General Terms and Conditions

§ 1 Application of the General Terms and Conditions
§ 2 Content of Contract
§ 3 Patient Participation
§ 4 Payment
§ 5 Compensation via Third Parties
§ 6 Confidentiality of Treatment
§ 7 Billing
§ 8 Disagreemenst
§ 9 Severance Clause

§ 1 Application of the General Terms and Conditions

These general terms and conditions govern the professional relation between the practitioner and the patient by means of a treatment contract within the meaning of § 611 ff of the German Civil Code (BGB) unless otherwise agreed upon in writing between the contracting parties.
The contract comes to effect if the patient makes use of the practitioners general service offer and applies the moment when the patient contacts or visits or is visited for the purpose of counseling, diagnosis and/or therapy.
The practitioner is entitled to reject a treatment contract without giving reasons if the necessary trust relationship can not be expected, if the specialist can not or is forbidden to treat due to specialization or for any other legal reasons, or if there are other reasons causing him to be in conflict of conscience.
In this case, mandatory compensation of the practitioner covers all actions and treatments until the moment of rejection.

§ 2 Content of Contract

1. The practitioner provides services to the patient in the form that he/she applies his/her knowledge and abilities for the purpose of information, counseling, diagnosis and therapy of/for the patient.
The practitioner is entitled to apply methods which correspond to the presumed patient's wishes, provided the patient does not make any explicit decision or statement about this.
Naturopaths or Healing practitioners (in german: Heilpraktiker) traditionally also apply methods which are not in every case medically acknowledged or recognized and which may not always be scientifically explainable. A subjectively expected success can and will not be promised.
If the patient rejects the use of such methods and wishes to be advised, diagnosed or treated according to scientifically recognized methods, he/she has to express this explicitly to the curative practitioner.*
The practitioner is not allowed to issue any sick leave document and is also not allowed to prescribe any prescription-only medication.
*In this case, prior mutual informing of the patient and practitioner is self-evident and is presupposed.

§ 3 Patient Participation

The patient is not obliged or forced to actively participate or support the treatment. However, in case of missing trust or destructive behaviour of the patient the practitioner can end the contract relation. This is especially the case, if the patient purposely withholds important information, acts against any advice and/or inhibits proper assessment and therapy.

§ 4 Payment

The practitioner is entitled to a fee for his services. If the fees have not been individually agreed upon between practitioner and patient, the rates that are listed in the practitioner's price list apply. All other fees or directories do not apply.
The billed fee is always payable by the treated patient, not by any insurance or other third parties.
After each appointment the patient receives an invoice according to § 7 of the General Terms and Conditions.
If the practitioner provides third-party services which he does not supervise him/herself (for example, laboratory services), he/she is entitled to claim the amounts invoiced by the third party as his/her own fee components and to settle with the patient at the foreseeable amount pursuant to paragraph 2. Such amounts must be shown separately in receipts and invoices. The curative practitioner is entitled to charge his own fees for mediation of accompanying services.
If the practitioner provides services by use of a third party, which he supervises himself, then these services become part of the fees of the practitioner. If the contract is not an all-inclusive agreement, these costs will be charged.
In the cases of paragraphs 3 and 4, the practitioner is exempted from the restrictions of § 181 BGB (German Civil Code) and may conclude legal transactions between the third party (eg laboratory) and himself as the patient's representative. This also applies if Section 181 of the Civil Code also applies to the legal relationship between practitioners and third parties irrespective of any exemption status.
In accordance with legal regulations, practitioners are not allowed to sell pharmacy-only products. However, direct application to patients by the practitioner is still permissible as this is not a delivery but a use. It follows that invoices generally contain the medicines used and that it is not possible to calculate them seperatly.
The use of medicinal products brought in by the patient by the practitioner is excluded from this.
However, the dispensing of medicinal products by pharmacies to the patient for prescribed or recommended medicinal products constitutes a direct business, which is not covered by these general terms and conditions, which therefore have no influence on the billing of the practitioner. This also applies to medicinal products, food supplements and other aids recommended or prescribed by the practitioner that the patient buys in external sales outlets.  The supply of medicines, dietary supplements and other aids that are freely available is permitted to the practitioner or affiliated companies. On the premise of the free choice of the point of sale, these products may be sold by the practitioner for the purpose of making business or mediating sales on a commission basis.

§ 5 Compensation via Third Parties

Even if the patient is entitled to a compensation or partial compensation through a third party (eg an insurance) his /her obligation to direct payment is unaffected as per §4. The practitioner issues a direct invoice and can/will not grant any delay or partial payment in expectance of a potential third party payment.
If the practitioner makes the patient aware of the reimbursement practices of third parties, these are always non-binding.
In particular, the usual reimbursement rates shall not be regarded as an agreed fee within the meaning of § 4 (1). The scope of the practitioners services shall and will not be limited to reimbursable benefits.
The practitioner does not give any direct information to the third party in reimbursements. All information and necessary certificates are given exclusively to the patient. Such services are subject to a fee.

§ 6 Confidentiality of Treatment

The practitioner treats patient data confidentially and provides information with regard to the diagnosis, the consultations and the therapy as well as their accompanying circumstances and the personal circumstances of the patient only with the express consent of the patient.
The written form can be dispensed with if the information is in the interest of the patient and if is save to assume that the patient will agree.

Paragraph 1. is not applicable if the practitioner is obligated to pass on the data according to legal regulations - for example, obligatory reporting of certain diagnoses - or on the grounds of an official or judicial order.
This also applies in the case of information to official caretakers, but not for information to spouses, relatives or family members.
Paragraph 1. shall also not be applied if personal attacks against the practitioner or his/her professional practice take place in connection with the consultation, diagnosis or therapy, and he/she may be relieved by use of correct data or facts.
The practitioner keeps an internal record of his/her achievements (hand file). The patient has no right to be made aware of this act. He/She can not demand the publication of this file. Paragraph 2 shall remain unaffected.
If the patient requires a treatment or medical file, the practitioner creates this file for a fee from the data in the hand file. If the hand files contain originals, these are included in the treatment files as copies. The copies are given an indication that the originals are in the hand file.

§ 7 Billing

The patient receives an invoice after completion of a treatment phase.
The invoice contains the name and address of the patient as well as the treatment period, all types of services and the diagnosis position.
The applicable value-added tax rate is shown where/if necessary.
If the patient does not wish to have a diagnosis or therapy specimen, he must inform the practitioner accordingly.

§ 8 Disagreements

Disagreements regarding the treatment contract and the general terms and conditions should be settled amicably. For this purpose it is advisable to present opposing points of view, differing opinions or complaints in written form to the respective other contracting party.

§ 9 Severance Clause

Should individual provisions of the treatment contract or the general terms and conditions be or become invalid or void, the effectiveness of the treatment contract as a whole will not be affected.
The invalid or void provision is to be replaced, in a free interpretation, by a provision which comes closest to the object of the contract or the party's will.

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