Implementation Status Länder – Implementation Support Federal Participation Act

State of implementation in the LänderEeverance laws and framework agreements according to § 131 SGB IX

Numerous provisions of the BTHG are substantiated by state laws and state framework agreements. An overview of the implementation status in the countries can be found on this page.

Necessary implementation measures and legislative leeway at the state level are above all:Necessary implementation measures:

• Determination of the future providers of integration assistance (§ 94 Para. 1 SGB IX)
• Effect on comprehensive, needs-based, social space-oriented and inclusive offers from service providers as well as support for the providers of integration assistance in the implementation of their security mandate (§ 94 para. 3 SGB IX)
• Formation of working groups for the promotion and further development of the structures of integration assistance (§ 94 Para. 4 SGB IX)
• Conclusion of framework agreements at state level by providers of integration assistance and associations of service providers (§ 131 para. 1 SGB IX)
• Determination of the relevant representation of the interests of people with disabilities who participate in the preparation and adoption of the framework agreements (§ 131 para. 2 SGB IX)

Legislative leeway (including opening clauses):

• Provisions on the complex performance of early intervention (§ 46 Para. 4-6 SGB IX)
• Enabling the services by other service providers (§ 60 para. 3 SGB IX) and clarification of the professional quality standards and requirements for the approval of other service providers
• Deviation upwards from the planned percentage of the reference value (40 percent of the monthly reference value according to § 18 para. 1 SGB IV, 1,274 euros for the year 2020) in the context of the budget for work (§ 61 para. 2 SGB IX)
• Further provision on the composition and procedure of the working groups (§ 94 para. 4 SGB IX)
• Provision that the social assistance institution responsible for home care services must reimburse the costs of home care services provided by the integration assistance institution (Paragraph 103(2) of SGB IX)
• Further determination of the instrument for determining needs by ordinance (§ 118 para. 2 SGB IX)
• Possibility of introducing unjustified profitability and quality checks at service providers (§ 128 para. 1 SGB IX)
• Further provisions on the arbitration board (§ 133 para. 5 SGB IX)

A thematically arranged overview of the implementation status in the federal states can be found in the following document (as of June 2021):

On 21 March 2018, the state parliament of Baden-Württemberg passed a law to implement the Federal Participation Act in Baden-Württemberg. In addition, the state framework agreement pursuant to § 131 SGB IX was concluded on 28 July 2020.

For the implementation of the BTHG in Bavaria, the Bavarian Participation Laws I and II were developed and adopted in 2018 and 2019. In addition, a transitional agreement was concluded between the providers of integration assistance and the associations of service providers for the period from 1 January 2020 to 31 December 2022 at the most.

On 1 January 2020, the Act on the Implementation of the Federal Participation Act in Berlin and the Berlin Framework Agreement pursuant to § 131 SGB IX entered into force. A transitional arrangement will apply until the end of 2021. Until then, a remuneration structure is to be united, which is not yet included in the current state framework agreement.

In Brandenburg, the implementation of the Federal Participation Act was implemented in several stages. The Act on the Implementation of the Ninth Book of the Social Code (Article 1 of the Act on the Implementation of the Federal Participation Act) entered into force on 1 January 2019. Since 1 January 2020, the framework agreement in accordance with § 131 SGB IX in Brandenburg has also been in force.

In March 2019, the "Act on the Implementation of the Federal Participation Act" was published in the Law Gazette of the Free Hanseatic City of Bremen. The state framework agreement according to § 131 SGB IX was concluded in August 2019.

On 13 June 2018, the citizens of the Free and Hanseatic City passed the Act on the Implementation of the Ninth Book of the Social Code – Rehabilitation and Participation of People with Disabilities – (AG SGB IX). In addition, the state framework agreement of 19 December 2018 entered into force.

In Hesse, the law implementing the Federal Participation Act was adopted by the state parliament in September 2018. In addition, a state framework agreement was concluded for the period from 1 January 2020 to 31 December 2021.

On 12 December 2019, the State Parliament of Mecklenburg-Western Pomerania passed the Act on the Implementation of the Federal Participation Act. In particular, the Land Implementation Act to SGB IX (AG-SGB IX M-V) is enacted. The state framework agreement was put into force on 19 December 2019 by state ordinance.

In Lower Saxony, a "Law on the Implementation of the Federal Participation Act" has been in force since 1 January 2020 (in parts already since 24 October 2019). Instead of a framework agreement, a transitional agreement was concluded for the implementation of the BTHG for the period up to 31 December 2021.

On 11 July 2018, the state parliament of North Rhine-Westphalia passed the Implementation Act for the implementation of the Federal Participation Act. On 1 January 2020, the state framework agreement pursuant to § 131 SGB IX also came into force.

In Rhineland-Palatinate, both the state law for the implementation of the Federal Participation Act and the state framework agreement were concluded at the end of 2018.

In Saarland, the Law on the Implementation of the Federal Participation Act was passed in 2018 to implement the BTHG and the State Framework Agreement was concluded in July 2020.

In Saxony, the Implementing Act was published in the Saxon Law and Ordinance Gazette on 25 July 2018. The state framework agreement according to § 131 SGB IX was concluded on 5 August 2019.

On 21 November 2019, the state parliament of Saxony-Anhalt passed the Participation Strengthening Act of the State of Saxony-Anhalt. The framework agreement pursuant to § 131 (1) SGB IX was concluded on 14 August 2019.

On 22 March 2018, the Schleswig-Holstein State Parliament passed the First Act on the Implementation of the Federal Participation Act (1st Participation Strengthening Act). The Second Act on the Implementation of the Federal Participation Act (2nd Participation Strengthening Act) was passed on 11 December 2019. The state framework agreement according to § 131 SGB IX was concluded on 12 August 2019.

The Thuringian Law on the Implementation of the Ninth Book of the Social Code (ThürAGSGB IX) was passed in the Thuringian State Parliament on 30 August 2018. The state framework agreement according to § 131 SGB IX was concluded on 31 May 2019.