The grading of a nursing home may be published as they apply to a neutral, objective and knowledgeable carried out quality control the medical service of health insurance is based. This was decided by the 8th Division of LSG in a Hessian on Wednesday, 3 November 2010, published decision.
The operator of a nursing home had obtained against the publication of a quality assessment by the care funds before the Social Court of Frankfurt a socio-judicial expedited hearing.
The Darmstadt judge lifted this decision to now and, therefore, of long-term insurance law.
The legislature requires the state associations of the care funds to services and quality of care homes to be published (§ 115 para 1a SGB XI). This should improve market transparency and comparability can be achieved by quality control.
The objection of the nursing home operator, the test results were based only on subjective impressions of the examiners without appropriate findings of fact, were the judges of the Hessian State Social Court does not consent: not The applied test procedure is basically inappropriate. In addition, the judges rejected out that the nursing home may request a reply in the published report.
Hessian Social Court, Az L 8 P 29/10 B ER
Already at 26.05.2010 and up to date on 20.8.2010 had decided the Social Court Münster different:
The publication of the transparency report violates the fundamental right violate the nursing home on freedom of occupation.
Besides constitutional concerns, which had expressed the Social Court of Münster, the "care-TÜV according to § 115 para 1 a SGB XI was unlawful. The assessment criteria are not such as to assess the services provided by nursing homes and their quality. In particular, the results and quality of life of the homes could not be assessed accurately in this way, just that the law requires,
adds that the assessment was fragmented and not the determination of the nursing notes for outsiders to understand.. This consumer would rather disappointed as informed.
SG Münster, AZ. S 6 P 35/10 ER
SG Münster, AZ S 6 P 111/10
Find the decision in full text:
LSG Hessen
http://www.sozialgerichtsbarkeit.de/sgb/esgb/show.php?modul=esgb&id=129072&s0=&s1=&s2=&words = & = sensitive
SG Münster
decision of 05.26.2010 and the case is still pending at the LSG North Rhine-Westphalia (L 10 P 76/10 B ER):
decision of 08.20.2010, the appeal on the SPA was approved:
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