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Section 135a of Book V of the Social Code - Quality assurance obligation

(1) The healthcare providers shall be obliged to ensure and update the quality of the benefits which they provide. The benefits must be state-of-the-art, and must be provided in the technically required quality.

(2) Registered contract doctors, medical care centres, registered hospitals, providers of prevention services or rehabilitation measures and facilities with whom a care contract has been concluded in accordance with section 111a shall be obliged, in accordance with sections 137 and 137d,

1. to take part in inter-institutional quality assurance measures, particularly aiming to improve the quality of the outcome, and

2. to introduce and further develop quality management at intra-institutional level, which in hospitals shall include the obligation to implement patient-orientated complaint management.

(3) Reports and data from intra-institutional and inter-institutional risk management and error reporting systems in accordance with subsection (2) in conjunction with section 137 subsection (1d) may not be used in legal transactions to the disadvantage of the party making the report. This shall not apply where such use is necessary in order to prosecute a criminal offence on which the maximum imposable sentence is more than five years’ imprisonment and which is also particularly grievous in the individual case and it would be impossible or much more difficult to ascertain the facts of the case or the whereabouts of the accused by other means.

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