Three German federal states – Baden-Württemberg, Schleswig-Holstein and Saxony-Anhalt – have jointly filed a constitutional complaint against stipulations set forth by the Joint Federal Committee (G-BA), Germany’s central decision-making body for healthcare. The states’ health ministers announced the action Tuesday, signaling a formal challenge to the committee’s recent directives.
The complaint seeks a legal review of whether the G-BA’s mandated minimum quantities and staffing levels align with the constitutional responsibilities of the individual states in providing hospital care. Specifically, the challenge focuses on provisions concerning the inpatient care of premature infants weighing less than 1,250 grams and allogeneic stem cell transplantation.
The states express concern that the G-BA’s requirements could lead to gaps in healthcare provision. Manne Lucha, Health Minister of Baden-Württemberg, described the legal action as a “necessary last resort” to safeguard the states’ authority over healthcare planning.
The states are also critical of the G-BA’s staffing requirements for psychiatric and psychosomatic hospitals, arguing they are realistically unattainable given the current nationwide shortage of healthcare professionals. They warn that if penalties are imposed beginning in 2026, the result could be hospital closures or reductions in available services.