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Einsichtsrecht einer Kassenärztlichen Vereinigung in Strafakten.

Source :
GesR: Gesundheitsrecht. Jul2024, Vol. 23 Issue 7, p443-448. 6p.
Publication Year :
2024

Abstract

The article deals with the right of insight of a statutory health insurance association into criminal records. It is stated that the public prosecutor's office is authorized to transmit copies from the criminal file to the statutory health insurance association in order to examine possible misconduct and billing of its members. However, the transmission of copies does not constitute access to the file, but merely information. The article refers to a decision of the BayObLG regarding a specific case in which a doctor was suspected of issuing prescriptions for medically unnecessary services. The Bavarian Association of Statutory Health Insurance Physicians has requested access to the file in a criminal proceeding against the doctor. The public prosecutor's office intends to partially grant the request and transmit certain documents. However, the Attorney General requests that the request be denied. The court decides that the request is admissible, as the doctor may have been violated in his right to informational self-determination. Nevertheless, the request is unsuccessful in substance, as the public prosecutor's office is authorized to transmit certain information for the examination of claims by the statutory health insurance association. [Extracted from the article]

Details

Language :
German
ISSN :
16101197
Volume :
23
Issue :
7
Database :
Academic Search Index
Journal :
GesR: Gesundheitsrecht
Publication Type :
Academic Journal
Accession number :
178561801
Full Text :
https://doi.org/10.9785/gesr-2024-230714