[The right to medical rehabilitation according to the 2007 act to strengthen health insurance competition, GKV-WSG].
Since April 1, 2007 medical rehabilitation is a standard insurance benefit of the statutory health insurance scheme (covered by the SGB V, book 5 of the German social code), with the right of the beneficiary to comply especially with the intentions, the principles and the preconditions of the benefits as stipulated in the SGB IX (book 9 of the German social code covering rehabilitation and participation of persons with disabilities). In claiming benefits the applicable rules primarily are those of the SGB IX, as long as the SGB V does not contain different rules. In light of the demands of the SGB IX, the prevailing case law of the Federal Social Court concerning technical aids and assistive devices cannot persist any longer. The so-called "basic-compensation" is contradictory to the specifications of the SGB IX. Medical rehabilitation does not only consist of complex benefits, but every single benefit pursuant to section sign 26 Abs. 2, Abs. 3 SGB IX is a medical rehabilitation benefit if its priority intention is to achieve the beneficiary's participation in society.
Liebold
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Rechtsanwaltskanzlei Lübbert Haaf Beeretz Berst und Kollegen, Freiburg im Breisgau, Germany. mail@raeluebbert.de
D004465:Economic Competition / Q000191:economics / Q000331:legislation & jurisprudence*; D005858:Germany; D006297:Health Services Accessibility / Q000191:economics* / Q000331:legislation & jurisprudence*; D007348:Insurance, Health / Q000191:economics / Q000331:legislation & jurisprudence*; D028701:Patient Rights / Q000331:legislation & jurisprudence*; D012046:Rehabilitation / Q000191:economics* / Q000331:legislation & jurisprudence*