Maintenance TÜV confirmed by the court
Care TÜV results may be published
17/08/2012
The so-called nursing TÜV, that is the publication of reports on the quality of care facilities by the health insurance companies, is permitted. This was decided by the Landessozialgericht Nordrhein-Westfalen in a verdict yesterday.
The search for a suitable nursing home is often extremely difficult for those affected and their relatives. A helpful indication of the quality of the facilities can be the results of the nationwide quality checks from inpatient and outpatient care facilities - if published. Therefore, the care funds on the Internet offer a clear compilation of these so-called nursing TÜV results. In contrast, however, a Cologne care facility moved to court, because „the Internet presentation with an allocation of school grades does not reflect the actual quality of life in homes“ Furthermore, constitutional concerns have to be raised, according to the communication of the Landessozialgericht North Rhine-Westphalia in Essen.
Pflege-TÜV provides information for people in need of care and their relatives
The arguments of the Cologne nursing home, which was previously rated with the very good grade 1.1, followed the 10th Senate of the State Social Court but not. „The results are published in a way that is understandable, clear and comparable on the Internet for the people in need of care and their dependents, and graded with school grades“, so the message of the court. In fact, according to the judges, the published reports on the quality checks help those in need of care and their relatives gain a comparable overview of the nursing homes. The care facilities may have the legally required publication of „transparency reports“ after the decision of the state social court (AZ: L 10 P 137/11) not prevent. The publication of the quality checks by the nursing care funds, referred to as the nursing TÜV, is therefore generally permitted. However, there is still the possibility for the plaintive Cologne nursing home to go against the verdict in revision at the Federal Social Court. (Fp)
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Picture: JMG