Conditions
PHEOS Munich
by Mariella K. Koch
Kurfürstenplatz 5
80796 Munich
Telephone: 089 - 55 06 44 22
Fax: 089 - 55 06 44 21
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§ 1 Scope
These general terms and conditions regulate the contractual relationship between the alternative practitioner as a user and the patient as a treatment contract in the sense
§§ 611 ff. BGB, unless otherwise agreed between the contracting parties.
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§ 2 Formation and content of the treatment contract
1) The treatment contract is concluded when the patient accepts the general offer of the Heilpraktiker to practise medicine for everyone and turns to the Heilpraktiker for the purpose of advice, diagnosis and therapy.
2) The Heilpraktiker renders his services to the patient in such a way that he uses his knowledge and skills for the purpose of practising medicine for the purpose of enlightening, advising, diagnosing and treating the patient.
3) The patient decides freely about the diagnosis and therapy options according to his or her sensitivities after being comprehensively informed by the Heilpraktiker about the applicable methods and their advantages and disadvantages from a technical and economic point of view.
The Heilpraktiker is entitled to use the methods that correspond to the presumed will of the patient if and to the extent that the patient does not make a decision about this.
4) Methods are often used by Heilpraktikers that are not recognised by conventional medicine, cannot be explained in general and do not correspond to the current state of science. In general, these methods cannot be explained in a causal-functional manner and are therefore not target-oriented. A subjectively expected success cannot be promised or guaranteed. If the patient refuses the use of such methods and only wants to be advised, diagnosed or treated according to scientifically recognised methods, he must declare this in writing to the Heilpraktiker before the start of treatment.
5) The Heilpraktiker may not issue a sick leave notice for people who have public health insurance and he may not prescribe any prescription medication.
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§ 3 Confidentiality of the treatment
1) The Heilpraktiker treats the patient data confidentially and only provides information to third parties with regard to the diagnosis, the consultations and the therapy as well as the accompanying circumstances and the personal circumstances of the patient with the written consent of the patient. The written form can be waived if the information is provided in the interest of the patient and corresponds to his presumed will.
2) Paragraph 1 does not apply insofar as the Heilpraktiker is obliged or entitled to provide information due to legal regulations. The latter is particularly the case if, in connection with the consultation, diagnosis or therapy, there are personal attacks against the Heilpraktiker or his or her profession.
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§ 4 Access to the patient file
1.) The Heilpraktiker keeps a reference file for each patient.
A release of these files to the patient in the original is excluded.
2) Upon request, the Heilpraktiker creates copies from the file for the patient, subject to a fee. Excluded from this are those parts of the recordings that contain purely subjective impressions and perceptions of the Heilpraktiker.
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§ 5 Termination of the treatment contract
1) The treatment contract can be terminated by either party at any time without notice.
2) An untimely termination by the Heilpraktiker is only permissible if there is an important reason for this. An important reason exists in particular if the patient does not provide the necessary anamnesis or diagnostic information, or if the medical practitioner cannot or is not allowed to treat the patient due to a specialisation or for legal reasons, or if there are reasons that cause him to have a conflict of conscience.
At the time of termination, fee claims of the Heilpraktiker that have already arisen remain unaffected by the termination.
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§ 6 Remuneration of the Heilpraktiker
1) With the signing of the treatment contract, the Heilpraktiker's fee claim from the patient comes into effect.
2) If a fee has not been individually agreed between the Heilpraktiker and the patient, the rates of the Gebührenverordnung für Heilpraktiker (GebüH) in the current version apply.
3) Private health insurance or public insurance does not always reimburse the full invoice amount.
4) Missed appointments or appointments canceled at short notice (less than 24 hours in advance) will be charged in full. The above payment obligation does not apply if the patient cancels at least 24 hours before the agreed appointment or is prevented from appearing at the agreed appointment due to circumstances for which the patient is not responsible.
5) The fees are to be paid in cash by the patient after each treatment after receipt of an invoice or, if agreed separately between the Heilpraktiker and the patient, after invoicing in accordance with Section 7 of these General Terms and Conditions.
6) If the Heilpraktiker arranges third-party services that he does not monitor professionally (e.g. laboratory services), the Heilpraktiker is entitled to claim the amounts invoiced by the third party as his own fee components and to settle the expected amount with the patient in accordance with paragraph 2. These amounts are to be shown separately by the Heilpraktiker in receipts and invoices. The Heilpraktiker is entitled to claim his own fees for arranging the accompanying services of third parties from the patient.
7) If the Heilpraktiker has services provided by third parties that he monitors himself, these services are part of the Heilpraktiker's fees, which are also invoiced by the Heilpraktiker. This does not apply if an inclusive agreement has been made between the patient and the Heilpraktiker.
8) In the cases of paragraphs 6 and 7, the Heilpraktiker is exempt from the restrictions of § 181 BGB and may conclude legal transactions as the patient’s representative between third parties (e.g. laboratory) and himself. This also would be valid if § 181 BGB applies to the legal relationship between Heilpraktiker and third parties, regardless of a relevant exemption.
9) Due to legal regulations (§ 43 Gesetz über den Verkehr mit Arzneimitteln), Heilpraktikers are not permitted to dispense medicines that are only sold in pharmacies. However, the direct administration of such medicines by the Heilpraktiker to the patient is permitted, since this is not a question of dispensing, but of use. The Heilpraktiker fee claim also includes the medicines used. The use of medicines brought by the patient is excluded.
10) The dispensing of medicines by pharmacies to patients which are recommended or prescribed by Heilpraktikers represents a direct transaction between patient and pharmacy to which these General Terms and Conditions do not apply. This also applies to over-the-counter medicines, dietary supplements and other aids that are recommended or prescribed to the patient by the Heilpraktiker and that the patient obtains from relevant sales outlets.
11) The Heilpraktiker or companies affiliated with him/her are permitted to dispense over-the-counter medicines, dietary supplements and other aids. Under the premise of the free choice of the point of sale, these products can be sold by the Heilpraktiker with the intention of making a profit or can be brokered for a commission.
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§7 Invoicing
1) In addition to the receipts according to § 6 paragraph 5, the patient will receive a quarterly fee invoice on request, at the latest after the end of the treatment phase, the issue of which is subject to a fee.
2) The invoice contains the name and address of the Heilpraktiker, the name, address and date of birth of the patient. In addition, the invoice contains the diagnosis, the treatment period and the fees to be paid.
3) If the patient does not want a diagnosis or therapy specification in the invoice, he must inform the Heilpraktiker accordingly.
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§ 8 Reimbursement of Fees by Third Parties
1) If the patient has a claim for reimbursement or partial reimbursement of the fee from third parties, the fee claim of the Heilpraktiker according to § 6 is not affected. The Heilpraktiker’s fee statement is made exclusively to the patient. There is no direct settlement with a third party who is liable for reimbursement. A deferral of the fee or parts of the fee by the Heilpraktiker in anticipation of a possible reimbursement by a third party does not take place either.
2) If the Heilpraktiker provides the patient with information about the reimbursement practice of third parties, this is non-binding. In particular, the usual reimbursement rates do not apply as an agreed fee within the meaning of § 6 paragraph 2. The scope of the Heilpraktiker service is not limited to reimbursable services.
3) All information and certificates required in connection with the reimbursement of the Heilpraktiker's fee by third parties are issued to the patient by publishers. These services are subject to a fee. No information will be given to third parties.
§ 9 Severability Clause
1) If these General Terms and Conditions have not become part of the contract or are ineffective in whole or in part, the rest of the contract remains effective.
2) Insofar as provisions of these General Terms and Conditions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions.
3) The contract is ineffective if adhering to it would represent unreasonable hardship for one party to the contract, even taking into account the changes provided for in paragraph 2.
Status: December 2021
signed Mariella K. Koch