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Has the Above-Standard Care Really Been Cancelled?

Publication at Faculty of Law |
2022

Abstract

The relevant decision of the Constitutional Court is often interpreted in the sense of the inappropriateness of above-standard health care, but such an interpretation is incorrect. The reason for the cancellation was purely formal due to the definition of above-standard care in a decree rather than in statute.

With an appropriate, detailed, and directly applicable modification of the above-standard care in the law, the decision could rather confirm the constitutionality of such a system. So how can the above-standard care be approached in practice and what opportunities does it bring to insurance companies?