Articles from Dr. Ulrike Brucklacher

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
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
18. Nov 2020 Legal problems with platforms and portals in the medical and healthcare sector

In recent years - and not just since the coronavirus crisis - there have been more and more portals offering medical information or even medical services, such as second opinion portals, scientific information portals for patients or doctors, drug reviews and symptom checkers. Numerous new portals have emerged at short notice, especially now in Corona times, or are in the process of being created, e.g. telemedical offers, mediation portals such as appointment mediation. There are typical legal problems that need to be considered when advising such portals:

Digital & analog, IT law, copyright, e-commerce
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
2. Apr 2020 Help for hospitals through COVID-19 Hospital Relief Act? Compensation payments to hospitals due to special burdens caused by COVID-19

The COVID-19 Hospital Relief Act is intended to support all companies and individuals working in the healthcare sector in coping with the coronavirus crisis. The aim is to compensate for loss of revenue, reduce bureaucracy and impose sanctions. Whether the COVID-19 Relief Act will do justice to this will only become clear in the coming weeks. Initial doubts are being raised.

Medical and social law
19. Mar 2020 Quality assurance agreements with distributors of medical devices

Regulation (EU) 2017/45 on medical devices (MDR for short) lays down regulatory obligations for distributors of medical devices for the first time. With this regulation, the European legislator is pursuing the goal of a smoothly functioning internal market for medical devices while at the same time ensuring quality and safety to protect the health of patients, users and third parties.

Medical and social law
19. Mar 2020 Quality assurance agreements between suppliers and manufacturers of medical devices

Regulation (EU) 2017/45 on medical devices (MDR for short) requires manufacturers to have a quality management system and a post-market surveillance system in place, which should be adapted to the risk class and type of device in question. Furthermore, a risk management system and a system for reporting incidents and safety corrective actions in the field must be set up. These high quality and safety requirements for medical devices are intended to dispel general safety concerns about these products in particular.

Medical and social law

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