YOUR
Search

    17.05.2020

    Second Act for the Protection of the Population in the Event of an Epidemic Situation of National Significance


    Subsequent to the "Act for the Protection of the Population in the Event of an Epidemic Situation of National Significance" dated 25 March 2020 (see our blog post dated 30 March 2020), the German Parliament passed the draft bill of the Second Act for the Protection of the Population in the Event of an Epidemic Situation of National Significance, proposed the parliamentary groups of the Christian Democratic Union (CDU/CSU) and the Social Democratic Party (SPD) on 14 May 2020, with votes of the CDU/CSU and SPD parliamentary groups. The bill was approved by the German Bundesrat, the Federal Council, on 15 May 2020.

     

    The purpose of the Act is mainly to protect people particularly vulnerable to infection with the coronavirus and to gain a better insight into the course of the pandemic. Among other things, the Act establishes that the Federal Ministry of Health (BMG) is authorised to issue a regulation obliging statutory health insurance companies to generally pay for coronavirus or antibody tests. Furthermore, the public health service will be supported by federal measures, in particular to promote digitisation (EUR 50m will be made available for this purpose). In view of the recently enacted Digital Health Applications Ordinance (see our blog post of 28 April 2020), this is another step towards the digitisation of the health care system. As with the European Commission's announcement that the EU Medical Devices Regulation (EU) 2017/745 will be postponed to 2021 (see also our blog post from dated 1 April 2020), the Act also postpones the entry into force of the new Medical Devices Implementation Act by one year, and the Medical Devices Act will now apply one year longer, until 26 May 2021.

     

    The corresponding communication of the Federal Ministry of Health with further explanations as well as the draft bill and the recommendation for a resolution (all of them in German) can be obtained through the following links:

     

    Communication of the Federal Ministry of Health

     

    Draft bill

     

    Recommendation for a resolution

     

     

     

    Dr Silke Dulle

     

    Robert Schmid

     

     

     

    Corporate transactions – Why you need to take increased caution in transactions involving medical devices
    Over the past few years, numerous M&A transactions have involved medical products law. Various small and medium-sized companies active in the sector have merged to take advantage of economies of scale and …
    Read more
    First German Cannabis Bill – Half Baked? – Implications for social clubs and commerce
    The German health minister Mr. Lauterbach has presented - as announced - a first draft of a law that is to further open the cannabis market. The government is still discussing the bill internally; the bill…
    Read more
    Licensed Stores vs. Social Clubs – Germany up in smoke?
    In the coalition agreement of 2021, the coalition parties agreed on the introduction of controlled sale of cannabis for consumption to adults in licensed shops. The decisive factors here should be to contr…
    Read more
    ADVANT Beiten advises Cipla (EU) Limited on its investment in Ethris GmbH
    Berlin, 25 January 2023 – The international law firm ADVANT Beiten has provided comprehensive legal advice to Cipla (EU) Limited, a wholly-owned subsidiary of Cipla Limited (“Cipla”), headquartered in Mumb…
    Read more
    Recertification of medical devices
    In our blog post of 26 May 2021, we informed on the EU Medical Device Regulation ("MDR") and the German Medical Device Regulation Implementation Act ("MPDG") entering into force. In that blog post, we poin…
    Read more
    ADVANT Beiten advises Medline on the acquisition of Asid Bonz
    Duesseldorf, 20 May 2022 – ADVANT Beiten has provided comprehensive legal advice to Medline International B.V., a leading manufacturer and distributor of medical devices in Europe, on the acquisition of 10…
    Read more
    Update: Entry into force of the Medical Need Health Care Assurance Regulation ("MedBVSV") of the Federal Ministr…
    The Health Care Assurance Regulation MedBVSV which was announced on 14 April 2020 (please also see our post dated 17 April 2020) entered into force on 27 May 2020 (LINK to MedBVSV). The Regulation devia…
    Read more
    Second Act for the Protection of the Population in the Event of an Epidemic Situation of National Significance
    Subsequent to the "Act for the Protection of the Population in the Event of an Epidemic Situation of National Significance" dated 25 March 2020 (see our blog post dated 30 March 2020), the German Parliamen…
    Read more
    Digital Health Applications Ordinance – DiGAV of 21 April 2020
    To contain the spread of the coronavirus, the use of applications (apps) that are used on smartphones or smart watches has been proposed frequently. It is not least this consideration that suggests that di…
    Read more