Decision on Hospital Reform in NRW Announced by OVG - Decision Made on Hospital Reform in NRW (North Rhine-Westphalia)
First Decision in NRW Hospital Reform: OVG Münster Upholds District Government's Decision
The Higher Administrative Court in Münster, North Rhine-Westphalia, has issued a preliminary ruling in the ongoing legal dispute over hospital reform. A hospital in the Coesfeld district had filed an urgent application contesting a decision by the Münster district government that barred the facility from performing certain deep rectal interventions. The OVG has provisionally affirmed the district government's decision.
In the OVG's view, the district government's selection of hospitals was error-free. The contested hospital had only met five out of nine selection criteria, while six were required. Consequently, the hospital's complaint was unsuccessful.
The ruling is not subject to appeal, the OVG announced (Ref.: 13 B 356/25). Thirty-four other urgent proceedings are still pending at the OVG in Münster. The hospital reform aims to enhance patient care and reduce clinic oversupply by strengthening hospital specialization. In the future, patients can expect clinics to offer services for complex interventions they have extensive experience in, adequate staff, and appropriate equipment - for example, in cancer treatment.
There is no consensus on whether rulings in urgent proceedings in the context of hospital reform in North Rhine-Westphalia involve a suspensory effect. In general, suspensive effects in legal proceedings vary depending on the applicable laws and regulations. For hospital reform, any suspensive effect would be contingent on the specific legal framework governing such reforms and the court's decision to apply such an effect during urgent proceedings.
In cases where hospitals have been unsuccessful in preliminary legal protection proceedings, the ruling does not have a suspensory effect, according to the Ministry of Health. If clinics have been successful in such proceedings, they may continue to offer their services provisionally until a final decision is made on their lawsuit in the main proceedings.
- The community policy of strengthening hospital specialization includes implementing vocational training for medical professionals to ensure clinics offer complex services like cancer treatment with extensive experience, adequate staff, and appropriate equipment.
- Amidst policy-and-legislation regarding healthcare and medical-conditions, the Higher Administrative Court in Münster, North Rhine-Westphalia, ruled on a case concerning vocational training, rejecting a hospital's complaint because it fell short of the required selection criteria, thereby reinforcing the need for proficiency in these areas.
- Ever since the introduction of health-and-wellness policies in North Rhine-Westphalia, general-news outlets have been covering the impact of these reforms on hospitals, including their effect on legal proceedings related to vocational training and the resulting suspensory effects as per the specific legal framework of the reform.