Pool participation
Pool participation is a term customary in German hospitals for the participation of the subordinate medical staff (senior and assistant doctors ) in the income of their chief doctor from his liquidation with private patients .
Since the privately insured and self-paying patients in the hospital are not dealt with exclusively by the liquidating chief physician, but also its employees to such a pool participation is civil law commanded (§ 29 para. 3 pattern Professional Code). In new chief physician contracts, however, the chief physician is often no longer granted his own right of liquidation; instead, the hospital liquidates the private patients (and possibly gives them a percentage). In such cases, an employee pool is not required.
Pool participation is also required by law in the hospital laws of some federal states (Baden-Württemberg, Hesse, Mecklenburg-Western Pomerania, Rhineland-Palatinate, Saxony) if the chief physician has a personal right of liquidation. In other federal states there are some similar regulations that only apply to university hospitals. The level of participation of each doctor should be "appropriate to his performance, ability and responsibility" and should be determined by a distribution committee. The state laws are designed very differently, for example in the question of whether payments from private outpatients should also be included in the pool. The state hospital laws only apply to the state-sponsored hospitals in the respective hospital plans, i.e. not to rehab clinics, private clinics, etc. Church-owned hospitals are also excluded from the statutory regulations.
Although the laws bind the hospital operator, they do not give employees any directly enforceable rights; in particular, they do not abolish any other provisions in the specific chief physician's employment contracts. Even pool participations secured in the employment contract of the chief physician can generally not be sued by the authorized person against the chief physician, but only enforced against the hospital under labor law.
If the distribution rules are specified by the hospital operator or are regulated in the individual chief physician contracts, they may be subject to co-determination under the Works Constitution Act .
Independent of professional law, hospital laws and the chief physician's contract, voluntary private law agreements between the chief physician and his employees on pool payments are possible at any time. A contractual relationship can also arise through tacit behavior, for example the continuous payment of uniform amounts on fixed dates, and would then lead to the subordinate physicians being able to take legal action against the chief physician.
According to estimates, the amount of pool participation fluctuates between 0 and over 10,000 euros per year. As a rule, senior physicians and specialists receive significantly higher amounts than assistants.
The pool money is tax income from employment .
Individual evidence
- ↑ Sample professional regulations at the German Medical Association (as of 2006) ( Memento of the original dated September 2, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ praxisbetrieb-recht.de ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ scoop-aerzteberatung.de
- ↑ Participation in the distribution of the medical staff pool. Medical Law Jan. 1999 (17), pp. 37-9 doi : 10.1007 / s003500050198
- ^ W. Bruns: Employee participation . Doctor Law 8/2003, pp. 204-13 (PDF)
- ↑ DIW Berlin weekly report No. 24/2006, p. 358 (PDF; 175 kB)
- ↑ Helmut Narr: Medical professional law. Deutscher Ärzteverlag, 1994, ISBN 3769130286 , pp. 848-9
