Home residents - the rights

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What rights do home residents have? What should and must be in a home contract? Which clauses are inadmissible? You can find everything you need to know about the rights of residents of old people's homes and nursing homes here.

Home contract

The residents of a home or other forms of accommodation (with nursing or care facilities) have certain rights that are regulated in the respective home contract. The future resident concludes it with the operator of the home.

Since October 1, 2009, details of home and care contracts have been regulated by the nationwide Housing and Care Contract Act. It does not matter whether you live in an old people's home, old people's home, nursing home or home for the disabled.

Other regulations under secret law, for example on the minimum equipment in terms of construction and personnel, are regulated by the federal states in state laws.

Home supervision

The home supervisor checks whether the homes adhere to the specified quality requirements. It is a matter for the federal states and therefore works differently from country to country. The home supervisor responsible for the respective home must be named in the home contract. In addition, a list can usually be requested from the respective social welfare office; there it is recorded which authority supervises a particular home.

Home care workers include administrators, social workers and caregivers. In addition to their control function, they advise residents and those interested in moving in, home advisory councils, home advocates, but also the home operators. They can find out about questions relating to the home contract and the home regulations, but also about complaints or participation in the home organization.

The home supervisor checks every home at least once a year. The exams can be registered or unregistered at any time.

Right to have a say

Even if the home owner makes all the important organizational decisions - the residents have an opportunity to have a say. This happens through one of three representative bodies: home advisory board, home advocate or substitute committee. The home management must discuss all important planned changes in advance with the respective residents' representatives.

Home Advisory Board

In addition to the residents, relatives and other confidants can be elected to the home advisory board. Together they suggest changes, pass on complaints from residents and help new roommates to settle in.

The home advisory board must also be involved in the remuneration negotiations and in the negotiations on performance and quality agreements. He is also involved in quality assurance and monitoring by the home supervisor.

The home management must involve the home advisory board, among other things, in the following situations:

• Elaboration of home model contracts
• Establishing the home order
• Change in home costs
• Events for residents
• Structural changes
• Promotion of the quality of accommodation, care and food

Home advocate

If a home does not have at least three volunteers who jointly form a home advisory board, a single elected home advocate takes on the relevant tasks instead. It is a voluntary activity that a resident, relative or carer of a resident can take on. The home advocate only remains in office until a new home advisory board has been elected.

Replacement body

An alternative to the home advocate is the substitute board. It can be composed of relatives, carers and representatives of senior or disabled self-help groups. The home advocate - like the substitute committee - has the same tasks and rights as the home advisory board. It is mainly used when the residents are almost exclusively in need of care or with dementia who cannot speak for themselves.

Conclusion of the home contract

The new resident concludes a home contract with the home provider. This records the rights and obligations of both sides. The Housing and Care Contract Act and the corresponding state regulations provide the framework that every home contract must contain. Every future resident has the right to find out about the content of the contract in writing in good time before the contract is concluded (e.g. by means of a sample contract). The person concerned should be able to familiarize himself with the content in peace and, if necessary, consult people he is familiar with. Numerous consumer protection organizations as well as the Federal Representation of Residents' Interests (BIVA) offer advice on home contracts.

In the contract, the options for advice and complaints (home supervision) must be explicitly listed along with 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. The home supervisor usually does not object to additional regulations in favor of the residents.

Content of the home contract

Every home contract must describe the home's services in detail. These include, for example, the nursing mission statement, 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 rooms and the possibilities of use are described, for example where there is food, whether there is an elevator and whether pets are allowed.

The room or apartment must be specifically named, stating the location in the house and the size. The equipment of the accommodation and the ancillary costs are also listed in detail. This should also state which personal furnishings the resident is allowed to bring into the new residence.

The contract contains information on housekeeping services, meals, care services, available aids and the individually agreed additional services. Make sure that the benefits and living conditions are described as precisely as possible. You cannot claim retrospectively for services that are not included in the home contract - except for an increased fee.

The costs for the home stay must also be clearly visible in the contract: What services are included and where can additional costs arise? The residents must be able to estimate the financial burdens they will face if they make use of the respective additional service. Just as important is the proportion that long-term care insurance covers if you are in need of care.

The fees for care, including care, for accommodation, meals and other services must be stated separately. The home provider must notify and justify the fee increases four weeks before they take effect. A differentiation of the home fees according to cost bearers is not permitted.

Inadmissible Clauses

An obligation to participate in religious events contradicts the basic right to the free practice of religion and is therefore ineffective. In addition, home residents - like everyone else - can choose the doctor and pharmacist they trust. Corresponding specifications or restrictions by the home management are not permitted. The residents decide whether they want to be treated by a contracted doctor of the home or by their previous doctor.

Home rules are similar to house rules. The home sponsor develops them in consultation with the home advisory board. The content must comply with the Home Law.

Often the home order is also part of the home contract. Then the home provider may not change the home regulations without the consent of the residents: Clauses in the home contract, according to which the home regulations in their currently valid version are part of the home contract, are ineffective.

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