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Guidelines on the employment of salaried general practitioners in the contracted doctor's practice: ("Salaried Doctors Guidelines")

At its meeting on October 1, 1997, the Federal Committee of Doctors and Health Insurance Funds decided on the basis of Section 95 (9) i In accordance with Section 101, Paragraph 1, Sentence 1, No. 5 of the Social Code Book V, the following guidelines on the employment of employed medical practitioners in contracted medical practices ("Employed Doctors Guidelines") have been adopted.

1. With the approval of the admissions committee, the contract doctor can accept a full-time doctor or up to two half-days doctors as salaried doctors in accordance with Section 32b Doctors ZV if the following requirements are met: 1.1 Application by the contract doctor to the admissions committee as stipulated the requirements of § 32 b ÄrzteZV;
1.2 Corresponding specialist areas of the employing and the contract doctor to be employed; 1.3 a declaration of commitment by the employing contract doctor through which he recognizes a performance limitation which the admissions committee has to set in the approval procedure according to No. 3;
1.4 Submission of the written employment contract.

2. Corresponding specialist areas within the meaning of No. 1.2 exist if the doctor to be employed has the same doctor's designation (field designation) according to the further training regulations as the contract doctor. A matching doctor designation is sufficient if the contract doctor has several doctor designations. If an employed doctor is to be employed by contract doctors who have come together to practice jointly in accordance with Section 33 Doctors ZV, agreement with the specialist field of one of the contract doctors is sufficient. The doctor to be employed must refrain from using a focus name for the duration of the employment.

3. The admissions committee determines the performance limitation for the medical practice in the following procedure according to the following requirements:
3.1 Before the approval of the employment, the admissions committee determines in a binding statement on the limitation of the scope of the practice on the basis of the billing notices issued to the contract doctor (s) in the previous at least four quarters of the total number of points for each quarter Contract doctor after employment of the employed practice doctor as a performance limitation (upper limit) are decisive. These number of points are to be determined in such a way that the number of points recognized by the contract doctor in a corresponding quarter of the previous year by no more than 3% H. be exceeded. The excess volume of 3 per cent. H. is based on the specialist group average for the same quarter of the previous year. Exceptional developments in the previous year, such as B. Illness of a doctor, are disregarded; A balancing of points within the annual reference of the total number of points compared to the previous year's volume is permitted. The admissions committee makes its determinations exclusively on the basis of the information communicated to it by the Association of Statutory Health Insurance Physicians. At the request of the contract doctor, the number of points must be redefined if changes to the EBM or contractual agreements that are relevant to the specialist field of the contract doctor have an impact on the basis of calculation.
3.2 If a comparison cannot be made over a longer period of time due to the shortness of the previous activities of the contract doctor, the admissions committee sets the maximum number of points for the individual quarters based on the average of the specialist group of the contract doctor. If the doctor to be employed is to be accepted into an already existing group practice, the admissions committee has to reduce the calculations according to No. 3.1 according to the number of contract doctors already working in the group practice; If the group practice is different from one subject to another, the reference value for the limitation of services is the volume of services provided by the contract doctor with the same subject. In addition, the scope of the limitation of benefits is to be determined independently of the scope of employment of the employed doctor (s).
3.3 For the calculation of the initial number volume as well as the reference number volume according to No. 3.1, the calculation system applicable at the time of billing for the statutory medical services is decisive. 3.4 The admissions committee must also impose conditions which ensure that the type of services provided so far is not changed by the involvement of the employed doctor in the joint practice of the profession.

4. A performance restriction established by the admissions committee remains in effect if the doctor appoints a doctor again after the employment of an employed doctor has expired. If, on the basis of Section 101 (1) sentence 1 no. 4 SGB V, after the admission of a further contract doctor within the framework of an exceptional community formation, a performance limitation has already been set for the contract doctor by the admissions committee, this may in the case of the employment of doctors - also with regard to corresponding proportions if a doctor is employed - cannot be expanded.

5. Entry into force
These guidelines come into force on the day after their publication in the Federal Gazette.