Current articles on 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
27. Jan 2021 Organizational requirements for successful radiation protection in hospitals, medical care centers and medical practices

Various types of artificial radiation are used for diagnostic and therapeutic purposes in hospitals, medical care centers and radiology practices. The requirements for radiation protection are regulated in the Radiation Protection Act and the Radiation Protection Ordinance.

Medical and social law
20. Nov 2020 Problems with adjusting salaries to the standard pay scale in outpatient intensive care What should I bear in mind when negotiating remuneration?

As is well known, providers of outpatient intensive care conclude contracts with the health insurance funds (currently still individually, in future jointly and uniformly with the health insurance funds) on the provision of services, in which the remuneration is then also regulated. In accordance with. § Section 132l (5) sentence 2 SGB V new version (Section 132a (4) sentence 7 SGB V old version), the payment of salaries up to the level of collectively agreed remuneration and corresponding remuneration in accordance with church labor law regulations cannot be rejected by the health insurance funds as uneconomical. As a result, this means that service providers are entitled to pay their employees salaries up to the level of collectively agreed remuneration and that this must be refinanced by the health insurance fund.

Medical and social law
30. Sep 2020 AvP insolvency - initial legal findings Initial legal findings

On 15.09.2020, the pharmacy billing center AvP Germany filed for insolvency. Since then, there has been great uncertainty among service providers. The insolvency of this payment service provider affects many pharmacies and other service providers throughout Germany; the feared losses due to outstanding payments for prescriptions to be billed run into the billions. For affected pharmacies and the (provisional) insolvency administrator, but also for other healthcare providers who have outsourced their billing and are not (directly) affected by the current insolvency, difficult questions are already emerging from a legal, economic and technical perspective:

Medical and social law
18. Aug 2020 What's next for out-of-hospital intensive care? 1. section 37c SGB V new entitlement to outpatient intensive care

On July 2, 2020, the Bundestag passed the federal government's draft bill to strengthen intensive care and medical rehabilitation in statutory health insurance (IPReG for short) as amended by the Health Committee. The resolution in the Bundesrat is currently still pending. Patient associations had already criticized the government draft in advance and amendments were made in the Bundestag. Nevertheless, numerous questions remain unanswered, particularly with regard to practicability:

Medical and social law
16. Jul 2020 BSG grants protection of legitimate expectations against reimbursement of expense allowances paid before January 1, 2015

We had already reported here on the decisions of the Reutlingen Social Court (SG Reutlingen, judgment of March 14, 2018 - S 1 KR 3632/16) and the LSG Baden-Württemberg (judgment of April 9, 2019 - L 11 KR 1359/18), according to which expense allowances that were issued before the decision of the First Senate of the Federal Social Court of July 1, 2014 on the factual and arithmetical correctness check cannot be reclaimed.

Medical and social law
9. Apr 2020 Reimbursement of additional expenses and reduced income for outpatient intensive care services due to the COVID-19 Hospital Relief Act 1. do outpatient care services fall under outpatient care facilities?

On Friday, March 27, 2020, a number of laws were passed. These included the law to compensate hospitals and other healthcare facilities for financial burdens caused by COVID-19, which has been in force since March 29, 2020.

Medical and social law
9. Apr 2020 Compensation payments for doctors in the corona crisis under the COVID-19 Hospital Relief Act and the protective shield of the Baden-Württemberg Association of Statutory Health Insurance Physicians I. COVID-19 Hospital Relief Act

The COVID-19 Hospital Relief Act, which was published in the Federal Law Gazette on 27.03.2020, is intended, among other things, to mitigate losses suffered by doctors in private practice due to a lack of patients as a result of the coronavirus crisis. To this end, the fifth book of the German Social Code (SGB V) has been partially supplemented or amended, and the Baden-Württemberg Association of Statutory Health Insurance Physicians has also drawn up a protective shield for hardship cases to compensate for direct fee losses due to the coronavirus crisis in quarter 1/2020. The measure was announced in notifications dated 17.03.2020 and 28.03.2020.

Medical and social law
7. Apr 2020 Entry into force of the Medical Device Regulation postponed

On April 3, 2020, the European Commission decided to postpone the entry into force of the Medical Device Regulation by one year so that the member states, healthcare institutions and the economy can devote themselves fully to the fight against the coronavirus pandemic. This decision is intended to improve the availability of vital medical devices in the EU. The postponement initially applies until May 26, 2021.

Medical and social law
6. Apr 2020 Simplified procedure for Corona SARS-Cov-2 virus pandemic respiratory masks (CPA)

Due to the increasing demand for respiratory masks, the European Commission issued a recommendation on March 13, 2020, allowing market surveillance authorities to

Medical and social law

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