Partial success for KV Bavaria: Munich Social Court reprimands TeleClinic

Munich. The Bavarian Association of Physicians (KV Bayern) has apparently been partially successful in its injunction against TeleClinic. Both parties have already been served with a ruling from the Munich Social Court (SG) criticizing certain aspects of the video consultation platform, as TeleClinic announced in response to an inquiry by Ärzte Zeitung on Thursday.

The court has not yet published the decision. A statement is being prepared, the SG stated. A statement from the Bavarian Association of Statutory Health Insurance Physicians was not available by press time on Thursday. Tagesspiegel Background was the first to report that a ruling had been made.

Only effects in Bavaria

Benedikt Luber, Managing Director of TeleClinic, emphasized that the first-instance ruling is not yet legally binding and, moreover, only affects "our services in Bavaria." "It therefore has no impact on TeleClinic's nationwide range of services. Patients and physicians in Bavaria can continue to use our platform as usual," Luber said.

Luber said the Social Court had confirmed TeleClinic's previous offer "in many respects." However, it fell short in several areas.

"We consider the complaints regarding issues such as our usage-based pricing model to be unfounded. The fees are directly tied to the services provided by TeleClinic and are in line with the applicable legal framework," Luber wrote.

Company wants to have the ruling reviewed

The court also apparently criticized quality standards. According to Luber, TeleClinic "can and will fully implement the nationwide standards defined in Annex 31c to the Federal Framework Agreement for Physicians, including the mandatory initial assessment."

The Social Court dismissed the lawsuit brought by the Bavarian Association of Physicians "on many points," "thus fundamentally confirming and supporting TeleClinic's offer." The GmbH will appeal because it is convinced "that our offer is in compliance with applicable legal requirements."

Own Bavaria page

Apparently in response to the ruling, TeleClinic now has its own Bavaria website. It's visually significantly more streamlined.

Unlike the homepage for the rest of Germany, the Bavaria website no longer mentions, among other things, that prescriptions or sick notes can be "requested" and symptoms can be clarified via video consultation. The Bavaria website only mentions in general terms that a doctor's appointment can be arranged.

"We regret that our attempts to resolve the legal issues out of court have not yet been accepted," Luber said. TeleClinic remains open to dialogue with all parties involved.

KV Nordrhein also sues

In addition to the Bavarian Association of Statutory Health Insurance Physicians (KV Bayern), the North Rhine Association of Statutory Health Insurance Physicians (KV Nordrhein) is also suing the online platform. They are critical of TeleClinic's business model, claiming that patients can order certain services, such as sick notes or prescriptions, "virtually 'at the touch of a button.'"

This, the KV stated in a March statement, poses risks to patient health. A sensible and cost-effective treatment via video consultation must be preceded by a digital initial assessment process.

The North Rhine KV also criticized the handling of health data. They also criticized the apparent preferential treatment of insured members of health insurance companies that have contracts with TeleClinic. "Our job is to ensure that all patients are seen based solely on medical urgency. Therefore, we view this type of service with skepticism," said Dr. Frank Bergmann, Chairman of the KVNO Board at the time.

A decision has not yet been made on the lawsuit filed by the North Rhine-Westphalian Association of Statutory Health Insurance Physicians (KV Nordrhein), which is pending before the Munich Regional Court. However, the current ruling by the Social Court appears to "support our legal opinion," the association announced on Thursday. (juk)