Private hospitals; application for a concession.
If you want to operate a private hospital, you need a permit under trade law, a so-called concession.
Description
To operate private hospitals, private maternity hospitals and private mental hospitals, the entrepreneur requires a permit. This permit is issued by the competent district administrative authority.
In principle, the entrepreneur is entitled to a permit for the private hospital, private maternity hospital or private mental hospital. However, the permit shall be refused if one of the conditions specified in Section 30(1) of the Trade, Commerce and Industry Regulation Act is met. The grounds for refusal are the lack of reliability of the entrepreneur, insufficient medical or nursing care of patients, structural or technical deficiencies with regard to sanitary requirements and disadvantages or dangers for fellow residents or neighbors.
The entrepreneur has to submit an application for a permit; thereupon, the district administrative authority checks whether a prohibition requirement (see above) exists. In addition, the local police and municipal authorities are consulted. Finally, the permit may be issued subject to conditions or other ancillary provisions.
Prerequisites
Permission is required from the entrepreneur, i.e. the person who operates the establishment for his own account and under his own responsibility.
If an establishment is operated by a partnership, each personally liable partner requires permission.
The entrepreneur must demonstrate the above-mentioned reliability in relation to the management or administration of the institution.
A hospital only exists if inpatient or day-care treatment is planned.
Procedure
The entrepreneur must submit an application for a permit; the district administrative authority then checks whether a prohibition requirement (see above) exists. In addition, the local police and municipal authorities are consulted. Finally, the permit may be issued subject to conditions or other ancillary provisions.
Special notes
Before submitting an application, the responsible district administrative authority should be consulted regarding the documents to be submitted in detail.
Deadlines
Any person who commences operation of the establishment before the permit has been granted shall be deemed to have acted in breach of the regulations and may be fined (Section 144 GewO). It is a criminal offense if the entrepreneur persistently repeats the infringement or if this endangers the life and health of another person or property of significant value (Section 148 GewO).
Required documents
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Evidence that there are no grounds for refusal of a permit
(self-disclosure and extracts from the register)
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Documentation on designated physicians and other personnel for medical and nursing care
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Plans of the buildings and equipment of the rooms
Status:10.07.2023
Responsible for editing:Bayerisches Staatsministerium für Gesundheit und Pflege
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