Federal Constitutional Court strengthens the rights of needy nursing home residents - financial expert analyzes the effects of the decision

Federal Constitutional Court strengthens the rights of needy nursing home residents - financial expert analyzes the effects of the decision

According to a report by web.de The Federal Constitutional Court ruled in favor of a needy nursing home resident who was in a dispute with her health insurance company over additional payments. The court strengthened their rights by ruling that an excessive limit on co-payments violated their rights. The health insurance company had confirmed the woman's view, but this decision has now been overturned and the social court has to deal with the case again.

This decision has significant implications for the financial and insurance sectors. Specifically, it was about the assumption of additional payments by the health insurance company, which are limited by a limit of two percent of the annual gross income. The fact that the Federal Constitutional Court has classified the assumption that the social court will cover costs as “lacking any comprehensible basis” changes the legal framework for health insurance companies and their obligations to cover additional payments.

In this specific case, a social welfare agency covers part of the home costs of a needy woman who was born in 1938. After deducting a monthly clothing allowance and a cash entitlement, the remaining income should result in the monthly personal contribution to be paid. The Federal Constitutional Court's decision therefore raises the question of how health insurance companies will deal with similar cases in the future and what impact this may have on the financing of home costs and care services.

The clarity that the Federal Constitutional Court has created with regard to exceptions to the load limit sets new legal standards that the insurance industry and the financial world must take into account. It is likely that health insurance companies will examine more closely in the future whether and to what extent they have to cover additional payments, especially for needy insured persons who are supported by social welfare providers. This could lead to an adjustment of insurance practices and financing models in the care industry.