Current articles on Medical and social law

4. May 2023 Significant change in the intended purpose or design of a medical device

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".

Medical and social law
29. Mar 2023 New procurement procedure for medical rehabilitation pursuant to Section 15 SGB VI and competition law The dual role of German pension insurance

A legal opinion commissioned by the Bundesverband Deutscher Privatkliniken e.V. (Federal Association of German Private Clinics) and various providers of rehabilitation facilities comes to the conclusion that the latest reform of Section 15 SGB VI is contrary to European law and unconstitutional due to a breach of competition law. In particular, the statements of the experts Brosius-Gersdorf and Gersdorf on European competition law are convincing and should encourage the legislator to reconsider the new occupancy and remuneration system:

Medical and social law
5. May 2022 Outsourcing in hospitals? - Decision of the BSG from 27.04.2022 Decision of the BSG of 27.04.2022

In its ruling of 27.04.2022 (B 1 KR 15/21 R), the BSG ruled that hospitals may not outsource essential services of their care mandate to third parties:

Medical and social law
27. Jan 2022 Hospital Future Fund - Tendering of services in accordance with the KHZG Tendering of services in accordance with the KHZG

Almost all hospitals and clinics in Baden-Württemberg have applied for funding for projects from the Hospital Future Fund, which was updated with the Hospital Future Act (KHZG). In many federal states, the funding decisions have already been issued; in Baden-Württemberg, most of these are still pending. There is great joy about the funding, which often amounts to millions, and will make a significant contribution to modernizing the hospital or clinic in the coming years. However, an incorrect procedure when awarding contracts can sometimes lead to the subsidy amount having to be paid back to the state - even after the subsidy amount has been used up. In addition, massive project delays can occur if there are reviews under public procurement law. These risks can be significantly avoided or reduced through proper compliance with public procurement law. This also applies to privately funded hospitals and clinics.

Medical and social law
23. Sep 2021 Transitional care in hospital - The new § 39e SGB V - a regulation without content? The new § 39e SGB V - a regulation without content?

Hospitals are often confronted with the problem that treatment is no longer medically necessary and the patient should actually be discharged to rehabilitation or a nursing home. However, places in rehabilitation facilities and nursing homes are scarce, so patients increasingly remain in hospital until a place becomes available. However, these costs are not covered by the health insurance company; instead, the health insurance companies or the MD complain about incorrect occupancy.

Medical and social law
13. Sep 2021 Outlook for the future: Emergency representation law for spouses Outlook

Under current law, spouses can neither make decisions about medical treatment for their partner who is no longer able to act for themselves, nor represent them in legal transactions, unless they have been appointed as their partner's legal guardian or have been authorized by them through a power of attorney. In practice, this is often met with a lack of understanding by those affected and will soon change.

Medical and social law
10. Sep 2021 Adapted products - new obligations for healthcare professionals § 9 MPDG paragraph 1

A special regulation came into force for healthcare professionals with the Medical Devices Implementation Act (MPDG), which creates new obligations for daily work processes.

Medical and social law
23. Jun 2021 Structural checks

Application by 30.06.2021 or 15.08.2021? What then?

Medical and social law
10. Apr 2021 Opportunities and risks when deploying foreign nursing staff Recognition of the foreign qualification

The profession of healthcare and nursing is one of the so-called shortage occupations. Politicians have recently responded to this shortage with the "Concerted Action for Nursing". The aim of this campaign is to improve working conditions for nursing staff, but also to counter the shortage of staff. One of the points of the federal "Concerted Action for Nursing" initiative is the recruitment of already trained specialists from abroad.

Medical and social law
5. Mar 2021 What changes does the IPReG bring, especially for outpatient intensive care services? 1. what are the most important key points of the IPReG for service providers?

The Intensive Care and Rehabilitation Reinforcement Act (IPReG) came into force on October 29, 2020 and has now been in force for well over half a year. It is probably one of the most controversial legislative projects at the moment and has been met with criticism, particularly from those affected.

Medical and social law
11. Feb 2021 DiGA and the app on prescription Report on the event from 10.02.2021

On 10 February 2021, 46 interested parties met for the online event "The Digital Healthcare Act - DiGA and the app on prescription", which was organized by BioRegioSTERN. There was a diverse group of participants: representatives from research institutions, software and medical technology companies and public authorities showed an interest in the latest developments.

Medical and social law
27. Jan 2021 Weaning only possible after prior habituation? Weaning only after prior habituation

The billing of ventilation hours regularly leads to disputes between hospitals and health insurance companies. This is not least due to the fact that it depends on the exact documentation of the ventilation hours: The DRGs to be billed are based on whether certain threshold values are exceeded (e.g. DRG A13H is only coded if the patient was ventilated for more than 95 hours). The health insurance companies and the Medical Service check in detail whether the billed ventilation hours can also be read from the patient file.

Medical and social law

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