The Federal Ministry of Health (BMG) has presented a draft for the reform of emergency care. According to the draft, emergency medical rescue is to become an independent benefit in kind in the German Social Code and rescue services are no longer to be limited to pure transport services. A redefinition of the insured person's entitlement to benefits is central to this: in future, „emergency medical care“ is to form an independent component of medical treatment. This would also enable remuneration by the health insurance funds in those cases in which the rescue service provides qualified medical intervention on site, but subsequent transport to a hospital is not (or no longer) indicated.

However, key questions regarding the refinancing of those missions in which no patients are treated directly remain unanswered, as the new entitlement to benefits presupposes that the insured person receives medical care. This does not take into account important case constellations in which resources are tied up but no medical service can be provided to people. This includes, for example, incorrect deployments without patient contact - for example due to incorrect reports or because the patient has already died.

„This means that there is still a risk of funding gaps in the management of empty runs,“ notes Rechtsanwalt Michael Jessen-Lieberum. This problem was recently highlighted by a judgement of the Higher Administrative Court of Berlin-Brandenburg has taken on new urgency. „The BMG's justification for the law, according to which the cost risk for insured persons will be completely excluded in future, still falls short,“ says Rechtsanwalt Dr Maximilian Dombert. „It therefore remains to be seen to what extent solutions can be found in the further legislative process for the remaining billing uncertainties for unsuccessful interventions that do not fall under the definition of emergency medical care.“