Rösler's health care reform contradicts the Basic Law

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New Coalition Healthcare Regulations Unconstitutional?

(26.07.2010) After the vehement criticism of Rösler's plans for health reform by employers, unions, social organizations, the opposition, individual CDU prime ministers and even health insurance representatives, there are now even constitutional concerns.

After the numerous criticisms of the drafts for the reorganization of the health system, Federal Minister of Health Philipp Rösler (CDU) threatens new disaster. A report commissioned by the SPD on the coalition's drafts concludes that Rösler's publicly presented plans are unconstitutional.

The legal expert with a focus on social security and administrative law and employment promotion law and vice president of the Johann Wolfgang Goethe University in Frankfurt am Main, Professor Dr. Ginger Ebsen worked out. According to him, the amount referred to as "social compensation" for low earners should run counter to the German Basic Law. In the future, statutory health insurance funds should be able to collect additional contributions and no longer have to adhere to the rule that the contributions may not exceed 1 percent of gross income. For low-wage earners and pensioners, however, there should be the "social compensation" mentioned. Professor Dr. Ebsen's report indicates that only the salary and benefits from the statutory pension insurance would be used to calculate the gross income in this case. Amounts due to company pensions or other old-age provision, survivor's pension or second jobs should therefore not be taken into account in the calculation. As a result, social compensation can often reach those who are not in need.

The SPD is said to have already confronted the Lower Saxony FDP man Rösler and the Federal Ministry of Health under his leadership with the inconsistencies. The answer was that the cases mentioned would be rarities that would be dealt with. But here, too, the SPD immediately followed suit: The federal chairman of the Social Democratic Women's Association (ASF), who comes from Saarbrücken, and MdB Elke Ferner, who is responsible for health and social affairs in the SPD parliamentary group in the SPD, told the DAPD news agency that “it was only with the German pension insurance should give 4.4 million pensioners "who receive more than one pension payment only from the German pension insurance".

So it will be interesting to see what Rösler's Ministry of Health will present in the form of bills for reform and the additional contributions after the summer break. (tf)

Also read:
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Health insurance: overweight people should pay more?
Rössler warns doctors about the closure of practices

Image: A. Rausch, Pixelio.de

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