Private Clinic Permit
If you want to operate a private hospital (private clinic), you need a trade permit, a so-called concession. In this context, a hospital within the meaning of trade law is an institution that serves to heal and care for patients and in which patients are treated as inpatients, i.e. also accommodated and cared for.
Only private, commercially operated hospitals need such a permit. Public institutions and those operated for non-profit, charitable or scientific purposes do not need a permit. In contrast to these, the entrepreneur who runs the private hospital has the intention of making 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 facilities that serve to carry out his or her freelance activity (e.g. the surgeon's clinic) and facilities that are not directly related to the freelance activity and are designed to make a profit.
The permit indicates whether the facility is used 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 district, the district-free city, the large independent city and the independent municipality.
This procedure can also be handled by 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 a right 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. For example, in addition to a lack of economic capacity, tax debts or relevant criminal records, the fact that a licence has already been revoked or a private hospital has been operated without the necessary licence is also seen as an indication of unreliability.
- There are facts that make the adequate medical and nursing care of the patients appear to be unguaranteed. Although the entrepreneur does not have to be a doctor himself, 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 at 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 rooms, it does not replace the building permit.
- the institution or clinic is to be accommodated only in a part of a building also inhabited by other persons and its operation may cause considerable disadvantages or dangers for the co-occupants of this building.
- the institution or clinic is intended to receive persons with contagious diseases or the mentally ill and, by its local location, may cause considerable disadvantages or dangers 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 that are 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
- If applicable, residence permit
What are the fees?
The amount of the fees is determined - in accordance with Annex 1 to § 1 paragraph 1 of the General Fee Schedule of the State of Lower Saxony No. 40.1.7 - depending on the time spent. However, a maximum of EUR 5900.00 will be charged.
What deadlines do I have to pay attention to?
The licence according to § 30 of the Industrial Code (GewO) expires if the holder has not started the business within one year of its granting or has not exercised it for a period of one year.
The deadlines may be extended for good cause.
Legal basis
What else should I know?
The concession does not replace other permits and permits required by law.
Technically approved by
Lower Saxony Ministry of Economic Affairs, Labour and Transport
