Status: 07/07/2023 5:36 p.m
Nursing homes can only give residents notice of their place in the home in exceptional cases and for important reasons. Under what conditions termination is allowed and what rights residents have.
A lack of staff and rising costs are putting increasing pressure on nursing homes. The situation is catastrophic, warned Bernd Meurer, President of the Federal Association of Private Providers of Social Services and himself the operator of several nursing homes, in a Tagesschau interview.
However, according to the consumer center, nursing homes can only terminate their residents in exceptional cases and for important reasons.
When the nursing home can terminate a place
The Housing and Care Contract Act (WBVG) describes the following reasons for termination of a place in a home by an institution:
Closure of operationsResidents refuse professional careProfessional care is not possiblegross breach of contract by residentsPayment default
Closure, conversion and fewer childcare places
A termination may be effective in the event of a closure or a reduction in the available childcare places. A lack of nursing staff is often the reason for this. In addition, terminations can be justified if the care facility is restructured. In the event of a closure, the care provider must name a replacement facility and may reimburse the removal costs.
Resident refuses care
If the care needs of a person in need of care increase, the facility is obliged to offer appropriate services. If a caregiver repeatedly does not accept the changed care services, the company cannot fulfill its task and terminate it without notice.
Professional care not possible
If it is contractually stipulated that a facility does not have to adjust its services after a change in health, this can be a reason for termination. This can be the case, for example, if a caregiver needs to be ventilated after a stroke and the facility has neither the appropriate technical facilities nor trained staff. In such a case, the contract can be terminated without notice.
Gross breach of contract by residents
If a resident persistently ignores the rules of a home contract and in a way that is unacceptable for the facility, the company can terminate the contract without notice. Examples of such cases are:
sexual harassment of other residents attacks on nursing staff constant violation of smoking bans damage or destruction of home property
late payment
If the monthly fee for a place in a home is not paid twice in a row, or only partially paid, so that more than one monthly fee is still outstanding, the nursing home may terminate the contract. Termination can also take place if only part of the payment is made over a longer period of time, so that a total of more than two monthly contributions remain unpaid.
However, the facility must set a reasonable deadline for the termination to take effect and point out the imminent termination. If the nursing home receives the money before the deadline, a termination is ineffective.
What those affected can do if they are dismissed
Nursing care companies must always issue notices of termination in writing and with reasons. Pascal Bading, legal advisor to the Berlin consumer advice center, explains: “No one has to comply with informal verbal requests to look for another place in a home or to leave the home at short notice.” The consumer advice center recommends rejecting allegedly ineffective terminations immediately and in writing and making use of appropriate advice, for example from the consumer advice centres.
If a dismissal by an institution is effective, the caregiver must not be thrown out without further ado. The care facility must first file an eviction notice. A court then examines whether the lawsuit is valid.
Further information
Some seniors from Vögelsen have been given a place in Norderstedt for the time being. According to the district of Lüneburg, that should change soon. more
More and more old people are living in nursing homes. Care is getting more and more expensive. What does a place cost and who pays what? more
Those in need of care in homes in Hamburg will have to pay significantly more this year despite the new relief surcharges. more
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Hello Lower Saxony | 01.02.2023 | 19:30 o’clock