Rechtliche Rahmenbedingungen einer Weiterentwicklung der Unabhängigen Patientenberatung (UPD)

This work is a slightly revised version of a legal opinion prepared in 2020 on behalf of the office of the Federal Government Commissioner for Patients' Affairs. First, the legislative history is presented and the current reform discourse is outlined. This is followed by a detailed analysis and comparative evaluation of feasible legal options for the permanent guarantee of neutral and independent patient counselling. In this context, issues of legislative power as well as the respective legal form including their effects on tax, public procurement and company law are examined in detail.