Access To Digital Health Applications And Digital Care Applications In Germany

By on May 17, 2021

On 20 January 2021, the German Federal Cabinet approved the draft law on the digital modernization of healthcare and nursing care. The draft has been criticized for not taking into account lessons learned from the implementation of the 2019 digital health applications law.

The legally enforceable right of patients insured in the Germany statutory healthcare system (SHI) to be able to access digital health applications (DiGAs) was included in the German SHI code (SGB V) at the end of 2019.

DiGAs are low-risk medical devices (risk class I and IIa) that are primarily based on digital technologies and support the detection, monitoring, treatment, or alleviation of diseases, injuries, or disabilities. Under the SGB V, DiGAs have to be approved by the German Federal Institute for Drugs and Medical Devices (BfArM) and included in the DiGA List before doctors can prescribe them to their patients on an individual basis and at the SHI’s expense. Among the DiGAs listed by BfArM since the first listing in October 2020, are those that support patients with light depression, insomnia, obesity, or tinnitus.

Read more in our latest edition of International News.

Stephan Rau
Dr. Stephan Rau focuses his practice on mergers and acquisitions (M&A) transactions and regulatory advice in the health and life science sector. He is the head of the Firm’s Health Law Practice Group in Europe. In 2004, Stephan was adviser on the foundation of the first German corporate medical center. Since then he has represented numerous investors, health care service providers, pharmaceutical and medtech companies, as well as governmental entities in M&A transactions, outsourcing projects, and licensing and reimbursement proceedings. Stephan speaks regularly at health care and life sciences industry as well as legal expert conferences, both at an international and national level. He is the author of numerous publications on German corporate law, health care and life sciences regulation.

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