No 19/2005
Federal Court decision on nursing home contract clause, the accommodation and food
The plaintiff Consumers' Association demanded that the defendant, a home support, the failure and use of a contract clause stating that the fee for room and board - no breakdown for each per-formance - in a uniform amount will be given to take in home care contracts with residents, the benefits of inpatient care in accordance with the statutory long term care insurance. The district court has upheld an injunction of the use of this clause directed action. The appellate court considered the clause to be admissible and dismissed the action.
The others responsible for the service contract law III. Civil Division of the Federal Court dismissed the revision of the Consumer Protection Association. He has since 1 January 2002 applicable provisions of § 5 para 3 sentence 3 HeimG indeed seen that in the nursing home contract the services of the carrier, in particular the nature, content and scope of the Housing, food and care, including their need to be listed separately on accommodation, meals and support net of fees. In that regard, he underlined the concern of the legislature to improve the transparency of home contracts, and to enable the candidate to a dormitory room in the condition, performance and fees compare to the competition with each other standing homes and an overview of the reasonableness of the fees and remuneration elements to give. He has, however, must consider, on the other hand, that which applies to recipients of statutory long special measures to ideas of transparency have not been included, so that a home support can not be banned, as after the 31 indicate December 2001; law, the fee for room and board in a uniform, not allocated amount. According to § 5 para 5 HeimG must be in line in contracts with recipients of care type, content and scope of in § 5 para 3 HeimG those services and the related charges to the provisions of the insurance. These rules will protect consumers in the sense that the nature and scope of the general care and services for accommodation and meals and the amount of this consideration to be paid to the protection of residents not individually, but be negotiated with the Lei-stungsträgern that occur in so far as agents of care. The agreements, which show after the amendment of the home law and the Eleventh Book of the Social Code by the Care Quality Assurance Act has remained unchanged provision of § 87 SGB XI uniform amounts for room and board are not only for nursing homes as a contractor, but also for the binding in the home care supplied. With this bond, it is not in line when the home carrier in terms of § 5 para 3 sentence 3 HeimG would break down from the uniform amount of at will. Conversely, the service providers - And any arbitration which may be called the failure of the financial statements of compensation agreements - without a change in the terms of the care insurance law are not required to break down the charges for room and board.
Judgement of 3 February 2005 - III ZR 411/04
LG Lüneburg - 4 O 4 / 03 /.. OLG Celle - 13 U 194/03
Karlsruhe, 3 February 2005
press office of the Federal
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