Facility-based immunization requirement; notification if proof is not provided or if authenticity or accuracy of content is in doubt

Since March 16, 2022, a facility-based vaccination requirement has been in effect in medical and nursing facilities. If no legal proof is presented or if there are doubts about the authenticity or accuracy of the content, this must be reported to the health department.

Description

Managers of facilities and businesses subject to the facility-based vaccination requirement must notify the health department of individuals working in their facility or business if they have not submitted legal proof by the end of March 15, 2022, or if there is doubt about the authenticity or content accuracy of the proof.

Individuals working in certain facilities or businesses since March 16, 2022, must either be vaccinated against COVID-19, recovered from infection with SARS-CoV-2 virus, or provide a physician's certificate stating that they cannot be vaccinated against COVID-19 due to a medical contraindication. You can use "Related Links" to determine which individuals or activities are subject to the requirement to provide proof.

Individuals already working in affected facilities and businesses.

If the proof is not submitted by the end of March 15, 2022, or if there are doubts about the authenticity or accuracy of the content of the proof submitted, the management of the respective facility or company must immediately notify the responsible health office and forward the required personal data to the health office.

The competent health office is the one in whose district the respective facility or the respective company is located and the activity is carried out on a regular basis.

For persons entitled to benefits (budget recipients) who employ persons within the framework of a personal budget according to § 29 SGB IX, the health office of the budget recipient's place of residence is responsible.

Persons who want to start working in an affected facility or company after March 15, 2022.

A person who has not submitted proof before starting his or her activity may not be employed or work in the affected facilities and companies.

Prerequisites

Notification to the health department is required if persons already working in the facilities and companies concerned have not submitted proof of vaccination, proof of convalescence or a medical certificate, or if there are doubts about the accuracy of proof in the case of both existing and new employees.

Also, to the extent that a proof loses its validity due to the expiration of time as of March 16, 2022, persons working in the affected facilities or enterprises shall submit a new proof to the respective management within one month after the expiration of the validity of the previous proof.

If the new certificate is not submitted within this month, or if there are doubts about the authenticity or accuracy of the content of the certificate submitted, the facility or company management must also notify the health authority.

Procedure

The management of the facility or company must notify the responsible health office and forward the required personal data to it. The notification to the health office is to be made via the digital reporting portal, but may also be made by mail in exceptional cases.

The health office will investigate the case and first offer the person vaccination counseling and then ask for the submission of the relevant proof.

The person concerned is obliged to present the relevant proof to the competent health office upon request. If there is doubt about the authenticity or accuracy of the content of the medical certificate of a contraindication, the health department may order a medical examination to determine whether the person concerned cannot be vaccinated against COVID-19 due to a medical contraindication.

If the request for proof is not complied with within a reasonable period of time, or if the affected person does not have the medical examination ordered by the health department, the health department may ban the affected person from entering the affected facilities and businesses or prohibit the person from working in such facilities and businesses.

Managers of facilities or companies who fail to notify the public health department, fail to notify it correctly, fail to notify it completely or fail to notify it in a timely manner, and who employ a person in violation of an ordered ban on employment, are acting in violation of regulations pursuant to Section 73 (1a) No. 7e) and g) of the Infection Protection Act. Any person who fails to submit proof at the request of the public health department, or fails to do so correctly, completely or in a timely manner, or who works contrary to a ban on employment, or who fails to comply with an enforceable order of the public health department, commits an administrative offense pursuant to Section 73 (1a) Nos. 7f) through h) of the Infection Protection Act. In this case, an objection and an action for annulment against an order for a medical examination or against a ban on entering or working have no suspensive effect.

Deadlines

The management of the facility or company must immediately notify the responsible health department.

Processing time

The duration of the administrative procedure depends on the individual case. It usually takes several months before a ban on entry or activity is issued due to the staged administrative steps.

Required documents

  • On the part of the facility or company management:

    No documents required, only transmission of the required personal data of the data subject.

  • On the part of the person concerned:

    • proof of vaccination or recovery
    • medical certificate
    • if necessary statements

Online procedures

  • Bayerisches Meldeportal für Immunitätsnachweise "BayImNa"

    Institutions and companies that are required to report should use the online form provided by the Bavarian State Ministry of Health and Care in the reporting portal to submit the report to the health department.

    An ELSTER certificate is required for the notification. If you are requested by the health office to submit your evidence, then the health office will inform you of the link or the QR code for submitting the evidence documents. Only then will you have the option to easily and securely upload your documents to the reporting portal.

    IMPORTANT NOTE: If the establishment of the facility or company is located in the area of responsibility of the Health Department of the City of Munich and the activity is regularly carried out here, the notification must be submitted via the reporting portal of the City of Munich (https://stadt.muenchen.de/infos/corona-infoportal-muenchen#Impfpflicht).

Fees

  • none

Remedy

Appeals against decisions of the health authority can be filed with the competent administrative court. Appeals against an order issued by the health authority to conduct a medical examination or a ban on entering the premises or engaging in activities do not have a suspensive effect.

Status: 24.04.2022

Responsible for editing: Bayerisches Staatsministerium für Gesundheit und Pflege

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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