Federal states instigate legal action against the Federal Constitutional Court over hospital planning issues - Three German territories petition the Federal Constitutional Tribunal
In a significant move, the states of Baden-Württemberg, Schleswig-Holstein, and Saxony-Anhalt have filed a lawsuit against the Federal Joint Committee (G-BA) at the Federal Constitutional Court. The lawsuit centres around strict hospital planning requirements introduced since 2024, particularly the minimum patient volume thresholds hospitals must meet to offer certain treatments.
The primary focus of the complaint is the care of premature children, with hospitals required to demonstrate reaching defined minimum numbers of treated patients for specific medical services such as neonatal care for premature infants. These regulating minimum volumes restrict which hospitals can provide these treatments.
The three federal states argue that these federally imposed minimum volumes override or ignore their constitutional responsibility for hospital planning and healthcare provision within their regions. They fear that the strict minimum volume rules jeopardize local inpatient care availability, potentially forcing certain hospitals to discontinue specialized care for premature infants if they do not meet the thresholds.
Schleswig-Holstein's Health Minister, Kerstin von der Decken (CDU), and Saxony-Anhalt's Health Minister, Petra Grimm-Benne (SPD), have expressed their intentions to challenge the minimum volume and staffing requirements of the Joint Federal Committee. The lawsuit specifically concerns the minimum volume requirements for inpatient care of premature babies weighing less than 1250 grams, allogeneic stem cell transplantation, and staffing of clinics for psychiatry or psychosomatic medicine.
The lawsuit aims to protect the states' ability to manage hospital planning flexibly, as per the beliefs of both Health Ministers. It is also intended to reduce risks for patients due to medical teams having more experience through specialization and concentration of highly complex services, which are essential components of modern hospital planning.
The Federal Constitutional Court will hear the challenge, with the location of the court hearing yet to be specified. This lawsuit is a necessary last resort, according to Health Minister Manne Lucha (Greens), to protect the constitutional rights of the states in hospital planning, in response to repeated interventions by the G-BA in hospital planning. The BMG (Federal Ministry of Health) is not specified as a party in this lawsuit.
