Nursing facilities and nursing services; requesting approval to allocate separately billable capital expenditures.
Inpatient care facilities and outpatient care services must apply for approval to allocate separately billable capital expenditures required for operations if the facilities have received public funding (e.g., state, municipality).
Description
Inpatient care facilities and outpatient care services can separately charge those in need of care for necessary operating capital expenditures that are not fully covered by public funding.
Subsidized inpatient care facilities and outpatient care services require the approval of the relevant government to do so.
Non-subsidized inpatient care facilities and outpatient care services are required to notify the responsible government of the amount of the investment cost.
Prerequisites
A separate calculation of the investment expenses specified in Section 82 (3) Sentence 1 of the German Social Code, Book XI can only be made insofar as these are necessary for operation and are not fully covered by allocations and subsidies from the public sector (public funding) or grants from third parties.
The operators of the care facilities are obliged to apply in due form and time in particular for eligible subsidies from the state, municipalities and municipal associations as well as other legal entities under public law and to make use of the possibilities of tax deductions and depreciation.
Procedure
Applications are submitted to the government responsible in each case. The relevant calculation bases are derived from Sections 75 and 77 of the Ordinance on the Implementation of Social Security Laws (AVSG).
Special notes
The entire procedure is governed by sections 74 to 79 of the AVSG.
Deadlines
Insofar as capital expenditures are to be charged separately to those in need of care, a corresponding application must be submitted prior to invoicing. In the case of an existing consent order, the application must be submitted in good time before the end of the term.
If applicable, consent shall be granted with effect from the first of the month following the month in which the application is made.
Fees
- The exemption from costs results from § 64 Social Code X.
Remedy
Objection, social court action
Status:12.09.2023
Responsible for editing:Bayerisches Staatsministerium für Gesundheit und Pflege
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