Physicians and Commercial Criminal Law: What Are the Risks, Which Preventive Measures Are Likely to Be Successful?

被引：0

作者：

Ebermann, Thorsten ^{[1
]}

Schneider, Hendrik ^{[2
]}

机构：

[1] Bundesverband Niedergelassener Kardiologen BNK eV, Brabanter Str 4, D-80805 Munich, Germany

[2] Gutachten & Strafverteidigung, Taunusstr 7, D-65183 Wiesbaden, Germany

来源：

AKTUELLE KARDIOLOGIE | 2018年 / 7卷 / 02期

关键词：

sponsorship of continuing medical education; consultancy contract/membership in advisory boards; clinical trials on behalf of the industry; intersectoral cooperation agreement; appropriateness of the reimbursement;

D O I：

10.1055/s-0044-102027

中图分类号：

R5 [内科学];

学科分类号：

1002 ; 100201 ;

摘要：

The introduction of statutory offences to combat corruption in the healthcare system (Sections 299a, 299b StGB [German Criminal Code]) has led to much uncertainty among various addressees of the law. This uncertainty has even sometimes been artificially increased by unsubstantiated complaints filed by healthcare and insurance providers and/or Associations of SHI Physicians as well as by premature interpretations of the legal issues taken out of context (most recently by the Public Prosecutor's Office for the Federal State of Thuringen). This article explains the (political) interests of healthcare and insurance providers and other beneficiaries of this unclear legal situation. After outlining the actual, original motivations of the legislators and analysing the elements of the crime, the article shows - based on a number of relevant cases - that there are still numerous opportunities for cooperation, whether it be between physicians, physicians and industry, physicians and hospitals, and describes the circumstances under which such forms of cooperation are legally possible.

引用

页码：120 / 125

页数：6

共 7 条

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