Home Advisory Board

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The home advisory board is a body through which the residents of a home participate in matters relating to home operations for the elderly , those in need of care or those with disabilities .

Participation and participation

In some federal states ( Bavaria , North Rhine-Westphalia and Schleswig-Holstein ) the home advisory board can even have a say in selected areas of responsibility. It is a collective representation of the home residents. The participation right of this resident council is more than a mere right to have a say. Participation includes the right to have a say, information and discussion and exists primarily in questions of accommodation, care, conditions of residence, the organization of the home, meals and leisure activities. This means that the residents' representatives must be informed in all areas of activity related to participation before the service provider (home management or provider) makes decisions. With regard to the areas that are even subject to greater co-determination in some countries, the opinions of the advisory board must be included in the decision of the service provider as part of the weighing up.

Election and term of office

The home advisory board is elected by the residents of the home for a term of office of usually 2 years on the basis of the state laws regulating home law. In institutions providing integration assistance , the term of office is 4 years. The venue falls in Germany since 1 September 2006 in the legislative competence of the states. Many federal states have replaced the former nationwide name Heimbeirat with other names.

For the period in which a home advisory board cannot be formed, its tasks are usually performed by a committee formed by the residents' relatives or by a resident advocate.

Tasks of the advisory board

The resident council elected by the residents of a home has numerous tasks that result from the regulations of the individual state home laws. As a rule, the general and specifically named tasks and powers of participation can be found in the respective state home laws as well as the implementation ordinances (in Bavaria implementation ordinance) for participation. In countries that have not yet issued an implementation regulation for participation, the former home participation regulation continues to apply to the former federal home law. The resident council has the general task on a regular basis

  • To apply for measures that serve the residents,
  • To pass on and negotiate complaints and suggestions,
  • helping new residents settle in.
  • to form an electoral committee before the end of the term of office and to prepare a new election,
  • hold a residents' meeting at least once a year and submit a report on their own activities there,
  • to participate in measures to promote the quality of care,
  • to cooperate in measures which serve to promote self-determination of the residents and which concern participation in life in society.

With regard to the specific tasks, the implementation ordinances of the federal states for participation contain task catalogs that have quite different regulatory content. It is therefore always the respective state home law and implementation ordinance to apply. However, participation regularly includes the following powers:

  • Change of cost rates,
  • Formulation and amendment of the model contracts
  • Design of the principles of accommodation, care and catering,
  • Planning and implementation of events as well as everyday and leisure activities
  • Establishing and changing the house rules,
  • Measures to avoid accidents,
  • significant changes to the offer,
  • Merger with another institution,
  • comprehensive construction and repair work,
  • Measures of social care and participation in life in the community.

In the federal states of Bavaria, North Rhine-Westphalia and Schleswig-Holstein, which in addition to participation, have given up the resident representatives to co-determination, they are regularly subject to co-determination

  • the principles of establishing the meal plan,
  • the planning and implementation of events for leisure activities,
  • the design of the house rules.
country Participation body Legal basis
Baden-Württemberg Home Advisory Board § 5 Home Law for Baden-Württemberg
Bavaria Resident Council Article 9 Care and Quality of Living Act
Berlin Residents Advisory Board Section 9 Housing Participation Act
Brandenburg Residents council Section 16 of the Brandenburg Nursing and Care Housing Act
Bremen Resident representatives Section 10 Bremen Housing and Care Housing Act
Hamburg Housing Advisory Board § 13 Hamburg Housing and Care Quality Act
Hesse Furnishing Advisory Board § 6 Hessian law on care and nursing services
Mecklenburg-Western Pomerania Resident Council Section 7 Equipment Quality Act
Lower Saxony Resident Council Section 4 Lower Saxony Home Law
North Rhine-Westphalia Advisory Board Section 22 Housing and Participation Act
Rhineland-Palatinate Representation of the residents Section 9 State Law on Forms of Housing and Participation
Saarland Resident Council Section 9 Saarland State Home Law
Saxony Resident Council § 8 Saxon Care and Quality of Living Act
Saxony-Anhalt Residents Advisory Board § 9 Housing and Participation Act
Schleswig-Holstein Advisory Board Section 16 Act to Strengthen Self-Determination
Thuringia Residents Advisory Board Section 7 Thuringian law on assisted living and participation

literature

  • Dickmann, Frank (Ed.): Heimrecht. Comment. 11th, completely revised edition of the Kunz / Butz / Wiedemann commentary on the Home Law. Beck-Verlag, Munich 2014, ISBN 978-3-406-65369-8 .

Individual evidence

  1. ↑ Through the corresponding amendment to Article 74, Paragraph 1, No. 7 of the Basic Law through the so-called federalism reform ; Law of August 28, 2006 ( Federal Law Gazette I p. 2034 )
  2. ^ Current collection of state home laws and related ordinances.
  3. ↑ Home Law for Baden-Württemberg of May 31, 2014
  4. ↑ Act to regulate the quality of care, support and living in old age and with disabilities (Care and Living Quality Act - PfleWoqG)
  5. ↑ Law on self-determination and participation in assisted communal forms of living (Wehnteilhabegesetz - WTG) of June 3, 2010 (GVBl. Page 285)
  6. ↑ Law on living with care and support of the state of Brandenburg of July 8, 2009 (Brandenburgisches Pflege- und Betreuungswohngesetz- BbgPBWoG; PDF; 403 kB)
  7. ↑ Bremen Housing and Care Act of October 21, 2010
  8. ↑ Hamburg Housing and Care Quality Act - HmbWBG of December 15, 2009 (Housing and Care Quality Act - HmbWBG; PDF; 784 kB)
  9. ^ Hessian law on care and nursing services
  10. ↑ Act to promote quality in facilities for people in need of care and people with disabilities and to strengthen their self-determination and participation - Facilities Quality Act (EQG MV) of May 17, 2010, GVOBl. MV No. 9 of May 28, 2010 p. 241
  11. ↑ Lower Saxony Home Law of June 29, 2011, Nds. GVBl. 2011, 196
  12. ↑ Housing and Participation Act of October 2, 2014
  13. ↑ Laws and ordinances | State law NRW. Retrieved June 10, 2020 .
  14. ↑ State Law on Forms of Housing and Participation of September 22, 2009 (State Law on Forms of Housing and Participation - LWTG)
  15. ↑ Saarland law to ensure the quality of housing, care and nursing care for older people as well as adults in need of care and disabled persons (Landesheimgesetz Saarland - LHeimGS) of 6 May 2009
  16. ^ Saxon Care and Quality of Living Act of July 12, 2012 (Sächs. GVBl. P. 397)
  17. ↑ Law on Forms of Housing and Participation of the State of Saxony-Anhalt (Housing and Participation Act - WTG LSA) of February 17, 2011, GVBl. LSA 2011, 136
  18. ↑ Law to strengthen self-determination and protection of people with care needs or disabilities (Self-Determination Strengthening Act - SbStG) Schleswig-Holstein Nursing Code - Second Book of July 17, 2009, GVOBL. 2009, 402
  19. ^ Thuringian Law on Assisted Living and Participation (Thuringian Housing and Participation Act - ThürWTG) in the version dated June 10, 2014