Tthe German Ministry of Justice recently provided a new draft anti-corruption law explicitly referring to the healthcare sector.
This draft new law – once adopted – may also affect German businesses, in particular the collaboration with German physicians, pharmacists, nurses and many other healthcare professionals ("HCPs"). '
A similar draft law was already discussed to be adopted and established in the German Criminal Code (Strafgesetzbuch – "StGB") in 2013.
However, at that time, the legislative process could not be finalized due to the upcoming elections and a change in the government and parliament. Moreover, also Bavaria recently provided a very similar draft new law to the German Federal Assembly (Bundesrat).
There are already anti-corruption provisions in the German Criminal Code. However, they currently only cover
A person violating the draft new criminal provision may be liable to imprisonment up to three years or a fine – similar to the already existing fines for corruption in the private sector. In case the offender acts commercially (i.e. in order to generate ongoing revenues) or the benefit is of a very high value, the criminal act may be sanctioned with imprisonment up to five years.
One may already act commercially when acting for a commercial company. The increased penalty may, according to the draft reasons of the ministry of justice, also apply if the criminal action causes a significant risk to a patient's health.
The violation of the draft new criminal provision shall only be prosecuted if there is a respective request or in case of particular public interest. All violated parties may request the prosecution. These are in case of a preference in the competition, the competitors; patients shall only be allowed to request prosecution if their right of a treatment which is not influenced by undue benefits and which is oriented at the patient's benefit is violated.
Sick funds may also only be allowed to request prosecution provided that the corruptive agreement violates duties of the HCP which exist with respect to the sick funds. Moreover, the professional chambers of the HCP as well as any professional association which represents the interests of violated parties in the competition, may request prosecution.
New draft German law regarding anti-corruption in the healthcare sector - Lexology
This draft new law – once adopted – may also affect German businesses, in particular the collaboration with German physicians, pharmacists, nurses and many other healthcare professionals ("HCPs"). '
A similar draft law was already discussed to be adopted and established in the German Criminal Code (Strafgesetzbuch – "StGB") in 2013.
However, at that time, the legislative process could not be finalized due to the upcoming elections and a change in the government and parliament. Moreover, also Bavaria recently provided a very similar draft new law to the German Federal Assembly (Bundesrat).
There are already anti-corruption provisions in the German Criminal Code. However, they currently only cover
- corruptive agreements with respect to granting (undue) benefits and the offering a bribe to public officials (or person entrusted with special public service functions), e.g. a physician in a public hospital; and
- corruptive agreements with respect to granting anun due benefit and offering a bribe to employed officers and service providers in commercial practice.
A person violating the draft new criminal provision may be liable to imprisonment up to three years or a fine – similar to the already existing fines for corruption in the private sector. In case the offender acts commercially (i.e. in order to generate ongoing revenues) or the benefit is of a very high value, the criminal act may be sanctioned with imprisonment up to five years.
One may already act commercially when acting for a commercial company. The increased penalty may, according to the draft reasons of the ministry of justice, also apply if the criminal action causes a significant risk to a patient's health.
The violation of the draft new criminal provision shall only be prosecuted if there is a respective request or in case of particular public interest. All violated parties may request the prosecution. These are in case of a preference in the competition, the competitors; patients shall only be allowed to request prosecution if their right of a treatment which is not influenced by undue benefits and which is oriented at the patient's benefit is violated.
Sick funds may also only be allowed to request prosecution provided that the corruptive agreement violates duties of the HCP which exist with respect to the sick funds. Moreover, the professional chambers of the HCP as well as any professional association which represents the interests of violated parties in the competition, may request prosecution.
New draft German law regarding anti-corruption in the healthcare sector - Lexology
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