Podstawowe założenia dotyczące struktury niemieckiego ubezpieczenia pielęgnacyjnego i ich znaczenie dla rolniczego ubezpieczenia pielęgnacyjnego Fundamental assumptions of the structure of German nursing care insurance and their importance for farmers’ nursing care insurance

Abstract

Europe is currently witnessing demographic change which, on the one hand, with longer average life expectancy, gives rise to a growing number of seniors in need of long termcare and on the other, with the number of births declining, leads to fewer family members willing to provide such care. The change provokes a question about the most promising and practicable solution strategies to ensure public quality care. The European secondary law coordinating social insurance schemes does not provide for nursing care insurance benefits. The benefits are identified with “sickness allowances” as construed by the said secondary law. Therefore, long-term care risk is in many countries covered partly from health insurance . A separate nursing care insurance still remains rare in Europe. Hence, the possibly most comprehensive social insurance that includes long-term care risk is postulated by multiple environments. Germany introduced a public statute-based nursing care insurance scheme in 1995. It is constantly being developed, which is considered an example to be followed in the international arena. As part of social insurance for farmers, farmers’ nursing care insurance is only different with respect to a few special features, notably contribution provisions. Also this insurance falls under Book XI of the Social Code (SGB XI). Later on, the fundamental structural assumptions defined in § 1 (1–4) and (6) of SGB XI will be investigated in-depth, chiefly from legal perspective. The analysis will follow primarily l and systemic interpretation methods. The following issues will be discussed: separate character of nursing care insurance, role of nursing care insurance, scope of insurance (public insurance), solidarity-based funding and organisation.