Artificial insemination Single persons pay themselves

Verdict: Unmarried people have to pay artificial insemination themselves

06/14/2014

According to a recent court ruling, public health insurance companies are not allowed to cover the costs of artificial insemination for unmarried couples. This was justified by the fact that the legislature the cost assumption „expressly limited to married couples“. Politicians now see themselves as having the responsibility to tackle the unequal treatment of single people.

No grant for unmarried couples
As decided by the Land Social Court (LSG) Berlin-Brandenburg in Potsdam on Friday, the statutory health insurance unmarried couples may not pay any subsidy to an artificial insemination. (Az: L 1 KR 435/12 KL) Even as a voluntary so-called statutory performance this is inadmissible. To the achievements of the legal health insurance companies belong according to law also „medical measures to induce pregnancy“. Therefore, the funds pay under certain legal requirements, a subsidy for artificial insemination, the woman not older than 39 years and the man may not be older than 50 years. It is also a condition that the two are married to each other. Some funds, such as the AOK Baden-Württemberg, also participated in the costs of artificial insemination for women who live in a same-sex civil partnership.

Lawmakers expressly limit benefits to spouses
The coffers may also volunteer since 2012 „statutes services“ beyond the statutory benefits. This should stimulate the competition of the cash registers. Also the BKK traffic building union with seat in Berlin had decided two years ago, unmarried couples „in a permanent community“ to pay a subsidy of 75 percent. However, the corresponding amendment was not approved by the Federal Insurance Office, whereupon the Fund complained. This action was rejected by the LSG Potsdam but now. According to the judges, the law allows the funds to provide statutory benefits in the field of artificial insemination. But the legislature has this „for objective reasons deliberately and expressly limited to married couples“. The Federal Constitutional Court has this in 2007 „declared harmless“.

Trauschein necessary for fertility treatment
How the court decided now „This legal framework on a change of the statutes of a health insurance will not be put up for discussion“. Only the legislature is an extension reserved. The company health insurance announced revision against the verdict. Andrea Galle, board member of the company health insurance fund, said that the subsidy for a fertility treatment is the only health insurance benefit, in which a marriage certificate is necessary: „We are of the opinion that a marriage certificate for the decision of a health insurance company can under no circumstances be and must be decisive.“

Politicians want to take action against unequal treatment
Even politicians now see themselves as having an obligation to take action against unequal treatment and thus discrimination against the single person. Thus the deputy SPD parliamentary group chairman Karl Lauterbach told the „world“: „As legislators, we are asked to examine whether the separation between married and unmarried couples can be abolished.“ It is about the question of whether the artificial insemination for unmarried as a compulsory service of the coffers could be codified. The Green Social Politician Katja Dörner sees a need for change: „It is completely out of time to treat married and unmarried couples differently in reimbursement“, so the vice faction boss. „The cost of unmarried couples to take over the health insurance should not only be possible, but given by the legislature.“ In Germany, around 10,000 babies are born each year after artificial insemination. The cost of in vitro fertilization (IVF) or intracytoplasmic sperm injection (ICSI) is estimated at about 2,000 to 2,500 euros. (Ad)