On 14 March 2019, the German Parliament (Bundestag) adopted the German Appointment Service and Supply Act (Terminservice- und Versorgungsgesetz; TSVG), which will come into force in May 2019, as the German Federal Council (Bundesrat) didn´t veto the law. The impact on investors is less drastic than it was discussed during the legislative process.
The Act will have the following material implications for strategic and financial investors:
1. Dental medical care centres (MCCs)
- No professional proximity: The establishment of dental MCCs by licensed hospitals will still be possible in future. A hospital's professional proximity to dental care will still not be required in future.
- New establishment: However, the establishment of new dental MCCs will be limited depending on the regional supply level: In future, it will not be possible for licensed hospitals to establish a dental MCC in an over-supplied region if the MCC in such case would exceed a supply capacity of 5 % of contract doctors in this region. Over-supplied regions include in particular urban and metropolitan areas. For under-supplied regions, higher supply capacities apply.
- Expansion: If in future an investor purchases a hospital which operates a chain of dental MCCs, the investor should be aware of the supply capacity of the MCC in this region in order to be able to assess any planned expansion. Pursuant to the Act, the Associations of Statutory Health Insurance Dentists will in future be responsible for determining the regional supply capacity.