2 Paragraph 2 lit. f, § 2
Paragraph 4, Section 2a Paragraph 2, Section 2a Paragraph 5 No. 1, Section 2b Paragraph 2 Section 1, Section 3 Paragraphs 1 and 6, Section 3a Paragraphs 1, 5 and 8, Section 3b Paragraph 2, § 3c,
Section 4 (2), Section 5b (4), Section 6 (1) lit. i and para. 4, § 6a para. 2, § 7 para. 4a, § 7b para. 2, § 8 para. 1 no. 2 and
Paragraph 8, Paragraph 8c Paragraph 8, Paragraph 8g including the heading, Paragraph 10 Paragraph 1 Paragraph 3, Paragraph 10a Paragraph 4, Paragraph 19a Paragraph 3 Paragraph 4, Paragraph 26 Paragraph 1 Paragraph 5 and
to the main piece G in the version of the Federal Law BGBl. I № 3/2016 within six months
adopted.
Section 65b. (1) The state legislation has the implementing provisions for the changes in § 3
Para. 2a, § 3a para. 4, § 5a para. 1 no. 2, § 5b para. 6, § 10a para. 1, § 19a para. 3 and § 27b para. 5 in the
Version of Federal Law BGBl. I No. 81/2013 to be adopted within six months.
(2) Sections 56a, 59, 59a, 59c, 59e, 59g and 59j in the version of the Federal Law BGBl. I № 81/2013
take effect on January 1, 2013.
(3) The assets of the federal law to adapt legislation to the
Agreement according to Art. 15a B-VG on the organization and financing of health care for the
Years 2008 to 2013, Federal Law Gazette I № 101/2007, Federal Health Agency established with all rights
and liabilities to the federal health agency to be established under this law.
(4) The state legislature has the implementing provisions for the changes in section 2a (1),
Paragraph 3 and Paragraph 4, Section 3 Paragraph 2, Paragraph 2b, Paragraph 3a, Section 3a Paragraph 2 and Paragraph 3a, Section 10a Paragraph 1, Section 18 Paragraph 2 and Section 27a
7 in the version of the Federal Law BGBl. I № 26/2017 within six months.
The state legislation has the implementing provisions for the changes in § 27a retrospectively
To enter into force on 1st January 2017.
(5) (Basic provision) The state legislation must provide that the before 1 January 2017
existing standard hospitals of basic care according to § 2a paragraph 4 in the version of the
Federal Law BGBl. I № 3/2016 to January 1, 2020 in standard hospitals according to § 2a para. 1 lit. a
are to be converted.
(6) Sections 56a, 57 paragraphs 1 and 2, 59, 59a, 59d, 59e, 59g to 59k and 67 paragraph 2 lines 4 and 5 in the version
of Federal Law BGBl. I No. 26/2017 take effect on January 1, 2017.
(7) The assets of the Federal Health Agency established with Federal Law BGBl. I № 81/2013
goes with all rights and liabilities to those to be established under this law
Federal Health Agency on.
(8) The state legislature has the implementing provisions for the changes in section 3a (2)
last sentence, paragraph 9 penultimate sentence and paragraph 10 in the version of the Federal Law BGBl. I № 131/2017
to be adopted within six months.
(9) Section 5a (2), Section 8a (4) (note: correct: Section 4a), Section 9a and Section 10 (1) (4a) and (5) in the
Version of the 2nd matter data protection adjustment law, Federal Law Gazette I № 37/2018, come into effect on May 25, 2018
Force. The state legislation has to implement the implementing provisions within six months
adopted.
(10) Sections 3 (2a), 3a (4) and 9, 19a (4) (3) and 24 (2) in the version of the
Federal Law BGBl. I № 100/2018 come into force on 1 January 2020. The state legislation has the
Implementing provisions for this to be issued within six months and come into force on 1 January 2020
put.
(11) Section 57 (3) in the version of the Federal Law BGBl. I № 100/2018 comes into effect on January 1, 2020
Force.
(10) The state legislation has the implementing provisions for the changes in § 2a paragraph 3 and
5, § 2b paragraph 2 to 4, § 2c, § 3 paragraph 2d and 4, § 3a paragraph 5, § 3d paragraph 1, § 4 paragraph 1, § 5b paragraph 1, § 6 paragraph 1 and
7, § 8 paragraph 1, § 8a paragraph 6 to 8, § 8e paragraph 8, § 15, § 18 paragraph 1, § 19 paragraph 1, § 24 paragraph 5, § 27b paragraph 3 and 5 .
Section 29 (1a), Section 38d and Section 40 (1) in the version of the Federal Law Gazette I No. 13/2019 within
to adopt six months.
(11) The state legislation must provide that those existing before January 1, 2018
Satellite departments for trauma surgery and departments for plastic, aesthetic and reconstructive
Surgery must be converted into a permissible organizational form by January 1, 2021 at the latest.
Implementation of Union law
Section 65c. This federal law transposes Directive 2011/24 / EU into Austrian law.
§ 66. With the beginning of the application of this federal law, the following regulations, insofar as they still apply
are valid, invalid:
1. the law of February 17, 1864, RGBl. № 22, in relation to the public fees in public
Labor and asylums;
2. the law of May 1, 1869, RGBl. № 58, which determines the deadline after which the
Claims for reimbursement of the costs of general public hospitals to the state funds
go out;
3. the provisions of § 2 lit. b of the law of April 30, 1870, RGBl. № 68, concerning the
Organization of the public health service, insofar as it does not refer to spas and
Refer to Gesundbrunnen, and the provisions of § 4 lit. e of said law;
4. the decree of the k. k. Ministry of the Interior in agreement with the k. k. Ministry of Justice
14 May 1874, RGBl. № 71, with which provisions in relation to the madness are enacted
are, in the version of the Ministerial Ordinance of July 4, 1878, RGBl. No. 87;
5. the enactment of the k. k. Ministry of the Interior of March 2, 1892, Z 14.498 ex 1891, concerns the at
Permits to set up private humanitarian, medical and spa institutions, spas and
Healthy wells of all kinds of principles to be recorded;
6. the law of July 15, 1920, StGBl. № 327, on the establishment, maintenance and operation
public health and care institutions (Hospital Act), in the version of the Federal Act
of February 3, 1923, Federal Law Gazette No. 72;
7. the Federal Law of July 18, 1924, Federal Law Gazette № 255, concerns the administration of the Viennese
Fund hospitals (fund hospitals act);
8. Section C of the First Implementing Order for XVII. Ordinance for the introduction of tax law
Regulations in Austria, RMBliV No. 34/1939, p. 1727.
§ 67. (1) With the exercise of the rights of the Federation according to Art. 15 Para. 8 B-VG with regard to the
The first part and matters contained in § 63a of this Federal Act is the Federal Minister for
social security and generations entrusted.
(2) With completion
1. §§ 43 and 44 is the Federal Minister for Science, Research and Economy,
2. §§ 46, 55 and 56 is the Federal Minister of Science, Research and Economy in the
Agreement with the Federal Minister of Finance,
3. §§ 48 and 50 is the Federal Minister of Justice,
4. §§ 56a to 59i is the Federal Minister for Health and Women in
Agreement with the Federal Minister of Finance,
5. §§ 59j and 64 is the Federal Minister of Finance and
6. is the Federal Minister for Health and Women with regard to the second part
entrusted.
article 1
Amendment to the Hospital Law
(Note: from BGBl. I No. 5/2001, to §§ 2a, 3, 4, 5b, 7, 7a, 8, 10, 10a, 11, 16, 17, 19, 21, 22, 27, 27a, 27b,
28, 29, 30, 32, 34, 35, 42, 56a, 57 to 59i, Federal Law Gazette No. 1/1957)
(Note: 1st - 4th titles concern the changes to the Hospital Law)
5. Title
(1) The assets of the Structural Funds established with the 1996 KAG amendment, Federal Law Gazette No. 751/1996, go
with all rights and liabilities on those established with §§ 56a ff of this Federal Act
Structural Funds over. Decisions of those established with the 1996 KAG amendment, Federal Law Gazette № 751/1996
The Structural Commission (Section 59g) and the rights and liabilities derived therefrom remain in effect provided the
nothing to the contrary, in accordance with Section 59f (1) of this Federal Structural Commission
decides.
(2) The state legislation has the implementing provisions for the 1st title within six
Months and to come into force on 1st January 2001.
(3) The state legislation has the implementing provisions for the third title within one year
adopted.
(4) The exercise of federal rights in accordance with Art. 15 Para. 8 B-VG with regard to the 1st and 3rd titles
is entitled to the Federal Minister for Social Security and Generations.
(5) The second title comes into force on January 1, 2001.
(6) At the end of December 31, 2004,
1. Title Z 3 to 5, 11, 13 to 15 and 20 to 29 and
2.Title Z 1 to 7.
(7) 3rd and 4th titles come into force on 1st January 2005.
(8) With the completion of the 2nd and 4th titles is the Federal Minister for Social Security and Generations
entrusted.
article 1
Federal law amending the federal law on hospitals and health resorts
(KAKuG amendment 2005)
(Note: from BGBl. I No. 179/2004, on §§ 2a, 3, 4, 10, 10a, 11, 16, 24, 26, 27, 27b, 28 - 30, 32, 34, 35 and
42, Federal Law Gazette No. 1/1957)
The Federal Law on Hospitals and Health Centers, Federal Law Gazette № 1/1957, last amended by
Federal Law BGBl. I No. 35/2004 is amended as follows:
(Note: 1st and 2nd titles relate to the changes to the Hospital and Healthcare Act.)
3rd title
(1) The assets of the Structural Funds established with the KAG amendment 2000, Federal Law Gazette I № 5/2001, go
with all rights and liabilities to those established with §§ 56a ff of this Federal Act
Federal Health Agency on. Resolutions of the KAG amendment 2000, Federal Law Gazette I № 5/2001,
established structural commission (§ 59f) and rights and liabilities derived from it remain
upright, if the one to be set up pursuant to Section 59g (1) of this Federal Act
Federal Health Commission decides otherwise. Until the establishment of the
Federal Health Commission pursuant to Section 59g (1) takes on its tasks with the 2000 KAG amendment,
BGBl. I No. 5/2001, established structural commission true.
(2) The state legislation has the implementing provisions for title 1 in accordance with paragraph 2
to be adopted within six months and to enter into force on January 1, 2005.
(3) Section 27b (2) applies until December 31, 2005 with regard to the LKF control area
Z 2 and 3 in the version of the Federal Law BGBl. I № 5/2001. Until the establishment of
State Health Fund through the federal states, the state funds take on the tasks and functions of
State Health Fund true.
(4) The exercise of the rights of the Confederation in accordance with Art. 15 Para. 8 B-VG with regard to the 1st title is complete
to the Federal Minister of Health and Women.
(5) The second title comes into force on January 1, 2005.
(6) The Federal Minister for Health and Women is responsible for the completion of the second title.
(Note: 1st and 2nd titles relate to the changes to the Hospital and Healthcare Act)
Title 3
(Note: from BGBl. I No. 101/2007, to sections 6, 10a, 19a, 25, 27a, 27b, 57, 58, 59, 59a, 59c, 59d, 59e, 59f,
59g, 62a, 62d, 62e and 62f, BGBl. I No. 1/1957)
(1) The state legislation has the implementing provisions for the 1st title within six
Months and to come into force on 1st January 2008.
(2) The exercise of the rights of the Confederation according to Art. 15 Para. 8 B-VG with regard to the 1st title has been established
to the Federal Minister of Health, Family and Youth.
(3) The second title comes into force on January 1, 2008.
(4) The Federal Minister for Health, Family and Youth is entrusted with the implementation of the second title.
(5) The assets of the KAKuG amendment 2005, Federal Law Gazette I № 179/2004
Federal Health Agency goes with all rights and liabilities on the basis of this law
Federal Health Agency to be established via. Resolutions of the 2005 amendment to the KAKuG, Federal Law Gazette I
№ 179/2004, established Federal Health Commission and rights derived from it and
Liabilities remain in effect provided that the one to be established under this law
Federal Health Commission decides otherwise.
(6) An appointed member of the KAKuG amendment 2005, Federal Law Gazette I № 179/2004
The Federal Health Commission has been a member of the body to be set up on the basis of this law
Federal Health Commission until another member is appointed for it.
(7) On a claim for recourse by the Federal Health Agency against members of the
The Federal Health Commission is the Employee Liability Act (BGBl. № 80/1965 as amended by BGBl.
No. 169/1983) apply accordingly.
Article II
(Note from BGBl. No. 732/1995, to § 2, BGBl. No. 1/1957)
The federal states have the implementing provisions for Art. I of the Federal Law Gazette No. 732/1995
to be issued within a year.
Article II
(Note: from BGBl. No. 157/1990, to §§ 37, 38, 38a, 38b, 38c, 38e, 38f and 41, BGBl. No. 1/1957)
(1) The federal states must enact the implementing laws for Art. I Section 1 within one year.
(2) With the exercise of the rights of the Federation pursuant to Art. 15 Para. 8 B-VG, Art. I No. 1 to
4 entrusted to the Federal Chancellor.
(3) Article I Section 2 comes into force on January 1, 1991.
Article 2
(Note: from BGBl. I No. 90/2002, to §§ 8c, 19a, 27a, 29 and 40, BGBl. No. 1/1957)
(1) The state legislature has the implementing provisions for Article 1 within six
Months to adopt.
(2) The exercise of the rights of the Federation in accordance with Art. 15 Para. 8 B-VG with regard to Article 1
is entitled to the Federal Minister for Social Security and Generations.
(3) The state legislation must provide for assessments by the ethics committees that are to
Date of entry into force of the implementing provisions of this Act are pending
Ethics committees are to be completed in their previous composition.
(Note: 1st and 2nd titles relate to the changes to the Hospital and Healthcare Act)
Title 3
(Note: from BGBl. I No. 35/2004, §§ 2a, 3a, 5b, 6, 6a, 7a, 8, 8c, 8e, 19a, 24 and 40, BGBl. No. 1/1957)
(1) Section 3a, second sentence, as amended by Federal Law Gazette I No. 35/2004, comes into force on January 1, 2007.
(2) The state legislation has the implementing provisions for the 1st title within six
Months to adopt. The implementing provisions for items 8, 9, 10 and 11 of title 1 are in May 1, 2004
To put strength. At this time, pending proceedings before ethics committees are postponed until then
to continue the applicable legal situation.
(3) The exercise of the rights of the Confederation according to Art. 15 Para. 8 B-VG with regard to the 1st title has been completed
to the Federal Minister of Health and Women.
(4) With the completion of the 2nd title is
1. with regard to Z 22 and 23 of the Federal Minister for Health and Women,
2. regarding the Z 24 of the Federal Minister for Social Security, Generations and
Consumer protection,
3. with regard to Z 19, 20 and 21 of the Federal Minister of Education, Science and Culture in
Agreement with the Federal Minister of Finance
entrusted.
Article III
(Note: from BGBl. I No. 80/2000, on §§ 2, 6, 8 - 8c, 9, 10, 11a, 11d, 20, 25, 29, 38e and 40, BGBl.
No. 1/1957)
(1) The state legislature has the implementing provisions for Art. I within six months
to enact.
(2) The exercise of the rights of the Federation in accordance with Art. 15 Para. 8 B-VG with regard to Art
Federal Minister for Social Security and Generations.
(3) With completion
1. of Art. II Z 24, insofar as matters of the university clinics are regulated, the
Federal Minister of Education, Science and Culture, otherwise the Federal Minister of Social Affairs
Security and generations,
2. of Art. II Z 25, the Federal Minister for Social Security and Generations is in agreement with
the Federal Minister of Finance,
3. Incidentally, with regard to Art. II, the Federal Minister for Social Security and Generations
entrusted.
Article III
(Note: from Federal Law Gazette No. 801/1993, for sections 1, 3a, 5a, 5b, 6a, 7, 8a, 8c, 8d, 11a - 11e, 13, 18, 22, 23, 26 and
38d, Federal Law Gazette No. 1/1957)
(1) The federal states must enact the implementing laws for Art. 1 within one year.
(2) With regard to Art. I, exercising the rights of the Federation pursuant to Art. 15 Para. 8 B-VG is the
Federal Minister of Health, Sport and Consumer Protection.
(3) The Federal Minister of Science and Research is responsible for the implementation of Art. II No. 43 (§ 46),
of Art. II Z 44 (§ 50) to the Federal Minister of Justice and Art. II Z 45 and 46 (§ 60 and § 62d) the
Federal Minister of Health, Sport and Consumer Protection.
Article IV
Entry into force and enforcement
(from BGBl. No. 745/1998, to § 7a, BGBl. No. 1/1957)
(1) This federal law comes into force on 1 January 1989.
(2) The federal states have to enact implementing laws for Art. II by August 1, 1989.
(3) With the enforcement of this federal law, the Federal Minister for
Science and research entrusted.
(4) With regard to Art. II, exercising the rights of the Federation in accordance with Art. 15 Para. 8 B-VG is the
Chancellor entrusted.
Article IV
Entry into force and enforcement
(from BGBl. I No. 95/1998, to § 24, BGBl. No. 1/1957)
(1) This Federal Act comes into force on July 1, 1998.
(2) The federal states have to enact the implementing laws for Art. III within one year.
(3) The exercise of the rights of the Confederation in accordance with Art. 15 Para. 8 B-VG with regard to Art. III stands
to the Federal Minister of Labor, Health and Social Affairs.
(4) With the implementation of Articles I and II is the Federal Minister of Labor, Health and Social Affairs
entrusted.
Article IV
(from Federal Law Gazette No. 474/1995, to § 28a, Federal Law Gazette No. 1/1957)
(1) The Länder have the implementing laws for Art. I items 1 to 3 and Art. II within six
Months from the date of publication of this federal law. The implementing provisions too
Art. 1 nos. 1 to 3 are to take effect on January 1, 1991. The implementing provisions for Art. II are included
to enter into force on the date of expiry of the agreement referred to in Art. III Para. 2.
(2) With the exercise of the rights of the Federation pursuant to Art. 15 Para. 8 B-VG, Art
to 3 and Art. II entrusted to the Federal Minister of Health and Consumer Protection.
(3) The Federal Minister of Health and
Consumer protection.
Article V
(Note: from Federal Law Gazette No. 751/1995, for §§ 2a, 3, 4, 6, 8, 10, 10a, 11, 12, 15, 16, 19, 27, 27a, 27b, 28, 29 30
32, 34, 35, 36 and 40, Federal Law Gazette No. 1/1957)
(1) The state legislature has the implementing provisions for Art. I, unless Paragraph 1a does not
in other words, to be adopted within six months and to enter into force on January 1, 1997.
(1a) Art. I No. 7 comes into force on the day of publication of the Kankenanstalten-Arbeitszeitgesetz. The
State legislation must issue the implementing provisions within six months.
(2) The state legislature has the implementing provisions for Art. III within one year
adopted.
(3) The exercise of the rights of the Confederation according to Art. 15 Para. 8 B-VG with regard to Art. I and III is in place
to the Federal Minister of Health and Consumer Protection.
(4) Article II comes into force on January 1, 1997.
(5) At the end of December 31, 2000,
- Art. I Z 3 to 5, 8, 10, 11, 14, 16 to 24 and 26 and
- Art. II Z 28 to 31, 33 and 34.
(6) Articles III and IV shall enter into force on January 1, 2001.
(7) With the implementation of Articles II and IV, the Federal Minister of Health and
Consumer protection entrusted. 1
Article VI
(Note: from BGBl. No. 282/1988, to §§ 8b, 9, 20, 28b and 40, BGBl. No. 1/1957)
(1) The Länder have the implementing laws for Art. I, III and V within six months of the day
to issue the announcement of this federal law. The implementing provisions for Art. I Z 21 and
Art. V are effective from January 1st, 1988. The implementation provisions for Art. III are with the
To put into force the date of the expiry of the agreement referred to in Art. IV Para. 2.
(2) With the exercise of the rights of the Federation in accordance with Art. 15 Para. 8 B-VG, the Federal Chancellor is
entrusted.
Article 18
Amendment to the Hospital Law
(Note: from BGBl. I No. 136/2001, to §§ 27a and 28, BGBl. I No. 1/1957)
(Note: 1st - 3rd titles concern the changes to the Hospital Law)
4. Title
(1) The state legislation has the implementing provisions for the 1st title within six
Months and to come into force on 1st January 2002.
(2) The state legislation has the implementing provisions for the third title within one year
adopted.
(3) The exercise of the rights of the Federation in accordance with Art. 15 Para. 8 B-VG with regard to the 1st and 3rd
The Federal Minister for Social Security and Generations is entitled to this title.
(4) The second title comes into force on January 1, 2002.
(5) The 1st and 2nd titles expire on December 31, 2004.
(6) The third title comes into force on January 1, 2005.
(7) With the completion of the 2nd title, the Federal Minister for Social Security and Generations in
In agreement with the Federal Minister of Finance.
Article 21
Amendment to the Hospital Law
(Note: from BGBl. I No. 65/2002, to §§ 42a, 42b, 42c, 42d and 63a, BGBl. No. 1/1957)
The Hospital Act, Federal Law Gazette № 1/1957, last amended by the Federal Laws Federal Law Gazette I
No. 5/2001 and Federal Law Gazette I No. 136/2001 is amended as follows:
Title 1
(Note: the amendment instructions follow)
Title 2
(1) Title 1 comes into effect on January 1, 2002, but not before the announcement of the
Administrative Reform Act 2001, Federal Law Gazette I No. 65/2002, the following day in force.
(2) The federal states have to implement the implementing provisions for Title 1 Z 2 and 4 within one year
the enacted date of entry into force.