Dienstleistungsportal Bayern

Description

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.

Required documents

• The following documents may be submitted with the application:

  • Supply agreement pursuant to § 72 (1) SGB X (if not yet submitted in the previous year)
  • Remuneration agreement pursuant to § 85 or § 89 SGB XI (if not yet submitted in the previous year)
  • List of facilities and subsidies in accordance with § 4 Para. 1 No. 3 and § 4 Para. 2 of the Ordinance on the Accounting and Bookkeeping Obligations of Nursing Care Facilities (Nursing Care Accounting Ordinance - PBV)
  • Notices of funding or proof of third-party funding received, e.g. from the German TV lottery
  • Occupancy statistics (average occupancy in the last three years before application)
  • Annual financial statement

Forms

• Form, Bavaria-wide: Antrag auf Zustimmung zu den gesondert berechenbaren Investitionsaufwendungen nach § 82 Abs. 3 und 4 SGB XI, i.V.m. §§ 74 ff AVSG für ambulante Pflegedienste

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

• Form, Bavaria-wide: Antrag auf Zustimmung zu den gesondert berechenbaren Investitionsaufwendungen nach § 82 Abs. 3 SGB XI, §§ 74 ff AVSG i. d. Fassung v. 14.12.2021 (für nach dem Landesrecht geförderte stationäre Einrichtungen)

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

• The exemption from costs results from § 64 Social Code X.

Legal bases

• § 82 Sozialgesetzbuch (SGB) - Elftes Buch (XI)
• §§ 74 ff. der Verordnung zur Ausführung der Sozialgesetze (AVSG)
• Art. 78 ff. Gesetz zur Ausführung der Sozialgesetze (AGSG)

Remedy

Objection, social court action

Related issues

• Outpatient care services; application for municipal funding.