A German Social Association, the VdK, is planning to take legal action against the government’s financing of a hospital reform, led by Health Minister Karl Lauterbach of the SPD party. The VdK intends to challenge the reform in the Constitutional Court, if possible, claiming that the use of health insurance funds to finance the reform is unconstitutional.
VdK President Verena Bentele stated, “Good healthcare for all must be paid for by all. The fact that 25 billion euros for the hospital reform are only to be financed by the contributions of statutorily insured individuals is not only unfair, but also a constitutional misuse of insured funds.”
The hospital reform law, which came into effect in December, aims to alleviate financial pressure on hospitals and promote specialization. The plan is for 50 billion euros to be invested over the next decade, with the federal states and health insurance funds each contributing half.
The VdK argues that the contributions of insured individuals are subject to special protection and can only benefit statutorily insured individuals. However, the reform also benefits privately insured individuals and members of other healthcare systems. Therefore, the VdK claims that the reform should be entirely funded by the state. Bentele said, “Who needs help, receives help. That’s good too. Whoever has an accident or is seriously ill, goes to the hospital and receives treatment – regardless of whether one is statutorily or privately insured.”
The VdK plans to have its members file appeals against their health insurance fund’s contribution notices, which will eventually lead to a procedure in the social courts and then to the Constitutional Court, if necessary.