Privatkrankenanstalt Konzession beantragen

If you want to open a private hospital, a private maternity hospital or a private mental hospital, you will need a permit under trade law, a so-called license. You must apply for this.

If you want to run a private hospital, you need a license under commercial law, a so-called concession.

A hospital within the meaning of commercial law is a facility that is used for the treatment and care of patients and where patients are treated as inpatients, i.e. where they are also accommodated and fed.

Only private, commercially operated hospitals require such a license. Public institutions and those operated for charitable, benevolent or scientific purposes do not require a permit. In contrast to these, the entrepreneur operating the private hospital has the intention of making a profit from the operation.

You can, but do not have to be a doctor yourself. If you are a doctor, a distinction must be made between

• facilities that serve the exercise of your freelance activity (e.g. a surgeon's clinic) and

• establishments that are not directly related to your freelance work and are designed to make a profit.

The license indicates whether it serves 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.

Permission is granted to a specific natural or legal person. If the company is a partnership, each of the managing partners requires a license. The license is granted for an unlimited period, provided that no changes are made to the clinic premises or similar.

The competent authority must be notified immediately of any changes to the license granted.

The license does not replace other legally required permits and approvals.

• Identity card or national passport

• Foreign nationals, with the exception of EU nationals, also require a residence permit that entitles them to work in a self-employed capacity. The same applies to comparable employment as a managing director of a legal entity or as a representative of a natural person.

An information sheet on the procedure and the required documents is available on the website of the Thuringian State Office of Administration:

If the legal requirements are met, a license must be granted.

The license will only be refused in the following cases:

• 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 financial capacity, tax debts or relevant criminal convictions, the fact that you have already had a license revoked or have operated a private hospital without the necessary license is also considered an indication of unreliability.

• If there are facts that make it appear that adequate medical and nursing care for patients cannot be guaranteed. Although you do not have to be a doctor yourself, you must ensure that sufficient medical expertise is available (e.g. by employing doctors and nursing staff) and that a certain minimum standard is guaranteed for the medical and technical equipment.

• If, 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 requirements of the health authorities. The license is granted for specific rooms and does not replace the building permit.

• If the institution or clinic is to be housed in only part of a building that is also occupied by other persons and its operation may cause considerable disadvantages or dangers for the other occupants of this building.

• If the institution or clinic is intended to accommodate persons with infectious diseases or the mentally ill and its location may cause considerable disadvantages or dangers for the owners or residents of neighboring properties.

The amount of the fees depends on the scope of the application (basic fee 50,00 Euro + 3,00 Euro per requested bed).

An exact processing time cannot be given, as this depends on the individual case.

The private clinic can only be operated after the corresponding concession has been granted.

The appeal is part of the decision to grant the concession.

• Concession for private hospitals, private maternity hospitals and private mental hospitals Issuance
• A private hospital, maternity hospital and private mental hospital may be operated only with a permit (concession).
• A written application must be submitted by the institution's owner.
• Attachments must be submitted in accordance with the application form.
• Certain requirements must be met.
• Fees are charged.
• Responsible: Department of Public Health Services at the Thuringian State Administration Office (TLVwA).

Please contact the Public Health Service Department at the Thuringian State Administration Office (TLVwA).

An informal application with the documents listed in the aforementioned information sheet is sufficient.