State Home Law (Baden-Württemberg)

Basic data
Title:	Home law for Baden-Württemberg
Short title:	State Home Law
Abbreviation:	LHeimG
Type:	State Law
Scope:	Baden-Württemberg
Issued on the basis of:	Art. 74 (1) no. 7 GG
Legal matter:	Special administrative law
References :	BWGältV subject area 2170
Issued on:	June 10, 2008 ; ( Journal of Laws p. 169)
Entry into force on:	July 1, 2008
Last change by:	Art. 46 Regulation of 25 January 2012 ; (Journal of Laws p. 65, 70)
Effective date of the ; last change:	February 28, 2012 ; (third section of January 25, 2012)
Expiry:	May 31, 2014, replaced by the WTPG
	Please note the note on the applicable legal version.

The Baden-Württemberg State Home Law regulated the home law until May 31, 2014.

State Home Law 2008

When the federalism reform came into force in 2006, the federal government's legislative competence in home law was transferred to the federal states despite violent protests from many specialist agencies. The Baden-Württemberg State Home Law was the first state law to replace the nationwide Home Law for its area . Nationwide regulations continue to apply to the home contract , now regulated in the Housing and Care Contract Act (WBVG).

In addition to the State Home Law, in 2010 and 2011 Baden-Württemberg also regulated the minimum structural requirements and the involvement of home residents through ordinances relating to the aforementioned law. Of the nationwide provisions, currently (spring 2012) only the ordinance on the minimum number of staff in homes still applies in Baden-Württemberg.

Law for Supportive Housing, Participation and Care

At the end of July 2012, the state government of Baden-Württemberg approved the cornerstones of a new home law. The comprehensive realignment is already expressed in the name of the law. Instead of the Home Law, it will in future be called "Law for Supportive Housing, Participation and Care (Housing, Participation and Care Act)". In future, “supportive forms of living” will be placed under protection under domestic law. Supportive forms of living are firstly “inpatient facilities” (homes) for older people, adults in need of care and adults with disabilities (as before) and secondly (new) “outpatiently assisted living communities”, including shared apartments for people with disabilities.

Baden-Württemberg's Minister of Social Affairs, Katrin Altpeter , presented the German State Parliament with the Law on Supportive Housing, Participation and Care (WTPG) on May 14, 2014 . The law was passed in the second reading. When it comes into force, the WTPG replaces the State Home Law in Baden-Württemberg. The WTPG came into force on May 31, 2014.

In particular, the regulations on assisted living have been formulated more precisely. Following the nationwide trend, the law tries to differentiate based on the structural dependency of residents on one provider. In addition to the classic inpatient facilities for people with support and care needs as well as people with disabilities, the newly regulated scope of application now basically also includes residential communities with outpatient care. This does not apply to flat-sharing communities with fewer than 12 people who are completely responsible for them, as well as hospitals, day and night care facilities, short-term facilities and medical and occupational rehabilitation services (Section 2, Paragraphs 4, 5, 7, 8).

In Section 2 (6), the law also makes exceptions to the use of assisted living for people of legal age with disabilities or mental illnesses if, in addition to the provision of living space, the support and care services can be freely selected, these do not constitute comprehensive care and they are not contractual with the provision of living space are connected. This also applies to forms of assisted living if, in order to support independence and personal responsibility, in addition to providing housing and basic services, the residents are only additionally obliged to make use of care services to a lesser extent and to combine these services with the basic services to implement the conceptual Target is required.