Engpässe bei der medizinischen Versorgung ambulanter Patienten aus Sicht des Richters

In ambulatory care diagnostic and therapeutic procedures may only be applied if they have a positive recommendation from the Federal Joint Committee. Both physicians and patients are bound by this rule. Limitations of ambulatory care cannot be attributed to the existing rules applicable to the funding for ambulatory care services; they only affect the pecuniary interests of Statutory Health Insurance (SHI) accredited physicians which are beyond the control of the insured. The prescription of medical drugs, supplements and health aids is subject to stronger restrictions, which can pose a dilemma for physicians: on the one hand, they are allowed by law to prescribe even the most costly medical drugs to every insured patient, if required, but on the other hand, they will have to prepare themselves for drug recourse claims. This situation can be relieved by appropriately handling reviews of so-called average prescription limits. Physicians should support the exertion of indirect influence over their prescription behaviour through measures like substitution (“aut idem” principle) and discount contracts and also, they should actively commit themselves to this approach when facing their patients. Otherwise financial viability, especially with respect to the supply with medical drugs, of the statutory health insurance system will be at risk.