The legislature is preparing new rules and passing laws in quick succession. For example, the draft bill of the Health Care Development Act (GVWG) contains 80 measures, including one on doctors’ professional liability.
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Actually, § 21 of the model professional regulations already obliges doctors to sufficiently oppose themselves Liability Claims to insure from the professional activity. The crux of the matter, however, is the word “sufficient”, because it leaves plenty Leeway. Also see the professional codes no sanctions for violations in front. The Hamburg consumer center, among others, pointed this out in 2017 and notified the Federal Ministry of Health that there was a need for legal changes. The professional code of conduct for lawyers, for example, contains detailed information on the amount of insurance that must be taken out and the consequences of a violation.
Comprehensive regulation for control provided
With the GVWG, Federal Minister of Health Jens Spahn now wants to tighten the rules on professional liability in order to strengthen the feasibility of claims for damages and recourse claims in cases of malpractice. In § 95e SGB V it should be made clear that liability insurance applies to everyone Contract doctors is mandatory, but also for MVZs as well as contract doctors and professional associations with employed doctors. The Minimum sum insured from three million euros is intended to cover personal injury and property damage for every insured event. The insurer’s benefits for all damage caused within a year may not be limited to more than three times the minimum insured sum. However, the National Association of Statutory Health Insurance Funds should be able to agree different higher minimum insurance sums with the German Medical Association, the German Dental Association, the Federal Chamber of Psychotherapists and the KBV or KZBV.
The draft law also contains extensive regulations for Control of compulsory insurance intended. If the admissions committee learns that there is no or insufficient professional liability insurance coverage or that this is ending, it should immediately request the contract doctor to present an insurance certificate. If the doctor does not comply with the request, the admissions committee must Suspension of admission decide on. In the case of authorized doctors – unless there is any other insurance cover – the authorization to revoke. In principle, however, the contract doctor is also obliged to notify the competent admissions committee immediately of the failure, termination and changes to the insurance relationship.
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