Private Clinic Permit
If you want to operate a private hospital (private clinic), you need a commercial license, a so-called licence. In the sense of trade law, a hospital is a facility that serves the healing and care of patients and in which the patients are treated as inpatients, i.e. also accommodated and cared for.
Only private, commercially operated hospitals need such a permit. Public-law institutions and those operated for non-profit, charitable or scientific purposes do not require a permit. In contrast to these, the entrepreneur who runs the private hospital intends to make a profit through the operation.
The entrepreneur can, but does not have to, be a doctor himself/herself. If the entrepreneur is a doctor, a distinction must be made between institutions that serve the exercise of their freelance activity (e.g. the surgeon's clinic) and institutions that are not directly related to the freelance activity and are designed to make a profit.
The authorisation shall indicate whether the facility is intended to operate a private hospital, a private maternity hospital or a private mental hospital (or a combination of these facilities). Homes in which mentally ill or mentally handicapped people are accommodated and only occasional medical care is provided are not private hospitals.
Who should I contact?
The responsibility lies with the county, the independent city, the large independent city and the independent municipality.
This procedure can also be carried out through a "Point of Single Contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.
Requirements
There is an entitlement to the permit. This does not apply if:
- there are facts that demonstrate the unreliability of the entrepreneur in relation to the management or administration of the clinic. In addition to a lack of economic capacity, tax debts or relevant criminal records, the fact that a licence has already been withdrawn or that a private hospital has been operated without the necessary licence is also considered an indication of unreliability.
- There are facts that make it appear that the adequate medical and nursing care of the patients is not guaranteed. Although the entrepreneur does not have to be a doctor himself/herself, it must be ensured that sufficient medical expertise is available (e.g. through the employment of doctors and nursing staff) and that a certain minimum standard is guaranteed for the medical-technical facility.
- according to the descriptions and plans to be submitted by the entrepreneur, the structural and other technical facilities of the institution or clinic do not meet the health requirements. The concession is granted for specific premises and does not replace the building permit.
- the institution or clinic is to be housed only in a part of a building that is also occupied by other persons and its operation may cause considerable disadvantages or dangers for the occupants of that building.
- the institution or clinic is intended for the reception of persons with contagious diseases or of the mentally ill and, by reason of its local location, is likely to cause considerable disadvantage or danger to the owners or occupants of the neighbouring properties.
Permission is granted to a specific natural or legal person. If the company is a partnership, each of the managing partners requires a permit.
Which documents are required?
- Identity card or national passport
- If applicable, excerpt from the commercial register (this must be submitted by companies registered in the commercial register)
- Information from the Central Trade Register (should not be older than 6 months)
- Certificate of good conduct (should not be older than 6 months)
- Description of the therapy concept, the type, number and occupancy of the rooms as well as the staffing
for non-EU nationals
- Residence permit, if applicable
What are the fees?
The amount of the fees is determined by Appendix 1 to § 1 paragraph 1 of the General Schedule of Fees of the State of Lower Saxony No. 40.1.7 - depending on time spent. However, a maximum of 5900.00 EUR will be charged.
What deadlines do I have to pay attention to?
The licence pursuant to § 30 of the Industrial Code (GewO) expires if the holder has not started the business within one year of its grant or has not carried it out for a period of one year.
The deadlines may be extended for good cause.
What else should I know?
The concession does not replace other permits and permits required by law.
