Home » Medical care close to where you live threatens to deteriorate – Association sees constitutional and European legal limits for government interventions against medical care centers

Medical care close to where you live threatens to deteriorate – Association sees constitutional and European legal limits for government interventions against medical care centers

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Medical care close to where you live threatens to deteriorate – Association sees constitutional and European legal limits for government interventions against medical care centers

Berlin – 16.06.2023

Federal Council calls for stricter regulation of medical care centers (MVZ). Criticism comes from MVZ operators and legal experts.

The Federal Council calls for stricter regulation of medical care centers (MVZ). A corresponding motion for a resolution was passed by the Chamber of States today. In it, the Federal Ministry of Health is requested to present a corresponding “MVZ Regulation Act” and to restrict the founding options for MVZ groups, for example.

The demands of the federal states meet strong criticism from practice. The chairwoman of the Federal Association of Operators of Medical Care Centers (BBMV) warns of a deterioration in family and specialist medical care close to home if MVZ foundations are made more difficult. “We are running into a supply emergency with our eyes wide open and in response the Federal Council also wants to limit the number of possible practices – that doesn’t go together for me,” says Sibylle Sauch-Eckmann.

At the end of 2022, 41 percent of general practitioners and specialists were already over 60 and thus close to retirement age. It is becoming increasingly difficult for these doctors to find a successor for their medical practice. Medical care centers are therefore seen as a possible alternative to ensure outpatient care. “Instead of restricting MVZ groups, politicians must ensure that all options for ensuring medical care on site are retained,” emphasizes the BBMV chairwoman.

Criticism of the Federal Council’s demands also comes from legal experts. This is how the constitutional lawyer Prof. Dr. Martin Burgi “insurmountable constitutional and European legal limits” in the event of further restrictions on medical care centers. The professor for public law and European law at the LMU Munich has examined the proposals of the state chamber in a legal opinion with regard to the compatibility with constitutional and European law. On the other hand, he considers stricter transparency requirements and ensuring medical independence to be legally feasible.

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The Federal Ministry of Health said in advance that the legal framework was known and that it would be clearly observed in the event of further regulation. The responsible department head made this clear at a panel discussion of the BBMV at the end of May.

About the BBMV

The Federal Association of Operators of Medical Care Centers is committed to a wide variety of providers and the best possible quality of care for patients in the outpatient healthcare sector. The members operate nationwide medical care centers (MVZ) and contribute to local family and specialist care. They represent the common interests of the members towards politics, self-government and the public according to the principles of openness, transparency, fairness and integrity.

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