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In principle, all doctors and dentists who participate in contracted (dental) medical care are obliged to participate in the organized emergency service (also: "emergency service" or "on-call service"). The emergency service is organized by the Associations of Statutory Health Insurance Physicians (KVs) and Associations of Statutory Health Insurance Dentists (KZVs), whose mandate under Section 75 (1b) SGB V also includes the provision of care by statutory health insurance physicians during non-office hours. (Dental) doctors who otherwise do not or no longer participate in SHI-accredited medical care (so-called "pool doctors") can also voluntarily participate in the emergency service.

It has been disputed for some time whether a doctor requires a manufacturing authorization under pharmaceutical law for an autologous fat transplant that he performs in his practice.

The Schleswig-Holstein Regional Labor Court dismissed an employee's claim against her employer for payment of continued remuneration for the duration of her notice period, for which she was on sick leave.

The legally compliant agreement and billing of elective services repeatedly causes difficulties for hospital operators. It is particularly annoying when patients can refuse to pay for elective services for formal reasons because no effective contract has been concluded. For this reason, particular importance should be attached to the formal conclusion of a contract with the patient.

What should be done if the MD determines that the requirements of an emergency level are not met?

In its ruling of 29.06.2023, Ref.: 2 AZR 296/22, the Federal Labor Court ruled that there is generally no prohibition on the use of recordings from open video surveillance in dismissal protection proceedings that are intended to prove intentional conduct by the employee in breach of contract. According to the Federal Labor Court, this also applies if the employer's surveillance measures do not fully comply with the requirements of data protection law.

As of 02.12.2024, the ability to prescribe dressings at the expense of statutory health insurance for wound care will change. Manufacturers of dressings should check whether the products they manufacture can continue to be prescribed as dressings or whether they fall under the newly created category of other products for wound treatment.

The Federal Supreme Court has now ruled on an all too tiresome issue: a practice can demand a cancellation fee from a patient who does not show up for an agreed treatment appointment or cancels it at short notice (provided certain conditions are met).

What happened?
The transfer of data to countries with a lower level of data protection than the EU - such as the USA to date - is generally prohibited. On Monday, July 10, 2023, the European Commission has now adopted an adequacy decision for secure and trustworthy data flows between the EU and the USA.

As the reform of foundation (civil) law will come into force on July 1, 2023 and a completely uniform federal civil foundation law will therefore apply for the first time, it is necessary for the state foundation laws to be adapted accordingly.

Before a distributor is allowed to make a medical device available on the market, they must check whether the product complies with certain regulatory requirements. According to Art. 14 para. 1 of the Medical Device Regulation 2017/745 EU (MDR):"When making a device available on the market, distributors shall act with due care in relation to the applicable requirements."

Legacy devices may continue to be placed on the market in accordance with the new transitional provisions of the MDR (Art. 120 MDR) since the amending regulation of the MDR of 23.03.2023 if and as long as no significant change in the intended purpose or design has been made. Against the background of the new Art. 120 para. 3c lit. b MDR, the question therefore arises as to when a change in the intended purpose or design is "substantial".