Inpatient and outpatient care

Rising quality requirements and costs in outpatient and inpatient care, declining funding of services by the cost bearers and increasing competition between commercial and non-profit providers pose constant challenges for providers of care facilities and services today.

Both the state reforms to care home legislation and the federal legislation to strengthen care are intended to create the basis for modern, self-determined forms of living in old age and will change the care landscape in the long term. Although this offers service providers new legal and economic freedom, it also places limits on the design of their care facilities and services. Finally, the necessary adaptation to the structural requirements of the State Home Construction Ordinance currently requires major financial efforts and legal support for the providers of inpatient facilities.

We advise and represent owners and providers of care facilities and services vis-à-vis all funding bodies and home supervisory authorities, particularly in the following matters:

• Preparation of extension, exemption and exception applications in accordance with the LHeimBauVO (in cooperation with architects) as well as coordination with the home supervisory authorities

• (Provider-managed) outpatient assisted living communities (so-called Pflege-WG) and assisted living

• Care rate negotiations and agreements including service and quality features

• Separately billable investment costs

• Charges for accommodation and meals

• Care contracts

• Licensing, home law and home supervision (in particular WTPG, LHeimBauVO, LPersVO)

• Housing and care contract law (WBVG)

• Arbitration board and social court proceedings

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

Together with our M/A team, we also regularly support transactions involving care facilities.