Fifth Book of the Social Security Code
|Title:||Social Code Book Five
- Statutory Health Insurance -
|Short title:||Fifth Book of the Social Security Code|
|Scope:||Federal Republic of Germany|
|Legal matter:||Social law|
|Issued on:||December 20, 1988
( Federal Law Gazette I pp. 2477, 2482 )
|Entry into force on:||January 1, 1989|
|Last change by:||
Art. 311 VO from 19 June 2020
( Federal Law Gazette I, p. 1328, 1364 )
|Effective date of the
|June 27, 2020
(Art. 361 of June 19, 2020)
|Please note the note on the applicable legal version.|
In the fifth book of the Social Security Code ( SGB V ), all provisions on statutory health insurance are summarized. SGB V came into force on January 1, 1989.
Before that, the statutory health insurance (GKV) was mainly regulated in the second book of the Reich Insurance Code (RVO).
The health insurance regulated in SGB V is described as a solidarity community with the task of maintaining, restoring or improving the health of the insured. Around 90% of the German population are currently insured in statutory health insurance.
SGB V is divided into thirteen chapters with around 400 paragraphs. Some paragraphs have been dropped again in the wake of the many legal reforms in German social law.
The chapters are:
- General rules
- Insured group of people
- Health insurance benefits
- Relationship between health insurance companies and service providers
- Expert council to assess developments in the health sector
- Organization of health insurance
- Associations of the health insurance companies
- medical service of the health insurance
- Insurance and performance data, data protection, data transparency
- Penalty and fine regulations
- Transitional regulations on the occasion of the establishment of the unity of Germany
- Further transitional provisions
November 17, 1881 is considered to be the hour of birth of statutory health insurance as part of social security. On this day, Chancellor Otto von Bismarck read the Imperial Embassy in front of the Reichstag . On May 29, 1883, the Reichstag passed the Health Insurance Act, which was promulgated on June 15 and entered into force on December 1, 1884.
Health insurance is the oldest part of social security. It was later followed by statutory accident insurance (1884), disability and old-age insurance (1889), employee insurance (1911) and unemployment insurance (1927). The last to be added in 1995 was long-term care insurance .
Since January 1, 1914, social security has been regulated in the Reich Insurance Code (RVO). The RVO has been gradually replaced by the Social Security Code since 1976 . In addition, parts of the RVO remain in force. Most of the regulations on statutory health insurance can now be found in SGB V, which has been in force since 1989.
Several reforms of statutory health insurance have since come into force. First and foremost, these were determined by the political will to limit healthcare spending. Most recently, the insolvency capacity of health insurances was introduced (GKV-OrgWV). The GKV-FinG aimed to secure the further financing of the statutory health insurance system.
- Ulrich Becker , Thorsten Kingreen : SGB V. Comment . 5th edition. CH Beck. Munich 2017, ISBN 978-3-406-69201-7 .
- Helge Sodan (Ed.): Handbook of the health insurance law . 2nd Edition. CH Beck, Munich 2014, ISBN 978-3-406-64904-2 .
- The original law on the health insurance of workers of June 15, 1883 in retro-digitized form at the Munich digitization center of the Bavarian State Library