Homeland
Heimentgelt is a term from long-term care insurance law . It includes all the fees which the inhabitants of a full or partial inpatient care facility for the provision of housing, for meals, for the care and support services for the investment costs, training of trainees as well as for any additional services to the nursing home to pay Has.
The term is not common for remuneration for residential homes and other fully inpatient facilities for disabled people, facilities for inpatient home education and homes for the elderly but not in need of care.
Care allowance
The care allowance according to Section 82 (1) No. 1 SGB XI is to be paid for the care services of the care facility that are required to care for the persons in need of care according to the type and severity of their care needs (general care services), as well as for social care and for any necessary medical care Treatment care , insofar as this is not covered by health insurance . The care allowance for nursing homes is called the care rate . It is to be borne by the people in need of care and is subsidized by their payers (usually the long-term care funds ); the care insurance funds only cover the monthly care costs up to certain maximum amounts , which are graded according to the degree of care needs ( care level ).
The average monthly care rates (care costs) in Germany in 2011 were:
for care level I - 1,369 euros
for care level II - 1,811 euros and
for care level III - € 2,278.
Long-term care insurance pays lump-sum and limited amounts exclusively for care costs in the home (for care expenses, medical treatment care and social care) (partial benefit insurance), which does not cover the actual costs. In 2015, these insurance benefits (for care costs) were in accordance with Section 43 SGB XI:
for care level I at - 1,064 euros
for care level II at - 1,330 euros and
for care level III at - 1 612 euros.
Due to the completely lacking and then completely inadequate performance dynamization from 1995 to 2008, the costs that had to be raised by the person in need of care or their close relatives (children) or by the social welfare office / war victims' welfare (in this order) for care rose steadily .
In 2011, the average own contribution to the care costs was
for care level I - 346 euros
for care level II - 532 euros and
for care level III - 768 euros.
The amount of the care costs is determined according to § 85 SGB XI between the so-called care rate parties, which are the provider of the facility on the one hand and the long-term care fund and other social service providers on the other.
Institutional co-payment for the care-related effort
The benefits of the statutory long-term care insurance funds are intended for care, support, medical treatment care and the training of nursing staff. The insured must pay their own contribution. With the Second Care Strengthening Act , the co-payment for the care-related effort, which was previously calculated depending on the care needs, i.e. differently depending on the care level, was replaced by a facility-wide rate. This is to ensure that all residents of a home pay the same amount regardless of their level of care; For example, residents with lower levels of care are now co-financing residents with higher levels of care, who are likely to pay less.
The institution-wide co-payment (EEE) is calculated from home to home, but is the same for the individual institution. According to estimates by the Federal Ministry of Health, it should be an average of 580 euros per month. The institution-wide co-payment is a purely arithmetical variable as an intermediate step in the calculation of the care rates. It is implicitly also a competitive factor.
Fee for board and lodging
The remuneration for accommodation and meals (so-called "hotel costs") include, according to Section 82 (1) No. 2 SGB XI, in particular the preparation and provision of food and beverages, supply and disposal (energy, water, waste), the Cleaning of all premises of the facility, the maintenance and upkeep of the buildings, facilities and equipment, technical systems and outdoor facilities and the provision, maintenance and cleaning of the laundry provided by the facility as well as the cleaning of personal laundry and clothing of the person in need of care.
These costs for room and board must be reported separately from the home. They are not covered by the long-term care insurance and are to be borne by the resident himself.
In 2011, according to the Federal Ministry of Health, the so-called "hotel costs" (accommodation and meals) per day / per home resident (federal average) were EUR 21.66 (the range ranged from EUR 14.88 to EUR 37.27 ).
The costs for accommodation and meals are also negotiated between the parties to the care rate, Section 87 of Book XI of the Social Code.
Training allowance
The costs for training trainees in nursing homes are also to be borne by the residents, § 82a SGB XI. The reason for this is the great need for new nursing staff. In some federal states, the training costs of all those who are in training in the care professions in the state are evenly distributed through a care contribution. As a result, companies that do not provide training no longer have any cost advantages over training providers.
Fee for investment costs
The investment costs are the costs incurred by the owner of care facilities in connection with the manufacture, purchase and repair of buildings and the associated technical systems. This includes usage fees for depreciable assets, interest on equity and borrowed capital, guarantee commissions and expenses for wear and tear on assets based on business principles including maintenance and replacement. In § 82 para. 2 no. 1, par. 3 and para. 4 SGB XI is regulated by the extent to which investment costs may be taken into account in the home charges.
The investment costs depend on the age and condition of the building and are therefore different in each facility. According to a current evaluation from April 2014, the investment costs are subject to considerable fluctuations in the individual federal states. With an average of EUR 8.65 per resident per day, patients in Saxony-Anhalt only pay around half as much as residents in North Rhine-Westphalia, who are billed EUR 17.46 per day. The nursing home operators in Thuringia, Saxony, Brandenburg and Mecklenburg-Western Pomerania also charge their residents an average of less than 10 euros per day and thus significantly less than the national average estimated at 13.94 euros. The residents also pay these fees.
Charges for additional services
Additional services according to Section 88 SGB XI are special comfort services for accommodation and meals as well as additional nursing-care services that go beyond the necessary care, accommodation and catering services. They can be chosen individually by the person in need of care and agreed in writing between the person in need of care and the care facility and borne by the person in need of care.
State support services
If the resident in need of care is not able to bear the part of the home remuneration to be borne by him, i.e. all costs minus the benefits of long-term care insurance, there is the possibility of receiving social assistance. This care assistance can then be granted, whereby an amount often referred to as “pocket money” for personal disposal of € 107.73 (2015) according to Section 27 (2) SGB XI must be taken into account in addition to the home fee. However, it is also necessary that no noteworthy assets are available that are to be taken into account in accordance with Section 90 ff. SGB XII. Furthermore, children of the needy can in principle be called upon by the social welfare institution to bear the costs because maintenance claims against them according to §§ 1601 BGB, 92 SGB XII. In now two federal states there is also the possibility of receiving care allowance. This is limited in its amount to the amount of the investment costs and takes the place of social assistance: If the care housing allowance is sufficient to cover the need, no social assistance needs to be applied for. The savings in assets are higher here, and relatives, especially children, are not used to bear the costs.
Consumer protection
In accordance with Section 3 of the Housing and Care Contract Act (WBVG), the home provider must inform the person in need of care in writing and in easily understandable language about the amount of the home fee and its composition in good time before the home contract is concluded.
The consumer only has to pay an appropriate fee, but for recipients of long-term care insurance and social assistance benefits, the costs for accommodation and meals, for care and training are considered appropriate (Section 7 (2) WBVG), as these are between the entrepreneur and the Payers have been agreed. In the case of social assistance, this also applies to the investment costs. The fees must be calculated for all residents according to uniform principles. Differences are only possible if there is a distinction between funded and non-funded parts of the facility or self-payers or social assistance recipients, Section 7 (3) WBVG. Fee increases must be justified in accordance with Section 9 (2) WBVG and the changed cost items must be compared with the apportionment scale. Such fee increases are generally subject to approval; the consumer can, if he does not agree, terminate the contract in accordance with Section 11 (1) WBVG at the time the planned increase comes into force. On the other hand, a termination by the entrepreneur for the purpose of increasing the pay is excluded, Section 12 (1) WBVG. With every increase in payment, the consumer also has the right to check the information provided by the entrepreneur by inspecting the accounting documents, Section 9 (2) WBVG.
If the home provider demonstrably does not provide the contractually agreed services or only inadequately, the home resident can retroactively reduce the home remuneration for up to six months in accordance with § 10 WBVG (reduced remuneration in the event of non- performance or poor performance ). In the case of home residents who are recipients of social assistance, the reduction amount up to the amount of the social assistance benefits provided is primarily due to the social assistance provider. Residents who make use of long-term care insurance benefits are entitled to the reduction amount up to their own contribution; any excess amount must be paid out to the long-term care insurance.
Individual evidence
- ↑ Barmer GEK: Barmer GEK care report 2013. November 2013, p. 122 / Tab. 23 ( Memento of the original from December 24, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ § 43 SGB XI
- ↑ buzer.de: Act on the structural development of long-term care insurance (Long-term Care Further Development Act - PfWG of May 28, 2008 - see here § 30 SGB XI)
- ^ Sozialverband Deutschland: Statement on the 2008 long-term care reform - s. in particular Section II, 2.
- ↑ Barmer GEK: Barmer GEK care report 2013. November 2013, pp. 51 - 53 ( Memento of the original from December 24, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Barmer GEK: Barmer GEK care report 2013. November 2013, pp. 12 + 122 / table 23 ( Memento of the original from December 24, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ badische-zeitung.de , November 26, 2016, Annette Jäger: What does the place in the nursing home cost?
- ↑ psgzwei.de, June 5, 2016: The institution- wide self-contribution EEE (basics)
- ↑ See e.g. B. Section 3 of the framework agreement in accordance with Section 75 (1) SGB XI for short-term care and full inpatient care (PDF; 83 kB) for North Rhine-Westphalia
- ↑ Federal Ministry of Health: Report of the Federal Government on the development of long-term care insurance and the status of long-term care in the Federal Republic of Germany from December 5, 2011, p. 157 (full inpatient care) ( Memento of the original from July 17, 2013 in the Internet Archive ) Info : The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ Corinna Schroth: Investment costs . Bonn 2014, p. 7f .
- ↑ Investment costs for nursing homes show clear differences in the federal states - evaluation from April 22, 2014 ( memento of the original from May 6, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ Judgment of the OLG Hamm
- ↑ vzbv on the judgment of the Berlin Court of Appeal
