Private hospitals; application for a licence

If you want to run a private hospital, you need a permit under trade law, a so-called concession.

Description

In order to operate private hospitals, private maternity hospitals and private mental hospitals, the entrepreneur requires a permit. This is granted by the competent district administrative authority.

In principle, the entrepreneur is entitled to a licence for the private hospital, private maternity hospital or private mental hospital. However, the licence shall be refused if one of the conditions set out in Section 30(1) of the Trade, Commerce and Industry Regulation Act is met. Reasons for refusal are the lack of reliability of the entrepreneur, insufficient medical or nursing care for patients, structural or technical deficiencies with regard to sanitary requirements and disadvantages or dangers for neighbours or fellow residents.

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 establishment.

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) applies. In addition, the local police and municipal authorities are consulted. Finally, the permit may be granted subject to conditions or other ancillary provisions.

Special notes

Before submitting an application, the responsible district administrative authority should be consulted regarding the individual documents to be submitted.

Deadlines

Any person who commences operation of the establishment before the licence has been granted acts in breach of the regulations and may be fined (Section 144 GewO). It is a criminal offence 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

  • Evidence that there are no grounds for refusal of a permit

    (self-disclosure and extracts from the register)

  • Documentation on designated physicians and other personnel for medical and nursing care
  • Plans of the buildings and equipment of the rooms

Fees

  • 2,500 to 10,000 EUR

Legal bases

Remedy

Administrative court proceedings; information

administrative claim

Status: 11.11.2021

Responsible for editing: Bayerisches Staatsministerium für Gesundheit und Pflege

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  • Online transactions, Bavaria-wide
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  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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