Rights and requirements for acceptance into a residential (care) facility for senior citizens in the federal province of Salzburg.
General information
The range of residential (care) facilities for senior citizens (also referred to as nursing homes or retirement homes) is primarily aimed at older people who are no longer able to live an independent and self-sufficient life in their previous usual surroundings due to their physical or mental state. Focus is placed on the acceptance of recipients of care allowance from care allowance level 3 upwards. The decision on this care allowance classification is made in the form of a report which must be compiled by a doctor or a qualified nurse. Legal basis:
• Section 25a of the Federal Care Allowance Act (Bundespflegegeldgesetz, BPGG)
• Section 8 of the Classification Ordinance for the Federal Care Allowance Act (Einstufungsverordnung zum Bundespflegegeldgesetz, Einst-V)
• Salzburg Care Act (Salzburger Pflegegesetz, Provincial Law Gazette no 52/2000 as amended)
The services provided by the nursing homes are provided in line with the Salzburg Care Act, whereby they are subject to criteria such as the provision of comprehensive balanced care across regions, equal standards in all facilities, as well as cost transparency and transparent monitoring of cost developments.
Quality assurance is carried out by the federal province of Salzburg as supervisory authority in line with Section 33 of the Salzburg Care Act. Minimum standards (structural, technical, etc.) also apply; these are laid down in the Salzburg Care Act and must be complied with.
Requirements
The following acceptance requirements apply: In principle, access is open but there must be a free place and the person who would like to be accepted must be able to act on their own behalf from a legal perspective or must be represented by an authorised person.
The nursing homes and/or their providers (public or private) can define the criteria by which people are accepted themselves. These ‘home acceptance conditions’ set acceptance criteria for residents whose living requirements as per Section 17(1) of the SSHG (Salzburg Social Assistance Act, Salzburger Sozialhilfegesetz) are to be safeguarded by being accommodated in this institution.
Public providers (municipal or city authorities) usually make acceptance decisions according to a list of priorities, such as the level of care needed, the possibility of home care and support, or the domicile of the applicant.
Previous domiciles are ranked as follows:
(1) according to the domicile of the applicant in the local municipality or in the municipality that co-finances the home.
(2) according to the applicant whose relatives have their main residence in the local municipality.
Where to apply
Homes run by Salzburg city authority:
Magistrat Salzburg–Seniorenbetreuung,
Hubert-Sattler-Gasse 7a,
Tel. +43 662 8072 3242 or 3255,
email: seniorenbetreuung@stadt-salzburg.at
Homes in municipal districts: in the nursing home or local government office
Private homes: in the nursing home
Required documents
Upon acceptance into a home, a legal relationship is established. The substance of this relationship is stated in the contract. This is governed by law in the Consumer Protection Act (Sections 27b to 27i, Section 28a)
Most homes use a pre-printed standard contract. If a resident wishes to add supplementary agreements, these must also be set out in writing. Verbal ancillary agreements have no legal force.
For acceptance, copies must be submitted to the relevant nursing home. For ‘self-payment’, this includes a fully completed application, confirmation of registration, any documents relating to legal power of representation (court order, power of attorney, entry into the Austrian Central Substitute Schedule [ÖZVV], etc.)
For people who, based on their income, are not able to pay the costs, the following documents must be submitted:
For social assistance as per Section 17 form:
• Fully completed Section 17 application
• Confirmation of registration
• Documents relating to legal power of representation (court order, power of attorney, entry into the Austrian Central Substitute Schedule [ÖZVV], etc.)
• Proof of income
• Care allowance notification
Procedure
For ‘self-payers’ (i.e. people who are not claiming social assistance) the acceptance is overseen by the nursing home.
For people whose income is not sufficient to cover the entirety of the home costs and who therefore claim social assistance (legal claim as per Section 17 of the SSHG) acceptance is carried out by the competent district administrative authority following an administrative process with a positive result (home contract is concluded)
Costs and fees
The providers of the nursing homes set the fees.
For people who are claiming social assistance as per the SSHG (Salzburger Sozialhilfegesetz), the Social Assistance and Fee Limit Ordinance (Sozialhilfe-Leistungs- und Tarifobergrenzen-Verordnung) applies; Provincial Law Gazette no 38/2002 as amended
Deadlines
Social assistance can only be granted from the month in which the claim is filed.
Legal bases
• Salzburg Care Act This regulates the specific requirements (minimum standards) for homes. Law gazette: Provincial Law Gazette no 52/2000 as amended
• Salzburg Social Assistance Act (Salzburger Sozialhilfegesetz): This regulates the services and/or the claim for social assistance, Provincial Law Gazette no 19/1975 as amended in conjunction with
• Guidelines for the construction, furnishing and operation of nursing and retirement homes (housing communities, nursing homes) and day centres (Provincial Law Gazette no 61/2015 as amended)
• Social Assistance Benefits and Fee Limit Ordinance (Sozialhilfe-Leistungs- und Tarifobergrenzen-Verordnung); Provincial Law Gazette no 38/2002 as amended
• Healthcare Act (Gesundheits- und Krankenpflegegesetz, GuKG): This law regulates the standards and practice of care staff: Federal Law Gazette no 108/1997
• Nursing Home Residence Act (Heimaufenthaltsgesetz): This regulates the legal requirements for setting measures restricting freedom. Law gazette: Federal Law Gazette No 11/2004 as amended
• Residential Home Contracts Act (Heimvertragsgesetz): This regulates all matters relating to the establishment and termination of contracts. The Residential Home Contracts Act is part of the Consumer Protection Act. Law gazette: Federal Law Gazette No 12/2004 as amended
Full list: https://www.salzburg.gv.at/soziales_/Seiten/soziales_recht.aspx
Means of redress or appeal
All laws (federal and provincial law) can be accessed at www.ris.bka.gv.at.
Further information
General information about acceptance into a nursing home is also issued by the care advisory service run by the Salzburg provincial authority:
Fanny-von-Lehnertstr. 1,
5020 Salzburg,
Tel: +43 662 8042 3533
pflegeberatung@salzburg.gv.at,
https://www.salzburg.gv.at/soziales_/Seiten/pflegeberatung
Competent authority
• Nursing home (provider)
• District administrative authority for procedure as per Section 17 of the SSHG
• Salzburg provincial authority, Sozialabteilung, Ref 3/01 Pflege und Betreuung, Fanny-von-Lehnertstr. 1, 5020 Salzburg
• Patientenanwaltschaft, Michael-Pacherstr. 36, 5020 Salzburg
Authentication and signature
No data available
Assistance and problem-solving services
Pflegeberatung Land Salzburg
Fanny-von-Lehnertstr. 1
5020 Salzburg
Tel.: +43 662 8042 3533
Email: pflegeberatung@salzburg.gv.at
https://www.salzburg.gv.at/soziales_/Seiten/pflegeberatung
For the Salzburg city authority:
Seniorenbetreuung des Magistrats
Hubert-Sattler-Gasse 7a
Tel.: +43 662 8072 3243
Email: seniorenberatung@stadt-salzburg.at
Web: www.stadt-salzburg.at/seniorenberatung
Link to form
https://service.salzburg.gv.at/formserver_egov/start.do?event=view&id=eg_0187_V1_0
Responsible for the content
Amt der Salzburger Landesregierung [Office of the Salzburg Provincial Government]
Sozialabteilung, Ref 3/06
Fanny-von-Lehnertstr. 1,
5020 Salzburg
Data protection
Land Salzburg – General data protection declaration
Last update
08.06.2021