Baden-Württemberg, Schleswig-Holstein and Saxony-Anhalt have filed a constitutional complaint with the Federal Constitutional Court to have the legality of the minimum quantity regulation of the Federal Joint Committee (G-BA) for the care of premature babies with a birth weight of less than 1,250 grams examined. The regulation is intended to ensure that clinics only carry out such treatments if they can prove a minimum number of cases per year in order to ensure quality and patient safety. The plaintiff states see this as an inadmissible encroachment on their hospital planning sovereignty and fear supply bottlenecks, especially in rural regions.

The chairwoman of the AOK Federal Association, Dr. Carola Reimann, sharply criticizes the lawsuit. She emphasizes that the minimum quantity regulation is a scientifically sound instrument for quality assurance that significantly improves the chances of survival of premature babies with extremely low birth weight. Studies show that higher case numbers are associated with better treatment outcomes. The regulation concerns plannable treatments in which patient safety has priority, and does not impair the hospital planning of the federal states. In addition, states can grant exemptions to ensure coverage nationwide. Reimann therefore considers the lawsuit to be incomprehensible, as it fundamentally calls into question the quality requirements of the Joint Self-Government, which have proven to be effective in the past.

The debate reflects the conflict between nationwide quality standards and regional care structures. While the states are calling for more flexibility in their hospital planning, health insurance companies and patient representatives are emphasizing the importance of minimum quantities for the quality of care. The procedure could have groundbreaking consequences for the future balance between uniform standards and regional autonomy in the health care system.

Editor: X-Press Journalistenbüro GbR

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