Current articles on 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
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
18. Mar 2020 Coronavirus newsletter and the impact on intensive care services

The coronavirus is keeping everyone on their toes at the moment, especially in the healthcare sector. In addition to the problem of increasingly scarce protective clothing, intensive care services, among others, have recently been increasingly confronted with various employment law issues due to the coronavirus. This involves a large number of cases, the most important of which we have selected below.

Medical and social law

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