Articles from Franziska Dunker, LL.M.

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
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
23. Jun 2021 Structural checks

Application by 30.06.2021 or 15.08.2021? What then?

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
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
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
6. Jul 2020 Government draft of the Association Sanctions Act What is the aim of the Association Sanctions Act (VerSanG)?

Compliance is understood to mean the general adherence to all laws, regulations, guidelines and internal rules relevant to a company. A functioning compliance management system should ensure that the rules are adhered to and that violations can be avoided or at least detected and sanctioned.

Labor 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
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

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