In their guest article for Der neue Kämmerer, our experts Dr Heiko Hofmann and Dr Lena Güldenstein analyze the pressing challenges currently facing municipal hospitals - and show which legal options municipalities should now consider.
The economic situation of many public hospitals has recently worsened significantly. The reasons for this include structural deficits in the dual financing system, the introduction of the Hospital Care Improvement Act (KHVVG) and unanswered questions regarding the planned service group-related retention fees. At the same time, political and social expectations of reliable local inpatient care are increasing.
Current developments and challenges
The reform plans at federal level do not currently provide any planning security. Proceedings in Berlin and Frankfurt show that the legal framework for municipal support services is also coming under increasing pressure: non-profit and private clinic operators are taking legal action against subsidies to municipal clinics - a novelty with a signal effect. It is still unclear whether the case law of the Federal Court of Justice from 2016 will continue to apply.
Legally compliant solutions - developing individual municipal strategies
Municipalities that own hospitals must therefore examine their strategic options - legally sound and economically viable. In addition to traditional measures such as restructuring or insolvency proceedings, new acts of entrustment, cooperation with other providers or structural changes such as conversion into medical care centers can be considered. The takeover of clinics under non-municipal ownership can also be a viable way of ensuring regional care.
Our advisory service
Our specialist lawyers support municipal decision-makers in the legally compliant design of viable models - both for short-term crisis responses and for strategic structural issues. Contact us if you would like to make your municipal healthcare future-proof.
The full guest article can be found here.
