Definition and Legal Foundations of the Care Support Centre (Pflegestützpunkt)
Ein Pflegestützpunkt is a legally established, local advisory and coordination centre for people in need of care and their relatives in Germany. These facilities provide comprehensive information, advice, and support in accessing social benefits and care services and occupy a central position within the health and social care system.
The term as well as the tasks of the Pflegestützpunkt are primarily regulated in the Social Code (SGB), in particular in Book XI of the Social Code (SGB XI). The aim of the institution is to ensure an individual, local, and cross-provider care structure for people in need of care.
Legal Development and Statutory Basis
Emergence and Legal Anchoring
Die statutory basis for care support centres was created by the Care Advancement Act (Pflege-Weiterentwicklungsgesetz) of 28 May 2008. A decisive part is played by § 7c SGB XI, which regulates the establishment, tasks, and cooperation. This provision was introduced by the Act on the Structural Further Development of Long-term Care Insurance (Pflege-Weiterentwicklungsgesetz).
Provisions in SGB XI
According to § 7c SGB XI, the state associations of the long-term care funds, together with the state associations of health insurance funds and other parties (e.g. social welfare agencies), are obliged to establish and operate care support centres in the states if the respective state demands it. The implementation can be specified at the state level through agreements.
Objectives and Areas of Responsibility
Tasks under § 7c SGB XI
The legislator has comprehensively defined the tasks of the care support centres. Under § 7c para. 1 SGB XI, these include in particular:
- Advice on care benefits and other social benefits (e.g. social welfare, assistive devices, rehabilitation)
- Coordination of the various services in the fields of care and health
- Support in accessing benefits (e.g. submitting applications, arranging care services)
- Ensuring individual care planning as well as assistance in networking services
- Information about regional offers and services, such as outpatient, semi-residential, or residential care facilities
Cross-provider Cooperation
A characteristic feature of care support centres is cross-provider cooperation, especially between care funds, health insurance funds, local authorities, social welfare providers, and other service providers in the healthcare system. This cooperation ensures holistic advice and coordination in the care of people in need of care.
Legal Nature and Organization
Establishment and Operation
Care support centres are established by the state associations of the long-term care funds in cooperation with other parties. The specific organization and sponsorship can be regulated by each state. In principle, responsibility lies with the long-term care funds, which, however, depend on cooperation with the states and municipalities.
The structuring of the advisory centre is the responsibility of the states. They can determine in which structure and to what extent care support centres are to be established. Regulations regarding this may be set out in state legal provisions, state contracts, or administrative agreements between health insurance funds, care funds, and municipalities.
Funding
The costs for the operation and equipment of care support centres are generally borne by the care funds. Depending on state law, funding may also be supplemented by contributions from other cost bearers, such as states or municipalities.
Access, Entitlement, and Procedures
Entitlement to Advice
Persons in need of care, their relatives, and other close persons have a legal right to advice and support from a care support centre. The basis is § 7a and § 7c SGB XI, which govern both individual care advice and the work of the care support centres.
Procedures and Data Protection
Access to advisory services is generally provided through a personal visit, telephone, or electronic contact. The advice is subject to the social law data protection requirements pursuant to the Social Code (SGB X) and the German Federal Data Protection Act (BDSG). All personal data is processed solely within the legal framework.
Care Support Centre in the Context of Other Social Law Advice
Distinction from Care Advice (§ 7a SGB XI)
Unlike the individual care advice under § 7a SGB XI, which is often provided within the home by a case manager (care manager), care support centres represent an institutionalized, local point of contact where cross-provider services are coordinated and advice is provided.
Obligations to Cooperate and Network Functions
Care support centres cooperate, within the framework of SGB XI regulations, with other advisory offices, including social welfare advisory centres, rehabilitation providers, or self-help organizations. The primary objective is to ensure comprehensive and quality-assured support for people with care needs.
State-specific Particularities
The precise design, number, and local distribution of care support centres may differ due to state-specific legal foundations and agreements. For example, some federal states have introduced special state care laws or state agreements for the establishment and operation of care support centres. These may differentiate in requirements related to professional qualifications, opening hours, or the range of services provided by the advisory centres.
Impacts and Significance
Significance in the Long-term Care Insurance System
As central points of contact and coordination, care support centres make an important contribution to the utilization and networking of care and health services and to transparency within the health care system. They improve the care structure, promote cooperation between different stakeholders, and, through comprehensive advice and coordination, help to ensure appropriate and individualized assistance for people in need of care.
Legal Oversight and Quality Assurance
The activities of care support centres are subject to regular quality controls and reporting obligations to the sponsors and, where applicable, to regional authorities. The aim is to ensure a uniform advisory service and the lawful implementation of legal requirements.
Literature and Further Legal Provisions
- Social Code Book XI (SGB XI): §§ 7a, 7c SGB XI
- Care Advancement Act (2008)
- State Care Laws and State Contracts of the Federal States
- German Federal Data Protection Act (BDSG)
- Social Code Books I to XII (SGB I to SGB XII) relating to benefits and data protection
Frequently Asked Questions
Which statutory basis regulates the establishment and tasks of care support centres?
The legal foundations for care support centres in Germany are found in particular in § 7c of Book XI of the Social Code (SGB XI), as well as supplementary in Book XII of the Social Code (SGB XII) and further relevant regulations. According to § 7c SGB XI, the care funds and social welfare agencies are obliged to jointly and equally establish and operate regional care support centres. The purpose of this statutory cooperation mandate is to provide comprehensive, provider-neutral, and local advisory services for people in need of care and their relatives. The responsibilities of care support centres are detailed by law and various administrative regulations and relate to information, individual advice, coordination, networking, and organization of all assistance necessary for care. The organizational structure, responsibilities, and funding are clearly regulated to ensure reliable, independent, and complete support of those insured.
What entitlements do citizens have vis-à-vis a care support centre?
According to the provisions of § 7c SGB XI, insured persons and their relatives have a legally established claim to neutral, comprehensive, and free-of-charge advice at a care support centre. This entitlement includes individual advice on all questions relating to care, support in accessing social benefits, as well as targeted coordination of various aid and care arrangements. Citizens can also request that care support centres assist in completing benefit applications, making referrals to other institutions—such as outpatient care services, short-term care, or further social advisors—and in networking different care services. The services are independent of the care fund and are available to all advice-seekers, regardless of their insurance status or membership in a particular health insurance fund.
To what extent is advice at the care support centre subject to data protection law?
The advice and data processing at the care support centre are subject to strict data protection requirements, in particular those of the General Data Protection Regulation (GDPR) and the special statutory regulations in SGB X (Social Administration Procedure and Social Data Protection). All personal and health-related data collected in the course of advice may only be processed for specific purposes, that is, only for the advisory process and clarification of care provision. The advisors at the care support centre are bound to confidentiality; any transfer of data to third parties, such as service providers or cooperation partners, is only permitted with the express written consent of the person concerned. Thus, independent and discreet handling of concerns is legally ensured.
What obligations to cooperate exist for the parties involved, especially care funds and social welfare agencies?
The legal obligation for cooperation between care funds and social welfare agencies is explicitly regulated within § 7c SGB XI and supplemented by various administrative guidelines. Both parties must jointly ensure, substantively, organizationally, and financially, the establishment and long-term functioning of the care support centre. They are obliged to assign their professional staff and to provide the necessary resources (premises, IT systems, administration). The cooperation also includes the regular exchange of information and the coordination of joint approaches to ensure uniform, quality-assured advice. The participants must pay particular attention to the principle of neutrality and independence of advice.
Are there legal requirements for accessibility of care support centres?
Yes, accessibility of care support centres is legally required. The Act on Equal Opportunities for People with Disabilities (BGG), as well as state legal provisions, oblige that advisory centres must, in principle, be accessible and usable for all people, regardless of physical, sensory, or cognitive impairments. This includes, among other things, step-free access, accessible toilets, visual and acoustic aids, and, if necessary, the use of sign language interpreters or specialized technology. Information and advisory materials should also be provided in an accessible format. If a care support centre does not meet these requirements, affected persons may demand improvements or contact the competent complaints office.
How is the funding of care support centres regulated by law?
The funding of care support centres is expressly regulated in § 7c para. 6 SGB XI. Accordingly, the entities involved in the establishment and operation—primarily the care funds and the social welfare agencies—bear the costs jointly and according to an appropriate allocation key. The exact distribution is determined locally through agreements between the parties and may vary by region. In addition, the states may participate in the funding if they consider it necessary. Ensuring adequate funding is a permanent legal obligation and is subject to ongoing review by the responsible supervisory authorities.
What legal options are available if the services of the care support centre are inadequate or not accessible?
Those entitled who wish to assert claims against a care support centre can rely on their statutory rights pursuant to § 7c SGB XI. In the event of inadequate advice, insufficient accessibility, or violations—such as against data protection or accessibility—there is initially the option of submitting a formal complaint to the care fund, the social welfare agency, or the relevant supervisory authority (for example, the state supervisory authority for social insurance). If these measures are unsuccessful, recourse to the social courts is possible. In legal proceedings, entitled persons can insist on fulfillment of their statutory rights to neutral, local, and comprehensive advice. If necessary, the respective data protection authority or the commissioners for disabled persons may also be contacted, should there be specific legal violations.
