Courts disagree
29.07.2010 11:12
Are grades for nursing homes permissible?
Social courts in Germany have issued differing rulings on the legality of online ratings for nursing homes. While the North Rhine-Westphalia State Social Court (LSG NRW) upheld the legality of the "nursing home inspection system" in May 2010, the Münster Social Court (SG) in May and the Berlin-Brandenburg State Social Court (LSG BB) in March and May 2010, respectively, prohibited online ratings.
In principle, all courts consider online reviews permissible. However, the Social Court of Münster and the Higher Social Court of Brandenburg criticize the evaluation criteria. They argue that important characteristics directly related to care are weighted the same as, for example, the legibility of the menu. According to the courts, public reviews of care facilities by state institutions constitute a significant infringement on the fundamental right to choose and pursue one's profession. This infringement, they maintain, can only be justified if the proportionality of the infringement is ensured through fair ratings.
Dr. Britta Specht, a specialist lawyer in medical law and chairwoman of the German Association of Medical Law Attorneys, says: "The admissibility of public reviews is therefore no longer a question of 'if', but only a question of 'how'. However, the courts' opinions differ when answering the question of which review patterns are to be considered fair."„
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The decisions:
LSG North Rhine-Westphalia, Case No.: L 10 P 10/10 B ER, dated May 10, 2010
SG Münster, Ref.: S 6 P 35/10 ER, dated May 26, 2010
LSG Berlin-Brandenburg, Case No.: L 27 P 14/10 B ER, dated March 29, 2010
and Ref.: L 27 P 18/10 B ER, dated 11 May 2010