Procedure descriptions

Applying for a licence to run a private hospital

If you wish to run a private hospital, you will require a licence under commercial law.

Commercial law defines a hospital as a facility which serves to cure and care for patients and which provides board and accommodation for in-patients. This facility may be

a private hospital
a private birthing facility
a private nerve clinic, or
a combination of these facilities.

Homes in which mentally ill or mentally disabled persons are accommodated and where there is only occasional medical care are not private hospitals.

Note: Public facilities and those that are run for non-profit, charitable or scientific purposes do not require a license.

You do not have to be a doctor in order to obtain a licence.

Each licence is issued for one specific natural person or legal entity. If the company is a partnership, each executive partner will require his or her own licence.

Note: This concession does not replace other permits and licences prescribed by law.

Responsible department

if the hospital is in an urban district (Stadtkreis): the city council (Stadtverwaltung)
if the hospital is in a rural district (Landkreis): the regional council office (Landratsamt)

Details

Prerequisite

You will normally be granted a licence. The competent authority will only refuse to grant you a licence in the following circumstances:

if there are facts indicating
- that you do not possess the reliability to run or manage a hospital.
  Indications of unreliability include for example insufficient business competence, tax liabilities, corresponding criminal convictions, if you have already had a concession withdrawn and if you previously ran a private hospital without the necessary licence.
- that the patients do not appear to be guaranteed adequate medical and nursing care.
You must ensure that sufficient medical knowledge is available (e.g. by employing doctors and nursing staff) and that a certain minimum standard is guaranteed for technical medical equipment.
if the descriptions and plans to be submitted indicate that the hospital building and technical equipment do not meet the minimum standards set by the health authorities.
You are granted a concession for certain areas, but this does not replace the building permit.
if the hospital is to be accommodated in just one part of a building that is also occupied by other persons and the running of the hospital may entail considerable disadvantages or hazards for the other occupants.
if the hospital is intended to admit persons with contagious diseases or mentally ill persons, and the owners or inhabitants of the neighbouring properties may be placed at considerable risk or disadvantage due to its proximity.

Procedure

You can apply for the licence informally or in writing.

Once the competent authority has received all the necessary documents, it will examine them and decide whether to grant you a licence. If so, you will receive notification that you have been awarded a licence, although the competent authority may impose restrictions and ancillary conditions.

If there are grounds for the licence not to be granted, you will receive a notice of refusal.

Required documents

Personal ID card or passport
Foreign nationals who do not come from an EU country will also need a residence permit entitling them to work on a self-employed basis.
The same applies to comparable employment as the managing director of a legal entity or representative of a natural person.
Führungszeugnis (certificate of good conduct), not more than six months old
Excerpt from the Central Trade Register (Gewerbezentralregister), not more than six months old
Handelsregisterauszug (excerpt from the Commercial Register)
Description
- of treatment concept,
- room numbers, types and occupancy, and
- human resources.

Costs

depending on the size of the facility: EUR 30.00 - 900.00

Legal basis

Release note

The German original version of this text was drafted in close cooperation with the relevant departments. The Finanz- und Wirtschaftsministerium released it on 26.06.2015. Only the German text is legally binding. The Federal State does not assume any liability for the translated texts.
In cases of doubt or if you have any questions or problems, please contact the relevant authorities directly.