Care Quality Assurance Act
| Basic data | |
|---|---|
| Title: | Law on quality assurance and strengthening consumer protection in care |
| Short title: | Care Quality Assurance Act |
| Abbreviation: | PQsG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| Issued on: | September 9, 2001 ( BGBl. I p. 2320 ) |
| Entry into force on: | January 1, 2002 |
| GESTA : | M032 aF |
| Please note the note on the applicable legal version. | |
The Eleventh Book of the Social Security Code (SGB XI, Social Care Insurance ) was extensively amended and supplemented in Germany with effect from January 1, 2002 through the Care Quality Assurance Act (PQsG) . In particular, provisions on quality assurance and regulations for the protection of those in need of care were added to SGB XI in Chapter 11 (Sections 112 to 120). The law was passed on June 21, 2001 by the Bundestag and on July 13, 2001 by the Bundesrat . The declared aim was to secure and further develop the quality of care and to strengthen the consumer rights of those in need of care. In the meantime, parts of the changes have been revised again by the PQsG, especially by the Care Development Act of May 28, 2008.
In order to achieve the desired quality assurance of care, all outpatient, semi-inpatient and inpatient care facilities were obliged for the first time to introduce an in-house quality management system by the end of 2003 at the latest ( Section 80 (1) SGB XI or Art. 1 No. 8 PQsG) and at least every two Years to provide proof of performance and quality ( § 113 SGB XI or Art. 1 No. 23 PQsG). A remuneration agreement could only be concluded with the payers if this obligation was fulfilled.
At the same time, it was still possible to check the services provided and their quality by means of individual tests, sample tests and comparative tests (previously Section 80 (2) SGB XI, now Section 112 (3) SGB XI or Article 1 No. 23 PQsG) . For this purpose, the access rights of the Medical Service of the Health Insurance (MDK) to the care facilities have been specified (Section 114 (1) SGB XI as amended by the PQsG, since July 1, 2008 in Section 114a SGB XI) and - in the inpatient area - cooperation with funded by state home supervision.
To strengthen the personal responsibility of the care self-administration, the providers of the part-time and full in-patient care facilities were obliged, together with the care rate agreement, to conclude service and quality agreements (LQV) with the service providers in which the services expected by the care facility according to the structure and the expected development of the to and the necessary personal and material requirements should be contractually secured ( Section 80a SGB XI / Art. 1 No. 9 PQsG). However, the LQV did not prove itself as an independent contract type, so that it was removed from long-term care insurance law on July 1, 2008 by the Long-Term Care Development Act of May 28, 2008. Some components were included in the remuneration agreements to be concluded on a regular basis (see Section 84 (5) and (6) XI).
See also
Individual evidence
- ↑ Bundestag printed paper 456/01 (PDF; 1.1 MB)
- ↑ Bundesrat printed matter 456/01 of June 22, 2001 (PDF; 1.1 MB); Retrieved October 19, 2011.
- ↑ Draft law of the federal government of February 23, 2001, Bundestag printed paper 14/5395 (PDF; 298 kB)
- ↑ Law on the structural development of long-term care insurance - Long-term care development law of May 28, 2008 ( Federal Law Gazette I p. 874 )
- ↑ Jutta König: What the PDL needs to know: the somewhat different quality manual in elderly care . 3. Edition. Schlütersche Verlagsgesellschaft, Hanover 2007, ISBN 978-3-89993-173-0 , p. 15 (339 p., Limited preview in Google Book search).
