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Section 39 subsection (1) of Book V of the Social Code - Hospital treatment

(1) Hospital treatment shall be provided on a fully in-patient, equivalent to in-patient, same-day care, pre-admission and post-discharge (section 115a), as well as out-patient, basis (section 115b). Insured persons shall be entitled to fully in-patient treatment in a registered hospital (section 108) if hospitalisation is necessary according to the examination carried out by the hospital because the goal of the treatment cannot be achieved via same-day care, pre-admission and post-discharge or out-patient treatment including domestic nursing care. In the context of the public service obligation of the hospital, hospital treatment shall include all benefits which are necessary in individual cases for the medical care of the insured person in the hospital in accordance with the nature and severity of the disease, in particular medical treatment (section 28 subsection (1)), nursing care, provision of medicinal products, therapeutic agents and aids, accommodation and meals; acute in-patient treatment shall also include the benefits of early rehabilitation that are necessary in individual cases and which are to be initiated at the earliest possible time. Hospital treatment shall also include release management to solve problems occurring in the transfer to care after hospital treatment. Release management and the transmission of data required to this end may only be carried out with the consent of and after previously informing the insured person. Section 11 subsection (4) sentence 4 shall apply.



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