VG Düsseldorf: Nursing service must tolerate home supervision
Predominantly people in need of long-term care, such as wake coma patients, cannot form a shared apartment as subtenants in an apartment. Rather, a nursing service is the main tenant and this guarantees "around-the-clock" care for the guard coma patients. : 26 K 6422/16).
A nursing service from the Viersen district had sued and wanted to defend itself against the finding of the home supervision authority that it was running a nursing facility. The nursing service had rented an apartment and sublet the individual rooms to those in need of the greatest care, especially vigilante patients, and looked after them around the clock. However, this is not a nursing home, but a shared apartment, according to the nursing service. The authority should not control this form of living.
The home inspectorate disagreed. The subtenants in need of care are no longer mobile and able to communicate. Independent living in a shared apartment is not possible.
The administrative court followed. In cases where the residents are dependent on round-the-clock care due to their state of health and the nursing service also guarantees full care, there is no flat share, but a home facility. The services of the nursing service are "typical" for nursing homes. The institution is therefore subject to the supervision of the competent authorities.
Other courts have already made similar decisions. On September 21, 2011, the Hanover Administrative Court ruled that the “Rudi Carells Mühle” should be classified as a nursing home. The late owner had converted the mill of the deceased show master and sublet the individual rooms to people in need of heavy care. At the same time, the landlord's nursing service took over the intensive medical and domestic care.
The administrative court had ruled here that there was no residential community but a nursing home. Housing, care and housekeeping are offered from a single source.
The classification as a nursing home not only means that the home supervision controls the home, the nursing care insurance also pays lower care rates than for residents of a shared apartment. fle