Criminal defense for Zulassungsentziehung im Vertragsarztrecht (§ 95 SGB V) in Bonn

In brief: Withdrawal of the contract-physician licence for a gross breach of duties. The sentencing range is Withdrawal of the contract-physician licence (§ 95 Abs. 6 SGB V). What matters is the evidence – we assess it after obtaining the case file.

Legal Basis

§ 95 Abs. 6 SGB V

Sentencing Range

Withdrawal of the contract-physician licence

Summary

Withdrawal of the contract-physician licence for a gross breach of duties.

Withdrawal of the Contract-Physician Licence (Section 95 SGB V) – Overview

Withdrawal of the contract-physician licence under Section 95(6) SGB V is the most severe response of contract-physician law – it ends participation in statutory health care and strikes at the economic basis of the practice. It generally requires a gross breach of contract-physician duties. The admission committee decides; legal recourse runs via the appeals committee to the social courts. We represent doctors nationwide in these proceedings.

When a breach is “gross”

A gross breach exists where the conduct has so lastingly destroyed the relationship of trust that continued cooperation cannot be expected – typically systematic false billing, serious repeated breaches of billing and documentation duties, or persistent, unrepentant inefficiency. An overall assessment is decisive, as is whether trust has been restored through good conduct up to the last administrative decision.

Procedure and legal protection

The admission committee decides; its decision is challenged before the appeals committee and then the social court and, on further appeal, the state social court. In North Rhine-Westphalia (NRW) these are the admission and appeals committees at the KV Nordrhein and KV Westfalen-Lippe. Where immediate enforcement is ordered, interim legal protection is often the decisive lever.

How we defend

We contest whether the breach is truly “gross”, document good conduct and the restoration of trust, insist on proportionality and milder means (disciplinary measures, conditions), seek interim protection against immediate enforcement, and coordinate with parallel criminal and Approbation proceedings, since criminal findings feed directly into the assessment.

This overview is general in nature. Decisive are Section 95 SGB V and the decisions of the competent bodies. We act nationwide.

Summons or accusation of Zulassungsentziehung im Vertragsarztrecht (§ 95 SGB V)? What matters now

Two things matter immediately: say nothing to the police about the allegation – you are never obliged to – and have your defense obtain the investigation file first. In detail: your rights as an accused person, responding to a police summons.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We assess the evidence, look for procedural errors and negotiate with the prosecution about a discontinuation.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.