Cash registers may not advertise with discounts

Health insurance companies may not advertise new members with discounts

13/09/2012

As the Social Court of Berlin decided now, health insurance companies may not use discounts for furniture stores or leisure activities when advertising for new members. The court justified its decision by expressly referring to the interest of the health insurance funds, which was directed primarily to the health of its members.

Cash registers are allowed only with „Health-related“ advertise
In the present case six Ersatzkassen had sued, since a competing health insurance company had promoted with rebates and special conditions for example for clothes or furniture around new members. In it, the Ersatzkassen saw a competition violation. The defendant health insurance considered the advertising measures due to increased competition between the funds, however, as justified.

The social court also assessed the advertising activities as a violation of competition. „With the advertising measures, the defendant makes use of a means competing statutory funds can not use that of § 30 para. 1 SGB IV limits. The defendant thus procures a competitive advantage of the statutory health insurance against other health insurance companies“, it says in the opinion. Health insurance companies are limited by law to providing their members with health care. The advertising measures should therefore have a clear relation to health. File number: S 81 KR 1280/11. (Ag)