What are the alternatives to Article 370

Federal Law Gazette Federal Law Gazette Part I 2021 No. 12 of March 30, 2021 - pages 370 to 380 - Law on the continued validity of the regulations relating to the epidemic situation of national scope

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370 Federal Law Gazette Volume 2021 Part I No. 12, issued in Bonn on March 30, 2021 Law on the continued validity of the regulations relating to the epidemic situation of national scope from 29. The determination of the continuation according to sentence 3 is considered a determination within the meaning of sentence 1. " b) Paragraph 2 sentence 1 is amended as follows: aa) Number 4 is amended as follows: aaa) In the part of the sentence before letter a, the word "in particular" is deleted. bbb) In letter f, the words "and remuneration to be provided" are replaced by the words ,,, remuneration and, in the event of limited availability of drugs including vaccines, to prioritize the dispensing and use of drugs or the use of drugs by the federal government and the states to be provided in favor of certain groups of people ". bb) Number 7 is changed as follows: aaa) In the part of the sentence before letter a, the word "in particular" is deleted. bbb) In letter b, the words "the standard period of study" are inserted after the word "doctors". ccc ) In letter c, a comma is inserted after the word "dentists" and the words, insofar as they are to continue to be used in accordance with Section 133 of the Licensing Regulations for Dentists, the standard period of study, "is inserted. Ddd) In letter d, after the word "Pharmacist" insert the words "the standard period of study," and becomes Article Article Article Article Article 3 4 5 6 7 Article 8 Article Article Article Article Article 9 9a 9b 9c 9d Article 10 Article 10a Article 11 Article 1 Amendment of the Infection Protection Act The ( BGBl. Law changes 0. Infection Protection Act of July 20, 2000 I p. 1045), which was last amended by Article 4a of December 21, 2020 (BGBl. I p. 3136), is changed as follows: The table of contents is as follows changed: a) After de r information on Section 67, the following information is added to Section 13: “13. Section legal process and costs ". B) After the information on Section 68, the information on Section 13 is deleted. 1. Section 5 is amended as follows: a) Paragraph 1 is amended as follows: aa) In sentence 1, the information "Clause 4" is replaced by the indication "Clause 6". Bb) In Clause 2, the indication "Clause 4" is replaced by the indication "Clause 6". Federal Law Gazette Volume 2021 Part I No. 12, issued in Bonn on March 30, 2021 371 the semicolon at the end is replaced by a comma. eee) The following letters e and f are added: ,, e) deviating from the licensing regulations for psychotherapists, stipulate the standard period of study, f) deviating from the licensing regulations for dentists and dentists determine the standard period of study, the times and the requirements for the implementation of the individual sections of the dental examination and the aptitude and knowledge test, the nursing service and the clinical traineeship and provide alternative teaching formats, u m to ensure the continuation of the studies and the execution of the examinations; "otherwise at the end of March 31, 2021" deleted. e) The following paragraph 9 is added: "(9) The Federal Ministry of Health commissions an external evaluation of the effects of the regulations in this provision and in the provisions of §§ 5a , 28 to 32, 36 and 56 in the context of the epidemic situation of national scope and on the question of a need for reform determined in accordance with paragraph 1 sentence 1. The evaluation should be carried out on an interdisciplinary basis and, in particular, on the basis of epidemiological and medical knowledge, the effectiveness of the on the basis of the in sentence The evaluation should be carried out by independent experts, half of whom are nominated by the Federal Government and half by the German Bundestag. The result of the evaluation should be submitted to the Federal Government by December 31, 2021. The Federal Government will send the German Bundestag until March 31, 2022 the result of the evaluation tion as well as a statement by the federal government on this result. " 1a. In § 8 paragraph 1 number 1, after the words "the diagnosing doctor", the words "as well as, when using near-patient rapid tests with third parties, the diagnosing person, if they according to § 24 sentence 2 or on the basis of an ordinance according to § 24 sentence 3 number 1 is authorized to carry out such rapid tests "inserted. 1b. Section 9 (2) sentence 1 is amended as follows: a) Number 1 letter g is worded as follows: "g) Date of removal or date of receipt of the test material,". B) In number 3, after the word "reporting person", the words, , as well as allocation features for further investigations "inserted. 1c. Section 13 is amended as follows: a) In paragraph 3, sentence 8, the words" with the consent of the Bundesrat "are replaced by the words" without the consent of the Bundesrat ". b) After Paragraph 5, sentence 1, the following sentences are inserted: “The Federal Ministry of Health is authorized to determine by ordinance without the consent of the Bundesrat that persons or institutions responsible for carrying out protective vaccinations shall provide certain information about them according to sentence 1 the vaccinations carried out for the purposes of vaccination surveillance and pharmacovigilance to the Robert Koch Institute, to the Paul Ehrlich Institute or to the responsible Association of Statutory Health Insurance Physicians ben. The Association of Statutory Health Insurance Physicians are authorized to process the data transmitted to them according to sentence 2, insofar as it is necessary to fulfill their obligation according to sentence 1. "cc) In number 8 in the sentence part before letter a, the word" in particular "is deleted . dd) Number 10 is changed as follows: aaa) In the part of the sentence before letter a, the word "in particular" is deleted. bbb) Letter b is worded as follows: "b) Theoretical and practical teaching, including the use of digital Forms of instruction, ". ccc) After letter b, the following letter c is inserted: "c) of practical training,". ddd) The previous letters c to e become letters d to f. c) Paragraph 3 is changed as follows: aa) Sentence 1 becomes repealed. bb) In the new sentence 4, the words "sentences 1 and 2" are replaced by the words "sentence 1". d) Paragraph 4 is amended as follows: aa) In sentence 1, after the word " Kraft "the comma and the words" otherwise by the end of March 31, 2021 "are deleted. Bb) In sentence 2, the words" Paragraph 2 Number 7 letter b, letter c or letter d "are replaced by the words" Paragraph 2 sentence 1 number 7 letters b to f "replaced. Cc) In sentence 3, after the word" scope ", the comma and the words" no later than the end of March 31, 2022 "are deleted. Dd) In sentence 4, the comma is after the word "canceled" and the words 372 Bundesgesetzblatt, Volume 2021 Part I No. 12, issued in Bonn on March 30, 2021 1d. Section 15 is amended as follows: a) The following sentence is added to paragraph 1: "The Federal Ministry of Health is authorized to abolish the reporting obligation for persons diagnosing the use of near-patient rapid tests on third parties by means of an ordinance without the consent of the Federal Council." B) In Paragraph 3 Clause 1 is inserted after the indication "Paragraph 1", the indication "Clause 1". 2. Section 20 is amended as follows: a) After paragraph 2, the following paragraph 2a is inserted: "(2a) Recommendations of the Standing vaccination commission for carrying out protective vaccinations against the coronavirus SARS-CoV-2 have to focus on the following vaccination goals in particular: 1. Reduction of serious or fatal disease courses, 2. Prevention of transmission of the coronavirus SARS-CoV-2, 3. Protection of people with special high risk of a serious or fatal course of the disease, 4. protection of people with a particularly high risk of infection due to disability, work or residence, 5. Maintaining central government functions, critical infrastructures, central areas of services of general interest and public life. The statutory ordinances issued on the basis of Section 5, Paragraph 2, Clause 1, Number 4, Letter f as well as Section 20i, Paragraph 3, Clause 2, Number 1, Letter a, also in conjunction with Number 2, of the fifth book of the Social Security Code, are based on the vaccination targets specified in Clause 1 in In the event of limited availability of vaccines, if prioritization is necessary. " December 2021 ". C) In paragraph 11 sentence 1 number 2, the statement" July 31, 2021 "is replaced by the statement" 31. December 2021 ". 2a. § 22 is changed as follows: a) Paragraph 1 is worded as follows:" (1) The person authorized to carry out protective vaccinations must immediately have a vaccination certificate in a vaccination certificate or if the vaccination certificate is not presented to be documented in a vaccination certificate (vaccination documentation). " b) After paragraph 2, sentence 1, the following sentence is inserted: “The Federal Ministry of Health is authorized to issue a statutory ordinance without a3. by the Federal Council to determine that, in deviation from sentence 1 number 5, the confirmation can also be made in electronic form with an advanced electronic seal if the seal can be clearly assigned to the person responsible for carrying out the vaccination. "2b. Section 24 sentence 2 is how as follows: "Notwithstanding sentence 1, people, regardless of their professional qualifications, are allowed to use in-vitro diagnostics that are used for near-patient rapid tests when testing for HIV, the hepatitis C virus, the Severe-Acute-RespiratorySyndrome-Coronavirus- 2 (SARS-CoV-2) and Treponema pallidum are permitted. " 2c. Section 28a (3) is amended as follows: a) In sentence 1, a semicolon and the words "foreseeable changes in the infection process due to more contagious virus variants that are more stressful for the health system" are inserted after the word "to align". b) In sentence 8, after the word "power", the words "or if the spread of virus variants within the meaning of sentence 1 is to be counteracted" are inserted. c) After clause 11, the following clause 12 is inserted: "When examining the cancellation or restriction of the protective measures according to clauses 9 to 11, the number of people vaccinated against COVID-19 and the time-dependent number of reproductions must also be taken into account." Section 36 is amended as follows: a) Paragraph 8 is amended as follows: aa) Sentence 1 is worded as follows: “The Federal Government is authorized, provided that the German Bundestag has determined an epidemic situation of national importance in accordance with Section 5, Paragraph 1, Sentence 1 to stipulate by ordinance without the consent of the Federal Council that persons who want to enter or have entered the Federal Republic of Germany and for whom there is a possibility that they were exposed to an increased risk of infection for the disease that led to the determination of the epidemic situation of national scope has, in particular because they were in a corresponding risk area, exclusively for Detecting and preventing the spread of this disease are obliged to 1. immediately after entering the country for a certain period of time in a suitable manner at their own expense and 2. to the competent authority by using the Federal Law Gazette of the Robert Koch Institute Federal Law Gazette 2021 Part I No. 12 , issued in Bonn on the 30th "bb) In sentence 2 the words" of the obligation "are replaced by the words" the obligations ". cc) After sentence 2, the following sentence is inserted: "Persons according to sentence 1 can be subjected to observation according to § 29, even if the conditions specified in § 29 paragraph 1 are not met." dd) In the new sentence 4, the words, that, if there is an exception, "is replaced by the words" in which cases ". ee) In the new sentence 5, the words" obligation defined in accordance with sentences 1 and 3 "are replaced by the words" in accordance with sentences 1 and 4 specified obligations ". b) Paragraph 9 is amended as follows: aa) In sentence 3, the words" the supervision of the isolation "are replaced by the words" the fulfillment and supervision of the obligations arising from the ordinance according to paragraph 8 sentence 1 result, "replaced. Bb) The following sentence is added:" A transmission of the data collected on the basis of a statutory ordinance according to paragraph 8 sentence 1 number 2 by the competent authorities to other bodies or further use of this data by the competent authorities Authorities for purposes other than those mentioned in sentence 3 are not permitted. " c) Paragraph 10 sentence 1 is changed as follows: aa) In the sentence before the list, the word "Federal Government" is replaced by the word "Federal Government". bb) In number 1 letter a, the words "to submit the specified obligation or the replacement notification pursuant to paragraph 8 sentence 3" are replaced by the words "number 2 specified obligations or the replacement notification pursuant to paragraph 8 sentence 4 to submit or hand over". d) In paragraph 12, after the word "force", the comma and the words "otherwise at the latest by March 31, 2021" are deleted. e) In paragraph 13, the phrase "up to 7" is replaced by the phrase "up to 8" and the words "and freedom of movement (Article 11, paragraph 1 of the Basic Law)" are replaced by a comma and the words "freedom the person (Article 2 paragraph 2 sentence 2 of the Basic Law), the freedom of movement of the person (Article 11 paragraph 1 of the Basic Law) and the inviolability of the home (Article 13 paragraph 1 of the Basic Law) ". 4. Section 56 is amended as follows: a) Paragraph 1 is amended as follows: aa) Sentence 2 is replaced by the following sentences: “The same applies to a person who, according to Section 30, also in conjunction with Section 32, is segregated or segregated on the basis of an ordinance issued in accordance with Section 36 (8) sentence 1 number 1. Compensation in cash can also be granted to a person if he or she has already isolated himself or herself as a precautionary measure prior to the order of isolation in accordance with Section 30 or a prohibition of professional activity in accordance with Section 31, or as a precautionary measure he has not carried out certain professional activities in whole or in part and thus suffers loss of earnings if an order for isolation in accordance with Section 30 or a ban on professional activity in accordance with Section 31 could have been issued at the time of the precautionary isolation or the precautionary non-exercise of professional activities. "bb) In the new sentence 5, the indication" sentence 3 "is replaced by the indication, , Sentence 4 ". B) Paragraph 1a sentence 1 is changed as follows: aa) In the sentence before the list, the words" An employed person receives "are replaced by the words" If the German Federal Law Gazette 2021 Part I No. 12, issued in Bonn on March 30, 2021 in the Bundestag pursuant to Section 5 (1) sentence 1 an epidemic La ge of national scope, a gainfully employed person will be replaced. bb) In number 1, the words "or the compulsory attendance in a school is lifted" with a comma and the words "the compulsory attendance in a school is lifted or access to childcare is restricted or there is an official recommendation to visit a facility for the care of children, a school or an institution for people with disabilities, "replaced. c) In paragraph 2, sentences 3 and 4 are replaced by the following sentences: “From the beginning of the seventh week, in deviation from sentence 2, compensation is granted in the amount of 67 percent of the loss of earnings incurred by the employed person; a maximum of EUR 2,016 is granted for a full month. In the case of paragraph 1a, the compensation is granted from the beginning in the amount specified in sentence 3. For every employed person, the compensation according to sentence 4 is granted for the duration of the epidemic situation of national scope determined by the German Bundestag according to § 5 paragraph 1 sentence 1 regardless of the number of children for a maximum of ten weeks per year, for an economically active person who supervises, looks after or cares for her child alone, for a maximum of 20 weeks per year. "d) Paragraph 3 is worded as follows:" (3) Loss of earnings is the remuneration to which the employee is entitled during the regular working hours that are relevant for him, reduced about taxes and contributions to social security as well as employment promotion or corresponding expenses for social security to an appropriate extent (net wages). When determining wages, the regulations of § 4 Paragraph 1, 1a and 4 of the Continued Remuneration Act are to be applied accordingly Loss of earnings is the net difference in earnings in the corresponding application of § 106 of the Third Book of the Social Security Code. The amount is increased by the short-time work allowance and the winter allowance to which the employee would be entitled if he were not prevented from working for the reasons mentioned in paragraph 1.Sentence 1 applies to the calculation of loss of earnings for homeworkers and the self-employed, with the proviso that for homeworkers the average monthly wage earned in the last year prior to cessation of the prohibited activity or prior to separation, and for self-employed one twelfth of the labor income (Section 15 of Book Four of the Social Security Code) from the activity subject to compensation. "e) After paragraph 5 sentence 1, the following sentence is inserted:" Notwithstanding sentence 1, the employer has the compensation according to paragraph 1a for those in paragraph 2 sentence 5 specified duration. " f) The following sentence is added to paragraph 9: "The occurrence of an offense according to paragraph 1 or paragraph 1a does not interrupt the receipt of unemployment benefit or short-time work allowance if the further requirements according to Book Three of the Social Code are met." g) Paragraph 11 sentence 1 is replaced by the following sentences: "The applications under paragraph 5 are to be submitted within a period of two years after the cessation of the prohibited activity, the end of isolation or the end of the temporary closure, the prohibition of entry, the school or company holidays, the abolition of the compulsory attendance, the restriction of the childcare offer or the abolition of the recommendation according to paragraph 1a sentence 1 number 1. The state governments are empowered to determine by ordinance that the application according to paragraph 5 sentences 3 and 4 officially The prescribed procedure is to be transmitted by remote data transmission and the more detailed procedure to determine n. In order to avoid undue hardship, the competent authority can waive transmission by remote data transmission. "5. Section 66 (1) sentence 1 is worded as follows:" Claims under Sections 56 to 58 are directed against the country 1. in which the professional activity prohibition was issued or in the cases of § 34 paragraph 1 to 3 and § 42, in which the prohibited activity was carried out, 2. in which the separation requirement was ordered or issued or in which separation based on a according to § 36 Paragraph 8 sentence 1 number 1 was made or 3. in which facilities for the care of children, schools or facilities for people with disabilities were temporarily closed, entry was prohibited, school or company holidays were ordered or extended, the compulsory attendance in a School is canceled, access to childcare is restricted or an official recommendation has been given to attend an Ein direction for the care of children, a school or an institution for people with disabilities. " Federal Law Gazette year 2021 Part I No. 12, issued in Bonn on March 30, 2021 375 6. After Section 67, the following heading of Section 13 is inserted: “13. Section 68 Paragraph 1 is replaced by the following Paragraphs 1 and 1a: “(1) For disputes about claims according to Sections 56 to 58 and 65 against the person obliged to pay according to Section 66 Paragraph 1 Administrative law is available in the country. (1a) For disputes about claims based on § 20i paragraph 3 sentence 2 number 1 letter a, also in connection with number 2 of the fifth book of the Social Security Code as well as § 5 paragraph 2 sentence 1 number 4 Letters c and f enacted ordinance is given the administrative legal route. " (5) In disputes about claims according to § 65 against the country obliged to pay according to § 66 paragraph 1 sentence 2, which become pending after March 30, 2021, § 58 paragraph 2 sentence 1, § 70 paragraph 1 sentence 1 and § 75 sentence 2 of the administrative court order to apply with the proviso that the deadlines start running on March 31, 2021 at the earliest. "Article 2 Amendment of the ordinance to secure training in the health professions during an epidemic situation of national scope 8. 9. According to § 68 the heading of the previous 13th section is deleted. § 73 is changed as follows: a) Paragraph 1 is repealed. b) Paragraph 1a is changed as follows: aa) Number 8 is worded as follows: “8th contrary to § 22 paragraph 1 vaccination not, not correctly, not completely or not in time documented, ". bb) After number 22a, the following number 22b is inserted: “22b. contrary to Section 50a Paragraph 3 Clause 1, also in conjunction with an ordinance pursuant to Section 50a Paragraph 4 Number 2, possesses polioviruses or the material named therein, ". cc) Number 24 is changed as follows: aaa) The words, Article 13 Paragraph 3 Sentence 1 "are replaced by the words" § 13 Paragraph 3 Sentence 8 or Paragraph 4 Sentence 2 ". Bbb) The words" Article 36 Paragraph 8 Sentence 1 or Sentence 3 "are replaced by the words" Article 36 Paragraph 8 Sentence 1 or sentence 4, in each case also in connection with sentence 5, "replaced and the words" or paragraph 10 sentence 1 "are replaced by the words" paragraph 10 sentence 1 number 1, also in connection with sentence 3, number 2 or number 3 ". The ordinance to secure training in the health professions during an epidemic situation of national scope of 10 June 2020 (BAnz AT 12.06.2020 V1) is changed as follows: 1. In § 7 paragraph 1, the information , June 30, 2021 "with the indication" 30. September 2022 ". 2. Section 8 (2) is worded as follows:" (2) This ordinance comes into effect one year after the German Bundestag repeals the determination of the epidemic situation of national scope in accordance with Section 5 (1) sentence 2 of the Infection Protection Act expires. The date of expiry is to be announced in the Federal Gazette. " Article 3 Amendment of the fifth book of the Social Security Code The fifth book of the Social Security Code Statutory health insurance (Article 1 of the law of December 20, 1988, Federal Law Gazette I, p. 2477, 2482), which was last amended by Article 3 of the law of February 22, 2021 (Federal Law Gazette I S. 266) has been changed, is changed as follows: 1. § 20i Paragraph 3 is changed as follows: a) In sentence 2 number 1 letter a, the words, if they are in central areas of general interest and for the maintenance of central state functions "by the words" if they are used to maintain central state functions, critical infrastructures or central areas of services of general interest ". b) After sentence 3, the following sentences are inserted: If the statutory ordinance under sentence 2 number 1 letter a and number 2 stipulates a right to vaccination against the SARS-CoV-2 coronavirus, in the event of limited availability of vaccines a prioritization of the beneficiaries can be determined according to groups of people; the vaccination targets specified in Section 20 (2a) sentence 1 of the Infection Protection Act are to be taken into account. 10. The following paragraphs 4 and 5 are added to Section 77: ,, (4) Notwithstanding Section 5 (1) sentence 3, a vaccination before the 30th The determination made in accordance with Section 5, Paragraph 1, Clause 1 of March 2021 will only be revoked in accordance with Section 5, Paragraph 1, Clause 2 if the German Bundestag does not determine that the epidemic situation of national scope will continue by July 1, 2021. 376 Federal Law Gazette Volume 2021 Part I No. 12, issued in Bonn on March 30, 2021. In particular, the age of the beneficiaries, their state of health, their disability, work or residence-related exposure to SARS-CoV-2 as well as their systemic relevance in central government functions, critical infrastructures or central areas of services of general interest come into consideration as prioritization criteria In the new sentence 13 number 5, the indication "sentence 6" is replaced by the indication "sentence 8". d) In the new sentence 15, after the words "inoperative", the comma and the words "otherwise at the latest at the end of the period of March 31, 2021 "is deleted. e) The new sentence 16 is worded as follows:" If and for as long as an ordinance issued on the basis of sentence 1 or sentence 2 is in force, the Federal Joint Committee, insofar as the Standing Vaccination Commission, has recommendations for protective vaccinations to which there is a claim under the respective ordinance, in deviation from paragraph 1 sentence 5 details on requirements, Art and to determine the scope of these protective vaccinations according to paragraph 1 sentence 3 for the period after the expiry of the respective statutory ordinance in guidelines according to § 92; the vaccinations recommended by the Standing Vaccination Commission may be provided after the statutory ordinance has expired until the guideline is available. "2. After § 87b paragraph 2, the following paragraph 2a is inserted:" (2a) If the number of cases decreases in a continuation of the The scope of the medical practice endangering the extent of a pandemic, epidemic, endemic, natural disaster or other major loss event, the Association of Statutory Health Insurance Physicians, in consultation with the state associations of the health insurance funds and the substitute funds, should provide, on a distribution scale, suitable regulations for the continuation of the medical contractor's activity in the case of a reduction in the number of cases, provision is made for services that are remunerated in accordance with Section 87a (3) sentence 5 numbers 1, 3, 4, 5 and 6 and sentence 6. Provisions made in the past and not yet released as part of the fee distribution should also be used be a far A prerequisite for the payment of compensation payments is that the statutory health care provider complies with the minimum consultation hours set out in Section 19a (1) of the Admission Ordinance for statutory health insurance physicians. If the minimum consultation hours stipulated in § 19a Paragraph 1 of the Admission Ordinance for Contract Doctors are not met, compensation payments can only be made if the contract medical service provider proves justifying reasons for the shortfall caused by a pandemic, epidemic, endemic, natural disaster or other major damage event. "3. In In Section 275b, Paragraph 1, Clause 1, the words "Paragraphs 2 and 3" are replaced by the words "Paragraphs 2 to 3." Article 4 Amendment of Book Eleventh Social Security Code Book Eleventh Social Security Code (Article 1 of the Law of 26 May 1994, Federal Law Gazette I p. 1014, 1015), which was last amended by Article 3 of the law of February 15, 2021 (Federal Law Gazette I p. 239), is changed as follows: 1. In the table of contents, after the information The following information added to Section 152: "Section 153 Reimbursement of pandemic-related costs by the Federal Government; authorization to issue ordinances". 1a. In Section 40, Paragraph 2, Clause 1, a semicolon is added after the word "exceed" and the words "A monthly amount of 60 euros applies until December 31, 2021". 2. Section 114 is amended as follows: a) Paragraph 2, sentence 2 is repealed. b) After paragraph 2, the following paragraph 2a is inserted: “(2a) Notwithstanding paragraph 2 sentence 1, a regular inspection must be carried out in all approved care facilities in the period from October 1, 2020 to December 31, 2021, if the situation on site allows it due to the SARS-CoV-2 pandemic. The central association of the federal care insurance funds decides in consultation with the medical service of the central association of the federal health insurance funds and the auditing service of the association of private health insurance. V. and, in agreement with the Federal Ministry of Health, immediately provide details on the feasibility of tests, in particular the conditions under which test orders are appropriate in view of the current infection situation and which specific requirements, in particular with regard to hygiene, must be observed. In particular, current scientific findings must be taken into account. The decision according to sentence 2 must be updated in accordance with the development of the SARS-CoV-2 pandemic. He is responsible for the regional associations of long-term care insurance funds, the medical services and the auditing service of the Association of Private Health Insurance. V. binding. The National Association of Long-Term Care Funds will report to the Federal Ministry of Health on September 30, 2021 about the experiences of the long-term care funds with the implementation of quality checks in the period specified in sentence 1. "3. Section 114b is amended as follows: a) In paragraph 1, sentence 1 the indication "December 31, 2020" is replaced by the indication "31. December Federal Law Gazette Volume 2021 Part I No. 12, issued in Bonn on March 30, 2021 377 2021 "and the indication" January 1, 2021 "by the indication" 1. January 2022 ". B) In paragraph 2," December 31, 2020 "is replaced by" December 31, 2020 ". December 2021 "is replaced and the word" for the first time "is deleted. 4. Section 114c is amended as follows: a) Paragraph 1 is amended as follows: aa) In sentence 1, the indication “1. July 2021 "is replaced by the indication" January 1, 2023 "and the words" is assured "are replaced by the words" has been achieved ". bb) In sentence 4, the words "has been ensured" are replaced by the words "has been achieved". b) Paragraph 3 is changed as follows: aa) In sentence 1 in the part of the sentence before the list, the indication “31. March 2021 "with the indication" 30 June 2022 "and the indication" 30. September 2021 "replaced by" March 31, 2023 ". bb) In sentence 2 the indication “30. September 2021 "replaced by" March 31, 2023 ". 5. In § 147 Paragraph 1 Clause 1 and Paragraph 6 the indication “31. March 2021 "replaced by" June 30, 2021 ". In § 148 the indication “31. March 2021 "replaced by" June 30, 2021 ". § 150 is amended as follows: a) Paragraph 5c is worded as follows: ,, (5c) Notwithstanding § 45b Paragraph 1 Clause 5, second half-sentence, the amount not used in 2019 as well as in 2020 for the service according to § 45b Paragraph 1 Clause 1 shall be carried over to the period up to September 30, 2021. "b) In Paragraph 6, the statement" March 31, 2021 "is replaced by the statement" March 30, 2021 ". June 2021 ". 8. After Section 152, the following Section 153 is inserted:" Section 153 Reimbursement of pandemic-related costs by the Federal Government; authorization to issue ordinances If the funds available for social long-term care insurance are likely to fall below the statutory operating resources and reserves of the long-term care funds due to pandemic-related additional expenditure, the federal budget grants the social long-term care insurance in 2021 a subsidy in the required amount (federal subsidy). The Federal Ministry of Health is authorized to determine the details by means of a statutory ordinance in agreement with the Federal Ministry of Finance without the consent of the Federal Council. " Article 5 Amendment of the Care Leave Act In § 9 Paragraph 1 Clause 1, Paragraph 2, 4 Clause 1, Paragraphs 5 and 7 of the Care Leave Act of May 28, 2008 (Federal Law Gazette I p. 874, 896), which was last amended by Article 4c of the Act of December 22nd, 2020 (Federal Law Gazette I p. 3299) has been changed, the indication “31. March 2021 "replaced by" June 30, 2021 ". Article 6 Amendment of the Family Care Leave Act The Family Care Leave Act of 6 December 2011 (Federal Law Gazette I p. 2564), which was last amended by Article 4b of the Act of 22 December 2020 (Federal Law Gazette I p. 3299), is amended as follows: 1. § 3 Paragraph 3 is amended as follows: a) Sentences 1 and 2 are worded as follows: ,, The flat-rate monthly net remuneration before the exemption according to Paragraph 1 is calculated on the basis of the regular average monthly gross remuneration excluding the remuneration in kind of the last twelve calendar months before the start of the leave of absence. The flat-rate monthly net remuneration during the time off is calculated on the basis of the gross remuneration, which results from the product of the agreed average monthly number of hours during the time off and the average remuneration per hour worked. "B) The following sentence is inserted after sentence 3:" The calculation of the flat-rate net fees is based on the calculation of the flat-rate net fees in accordance with Section 106, Paragraph 1, Clauses 5 to 7 of the Third Book of the Social Security Code. " c) In the new sentence 7, the indication "sentence 5" is replaced by the indication "sentence 6" and the indication "31. March 2021 "replaced by" June 30, 2021 ". 2. Section 16 is amended as follows: a) In paragraph 2, the statement “1. March 2021 "replaced by" June 1, 2021 ". b) In paragraph 3 sentence 1, paragraph 4 sentence 1 and paragraph 6, the indication “31. March 2021 "replaced by" June 30, 2021 ". Article 7 Amendment of the law for the protection of the population in an epidemic situation of national scope 6. 7. Articles 3 and 7 paragraph 4 of the law for the protection of the population in an epidemic situation of national scope of March 27, 2020 (Federal Law Gazette I p . 587) are repealed. 378 Federal Law Gazette Year 2021 Part I No. 12, issued in Bonn on March 30, 2021 Article 8 Amendment of the Third Law for the Protection of the Population in an Epidemic Situation of National Scope must meet the needs of the intensive care departments of the hospital supplied for four weeks. " Article 9c Amendment of the Hospital Financing Act The Third Act for the Protection of the Population in the Event of an Epidemic Situation of National Scope of November 18, 2020 (Federal Law Gazette I, p. 2397) is amended as follows: 1. Article 2 is repealed 3 the words "and Article 2 step" are replaced by the word "step". Article 9 Amendment of the Hospital Future Act According to Section 26c of the Hospital Financing Act as published on April 10, 1991 (Federal Law Gazette I p. 886), the most recently by Article 14 of the law of February 24, 2021 (Federal Law Gazette I p.274) has been changed, the following § 26d is inserted: "§ 26d Extended special benefits for nursing staff due to special burdens caused by the SARS-CoV-2 pandemic (1) Approved hospitals that account for their services according to the Hospital Charges Act and that are in the period From January 1, 2020 to December 31, 2020 through the full or part-time inpatient treatment of patients infected with the SARS-CoV-2 coronavirus, have for their nursing staff in the immediate patient care on wards with beds, as far as they are through the care of patients infected with the SARS-CoV-2 coronavirus were exposed to an increased workload, entitled to a payment from the funds specified in paragraph 3 sentence 1, with which they have to pay these employees a premium as a one-off special service. Hospitals with fewer than 500 beds with at least 20 fully or partially inpatients who were infected with the SARSCoV-2 coronavirus, as well as hospitals with more than 500 beds with at least 50 fully or partially inpatients who were infected with the SARS-CoV-2 coronavirus. Hospitals that were eligible under Section 26a (1) will be taken into account in the distribution if they met the requirements of sentences 1 and 2 in the period from June 1, 2020 to December 31, 2020. Among the hospitals eligible for benefits under sentences 1 to 3, 150 million euros will be allocated according to the total number of days of stay of the full or part-time inpatients who were exposed to the coronavirus SARS in the hospitals that are particularly exposed to the coronavirus in the periods specified in sentences 1 and 3 -CoV-2 were infected and discharged, as well as 150 million euros based on the number of nurses employed in 2019 in immediate patient care on wards with beds, converted into full-time staff. In addition, 150 million euros will be distributed among the hospitals entitled to benefits under sentences 1 to 3 in which patients infected with the SARS-CoV-2 coronavirus for more than 48 hours in the period under sentence 1 in accordance with the annex to the agreement on the transmission of data in accordance with Section 21 (4) and (5) of the Hospital Fees Act 2020 version for the data year 2019, update of December 4, 2019; the level of entitlement is based on the number of these cases in the respective hospital. In Article 13 paragraph 5 of the Hospital Future Act of October 23, 2020 (Federal Law Gazette I p. 2208), which has been amended by Article 4d of the Act of December 22, 2020 (Federal Law Gazette I p. 3299), the statement 1. April 2021 "replaced by" July 1, 2021 ". Article 9a Amendment of the Pharmacies Act Section 21 (2) of the Pharmacies Act in the version published on October 15, 1980 (Federal Law Gazette I, p. 1993), which was last amended by Article 2 of the Act of December 9, 2020 (Federal Law Gazette I, p. 2870 ) has been changed, the following sentence is added: "In the case of the regulations according to sentence 1 number 8 on the pharmacy warehouse, it must be ensured in particular that, even in the event of temporary delivery bottlenecks or additional requirements, a proper supply, in particular of drugs that are required in hospitals for intensive medical treatment is guaranteed. "Article 9b Amendment of the pharmacy operating regulations The pharmacy operating regulations in the version of the announcement of September 26, 1995 (Federal Law Gazette I p. 1195), which was last amended by Article 3 of the law of December 9, 2020 (Federal Law Gazette I p. 2870) is changed as follows: 1. After § 15 paragraph 3 sentence 1 the following sentence is inserted: “Notwithstanding sentence 1, the head must a hospital pharmacy supplying parenteral drugs for intensive medical care in stock in a type and quantity that at least corresponds to the average requirement of the intensive care departments of the hospital supplied for four weeks. " 2. The following sentence is inserted after Section 30 sentence 1: “In deviation from sentence 1, drugs for intensive care must be kept in stock in sufficient quantities that correspond to at least the average Federal Law Gazette year 2021 Part I No. 12, issued in Bonn on 30 . March 2021 379 the amount due to each eligible hospital in accordance with sentences 4 and 5 will be determined by the institute for the hospital remuneration system on the basis of the data provided to the institute for the hospital remuneration system in accordance with Section 24 (2) sentence 1 number 1 and are available in accordance with Section 21 (2) number 1 letter e of the Hospital Remuneration Act. The institute for the remuneration system in hospitals publishes the premium volume according to sentences 4 and 5 for each eligible hospital by 7 April 2021 without barriers on its website by stating the name and the identifier according to § 293 paragraph 1 of the fifth book of the social security code. (2) The choice of award recipients and the assessment of the individual premium amount according to the burden of caring for patients infected with the SARS-CoV-2 coronavirus is the responsibility of the hospital operator in agreement with the employee representatives. In addition, in addition to those named in paragraph 1 sentence 1, other employees who were particularly stressed due to the care of patients infected with the SARS-CoV-2 coronavirus should also be selected for payment of a premium. (3) To finance the premiums under paragraph 1, the Federal Social Security Office will pay an amount of 450 million euros from the liquidity reserve of the health fund to the Central Association of Health Insurance Funds by April 14, 2021. The federal government will immediately reimburse the amount pursuant to sentence 1 to the liquidity reserve of the health fund. The National Association of Health Insurance Funds forwards the amount according to sentence 1 on the basis of the publication according to paragraph 1 sentence 7 to the eligible hospitals. After completion of the payments according to sentence 3, the National Association of Health Insurance Funds will send the Federal Ministry of Health a hospital-related list of the funds paid out by September 30, 2021. (4) The hospital operators must pay out the premiums in accordance with paragraph 2 by June 30, 2021 to the employees in accordance with paragraph 2. A confirmation from the auditor of the annual financial statements about the appropriate use of the funds must be submitted to the contracting parties pursuant to Section 18 (2) number 1 or number 2 and the National Association of Health Insurance Funds by March 31, 2022. If the confirmations are not presented or not presented in full or if the funds have not been used appropriately, the corresponding amount must be repaid to the National Association of Health Insurance Funds by April 30, 2022. The latter forwards the amounts according to sentence 3 immediately to the liquidity reserve of the health fund. The Federal Social Security Office will reimburse the sum of the amounts pursuant to sentence 4 to the federal government by June 30, 2022 from the liquidity reserve of the health fund. As far as the payments according to sentence 1 result in the amount according to § 3 number 11a of the Income Tax Act being exceeded for individual employees, the hospitals can also cover employers' contributions to the social security contributions for the payments according to sentence 1 from the funds according to paragraph 3 sentence 3. (5) The hospitals eligible under paragraph 1 sentences 1 to 3 shall report to the National Association of Health Insurance Funds by March 31, 2022 in anonymised form about the number of premium recipients, the respective premium amount and the criteria on which the distribution according to paragraph 2 is based. The National Association of Health Insurance Funds can give the hospitals further specifications on the content of the reports and, on the basis of the reports, creates a final report, which it submits to the Federal Ministry of Health by August 31, 2022. "Article 9d Amendment of the COVID-19 Supply Structures Protection Ordinance The COVID-19 Supply Structure Protection Ordinance of April 30, 2020 (BAnz AT 04.05.2020 V1), which was last amended by Article 1 of the Ordinance of January 6, 2021 (BAnz AT 07.01.2021 V1), is changed as follows: 1. In the designation, the words "as well as for care aid supply" are deleted. 2. § 4 is repealed. 3. In Section 5, the words "of July 20, 2000 (Federal Law Gazette I p. 1045), which was last amended by Article 3 of the law of March 27, 2020 (Federal Law Gazette I p. 587)," are deleted Article 10 consequential changes (1) In § 4 of the DIVI IntensivRegister-Ordinance of April 8, 2020 (BAnz AT 04/09/2020 V4), which has been amended by Article 1 of the Ordinance of May 29, 2020 (BAnz AT 06/02/2020 V2) is, the words "of July 20, 2000 (Federal Law Gazette I p. 1045), which was last amended by Article 3 of the law of March 27, 2020 (Federal Law Gazette I p. 587)," is deleted. (2) In § 10 of the Medical Needs Supply Guarantee Ordinance of May 25, 2020 (BAnz AT May 26, 2020 V1), the words, of July 20, 2000 (Federal Law Gazette I p. 1045), which was last amended by Article 3 of the Act of March 27, 2020 (Federal Law Gazette I p. 587) has been changed, "deleted. (3) In § 3 of the ITS Medicines Stocking Ordinance of July 7, 2020 (BAnz AT 07/08/2020 V1), the words" from 20. July 2000 (Federal Law Gazette I p. 1045), which was last amended by Article 1 of the law of 19 May 2020 (Federal Law Gazette I p. 1018), "deleted. (4) In § 9 paragraph 1 of the SARS-CoV-2 drug supply ordinance of April 20, 2020 (BAnz AT 04/21/2020 V1), which has been amended by Article 1 of the ordinance of September 28, 2020 (BAnz AT 09/30/2020 V1) the words "from July 20, 2000 (Federal Law Gazette I p. 1045), which was last amended by Article 3 of the law of March 27, 2020 (Federal Law Gazette I p. 587)," are deleted. 380 Federal Law Gazette 2021 Part I No. 12, issued in Bonn on March 30, 2021 (5) In Section 10 (1) of the Coronavirus Entry Ordinance of January 13, 2021 (BAnz AT January 13, 2021 V1), which is replaced by Article 1 of the Ordinance of March 26, 2021 (BAnz AT March 26, 2021 V1), the word "Infection Protection Act" is followed by a comma and the words "last amended by Article 4a of the law of December 21, 2020 (Federal Law Gazette I p. 3136) has been changed, otherwise deleted by the end of March 31, 2021 at the latest. (6) In Section 11 of the Coronavirus Protective Mask Ordinance of December 14, 2020 (BAnz A T 15.12.2020 V1), which has been changed by Article 1 of the ordinance of February 4, 2021 (BAnz AT 05.02.2021 V1), the words, sentence 13 of the fifth book of the Social Security Code Statutory health insurance (Article 1 of the law of 20 December 1988, Federal Law Gazette I p. 2477, 2482), last amended by Article 4 number 1 of the law of November 18, 2020 (Federal Law Gazette. I p. 2397) has been changed, "replaced by the words" sentence 15 of the fifth book of the Social Security Code ". (7) In Section 19 (1) of the Coronavirus Test Ordinance of January 27, 2021 (BAnz AT January 27, 2021 V2), the words "Clause 13 of the fifth book of the Social Security Code" are replaced by the words "Clause 15 of the fifth book of the Social Security Code" . (8) In § 15 sentence 1 of the Coronavirus Vaccination Ordinance of February 8, 2021 (BAnz AT 02/08/2021 V1), which has been changed by Article 1 of the ordinance of February 24, 2021 (BAnz AT 02/24/2021 V1) the words "sentence 13 of the fifth book of the social security code" replaced by the words "sentence 15 of the fifth book of the social security code". (9) In Article 3 Paragraph 2 of the Ordinance Amending the Medical Devices Dispensing Ordinance in the context of the epidemic situation of national scope of December 2, 2020 (BAnz AT December 3, 2020 V1), the words ,, July 20, 2000 (BGBl. I p. 1045), which was last amended by Article 2 of the Act of November 18, 2020 (Federal Law Gazette I p. 2397), "deleted. (10) In Article 3 Paragraph 2 of the Second Ordinance amending the Medical Devices Dispensing Ordinance In the context of the epidemic situation of national scope of January 15, 2021 (BAnz AT January 19, 2021 V1), the words, July 20, 2000 (Federal Law Gazette I p. 1045), last amended by Article 4a of the Act of 21 December 2020 (Federal Law Gazette I p. 3136) has been changed, "deleted. (11) In Article 3 Paragraph 2 of the Third Ordinance amending the Medical Devices Dispensing Ordinance in the context of the epidemic situation of national scope from February 1, 2021 (BAnz AT 02.02.2021 V1), the words ,, from July 20, 2000 (BGBl . I p. 1045), which was last amended by Article 4a of the law of December 21, 2020 (Federal Law Gazette I p. 3136), "deleted. Article 10a Restriction of fundamental rights By Article 1 no. 1 letters a and c, no 3 and Article 7, the fundamental rights of physical integrity (Article 2 paragraph 2 sentence 1 of the Basic Law), freedom of the person (Article 2 paragraph 2 sentence 2 of the Basic Law), freedom of assembly (Article 8 of the Basic Law), freedom of movement (Article 11 Paragraph 1 of the Basic Law) and the inviolability of the home (Article 13, Paragraph 1 of the Basic Law) Article 11 Entry into force, expiry (1) Subject to paragraphs 2 and 3, this law comes into force on the day after its promulgation ft. (2) Article 3 number 2 shall enter into force on 1 January 2021. (3) Articles 9a and 9b shall enter into force on July 1, 2021. At the same time, the ITS drug stockpiling ordinance of 7 July 2020 (BAnz AT 08.07.2020 V1), which has been amended by Article 10 paragraph 3 of this law, is no longer in force. The above law is hereby executed. It is to be announced in the Federal Law Gazette. Berlin, March 29, 2021 Federal President Steinmeier Federal Chancellor Dr. A n g e l a m e r k e l The Federal Minister for Health Jens Spahn The Federal Minister for Family, Senior Citizens, Women and Youth Franziska Giffey