Paying for the chief physician and getting a substitute. Is that even possible?

The Federal Court of Justice sheds light on the matter in two respects:

With its judgment of March 13, 2025, the Federal Court of Justice dealt with substitute arrangements in connection with so-called elective service agreements, which allow patients to 'buy' a chief physician's treatment. Furthermore, in another judgment dated March 13, 2025, the Federal Court of Justice addressed the hospital operator's right to bill for elective medical services.

Dr. Wolfgang Krafczyk and Moana Wittich explain in their article under what conditions substitute arrangements in connection with elective service agreements are permissible, what services they cover, what impact they have on the elective physician's fee, what role any billing authorization of the hospital operator plays, and what hospitals should consider in the future. “Desired Substitution Without Special Conditions Undermines the Core Content of an Elective Service Agreement – On the Conditions for Billing Rendered Elective Services.”

Now available in the current issue of the Medizinrecht (MedR), 2025 Issue 11, 872-876.

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