Residential care home/nursing home - notification of start of operations, changes, or closure

German version

General information

Homes are facilities where at least three people are housed permanently or for a determined period of time, receive support and, if necessary, nursing care, and may also be treated by a physician.

The Vienna Residential Care and Nursing Home Act is applied to residential homes for elderly people in need of assistance, nursing homes for people in need of assistance and nursing care, and to nursing wards. Nursing wards are attached to residential care homes and provide nursing care.

The operator must notify the Vienna City Administration in advance of the following planned measures:

  • Start of operations
  • Expansion of the services
  • Considerable reduction of services
  • Other significant changes, such as, in particular, changes to the range of services
  • Closure of the facility

Data protection

For information on data protection and your data protection rights as an individual please visit: Data Protection Notice (German)

Requirements

Pursuant to the Vienna Residential Care and Nursing Home Act, a care or nursing home must guarantee the following:

  • Ensuring adequate support and, when necessary, nursing care for the residents
  • Preserving the human dignity, privacy, individuality, autonomy and self-reliance of the residents
  • Safeguarding the residents from any infringement of their personal, physical, mental, social, or economic interests and needs
  • Safeguarding the structure of such homes in terms of staff, facilities and equipment
  • Special consideration for the specific needs of elderly women and elderly men

Deadlines

The notification must be filed three months before the start of the planned measure enclosing all necessary documents.

Contact

Social Welfare, Social and Public Health Law (MA 40) (German)
Section Nursing Home Supervision
1030 Vienna, Thomas-Klestil-Platz 8
Phone: +43 1 4000-40771
Fax: +43 1 4000-99-40779
E-Mail: heimaufsicht@ma40.wien.gv.at

Opening hours: Monday to Friday 7.30 am to 3.30 pm
Appointments can be made by phone.

Procedure

  • The operator notifies the City Administration of the planned measure in writing enclosing all necessary documents.
  • The authorities examine the notification and the complete documents to determine whether the operation, expansion, reduction or change of the facility or services is admissible or cannot be permitted.
  • The measures for which the notification has been made are admissible if the authority does not prohibit the measures within three months of receipt of the notification and all required documents, and stipulate adequate tasks and changes to be made that are absolutely necessary for health, organisational, staff, technical, or security reasons.
  • The measure (start of operations, expansion, considerable reduction of services, or any other significant changes) will be prohibited by the authority within three months of receipt of the notification and all required documents if the opening or continued operation of the facility would not satisfy the regulations of the Vienna Residential Care and Nursing Home Act.

Authentication and signature

Authentication or signature of the application is not required.

Documents required

  • Details on the operators and any persons acting on their behalf (e.g. excerpt from the register of associations (German), excerpt from the company register (German), partnership agreement, etc.)
  • Details on the trustworthiness of the operators and the persons acting on behalf of the facility (police clearance certificate no older than three months of the managing director, board of directors, or managing secretary) (German)
  • Documents relating to the ownership or other rights to use the property
  • Scale building plans by a building expert
  • Building specifications
  • Description of the facility and services including the following information:
    • Legal entity operating the facility
    • Type of home and its dedication to that purpose
    • Degree of care required by the prospective clients
    • Requirements for the admittance of persons with physical or mental impairments
    • Standards for assistance, nursing care, and medical care
    • Range of care, medical, therapeutic, psychological and psychotherapeutic services
    • Furnishing of the home, in particular of the residential and care units
    • Number of beds and their distribution across the residential and care units
    • Quality assurance measures
  • Rules for the facility including the following information:
    • Regulations on the procedures of admission and discharge of residents
    • Regulations on internal organisational procedures, which must be focused on the needs of the residents
    • Regulations on the competences of the persons working at the facility
    • Regulations on the participation of the residents
    • Regulations on the availability of the management and the head of nursing service
    • Other regulations necessary for the adequate operation of the facility
  • Staff plan including the following information:
    • Organisation of the management
    • Organisation of the nursing service
    • Staff plan showing the number, working hours (full and part-time work) and the functions and qualifications of all people providing care, nursing, and therapy in the facility
    • Job descriptions of all important functions in the facility
    • Personnel development measures regulating the type and extent of further training measures
    • Details on the type and extent of psychological supervision for the employees
  • Nursing care plan including the following information:
    • Description of nursing care as relates to the description of the facility and services
    • Overall nursing concept (general guidelines)
    • Nursing models and concepts on which it is based
    • Implementation of the nursing models and concepts on which it is based
    • Organisational and operational structure of nursing care
  • Medical and therapeutic plan
    • Medical care:
      • Names of the physicians who developed it and their availability
      • Description of the offered medical care as relates to the description of the facility and services
      • Number of physicians in private practice near the facility and their availability
      • List of doctors working at the facility (if any), their professional training and availability
      • Emergency programme pursuant to Art. 12 Vienna Residential Care and Nursing Home Act
    • Provision of therapeutic measures by professionals of higher-level medical-technical services:
      • Names of the physicians who developed the plan and their availability
      • Description of therapeutic care as relates to the description of the facility and services
      • List of therapists in private practice near the facility and their availability
      • List of therapists working at the facility (if any), their professional training and availability
  • Inspection certificates for medical-technical equipment and technical installations issued by professional authorised persons
  • Documentation showing that a completion notice by the building authority has been issued

If the notification concerns the expansion or considerable reduction of the services or the facility, or if there are other significant changes, the operator must include any documentation necessary for the evaluation of the planned measure.

The operator must inform the authority of a considerable reduction of services or the closure of the facility no later than three months before the event and submit a written statement describing how the residents will be cared for in the future.

Type and format of the evidence to be submitted:
You can find more information about bringing in documents at: Contact the City of Vienna (German)

Fees

None

Form

Online forms:

Further information

The institution is under official supervision. The competent authority is the Vienna City Administration.

Legal basis:

Means of redress or appeal

An appeal is possible against rulings issued by an authority and shall be filed by the party within a 4 weeks term with the authority that issued the ruling of first instance (against rulings without investigation procedure within a two weeks term). The term starts with the receipt of the written copy of the ruling, in the case of oral pronouncement simultaneously with it.

The appeal shall indicate the ruling it contests, the authority that issued the ruling and contain a motion of appeal with the reasons. No more appeal is admissible if the party expressly waived the right of appeal after receipt or pronouncement of the ruling.

Each ruling contains instructions on the right to appeal and indicates the authority and the deadline for submission of such appeal.

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Last update

12. Dezember 2020

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