Der Anspruch der Vertragsärzte auf kostendeckende Einzelleistungsvergütung

The appropriate payment for contracted physicians is a perennial issue. Thomas Ruppel examines a partial aspect of this issue, cost-covering remuneration, and derives an entitlement of con-tracted physicians to cost-covering remuneration of every service from the German constitu-tional rights. The author criticises the jurisdiction of the Federal Social Court of Germany (Bundessozialgericht) according to which the mixed calculation at the base of contract physician remuneration also allows for payment which does not cover all costs. The examination focuses on the freedom of occupation in the form of a duty to compensate commissioning and, for the first time to this extent, also on the freedom of ownership. The author transfers the concept of the duty to compensate the determination of content and limit to medical contract law. The examination is complemented by an investigation of the general principle of equal treatment. Dr. Jur. Dr. rer. med. Thomas Ruppel is lawyer practicing in Lübeck.