The remediation order (§§ 34–37)

In detail

When an order comes

A remediation order comes when a criterion of §§ 4–14 or 16–25 isn't met. After the self-evaluation ÖQMED sends it § 34(1); after an on-site visit the BIQG does, based on the peers' report and any statement you made § 35(1). The quality-management aspects of § 26 never count as a deficiency § 31(2). For hygiene deficiencies under § 7(1), the approach depends on the risk to patients.

What the order says

• each single deficiency,
• the kind of proof with which you show the fix,
• the deadline: four weeks at most, unless another deadline suited to the fix is called for § 34(2), § 35(2).

Your duty

You fix each deficiency as the order requires and prove the fix without being asked again: to ÖQMED if the order came from ÖQMED § 34(3), to the BIQG if the BIQG issued it § 35(3).

The check

The BIQG checks the fix against the proof the order asked for, with a peer if needed § 36(1). A visit is part of it when the fix can only be seen on site, or professional reasons require one § 36(2). It is normally announced, and other criteria may be checked too. In justified exceptions it comes unannounced § 36(3).

How the check ends

After a check visit, the peer sends the BIQG a report on the remediation within four weeks § 37(1). Then there are three outcomes:

• Fixed: once the order is met, the procedure ends with the quality certificate, provided your CME is proven too § 41.
• Not fixed: the BIQG reports unremedied deficiencies to the Austrian Medical Chamber's disciplinary prosecutor § 37(4). If an unremedied deficiency concerns hygiene under § 56(1) no. 1 of the Physicians Act, it also informs the district authority § 37(5).
• Danger or obstruction: if the check reveals an immediate danger to health, or doesn't take place for reasons you are responsible for, that is a serious breach of professional duty and a disciplinary offence. Where specialty quality standards on process or structural quality are affected, it is also grounds for terminating the health-insurance contract under § 343(4) ASVG § 37(2)–(3).

If the check visit brings further deficiencies to light that weren't part of the check, the same procedure applies to them § 37(6).

How to stay within the deadline

• Assign each deficiency to a responsible person on the day the order arrives, and put the deadline in the calendar.
• Collect the required proof for each deficiency separately, for example one folder per deficiency.
• Keep a record of what you sent and when. "With proof" means you can show the proof was sent.
• If four weeks clearly won't be enough, for building work for example, raise it early with whoever issued the order.