Service providers of integration assistance

Disability assistance in Germany is undergoing a far-reaching process of adaptation. Based on the impetus and pressure to act from the UN Convention on the Rights of Persons with Disabilities, social policy has significantly changed the legal and operational principles on which institutions have based their services for people with disabilities and aligned their strategies in recent decades. The inclusion process alone has led to far-reaching structural changes in the existing service and provision landscape. The concepts of decentralization, normalization and the right to choose are not just an expression of a socio-political stance. Rather, they radiate into all areas of the service providers' businesses and require adjustments at all levels of the organizations. Finally, in recent years the legislator has adapted the entire regulatory framework to this change and strengthened the position of clients in terms of consumer protection. The implementation of these political requirements alone, and in particular the refinancing of the resulting investment and administrative costs, has been a major challenge for the conceptually very differently oriented disability care providers for some time now.

With the new Federal Participation Act and the accompanying dissolution of the previous structure of inpatient facilities, the future so-called "service providers" of disability assistance are confronted with an additional, far-reaching change to the service system in integration assistance. The separation of specialist services and benefits for living expenses, which has been introduced in several reform stages since 01.01.2017, the associated elimination of the legal category of "(partial) inpatient facility", the fundamentally reformed contract law between service providers and funding bodies, the redefinition of specialist services, new remuneration systems, future effectiveness checks and the new overall plan procedure are just a few examples.

Furthermore, the providers of assistance for the disabled must adapt their existing buildings to the modern requirements of home construction law and, in particular, align their new construction and overall corporate planning with the new financing principles of the BTHG, which in turn requires great financial effort and legal support for the providers.

Our consulting focus in the area of assistance for the disabled:

  • Advising facility providers on the implementation of modern home building law requirements in the facility properties in accordance with the LHeimBauVO (if necessary, in cooperation with architects). Supporting application procedures and implementation processes in cooperation with the home supervisory authorities.

  • Advice on the strategic orientation of provider organizations with regard to the Federal Participation Act (new forms of housing and their refinancing, definition and remuneration of specialist service groups and flat rates, overall plan procedures, etc.). Supporting providers with the "transition" to the new system in the areas of housing, care, education and work.

  • Advice and support in benefit and remuneration negotiations under both new and old benefit legislation and in negotiations on the transition to the new benefit and billing system.

  • Advice on drafting the future contracts required under the Federal Participation Act in the new system between service providers, clients and funding bodies.

  • Advice on the adaptation of organizational structures in the field of disability assistance under company law, taking into account non-profit law.

  • Advice on benefits and regulatory law for providers of assistance for the disabled with their own and special care departments (keyword: internal differentiation).

  • Advice on the establishment and organization of (provider-managed) outpatient assisted living communities and assisted living facilities.

  • Advice on housing and care contract law (WBVG) and the workshop contract system. General legal advice on residential care law for providers, in particular on issues relating to home supervision law (in particular WTPG and LPersVO).

In addition, we have many years of experience in providing ongoing legal advice in the day-to-day business of facility management.