Three German federal states – Baden-Württemberg, Schleswig-Holstein and Saxony-Anhalt – have jointly filed a constitutional complaint against stipulations issued by the Joint Federal Committee (G-BA), Germany’s central body for healthcare decision-making. The health ministers of the three states announced the action Tuesday, seeking a judicial review of whether the G-BA’s minimum volume and staffing requirements align with the states’ constitutional responsibility for ensuring adequate hospital care.
The complaint specifically focuses on provisions related to the inpatient care of premature infants weighing less than 1,250 grams, as well as allogeneic stem cell transplantation. Concerns center around the potential for the G-BA’s regulations to exacerbate existing healthcare access issues and lead to gaps in service provision.
Minister Manne Lucha of Baden-Württemberg described the legal challenge as a “necessary last resort” to safeguard the states’ authority over healthcare planning. The states also express strong reservations about the G-BA’s staffing requirements for psychiatric and psychosomatic clinics, arguing they are largely unenforceable given the existing nationwide shortage of qualified personnel.
The states warn that the implementation of potential financial penalties starting in 2026 could result in hospital closures or reductions in available services, ultimately impacting patient care. The constitutional complaint seeks to clarify the division of responsibilities between the federal government and the states in the crucial area of hospital provision.
