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Lower Saxony Law on Supportive Housing (NuWG)
From June 29, 2011 (Nds.GVBl. No. 14/2011 p.196), amended by law v. April 14, 2016 (Nds. GVBl. No. 4/2016 p. 70) and Art. 3 of the law of July 15, 2020 (Nds. GVBl. No. 27/2020 p. 244) - VORIS 21141 -

preamble

The version of the law follows the newer linguistic usage “people with disabilities”, which is also used in the UN Convention on the Rights of Persons with Disabilities, because this linguistic usage is more in line with the idea of ​​equality and today's ideas of those affected.

Section 6 of the law is based on the view that people in supportive forms of living regularly wish to be able to live in a single room, and that these wishes are made with regard to respect for human dignity (Article 1, Paragraph 1 of the Basic Law) by all those involved should be considered.

Contents overview

§ 1 Purpose of the law
§ 2 scope
§ 3 Advice and information
§ 4 Participation of the residents
§ 5 Requirements for running a home
§ 6 Single room requests
§ 7 Notification requirements
§ 8 Record keeping and retention obligations
§ 9 Audit duties and powers of the authorities, obligation to provide information
§ 10 Advice on defects in homes
§ 11 Orders in the event of defects
§ 12 Prohibition of activities, appointment of a temporary home management
§ 13 Prohibition of operation
§ 14 Exclusion of the suspensive effect of the action
§ 15 Cooperation, working groups
§ 16 Exemptions to try out new forms of care or living
§ 17 Authorization to issue ordinances
§ 18 Administrative offenses
§ 19 Responsibilities
§ 20 Come into effect

§ 1
Purpose of the law

(1) The law is intended to ensure that the range of support facilities (homes, residential communities with outpatient care, forms of assisted living and day care facilities) continues to develop.

(2) The purpose of the law is

  1. to protect the dignity as well as the interests and needs of the residents in all facilities according to paragraph 1 from impairment,
  2. to enable the residents of facilities according to paragraph 1 to shape their life appropriately and individually, in particular to maintain and promote their independence, self-determination, personal responsibility and participation in community and cultural life inside and outside of facilities,
  3. to ensure compliance with the obligations incumbent on the operators of the facilities towards the residents,
  4. to ensure the participation of the residents,
  5. to ensure a quality of living and care corresponding to the generally recognized state of technical knowledge,
  6. to promote advice on matters relating to the institutions referred to in paragraph 1, and
  7. to promote the cooperation of the authorities responsible for the implementation of this Act with the operators of facilities according to paragraph 1 and their associations, the long-term care insurance funds and their associations, the medical service of the health insurance and the social assistance providers .

(3) The independence of the operators of facilities according to paragraph 1 in setting objectives and carrying out their tasks remains unaffected.

§ 2
scope

(1) 1This law applies to homes (paragraph 2) in Lower Saxony. 2Unless otherwise stipulated, the regulations on homes are to be applied to the supportive forms of living in accordance with paragraph 3 (assisted outpatient living communities) and paragraph 4 (forms of assisted living). 3This law replaces the Heimgesetz in the version of November 5, 2001 (Federal Law Gazette I p. 2970), last amended by Article 3 sentence 2 of the law of July 29, 2009 (Federal Law Gazette I p. 2319), with the exception of §§ 14, 21 Paragraph 1 No. 3 and Paragraph 2 No. 3 of the Home Act.

(2) Homes are facilities for adults whose existence serves the purpose regardless of the change and number of residents, for a fee

  1. take in elderly people, people in need of care or people with disabilities,
  2. to leave them living space and
  3. to provide or provide care or support services for them.

(3) 1Residential communities with outpatient care within the meaning of paragraph 1, sentence 2, subject to paragraph 5, sentence 1, are those residential communities in which people of legal age are provided with living space for the purpose of living in a household in which they are paid outpatient services by service providers based on a contractual obligation associated with the tenancy make use of care or support services. 2In addition to the provisions on homes, instead of Section 4 (1) to (5) and Section 17 (2), Section 4 (6) and Section 17 (3) as well as Section 20 apply to the shared apartments according to sentence 1.

(4) 1Forms of assisted living within the meaning of subsection 1 sentence 2 are, subject to subsection 5 sentence 2, such forms of living in which persons of legal age are provided with living space and in which they use services from service providers due to a contractual obligation associated with the tenancy that go beyond general support services such as emergency call services, information and advisory services or the brokering of household services, nursing or support services.2In addition to the regulations on homes, instead of Section 4 (1) to (5) and Section 17 (2), Section 4 (6) and Section 17 (3) apply to the forms of assisted living in accordance with sentence 1.

(5) 1Notwithstanding Paragraph 3, residential communities with outpatient care of no more than twelve people, in which the residents free the service providers for the services specified in Paragraph 3 and the type and scope of the services at the latest one year after the establishment of the residential community, are not considered to be homes can choose. 2Notwithstanding paragraph 4, forms of assisted living are not considered to be homes, in which the residents can freely choose the service provider for the services beyond general support services within the meaning of paragraph 4 at the latest one year after the resident has moved in. 3The possibility of free choice also exists in the cases of sentences 1 and 2 if the resident is represented by a person acting for him or her. 4Restrictions on freedom of choice under social welfare law are not taken into account.

(6) The notification and notification obligations according to Section 7, Paragraphs 6 and 7, the advisory obligations of Section 3, Nos. 2 and 3, and Section 18, Paragraph 1, No. 3 also apply to supportive forms of living that are not considered to be homes in accordance with Section 5.

(7) 1This law also applies to day care facilities. 2Section 4 of this Act, as well as Section 14, Paragraph 2, No. 3 and Paragraph 3 of the Home Act and the Ordinance on the Obligations of the Carriers of Retirement Homes, Retirement Homes and Nursing Homes for adults in the event that services are received for the purpose of accommodating a resident or applicant from April 24, 1978 ( Federal Law Gazette I p. 553), amended by Article 18 of the law of December 27, 2003 (Federal Law Gazette I p. 3022), (Home Security Ordinance) do not apply.3If the facility usually accepts at least six people, Section 4 (4) applies. 4Sentences 2 and 3 apply accordingly if homes or parts of homes are used exclusively to accommodate people of age of up to three months (short-term homes).

(8) This Act does not apply to hospitals, to boarding schools of the vocational training and professional development organizations, to hospices, to night care facilities and not to facilities that provide inpatient services for medical care or rehabilitation.

§ 3
Advice and information

The home supervisory authorities advise and inform

  1. the residents of homes and their resident representatives, resident advocates about the respective rights and obligations,
  2. People who have a legitimate interest about homes and other forms of supportive housing and about the rights and obligations of those involved and
  3. the providers of care services who provide or want to provide outpatient care services for shared apartments about their rights and obligations.

§ 4
Participation of the residents

(1) 1The residents of a home participate through a residents' council in matters relating to home operations such as accommodation, meals, conditions of stay, care or leisure activities.2Participation is to extend to the administration as well as the business and economic management of the home if services within the meaning of Section 14 (2) No. 3 of the Home Act have been provided. 3In the exercise of their duties and rights, the residents' council can call in qualified or knowledgeable persons they trust; they are bound to secrecy. 4The residents 'council should invite residents to a residents' meeting at least once a year, to which each resident can call in a person they can trust.

(2) 1The members of the residents' council in a home are elected by its residents.2The residents of the home are eligible.3To a reasonable extent, adult relatives and other trusted persons of the residents, members of local senior citizens 'representatives and local handicapped organizations as well as persons proposed by the home supervisory authority can be elected to the residents' council.

(3) The home supervisory authorities ensure that the residents and the members of resident representatives are informed about the election to the resident representatives and their powers as well as about the possibilities of participation.

(4) 1During the period in which a resident representative cannot be formed in a home, their tasks are performed by a resident advocate who is appointed by the home supervisory authority in consultation with the home management. 2The resident advocate works on a voluntary basis. 3The home supervisory authority can refrain from appointing a resident advocate if the residents' participation is guaranteed in another way.

(5) 1The operator shall explain the reasons and the appropriateness of a desired wage increase to the residents' representatives or the other persons entitled to participate in accordance with paragraph 4 in good time before the start of negotiations on performance, remuneration and examination agreements according to the Eleventh or Twelfth Book of the Social Security Code, submitting comprehensible documents give them the opportunity to comment; Upon request, he grants access to the calculation documents in preparation for the statement.2The operator is given the opinion before the start of negotiations. To transmit acknowledgment.

„(6) 1For the types of supportive housing mentioned in Section 2, Paragraph 1, Clause 2, in deviation from Paragraphs 1 to 5, the home supervisory authority can appoint a resident advocate upon application by the majority of residents. 2In this case, the provisions mentioned in Section 17 Paragraph 3 No. 3 apply accordingly.

§ 5
Requirements for running a home

(1) The operator of a home is obliged to provide his services according to the generally recognized state of technical knowledge, to make his range of services, broken down according to type, amount and remuneration, accessible to all interested parties and to inform the residents when they move into the home to inform their right to advice according to § 3 No. 1 and their possibilities of complaint to the home supervisory authority as well as the care funds and the social assistance providers.

(2) A home may only be operated if in it

  1. the dignity as well as the interests and needs of the residents are respected and protected from harm,
  2. the residents are given a way of life that is appropriate to the type and extent of their need for care and the necessary assistance is provided,
  3. The independence, self-determination and personal responsibility as well as the participation of the residents in the life in the community are preserved and promoted, especially in the case of people of legal age with disabilities (Section 53 of Book Twelve of the Social Code - SGB ​​XII -) the socio-educational support and special educational support as well as humane and activating care with respect for human dignity are guaranteed for those in need of care,
  4. a quality of living, housekeeping, catering and care for the residents is ensured that corresponds to the generally recognized state of the art,
  5. For residents in need of care, care is guaranteed in accordance with the generally recognized state of medical and nursing knowledge,
  6. the medical and health care of the residents is ensured,
  7. Specialized outpatient palliative care services in accordance with Section 37 b (2) of the fifth book of the Social Security Code (SGB V) can be provided by the staff of the home or if the operator works with the contracting partners of the health insurance companies in accordance with Section 132 d (1) to ensure that these services are used SGB V works closely together to enable the performance of benefits,
  8. it is ensured that the achievement of the goals of integration assistance for adults with disabilities (§ 53 SGB XII) is promoted and for this purpose, on the basis of the overall plan under social assistance law (§ 58 SGB XII) for participation and assistance planning, internal funding and assistance plans are drawn up and their implementation is recorded,
  9. it is ensured that care plans are made for residents in need of care and their implementation is recorded,
  10. the protection of the residents against infections is guaranteed and also ensured; that the employees comply with the hygiene requirements,
  11. it is ensured that the pharmaceuticals are resident-related and properly stored and that the employees working in the care and the promotion of adult people with disabilities (Section 53 SGB XII) are advised at least once a year on the proper handling of pharmaceuticals, and
  12. it is ensured that it is operated under the responsibility of a home management.

(3) The operator of a home must

  1. have the reliability required to run a home,
  2. ensure that the number of employees and their personal and professional suitability are sufficient for the work to be performed,
  3. operate quality and complaint management.

§ 6
Single room requests

The operator of a home should take into account the wishes of the residents for accommodation in single rooms as far as possible.

§ 7
Notification requirements

(1) 1Anyone who wants to start operating a home must notify the home supervisory authority of their intention at least three months before the planned commissioning.2The takeover of an existing home must be reported at the earliest possible point in time before the intended takeover. 3The notification must contain the following information:

  1. the planned time of the start of operations or the takeover,
  2. Names and addresses of the home and its operator,
  3. the type of use of the home and the rooms, their location, number and size, and with regard to the living spaces also the intended occupancy and the design of the home,
  4. the name, professional training and professional career of the home management and, in the case of nursing homes, also the care service management,
  5. the envisaged staffing levels, unless a contract according to § 72, 84 para. 5 or Section 92b of Book Eleventh Book of the Social Security Code or an agreement pursuant to Section 75 Paragraph 3 in conjunction with Section 76 Paragraph 1 of Book Twelve of the Social Security Code has been concluded.

4The notification must be accompanied by a sample of the contracts that are to be concluded with the residents, as well as the other generally used contracts. 5If it is not yet clear at the time of the notification which person will take over the management of the home or the management of the care service, the information must be made up by the time the home is in operation.

(2) The home supervisory authority may request further information and the submission of documents if this is necessary to check the requirements of Section 5.

(3) Changes in the circumstances that are to be reported in accordance with paragraph 1 and the intention to substantially change the contracts listed in paragraph 1 sentence 4 must be reported to the home supervisory authority immediately.

(4) 1If the operator of a home becomes aware that the residents' right to life, physical integrity or sexual self-determination has been threatened or impaired, he must inform the home supervisory authority. 2Section 9 (7) applies accordingly.

(5) 1Anyone who intends to cease operation of a home in whole or in part must notify the home supervisory authority immediately. 2In the notification, the planned, orderly processing of the contractual relationships with the residents and their other accommodation and care must be shown and proven on request.

„(6) 1Anyone who, as an outpatient service provider, provides or wants to provide paid nursing or care services in a residential community that is not considered a home (Section 2, Paragraph 5, Clause adults 1) of more than two must notify the home supervisory authority .

2The ad must contain

  1. the address and date of establishment of the shared apartment,
  2. the number of residents and the number of people in need of care in the individual care levels and
  3. a copy of the contracts concluded with the residents for the provision of services without their names being recognizable.

3Anyone who, as an outpatient service provider, provides or wants to provide services that go beyond general support services in forms of assisted living that are not considered as a home (Section 2 (5) sentence 2) must notify the home supervisory authority of this , provided that

  1. the type of assisted living is set up or operated together with similar types of living,
  2. the form of assisted living is operated in rooms that belong to the same institution or a third party who is legally or actually linked to the institution, or
  3. if more than two adults in need of care are cared for in the apartment concerned;

Sentence 2 applies accordingly.

4The home supervisory authority can request further information and the submission of documents if this is necessary to check the requirements of paragraph 1.5Changes in the circumstances that are to be reported in accordance with sentences 1 to 3 and the intention to substantially change the contracts for the provision of services must be reported to the home supervisory authority immediately; The obligation to notify changes also extends to the notification of changes in the composition of the residents, including their respective care levels.

(7) 1In the cases to be reported in accordance with paragraph 6 sentence 1, the provider of the outpatient service must inform the home supervisory authority no later than one year after the establishment of the outpatient shared accommodation which provider of outpatient services and what type and scope of services the residents have chosen to have. 2In the cases to be reported in accordance with Paragraph 6 Clause 3, Clause 1 applies accordingly, with the proviso that the establishment of the shared apartment is replaced by a resident in the form of assisted living.3The notification must be accompanied by a confirmation from the residents stating that the service provider has been freely chosen.

§ 8
Record keeping and retention requirements

(1) 1The operator of a home must observe the principles of proper bookkeeping and keep records of the operation. 2In the records must be shown in particular

  1. the economic and financial situation of the home,
  2. the surnames, first names, dates of birth, addresses and training of the employees employed in the care of the residents, their regular working hours, the activities they perform in the home, the duration of the employment relationships and the duty rosters,
  3. the surnames, first names, dates of birth, the respective gender and the respective care needs of the residents and, in the case of residents in need of care, the level of care,
  4. the receipt, storage and administration of drugs as well as the pharmaceutical inspection of drug stocks and instruction of employees in the proper handling of drugs,
  5. care planning and care processes for residents in need of care,
  6. In facilities for the disabled, support and assistance plans for the residents and the implementation of the plans,
  7. the measures for quality development and quality assurance and their results,
  8. the measures involving deprivation of liberty within the meaning of Section 1906 of the German Civil Code for residents as well as the specification of the person responsible for the order and
  9. the funds and valuables managed for residents.

3The records are to be kept separately for each home. 4If the obligation according to sentence 1 and sentence 2 No. 1, to present the economic and financial situation of the home, cannot be fulfilled according to the federal regulations applicable to nursing homes, it can be fulfilled according to other regulations if this has at least one profit and loss account as well as request a balance sheet.

(2) The operator must keep the records according to paragraph 1 as well as the other documents and receipts about the operation of the home for six years after the end of the financial year, unless longer retention periods exist under other legal provisions.

§ 9
Audit duties and powers of the authorities, obligation to provide information

(1) 1To determine whether the requirements

  1. according to this law and the ordinances according to § 17 para. 1,
  2. according to § 14 of the Home Act and the Home Security Ordinance as well as
  3. according to the regulations that are to continue to be applied according to § 17 paragraphs 2 and 3,

are fulfilled, the home supervisory authorities carry out recurring and event-related inspections in the homes. 2Registered and unregistered examinations are permitted at any time, but only at night if the goal of the examination cannot be achieved at another time. 3The operator, the home management and the care service management must provide the home supervisory authority with the verbal and written information required for the examination. 4The home supervisory authorities can request that copies of the business documents that are required for the inspection of the home are made available to them free of charge. 5The operator has to keep the records according to § 8 paragraph 1 available in the home for testing, but records according to § 8 paragraph 1 sentence 2 no. 1 only for registered tests.

(2) 1The persons commissioned by the home supervisory authority to carry out the examination are authorized to

  1. to enter the property used for the home and the rooms of the home, but rooms that are subject to the domiciliary rights of the residents, only with their consent,
  2. To carry out tests and inspections,
  3. To inspect the records according to § 8,
  4. to get in touch with the residents as well as the resident representatives or the resident advocate,
  5. to inspect the state of care of residents in need of care with their consent and
  6. to ask the employees and those working in the home about home operations.

2The operator has to tolerate the measures according to sentence 1. 3The home supervisory authority can call in qualified or knowledgeable persons for its examinations. 4These are bound to secrecy.5You are not allowed to save the residents' personal data for yourself and not to transmit them to third parties.6In so far as the home supervisory authority is entitled or obliged to carry out further inspections of homes under other laws, it should carry out the inspections at the same time as an inspection under this law.

(3) 1In order to prevent an urgent danger to public safety, properties and rooms that are subject to the residents' domiciliary rights or that are used for residential purposes by the person obliged to provide information can be entered at any time.2The person required to provide information and the residents must tolerate the measures pursuant to sentence 1.

(4) 1The home supervisory authority audits each home at least once a year. 2It can extend the examination intervals to up to two years if a home has been examined by the medical service of the health insurance or, in accordance with Section 114, Paragraph 4, Clause 2 of the Eleventh Book of the Social Security Code, by independent experts or testing institutions.

(5) The home supervisory authority is authorized to carry out tests as soon as it receives a notification in accordance with Section 7 (1), at least at the beginning of the third month before the home is scheduled to go into operation.

(6) 1If there are actual indications that a facility is being operated as a home without a notification pursuant to Section 7 (1) having been made, the home supervisory authority can check whether the facility is a home. 2Paragraph 1 sentences 2 to 5 as well as paragraphs 2 and 3 apply accordingly.

(7) A person obliged to provide information can refuse to provide information on questions the answer of which would expose himself or one of the relatives specified in Section 383 (1) Nos. 1 to 3 of the Code of Civil Procedure to the risk of criminal prosecution or of proceedings under the law on administrative offenses.

(8) The fundamental right to the inviolability of the home (Article 13 Paragraph 1 of the Basic Law) is restricted by Paragraphs 1 to 3, also in conjunction with Paragraph 6.

§ 10
Advice on defects in homes

(1) 1If the home supervisory authority finds deficiencies in a home, it should first advise the operator on how the deficiencies can be remedied. 2The same applies if, after fulfilling the obligation to notify in accordance with Section 7, defects are discovered before the home is started.

(2) 1The home supervisory authority can involve the social welfare agency with whom there are agreements in accordance with Section 75 (3) of Book Twelve of the Social Security Code in a consultation in accordance with (1). 2He is to be involved if the elimination of the deficiencies can affect remuneration. 3Sentences 1 and 2 apply accordingly to the participation of long-term care insurance funds or other social insurance carriers if agreements according to Section 72, 75 or 85 of Book Eleventh of the Social Security Code exist with them or their regional associations.

(3) If residents have terminated their contracts concluded with the operator without notice due to the deficiencies, the home supervisory authority should support them in finding appropriate alternative accommodation and care under reasonable conditions.

§ 11
Orders in the event of defects

(1) 1If the operator of a home does not remedy deficiencies, the home supervisory authority can take the necessary measures to remedy the deficiencies. 2Orders according to sentence 1 are also permissible before commencement of the home operation if defects are discovered after compliance with the notification requirement in accordance with Section 7.

(2) 1Orders are to be drawn up as far as possible in accordance with the agreements in accordance with Section 75 (3) of Book Twelve of the Social Code. 2Orders that may result in an increase in remuneration in accordance with Section 75 (3) of Book Twelve of the Social Security Code must be made in consultation with the social welfare agency with whom there are agreements under this provision.

(3) 1Orders to the operator of a home approved in accordance with Section 72, Paragraph 1 of Book Eleventh of the Social Security Code, which may result in an increase in the remuneration agreed or set in accordance with the Eleventh Book of the Social Security Code, must be made in consultation with the care rate parties concerned. 2The long-term care insurance company can also bring an action against orders according to sentence 1.

§ 12
Prohibition of activities, appointment of a temporary home management

(1) The home supervisory authority can prohibit the operator of a home from employing certain people in the home or having them work if facts justify the assumption that they are not suitably qualified for this.

(2) 1If the prohibition affects the person in charge of the home, the home supervisory authority can, if the operator has not filled the position again with a suitable person, temporarily appoint a temporary home management at the expense of the operator to maintain the home operation. 2The temporary home management takes over the rights and obligations of the previous home management.3Your activity ends when the operator, with the consent of the home supervisory authority, has appointed a suitable home management, but at the latest after one year.

§ 13
Prohibition of operation

(1) The home supervisory authority shall prohibit the operation of a home if the requirements of Section 5, one issued on the basis of Section 17 Paragraph 1 No. 1 or 2 or pursuant to Section 17 Paragraph 2 No. 1 or 2 or Paragraph 3 No. 1 or 2 further applicable ordinance are not fulfilled and the orders according to §§ 11 and 12 are not sufficient.

(2) Operation can be prohibited if the operator

  1. has not fulfilled the obligation to notify pursuant to Section 7 (1) or has provided incomplete information in the notification,
  2. Orders according to Section 11 (1) are not followed within a set period or
  3. Persons continue to be employed or tolerate their activity contrary to an enforceable prohibition according to § 12.

(3) If home operation has not yet started, a prohibition is permitted no earlier than three months before the planned start-up.

§ 14
Exclusion of the suspensive effect of the action

Lawsuits against measures according to §§ 9 and 11 to 13 have no suspensive effect.

§ 15
Cooperation, working groups

(1) 1In performing their tasks to protect the interests and needs of residents and to ensure an appropriate quality of living and care in the homes and to ensure an appropriate quality of the examination, the home supervisory authorities are obliged to work with the care funds, their regional associations, the The medical service of the health insurance and the social welfare agency work closely together. 2As part of this cooperation, they coordinate the content, scope and time of the inspections on the basis of mutual information and advice based on partnership and strive to reach agreement on measures for quality assurance and the elimination of defects that are necessary in individual cases; Examinations should be carried out jointly or separately. 3Double exams should be avoided. 4The state associations of the statutory long-term care funds of Lower Saxony, the central municipal associations of Lower Saxony and the specialist ministry can make agreements to implement sentences 1 to 3.

(2) 1The home supervisory authorities are entitled and obliged to exchange the information required for their cooperation, including the knowledge gained during the examinations, also with regard to the staffing in homes, with those named in paragraph 1. 2Personal data must be anonymized before transmission.

(3) Notwithstanding paragraph 2 sentence 2, the home supervisory authorities may transmit personal data in a non-anonymized form to the long-term care insurance funds and the medical service of the health insurance, insofar as this is necessary for the execution of the eleventh book of the Social Security Code.

(4) 1The home supervisory authorities form working groups with the named working groups for the implementation of paragraph 1 sentence 1. 2A home supervisory authority conducts the business of the working group and leads its meetings.

§ 16
Exemptions to try out new forms of care or living

(1) The home supervisory authority may, upon request, grant exemption from

  1. the requirements
    a)

    a) of Section 4 Paragraph 1 Sentences 1 and 2 and Paragraph 5 and

    b)

    b) an ordinance issued in accordance with Section 17 (1) no.3 or further applicable in accordance with Section 17 (2) no.3,

    if the residents' participation is guaranteed in some other way or if the design of the home does not require participation, and
  2. individual requirements of an ordinance issued in accordance with Section 17 (1) No. 1 or 2 or to be further applied in accordance with Section 17 (2) No. 1 or 2,

if this appears necessary in the interest of trying out new forms of care or living and this does not endanger or impair the purpose of the law in accordance with Section 1 (2).

(2) 1The exemption is limited to a maximum of six years. 2It can be extended up to ten years.3If the operator has proven the success of the tried and tested form of care or living, the exemption can be granted permanently.

§ 17
Authorization to issue ordinances

(1) The relevant ministry is empowered to make regulations on the implementation of this Act by ordinance

  1. The requirements for the rooms in the homes, in particular the living, community, therapy and utility rooms, as well as the traffic areas, the sanitary facilities and the technical facilities,
  2. the requirements for the suitability of the home management and the employees as well as the proportion of skilled workers in the existing staff and
  3. the election and composition of the resident representatives, the appointment of a resident advocate in homes and the type, scope and form of participation.

(2) Until the ordinances mentioned in paragraph 1 come into force, the following shall continue to apply accordingly:

  1. the minimum home building ordinance (HeimMindBauV) in the version of May 3, 1983 (Federal Law Gazette I p. 550), amended by Article 5 of the ordinance of November 25, 2003 (Federal Law Gazette I, p P.2346),
  2. the Heimpersonalverordnung (HeimPersV) of July 19, 1993 (Federal Law Gazette I p.1205), amended by Article 1 of the Ordinance of June 22, 1998 (Federal Law Gazette I p.1506), issued on the basis of Section 3 ( 2) No. 2 of the Home Act), and
  3. the Home Cooperation Ordinance (HeimmwV) in the version of July 25, 2002 (Federal Law Gazette I, p.2896) issued on the basis of Section 10 (5) of the Home Act.

(3) Notwithstanding Paragraph 2, until the ordinances named in Paragraph 1 come into force, the following shall continue to apply to the types of supportive housing within the meaning of Section 2 Paragraph 1 Sentence 2:

  1. for outpatient assisted living communities and forms of assisted living with at least six residents, §§ 2, 4, 12, 29 Paragraph 1 Clause 1 and § 31 HeimMindBauV,
  2. §§ 2 and 3 HeimPersV and
  3. Section 21 Paragraphs 1 and 2, Sections 22, 23, 24 Paragraph 1 Clause 1 and Paragraph 2, Section 25 Paragraphs 2 to 4, Section 26 Paragraph 1 Nos. 1 to 3, Paragraphs 2 and 3, Sections 27 and 28 Paragraphs 2 to 4, Section 29 Nos. 2 and 7 and Section 30 Nos. 5 to 11 Home Ordinance.

§ 18
Administrative offenses

(1) An administrative offense is committed by anyone who willfully or negligently

  1. contrary to Section 7 (1) or (3), fails to submit a notification, or not correctly or in good time,
  2. contrary to Section 7, Paragraph 4, Clause 1, fails to submit a notification, or not correctly or in good time,
  3. contrary to Section 7, Paragraph 6, Clause 1 or 3, fails to make a notification, or not correctly or in time,
  4. contrary to Section 9 (1) sentence 3, does not provide information, or does not provide it correctly, or completely or within a period set by the home supervisory authority,
  5. contrary to Section 9 (2) sentence 2 or (3) sentence 2, does not tolerate a measure,
  6. contravenes an enforceable order in accordance with Section 11 (1) or an enforceable prohibition of an activity in accordance with Section 12 (1),
  7. contravenes an enforceable prohibition of an operation in accordance with Section 13 (1) or (2),
  8. contravenes an ordinance issued on the basis of Section 17 (1), insofar as it refers to this regulation on fines for a specific offense,
  9. contravenes one of the facts mentioned in § 32 HeimMindBauV, § 9 HeimPersV or § 34 HeimmwV as long as the respective ordinance according to § 17 Paragraph 2 of this Act continues to apply.

(2) The administrative offense can in the cases of paragraph 1 nos. 1 and 7 as well as § 21 par. 1 no. 3 of the Home Act with a fine of up to 25,000 euros and in the cases of paragraph 1 nos. 2 to 6, 8 and 9 as well as Section 21 Paragraph 2 No. 3 of the Home Act can be punished with a fine of up to 10,000 euros.

§ 19
Responsibilities

(1) 1Perform the duties of the home supervisory authority

  1. the State Office for Social Affairs, Youth and Family
    a) for homes or parts of homes for people of legal age with disabilities with whom there are no contracts in accordance with Section 72 (1) of the Eleventh Book of the Social Code, and
    b) for rehabilitation facilities, insofar as they meet the requirements of Section 2 (2),
  2. Incidentally, the districts and independent cities as the task of the assigned sphere of activity.

2The competence of the independent municipalities is excluded.

(2) The competent authority within the meaning of the Home Security Ordinance is the home supervisory authority.

§ 20
Transitional arrangement

This law is only applicable to outpatiently assisted living communities within the meaning of Section 2, Paragraph 3, in which outpatient integration assistance services are used and which were not considered to be homes according to Section 1, Paragraph 4 in the version valid until June 30 , 2016 to be applied from July 1, 2017.

§ 21
Evaluation

1After July 1, 2021, the state government will review the application and effects of this law. 2She reports on the result to the state parliament by July 1, 2022.

§ 22
Come into effect

(1) This law comes into force on the day after its promulgation.

(2) At the same time expire:

  1. the ordinance on the commercial operation of old people's homes, old people's homes and nursing homes of October 3, 1968 (Nds.GVBl. p.129), amended by § 12 No.7 of the ordinance of July 19, 1993 (Federal Law Gazette I p.1205),
  2. Section 2 No. 3 of the General Competence Ordinance for the Municipalities and Districts for the Implementation of Federal Law of December 14, 2004 (Nds.GVBl. P. 589), last amended by ordinance of May 25, 2011 (Nds.GVBl. P.123) .

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Hanover, June 29, 2011

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