Minimum quantity regulation for premature babies: Federal states sue, experts warn of risks
In Germany, since January 2024, hospitals have had to treat at least 25 extremely prematurely born children with a birth weight of less than 1,250 grams annually in order to be allowed to care for these particularly vulnerable newborns. This minimum quantity regulation of the Federal Joint Committee (GBA) aims to improve the quality of care for premature babies by concentrating expertise and technical equipment. Studies show a clear correlation between the number of premature babies treated and a lower mortality rate, which underpins the regulation. Nevertheless, the federal states of Baden-Württemberg, Schleswig-Holstein and Saxony-Anhalt have filed a lawsuit against the regulation before the Federal Constitutional Court, as they see an encroachment on their sovereignty.

About ten percent of children in Germany are born before the 37th week of pregnancy, one percent even before the 32nd week. These extremely prematurely born children, who often weigh less than 1,250 grams, require highly specialized medical care. The minimum quantity regulation is intended to ensure that only clinics with sufficient experience and interdisciplinary teams treat these children. Experts emphasize that centralized care in about 50 specialized facilities throughout Germany could create optimal conditions, while low-risk births close to home should continue to be accompanied by pediatricians.
The University Hospital Dresden, the largest perinatal center in Saxony, cared for a total of 385 premature babies in 2024, including 98 with a birth weight of less than 1,500 grams. Thanks to the high level of expertise, even children with a birth weight of less than 500 grams survive healthily there. Saxony has the lowest infant mortality rate in Germany, which is due to close regional cooperation and the Center for Feto-Neonatal Health, which is unique in Germany. This model coordinates the care of pregnant women and newborns, regardless of the complexity of the pregnancy, and is considered exemplary.
The lawsuit of the three federal states is viewed critically by doctors. Experts warn that stopping the regulation could delay the necessary structural adjustment and jeopardize the care of premature babies. A concentration of care in experienced centers is essential in order to achieve better results for these children and their families in the long term. The Federal Constitutional Court must now clarify whether the regulation violates the competences of the states, while the debate about the optimal care of premature babies continues.
Editor: X-Press Journalistenbüro GbR
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