Health insurance The freedom of belief does not justify a health card without a photo

LSG Stuttgart: Photo is basically mandatory
Stuttgart (jur). For reasons of religion, health insurance can not demand an electronic health card without a photograph. A corresponding claim does not arise from the fundamental right to freedom of belief and conscience, the Landessozialgericht (LSG) of Baden-Württemberg ruled in a ruling published on Saturday, April 1, 2017 (Ref .: L 11 KR 3562/16).

The electronic health card is issued since 2013 by the health insurance. From 2015, it will be the only valid proof of a statutory health insurance. So far, only the same "master data" that was previously printed on the card, including name, date of birth, address and gender, has been stored on the chip. In the future, these data will be compared in the doctors' practices via the Internet and, if necessary, updated. In order to prevent misuse of the health card, a photo of the insured person on the card is also mandatory.

Image: Jürgen Fälchle - fotolia

In the case decided now, a 51-year-old Protestant woman from the Stuttgart area had refused to provide a photo for her new electronic health card. She invoked personal religious reasons, but did not elaborate on them. The health insurance company must therefore provide her with a health card without a photo.

In the course of the procedure, she argued less religiously and also brought forward concerns about the memory options of the chip. The electronic health card leads to a disproportionate data collection. The insured must have it in his own hands to whom he gives his health data. Also, hackers could approach the patient data of patients, so their fear.

But both before the Social Court Stuttgart and before the LSG had the today 51-year-old with her lawsuit no success. According to the Stuttgart judges in their judgment of 24 January 2017, the basic right to freedom of belief and conscience does not entitle the holder to an electronic health card without a photograph. According to the statutory provisions, only insured persons up to the age of 15 and persons who are registered at the Creation of the photo can not participate - as for example bedridden people - freed from the photo obligation.

For religious reasons, only certain modifications could be allowed, such as an exception to the ban on headgear, according to the LSG. The blanket reference to the freedom of belief and conscience is not enough. The applicant has not even explained her religious reasons.

The other reasons such as concerns against data storage, the LSG with reference to a judgment of the Federal Social Court (BSG) did not go through. On 18 November 2014, the Kassel judges ruled that the electronic health card did not violate the right to informational self-determination (Ref .: B 1 KR 35/13, JurAgentur notification from the day of the judgment).

So the photo was "suitable and necessary to meet abusive uses". Also the planned adjustment of the master data helps to recognize invalid maps and to prevent abuse, for example with the Zuzahlungsbefreiung for children. The fact that the data security is inadequate, so far also not to determine, judged the BSG. fle / mwo