Home contract
The residents of a home or other forms of accommodation (with nursing or care facilities) have certain rights, which are regulated in the respective home contract. The future home resident concludes it with the operator of the home.
Since October 1, 2009, details of home contracts and care contracts have been governed by the Residential and Care Home Contracts Act, which applies throughout Germany. It is irrelevant whether you live in a retirement home, nursing home or home for the disabled.
Other regulations relating to homes, such as minimum structural and staffing requirements, are regulated by the federal states in state laws.
Home supervision
The home supervisory authority checks whether the homes adhere to the specified quality requirements. It is a matter for the federal states and therefore works differently from state to state. The home supervisory authority responsible for the respective home must be named in the home contract. In addition, a list can usually be obtained from the respective social welfare office; this lists which authority is responsible for the supervision of a particular home.
As a matter of principle, the home supervisor inspects every home at least once a year. The inspections may be announced or unannounced at any time.
Right to have a say
Even though the home operator makes all the important organizational decisions – the residents have an opportunity to have their say. This is done through one of three representative bodies: home advisory board, home advocate or substitute body. The home management must discuss all important planned changes with the respective resident representative body well in advance.
Home advisory board
In addition to the residents, relatives and other trusted persons can be elected to the home advisory board. Together they suggest changes, pass on complaints from residents and help new residents settle in.
The home’s advisory board must also be involved in compensation negotiations and in negotiations on service and quality agreements. It is also involved in quality assurance and in monitoring by the home supervisor.
The home management must involve the home advisory board in the following situations, among others:
- Elaboration of home model contracts
- @ Drawing up the home rules and regulations
- Events for the residents
- Structural changes
- Promoting the quality of housing, care and food services
Home advocate
If a home cannot find at least three volunteers who work together to form a home advisory board, a single elected home advocate performs the appropriate duties instead. This is a volunteer position that a resident, relative or caregiver of a resident can take on. The home advocate remains in office only until a new home advisory board is elected again.
Substitute Board
An alternative to the home advocate is the substitute committee. It can be made up of relatives, caregivers and representatives of senior citizens’ or disabled people’s self-help groups. Like the substitute committee, the home advocate has the same duties and rights as the home advisory board. It is mainly called upon when the residents are almost exclusively people in need of severe care or dementia patients who cannot speak for themselves.
Conclusion of the nursing home contract
The contract must explicitly list the options for consultation and complaints (home supervisory authority) with details of the contact addresses. Beyond the minimum legal requirements (such as protection of residents or agreements with social welfare agencies), residents can negotiate the content of the contract. In no case are they obliged to accept the home contract unchanged. Additional regulations in favor of the residents are usually not objected to by the home supervisory authority.
Contents of the home contract
Every home contract must describe the home’s services in detail. This includes, for example, the care model, the scope of activating and rehabilitative measures, as well as medical care and employment opportunities. It must also be noted which services are provided by external service providers. The premises and the possibilities for use are described, for example where meals are available, whether there is an elevator and whether pets are allowed.
The contract contains information on housekeeping services, meals, care services, available aids and the individually agreed additional services. Make sure that the services and living conditions are described as precisely as possible. Services that are not included in the nursing home contract cannot be claimed afterwards – except for an increased fee.
The costs for the home stay must also be clearly stated in the contract: What services are included and where can additional costs arise? Residents must be able to estimate what financial burdens they will face if they make use of the respective additional service. It is equally important to know what share of the costs will be covered by long-term care insurance if they are already in need of care.
The fees for care, including nursing, accommodation, meals and other services must be stated separately. The home operator must notify and justify increases in charges four weeks before they take effect. Differentiation of the home fees according to cost units is not permitted.
Inadmissible clauses
Home rules are similar to house rules. The home operator draws them up in consultation with the home advisory board. The content must comply with the Home Act.
Often the home rules are also a part of the home contract. In this case, the home operator may not change the home rules without the residents’ consent: Clauses in the home contract stating that the home rules in their currently valid version are part of the home contract are invalid.