No mandatory information on health care programs

LSG Stuttgart: But also no "living in an analog world"
The introduction of the electronic health card is basically lawful. However, the data protection can not be undermined by the storage of various additional information on the "insured status", decided the State Social Court (LSG) Baden-Württemberg in Stuttgart in a verdict published on Wednesday, July 20, 2016 (Az .: L 11 KR 2510/15 ).

Image: Jürgen Fälchle - fotolia

The electronic health cards have been issued by the health insurance since 2013. Since 2015, the service providers are no longer allowed to accept any other proof. Accordingly, the LSG Stuttgart emphasized that insured persons must present the card to their doctor in order to benefit from a treatment at the expense of the statutory health insurance.

Already on 18 November 2014, the Federal Social Court (BSG) in Kassel had decided that the health card with photo and data chip does not violate the right to informational self-determination; the interference with data protection was "justified by overriding general interests" (Ref .: B 1 KR 35/13 R; JurAgentur-message from the day of the judgment).

This was followed by the LSG Stuttgart now. The fundamental right to informational self-determination grants "no right to prevent digitization and survival in an analogue world". The storage of many sensitive data is voluntary anyway.

The stored mandatory data includes the "insured status". By this is usually understood whether the insured as a member, family insured or retired belongs to the statutory health insurance.

However, the health insurances had agreed with the Kassenärztliche Bundesvereinigung that additional "status-supplementing characteristics" should be stored without the consent of the insured. This includes participation in special care programs, such as with certain specialists or chronic diseases such as diabetes.

According to the LSG Stuttgart this is not covered by the legal requirements. The term "insured status" should not be "filled in freely and expanded in terms of data", according to the judgment of 21 June 2016, now published in writing. Mwo / fle