Requirements laid down in law governing nursing homes are intensifying

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Requirements laid down in law governing nursing homes are intensifying

Keep abreast of developments with a lawyer specialised in nursing home law

Since 2006, the German Länder have regulated public law governing nursing homes at the Länder level. Nursing home law differs not only from Land to Land, but also in substantive terms: At the heart of all 16 variants of nursing home law is the regulatory part. But also questions surrounding the issue of legal co-determination in nursing homes vested in advisory boards made up of residents as well as the organisation of the administration fall under nursing home law. In contrast, nursing care law remains in the federal domain (Social Code Volume XI). Whether issues involve assignment of personnel, administrative law sanctions, special building aspects or questions in the area of labour law: Our lawyer experienced in the field of nursing home law and our authors of specialist journals offer our clients legal advice in the broader field of nursing home law. Of course we also represent clients in their dealings with nursing home supervisory authorities and act as counsel before the administrative courts.

Which tasks can we perform for you?

Why dhpg?

Because we are experts in our field of practice

The committed lawyers at dhpg centre their attention on your legal affairs. Nursing home law is only practiced by a few specialist lawyers in Germany. We have been working in this field with tremendous passion and zeal for almost 20 years. We pursue your goals, keep you continuously abreast of the current situation and work in close coordination with you - step by step.

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Sector specialists

An integral part of our daily work involves topics relating to nursing law, nursing law as laid down in the German Social Code (Social Code Volume XI), the nursing home law of the German Länder and law on residential and nursing care contracts (for short referred to using the acronym for the relevant law: WBVG ). In addition to specialising in nursing home law, our lawyer's expertise also encompasses adjacent areas of law such as employment law in nursing care facilities as well as corporate law issues.

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Interdisciplinary

With their different interdisciplinary qualifications and specialisations, the lawyers at dhpg superbly complement each other. Our work is instilled with team spirit and commitment.

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Personal

Our specialist lawyer for nursing home law will work closely with you to find the right strategy for your facility. Our guiding aim is a good working relationship. You will also notice this in our performance and our personal discussions.

Your contact person for nursing home law

Would you like to get together for a personal discussion? We would be happy to arrange a meeting with you - with no commitment on your part - so that we can get to know each other. We will be looking forward to hearing from you and meeting you. Just give us a call or send us an e-mail.

To the contact persons

FAQ - Questions relating to nursing home law

What is meant by public law governing nursing homes and what are dhpg's main areas of practice and advice?

The German Länder have enacted nursing home laws. Each nursing home law lays down, inter alia, operating requirements, minimum personnel and building requirements, the monitoring of facilities by the nursing home supervisory authorities and possibilities for intervention by the nursing home supervisory authorities through consultations, orders, freezes on occupancy and closure of facilities.

In the event of disagreements with a nursing home supervisory authority, our specialist lawyer for nursing home law will be happy to support you in asserting your interests. As legal counsel, we attend to all your concerns, e.g. administrative proceedings, administrative court proceedings as well as specific administrative offence proceedings.

We advise nursing and care facilities in all the German Länder. Our practice is particularly concentrated on the following Länder:

  • North Rhine-Westphalia (NRW) with its Housing and Participation Act (WTG)
  • Rhineland-Palatinate with its Law on Living Arrangements and Participation (LWTG)
  • Saarland with its Saarland Housing, Care and Nursing Quality Act (SWBPQG)
  • Hesse with its Hessian Act on Care and Nursing Services (HGBP)
  • Baden-Württemberg with its Housing, Participation and Care Act, or WTPG for short, and
  • Bavaria with its Care and Housing Quality Act (PfleWoqG)

What is the relationship between nursing home law and law governing administrative offences?

The nursing home laws of the German Länder and regulations based on these at the Länder level define administrative offences.

Recent years have seen a veritable proliferation of these offences, which is actually alien to law governing administrative offences. We stay on top of developments at all times. We act as counsel for facilities and natural persons in hearing proceedings and court proceedings involving fines.

Which legal code sets out the services to be provided in nursing care facilities and nursing homes or facilities for the elderly in Germany?

Volume Eleven of the German Social Code (SGB XI) lays down legal entitlements to benefits in the event of a need for nursing care, the assessment procedure for classification of nursing care needs and the organisation and financing of nursing care insurance schemes. Social Code Volume XI has a profound influence on the provision of services in facilities for the elderly in Germany. Our lawyer advises clients on all aspects of law governing the provision of services, for example on questions involving accreditation, the termination of accreditation and questions surrounding quality audits.

Which nursing care facilities or facilities providing assistance to the elderly can claim aid from the so-called nursing care rescue umbrella in connection with the pandemic triggered by the SARS-CoV-2 coronavirus, and what are the possible stumbling blocks?

Nursing care facilities that have to record extraordinary expenses as a result of the coronavirus as well as reduced revenues that are not financed otherwise have a claim to reimbursement of expenses incurred or reduced revenues in accordance with § 150 (3) of Social Code Volume XI.

Pay-outs by nursing care insurance schemes are initially effected on a provisional basis and are only deemed to be final if the nursing care insurance scheme in charge does not file a claim for reimbursement by 31 December 2022 or makes a final decision on the reimbursement claim. The pay-out phase has gone smoothly to date. Decisions on benefits are issued subject to subsequent review. In the review proceedings, discussions about individual items can be expected. This is exactly where we come in: we identify possible problems and offer you rapid, straightforward help in order to defend and protect your interests.

Are there any special sector-specific features of nursing care facilities above and beyond the specialist area of labour law?

Above and beyond "normal" labour law (in church-run facilities special statutory provisions have to be respected in addition) there are special sector-specific aspects. The "Fourth Nursing Care Working Conditions Regulation" (4. PflegeArbbV) lays down binding specifications on the minimum nursing wage, standby and on-call services, due dates for payment, working time accounts and sector-specific additional holiday over and above the Federal Holiday Act (BUrlG).

In addition to the general minimum wage, the minimum nursing care wage is laid down in the German Minimum Wage Act (MiLoG). It applies to occupational groups in nursing care facilities that perform nursing or care activities.

In March 2021, attempts to standardise labour law and remuneration in facilities by means of generally binding collective agreements failed - at least for the time being.

The pandemic triggered by the SARS-CoV-2 coronavirus is also broadening the field of labour law advice, from questions about the corona bonus to issues relating to occupational health and safety and working time law; the latter was temporarily modified by the COVID-19 Working Time Regulation (COVID-19-ArbZV).

What support do dhpg's experts in residential care and nursing law have to offer?

In the regulated sector of complete inpatient care facilities, you can rely on experienced experts who know the market and its underlying conditions. For decades, dhpg and its contact partners have been successfully advising care facilities, social institutions, hospitals and institutions providing integration assistance. Whether the focus is on regulatory issues, such as unjustified administrative orders, freezes on occupancy or inaccurate inspection reports by nursing home supervisory authorities, or on issues relating to investment cost subsidies, or whether social law issues are at stake, such as quality requirements under Social Code Volume XI and framework agreements, or audits and reports by the medical service: we support you in administrative proceedings with supervisory authorities and act as your counsel before the administrative and social courts. In the field of civil law, our spectrum of services ranges from the drafting of nursing home contracts to the termination and cancellation of nursing home contracts in accordance with the Housing and Nursing Care Contracts Act (WBVG) to eviction and claims management. Our spectrum of advice is rounded off by employment law with the special features of the care sector. We advise commercial, non-profit and municipal institutions, regardless of their legal form and size. If so desired, we offer our services as full-service advisors or with regard to individual questions and issues. We shall be glad to help you obtain a more detailed view of our spectrum of services in a personal meeting.

Contact

Get in touch with us

Briefumschlag Contact form Telefon +49 228 81000 0
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