General terms and conditions of business
These general terms and conditions regulate the contractual relationship between the alternative practitioner (user) and the patient as a treatment contract within the meaning of §§ 611 ff. BGB, unless otherwise agreed between the contracting parties.
2. Conclusion and content of the treatment contract
- The treatment contract is concluded when the patient accepts the alternative practitioner's general offer to practice medicine for everyone and turns to the alternative practitioner for the purpose of advice, diagnosis and therapy or signs the treatment contract.
- The alternative practitioner provides his services to the patient in the form that he applies his knowledge and skills for the purpose of practicing medicine to inform, advise, diagnose and treat the patient.
- The patient is free to decide on the diagnosis and treatment options according to his or her sensitivities, after having been informed by the alternative practitioner about the applicable methods and their advantages and disadvantages from a technical and economic point of view was fully informed. The alternative practitioner is entitled to use the methods that correspond to the patient's presumed wishes if and to the extent that the patient does not make a decision about this.
- In many cases, alternative practitioners also use methods that are not recognized by conventional medicine, cannot be generally explained and do not correspond to the state of scientific knowledge. These methods cannot generally be explained in causal-functional terms and are therefore not targeted. A subjectively expected success cannot be promised or guaranteed. If the patient rejects the use of such methods and only wants to be advised, diagnosed or treated according to scientifically recognized methods, he must declare this to the alternative practitioner in writing before the start of treatment.
- The alternative practitioner may not issue sick notes to those with statutory health insurance and may not prescribe any prescription medication.
3. Confidentiality of treatment
- The alternative practitioner treats the patient data confidentially and only provides information to third parties regarding the diagnosis, consultations and therapy as well as the surrounding circumstances and the patient's personal circumstances with the patient's written consent. The written form can be waived if the information is provided in the interest of the patient and corresponds to the patient's presumed wishes.
- Paragraph 1 does not apply if the alternative practitioner is obliged or entitled to provide information due to legal regulations. The latter is particularly the case if personal attacks against the alternative practitioner or their professional practice take place in connection with the advice, diagnosis or therapy.
4. Inspection of the patient file
- The alternative practitioner keeps a file on each patient. It is not possible to release this file to the patient in its original form.
- Upon request, the alternative practitioner will make copies of the file for the patient for a fee. Excluded from this are those parts of the recordings that contain purely subjective impressions and perceptions of the alternative practitioner.
5. Termination of the treatment contract
- The treatment contract can be terminated at any time by either party without notice.
- However, termination by the alternative practitioner at an inopportune time is only permitted if there is an important reason for this. An important reason exists in particular if the patient does not provide the necessary anamnesis or diagnostic information, provides inaccurate or intentionally incomplete information, if the alternative practitioner cannot or is not allowed to treat due to a specialization or for legal reasons, or if there are reasons that lead him to a conflict of conscience could bring. Fee claims already accrued by the alternative practitioner at the time of termination remain unaffected by the termination.
6. Remuneration of the alternative practitioner
- With the conclusion of the treatment contract, the alternative practitioner's claim to the patient's fee arises. ten
- If a fee has not been individually agreed between the alternative practitioner and the patient, the rates of the fee regulations for alternative practitioners (FeeH) in the current version apply to private and additionally insured persons. For patients with statutory insurance, the fee of €80 is billed as a 45-minute treatment unit. However, the time required for osteopathic treatments can vary as it is an individually tailored form of therapy.
- Health insurance companies do not always reimburse the full invoice amount.
- Appointments that are not kept or canceled at short notice (less than 24 working hours in advance) will be charged in full. The above payment obligation does not apply if the patient cancels at least 24 working hours before the agreed appointment or is prevented from appearing at the agreed appointment due to a circumstance for which the patient is not responsible.
- The fees are to be paid by the patient after the invoice has been issued in accordance with Section 7 of these General Terms and Conditions.
- If the patient does not pay on time, the alternative practitioner is entitled to charge a €5 reminder fee with the second reminder.
- Due to legal regulations (Section 43 of the Law on the Trade in Medicinal Products), alternative practitioners are not permitted to dispense pharmaceuticals that are sold in pharmacies. However, it is permissible for the alternative practitioner to administer such medicines directly to the patient, as this is not a delivery but rather a use. The alternative practitioner's fee also includes the medicines used. The use of medicines brought by the patient is excluded.
- The dispensing of medicines to the patient by pharmacies which are recommended or prescribed by the alternative practitioner, represents a direct transaction between patient and pharmacy to which these general terms and conditions do not apply. This also applies to over-the-counter medicines, dietary supplements and other aids that are recommended or prescribed to the patient by the alternative practitioner and that are purchased by the patient from relevant sales outlets.
- The supply of over-the-counter medicines, dietary supplements and other aids is permitted to alternative practitioners or companies economically affiliated with them. Under the premise of free choice of point of sale, these products can be sold by the alternative practitioner with a view to making a profit or brokered for a commission.
- According to § 6 paragraph 5, the patient receives a fee invoice after each treatment or upon request after completion of the treatment phase. After the patient has given his consent, these invoices will only be sent via email.
- The invoice contains the name and address of the alternative practitioner, the name, address and date of birth of the patient. The invoice also contains the treatment period and the fees to be paid. The diagnosis is only shown for private and additionally insured people.
- If a patient with private or additional insurance does not wish to have a diagnosis or therapy specification included in the invoice, he or she must inform the alternative practitioner accordingly.
8. Reimbursement of fees by third parties
- If the patient has a claim to reimbursement or partial reimbursement of the fee from third parties, the alternative practitioner's claim to the fee in accordance with § 6 is not affected by this. The alternative practitioner's fees are billed exclusively to the patient. There will be no billing directly with a third party subject to reimbursement. There is also no deferral of the fee or parts of the fee by the alternative practitioner in anticipation of possible reimbursement by third parties.
- If the alternative practitioner provides the patient with information about the reimbursement practices of third parties, these are non-binding. In particular, the usual reimbursement rates do not count as an agreed fee within the meaning of Section 6 Paragraph 2. The scope of Heil practitioner performance is not limited to reimbursable services.
- All information and certificates necessary in connection with the reimbursement of the alternative practitioner's fee by third parties are provided to the patient by publishers. These services are subject to a fee. Information will not be passed on to third parties.
9. Severability clause
- If these General Terms and Conditions have not become part of the contract in whole or in part or are ineffective, the rest of the contract remains effective.
- To the extent that provisions of these General Terms and Conditions have not become part of the contract or are invalid, the content of the contract is based on the statutory provisions.