Dr. Morton Douglas

New German Anti-corruption Legislation now Effective

On 3 June 2016, the German Act on Combating Corruption in the Healthcare System (Gesetz zur Bekämpfung von Korruptionen im Gesundheitswesen) which was passed on 30 May 2016, was published in the Federal Law Gazette (Bundesgesetzblatt), becoming effective the day after. All actions undertaken from 4 June 2016 onwards will now be governed by the new provisions.

The core of the provisions is Section 299a and Section 299b of the German Criminal Code (Strafgesetzbuch – “StGB”), which regulate corruption and bribery in the healthcare system. Pursuant thereto, medical professionals receiving benefits demanded by them, promised to them or accepted by them in connection with the practice of their profession, in return for improperly according preferential treatment to another competitor in the context of the issuing of prescriptions for pharmaceutical products, medicines, aids or medical products, the procurement of pharmaceutical products, aids or medical products intended for use directly by the healthcare professional in question, or the allocation of patients or material for analysis, will face prosecution. Correspondingly, the party granting such benefits will also be subject to prosecution.

The objective of the Act is to strengthen the integrity of the healthcare system and to maintain the public’s confidence in the impartial nature of the decision-making process within the medical profession. The degree to which it will be possible to achieve this objective will largely depend on how the Act is applied in practice, and in particular, on how the law enforcement authorities deal with the provisions contained therein. In order to ensure that the Act does not remain uneffective, a provision was included in the Fifth Book of the German Social Code (Sozialgesetzbuch, Fünftes Buch – “SGB V”), by way of example, stipulating that the National Association of Statutory Health Insurance Physicians (Kassenärztliche Bundesvereinigung) would arrange for the health insurance companies, professional organisations and the Public Prosecutor’s Office to share their experiences on a regular basis and keep the regulatory authorities informed thereof. In addition, a number of federal states have now already begun to set up key facilities within the police and the Public Prosecutor’s Office for the consolidation of relevant know-how for the prosecution of such offences.

It may be assumed that the extensive criminal sanctions, which may also have repercussions in the professional context for healthcare professionals in particular, for example the loss of accreditation or licence to practice, will have a considerable deterrent effect and will thus bring about enduring changes in the sale of pharmaceutical products and medical products.

1:1. This is how we work together. You decide upon a competent partner; he/she will then remain your point of contact. > more