A contract doctor who relocates his practice within the same planning area and the same city is not entitled to the same fees as a new practice. This was decided by the Rhineland-Palatinate Regional Social Court (LSG) in its judgment of May 5, 2011 (Ref.: L 5 KA 4/10).



An ENT doctor relocated her contract doctor's practice within the same city. The fee distribution scale (HVM) stipulated that the budget limits were to be calculated on the basis of the doctor's respective previous year's quarter. For newly established doctors, the service requirement of the previous year's quarter of the previous doctor's practice was used. If this was not possible, no service control was carried out for two years from the date of admission.



The doctor objected to the billing of fees. She was to be classified as a newly established doctor and exempted from a service limitation. The LSG did not follow the doctor's argument. According to the clear wording of the HVM, the relocation of the practice was not a new establishment. A hardship provision could not be applied either, as adherence to the general limitation of services had not led to a threat to the existence of the practice.



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