Countries raise concerns over GBA's minimum product quantities and staff stipulations
In a significant move, the states of Baden-Württemberg, Schleswig-Holstein, and Saxony-Anhalt have filed a constitutional complaint against the guidelines set by the Joint Federal Committee (G-BA). The complaint focuses on the minimum quantity and staffing requirements for inpatient care, particularly for premature babies weighing less than 1,250 grams and allogeneic stem cell transplantation, as well as staffing requirements for psychiatric facilities and psychosomatic clinics.
Health Minister Manne Lucha (Greens) from Baden-Württemberg described the action as a "necessary last resort" to protect the planning sovereignty of the states. The states argue that the regulations impose rigid minimum volume thresholds and personnel staffing mandates that could negatively impact the availability and quality of care in their regional healthcare institutions.
The staff shortage in psychiatric care is a significant issue that the states are raising in their legal challenge to the G-BA's guidelines. The states contend that the staffing requirements are hardly feasible due to the current staff shortage, and if sanctions are imposed from 2026, clinic closures or restrictions in the supply offer are threatened.
The staffing requirements for psychiatric facilities and psychosomatic clinics are under criticism by the states, with concerns that these could lead to supply bottlenecks. The states of Baden-Württemberg, Schleswig-Holstein, and Saxony-Anhalt are particularly worried about the impact on smaller or rural hospitals and clinics, forcing them to consolidate or drop crucial services.
The complaint aims to have the compatibility of these requirements with the state's responsibility for hospital care examined. The dispute revolves around the balance of power between the federal government and the states regarding healthcare policies and regulations.
This constitutional challenge reflects concerns about balancing quality regulation with preserving healthcare accessibility and regional diversity within Germany’s hospital and specialized care infrastructure. The announcement was made by the health ministers of the three states on Tuesday.
The states' concern about staffing requirements in psychiatric care could potentially set a precedent for future challenges to federal healthcare guidelines. If successful, this legal action could reshape the healthcare landscape in Germany, ensuring a more balanced approach between quality regulation and maintaining accessibility and regional diversity in healthcare services.
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