The Federal Government acknowledges flaws regarding how medical practices inform citizens about the benefits and risks associated with self-pay services (IGeL), but it strongly rejects demands for stricter federal regulations aimed at enhancing patient protection. This stance emerged from the Ministry’s response to a parliamentary inquiry by the Green party faction.
Tino Sorge, the Parliamentary State Secretary for Health (CDU), stated that patients opting for individualized health services, especially those with undefined benefits or potential risks, indicates an “insufficient implementation of disclosure duties within the practices.” He clarified that the responsibility for monitoring and penalizing violations of these disclosure duties rests with the respective State Medical Chambers. Furthermore, the Minister affirmed that federal regulation is unnecessary, asserting that the existing legal framework “norms comprehensively and without gaps” regarding patient protection.
The Ministry has also turned down the concrete request from the Federal Patient Commissioner, Stefan Schwartze (SPD), to prohibit certain self-pay services. Sorge argued that a blanket statutory ban on medical procedures would illegally infringe upon professional treatment freedom and the patient’s right to informational self-determination. Schwartze had specifically pointed to ultrasound examinations for cancer screening in the ovaries and uterus, claiming such procedures needlessly cause young women anxiety.
According to Sorge, the government does not plan legal measures to prevent services covered by health insurance from simultaneously being offered as paid IGeL. This approach continues to be criticized by consumer advocates and the Medical Service.
Conversely, Armin Grau, a health policy expert from the Green Party, urged for “clear legal regulations.” He specifically demanded the documentation of IGeL disclosures within the electronic patient file and a clear distinction between services provided under statutory insurance and self-pay consultations. He asserted to the RND that preventing commercial interests from influencing medical decisions requires “more transparency, effective controls, and better patient protection.”
