How dangerous is an excessive division of labor in the BAG, Ms. Vogtmeier?

If the caseload of a physician working in a professional association (BAG) plummets to almost zero, their license may be jeopardized. This is demonstrated by a recent ruling by the Munich Regional Social Court , which concerned a general practitioner in a BAG who suddenly worked almost exclusively on-call shifts but hardly billed for any treatment cases during regular practice operations.

In the "ÄrzteTag" podcast, Katharina Vogtmeier of the Berlin-based law firm D+B Law explains how easily a license revocation can occur in cases where the Federal Labor Court (BAG) and the Medical Care Center (MVZ) are organized on a division of labor. According to the specialist lawyer for medical law, the licensing committee usually issues a warning before revoking a contract physician's license.

In the interview, she explains roughly what percentage of the average caseload a contracted physician must fall below before their license is jeopardized. A division of labor "with one doing a bit more management, a bit less medical care" should generally not be problematic, according to Vogtmeier's assessment – ​​case law so far has provided little more than guidelines.

It also provides an assessment of whether the ruling of the Federal Social Court could hold up or not, what consequences this would have for the BAG and how the community could have saved the contract doctor's office.

The podcast also addresses tax aspects of the division of labor in group medical practices. The Federal Fiscal Court issued a relevant ruling on this issue in March . Attorney Katharina Vogtmeier also discusses whether and when the division of labor can lead to trade tax liability for a BAG or a medical care center.