Ordinance on the Supervision of Care Homes (Heimverordnung) - Scope

1. This ordinance applies to all private and public institutions falling under Art. 48 et seq. of the Health Law, which professionally accommodate adult persons for the purpose of care, supervision, observation, or resocialization, and offer them lodging and board.

2. It applies specifically to

a) Homes for adults with disabilities;

b) Homes for the elderly and nursing homes;

c) Homes for the care of socially endangered adults;

d) Social-therapeutic residential communities for adults.

3. Excluded from the scope are

a) Hospitals;

b) Special education residential homes;

c) Children's and youth homes, special education foster families, and social-therapeutic residential communities for children;

d) Other public institutions, insofar as they are under special cantonal supervision;

e) Institutions subject to the Ordinance on the Admission of Children for Fostering and Adoption.

1. The Office for Social Affairs

a) exercises health authority supervision over homes,

b) grants permits for the operation of homes and may also revoke them.

1. The Department of Health and Social Affairs operates a specialized office for residential supervision and consultation.

2. The specialized office

a) provides professional consultation to homes and institutions,

b) ensures communication between residential management and local committees on the one hand, and health authorities on the other,

c) mediates in cases of complaints,

d) periodically visits and supervises the homes,

e) evaluates construction applications for the new construction, conversion, and expansion of homes.

3. The consultation according to paragraph 2(a) is generally provided for a fee; it can also be utilized by facilities according to Art. 1 para. 3.

4. The members of the specialized office must be granted access to the areas related to the operation of the home.

5. The specialized office must be granted access to the necessary documents. It is authorized to conduct discussions with all involved persons and entities.

1. The management of care homes may only be entrusted to individuals who are suitable for impeccable operational management.

2. The number and qualifications of the staff must be in reasonable proportion to the number and needs of the residents; professional care must be ensured around the clock.

3. The institutions shall provide appropriate initial and continuing training and education for the management and staff of the care homes.

4. The Department of Health and Social Affairs may impose specific conditions in individual cases.

1. The number, size, and type of rooms and facilities must correspond to the needs of the residents.

2. The mission statement, concept, and documentation must comply with the current quality standards for the specific purpose of the facility.

3. The Department of Health and Social Affairs may impose special conditions in individual cases.

1. Each home determines the rights and obligations of the residents and records them in writing. A tariff regulation governs the costs and services offered.

2. Residents have the right,

a) to inspect documents concerning them,

b) to directly address complaints to the specialist authority or the Social Affairs Office,

c) to receive pastoral and social care while respecting privacy.

3. Residents, individuals close to them, and healthcare personnel have the right to appeal to the Ethics Council within the framework of the Health Act[4].

4. Forced treatments and similar measures are only permissible under the conditions stipulated by the Health Act[5].

1. Medical Care Includes at Least

a) the regular consultation of the home management by a physician,

b) the provision of emergency services.

2. The right to choose one's physician remains guaranteed.

1. The canton covers 20% of the costs incurred for the provision and operation of holiday and respite spaces for individuals in need of care who are unable to manage daily life without assistance from others.

2. Contributions are only granted if

a) the users are charged with a maximum of 60% of the costs,

b) the spaces are occupied by the same person for no more than six weeks per year and used according to their intended purpose for at least 250 days per year, otherwise the contribution is proportionally reduced,

c) the amounts are claimed annually with the necessary documentation at the Department of Health and Social Affairs.

3. The Department of Health and Social Affairs determines the eligible holiday and respite spaces as part of the planning process.

1. The regulation shall enter into force on January 1, 2008.