The care-sensitive areas have reached the jurisprudence of the social courts

Nursing staff lower limit regulation (PpUGV): Missing effective lending to the InEK and illegal determination of a nursing-sensitive area solely on the basis of the department key.

The care-sensitive areas have reached the jurisprudence of the social courts. The hospital represented by us in a social court procedure has opposed decisions by the Institute for the Hospital Remuneration System (InEK), with which a care-sensitive area in the specialist field of neurology has been determined exclusively on the basis of the department key specified by the hospital. In its judgment of October 10, 2022, the Karlsruhe Social Court followed the hospital’s view and overturned the disputed decisions. The reason given was that the decisions of the InEK are both formally and substantively unlawful. There is already a lack of effective lending to the InEK. Furthermore, the determination of a care-sensitive area based solely on the department code, taking into account the special care mandate of the hospital, did not stand up to legal scrutiny. The court decision is not yet final.

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