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Errichtung selbständiger Ambulatorien: VfGH hat Bedenken gegen die Regelung der „Zielsteuerung Gesundheit“

Constitutional Court: Concerns about the “Health Targeting” regulations

Last week, the Constitutional Court decided to initiate a law and ordinance review procedure against the regulations of the “Zielsteuerung Gesundheit” (“Health Targeting”) on the basis of two complaints we had filed against the refusal of permits for the establishment of independent outpatient clinics.

For the time being, the Constitutional Court shares the concerns we have raised about the integrative planning of Austria’s health care infrastructure. According to that, certain parts of the Austrian Health Structure Plan (ÖSG) and the Regional Health Structure Plans (RSG) are declared binding by a company under private law, the so-called Gesundheitsplanungs GmbH. There are concerns about this with regard to the federal distribution of competences and the principles of state organization. In addition, there are fundamental rights concerns about the regulations in the structural plans regarding a rigid quota system for independent outpatient clinics.

It remains to be seen if the Constitutional Court will overturn the regulations.

The entire decision can be found here.


9. November 2021

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