German Court Rejects Doctor's Claim for Full Telematics Infrastructure Reimbursement
A Stuttgart orthopedist has lost her legal challenge over a flat-rate payment for Germany's telematics infrastructure (TI). The doctor had demanded full reimbursement of nearly €3,900, arguing the €3,150 subsidy was insufficient. The Baden-Württemberg State Social Court (LSG) ruled against her claim, setting a precedent for similar cases.
The dispute began when the doctor received her remuneration notice for the third quarter of 2018. It included a €3,150 subsidy for connecting to the TI, a digital network linking medical practices and pharmacies. Dissatisfied, she sought full compensation of €3,888 from the Association of Statutory Health Insurance Physicians (KV).
The Stuttgart Social Court (SG) initially sided with the doctor, suggesting flat-rate payments must cover all costs. However, the LSG overturned this decision. It ruled that the subsidy did not need to be cost-covering, as long as it was reasonable and constitutionally permissible.
The LSG also clarified that while purely symbolic reimbursements could be problematic, the current flat rates did not fall into this category. It found no legal requirement for the payment to match exact expenses, such as hardware, software, or operating costs. No official figures on typical TI costs for doctors were available during the proceedings.
The ruling confirms that medical providers must share in the TI's introduction costs. The LSG's decision establishes that flat-rate subsidies need only be reasonable, not fully cost-covering. This outcome may affect future disputes over similar reimbursement schemes.
