Humanitarian Aid Foundation for people infected with HIV through blood products

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The Humanitarian Aid Foundation for people infected with HIV through blood products is a legally competent federal foundation based in Bonn . It was established as a foundation under public law by the law on humanitarian aid for people infected with blood through blood products (HIVHG) of July 24, 1995 and is subject to the supervision of the Federal Ministry of Health. The auditing authority is the Federal Audit Office . The most recent amendment to the law took effect on January 1, 2019 through Article 6a of the Act to Update the Regulations for Blood and Tissue Preparations and to Change Other Regulations (BlGewVFG).

The founding of the foundation was a consequence of the so-called blood products scandal of the early 1980s, which the parliamentary committee of inquiry " HIV infections through blood and blood products" of the German Bundestag was set up to clarify in 1993 . One of his tasks was to investigate the occurrence of HIV transmission through blood and to make proposals for state compensation or humanitarian aid for the infected people. The committee of inquiry presented its final report in October 1994.

Foundation purpose

According to § 1 HIVHG, it is the purpose of the foundation, "for humanitarian and social reasons and independently of previously rendered compensation and social services to people who are directly or indirectly infected with the human immunodeficiency virus ( HIV ) or as a result of it with AIDS through blood products , and to provide financial assistance to their dependents. "

Benefactor

The foundation's funds were raised by the federal government, the federal states, the German Red Cross and the pharmaceutical companies Bayer AG , Immuno GmbH, Behringwerke AG , Baxter Deutschland GmbH , Armor Pharma GmbH and Alpha Therapeutics GmbH. 100 million DM come from the federal government; 90.8 million DM from pharmaceutical companies; 9.2 million DM from the blood donation services of the DRK and 50 million DM from the federal states. It was soon foreseeable that the foundation's assets would shortly be used up and thus the foundation would have to be dissolved in accordance with the statutes. Therefore, in 2017, Article 6a of the Act to Update the Regulations for Blood and Tissue Preparations and to Change Other Regulations (BlGewVFG) changed the source of the benefits so that the funds for financial aid now only have to be raised from the federal budget .

Benefits according to § 16 HIVHG

The foundation's services are not offset against other services from public funds and are not taken into account when determining income and assets as required by law. In the first versions of the law, the benefits were limited in terms of amount and duration as follows: According to Section 16 HIVHG, those infected with HIV receive a monthly benefit of EUR 766.94, AIDS sufferers receive EUR 1,533.88 without checking their income or other economic conditions. After the death of the infected person, children receive 511.29 euros per month until they complete their vocational training, at the latest until they reach the age of 25. Spouses receive 511.29 euros per month if the infected person died when the HIVHG came into force. The payments end at the end of the fifth year after the start of the payments. In 2017, with effect from July 1, 2019, Article 6a of the BlGewVFG dynamically linked benefits to the pension level and lifted some time restrictions.

Organs of the foundation

The foundation bodies are the foundation board, foundation council and medical commission.

The Foundation Board currently consists of Ute Braun (Chair), Stefan Breuer and Horst Schmidbauer .

The nine-member board of trustees as a supervisory body consists of two representatives from the German Bundestag , representatives from the federal states, the German Red Cross , the haemophilia associations, the Federal Ministry of Health and the pharmaceutical industry.

Jens Spahn ( CDU ) , a member of the Bundestag, is the chairman of the Board of Trustees as a representative of the German Bundestag .

Web links

Individual evidence

  1. ↑ a b Article 6a of the BlGewVFG (PDF)
  2. ↑ a b Synopsis of all changes to the HIVHG on January 1, 2019
  3. ^ German, Erwin The law on humanitarian aid for people infected with HIV through blood products, in: NJW 1996, pp. 756f., 756.