Permit for a private hospital

Security & Order

If you want to run a private hospital, you need a license under commercial law.

An institution within the meaning of commercial law is a facility that is used for the treatment and care of patients and in which patients are accommodated and fed. This can be

a private hospital,
a private maternity clinic
a private mental hospital or
a combination of these facilities.

Homes in which mentally ill or mentally disabled people are accommodated and only occasionally receive medical care are not private hospitals.

Note: Public institutions and those operated for charitable, benevolent or scientific purposes do not require a license.

You do not have to be a doctor to obtain a license.

The permit applies to a specific natural or legal person. If the company is a partnership, each managing partner needs a license.

Note: The license does not replace other permits and approvals required by law. Regardless of whether a license is granted, the business must be registered at the registered office.

Service details

Procedure

You must apply to the competent authority for permission to operate a private hospital. You can apply for the permit in writing or via the link below.

Once all the necessary documents have been received, the competent authority will check whether you have been granted a permit. If this is the case, you will receive a notice of approval, which the competent authority may attach conditions and ancillary provisions to.

If there are grounds for refusing the permit, you will receive a notice of refusal.

Prerequisites

As a rule, you will receive a permit. The competent authority will only refuse it in the following cases:

If there are facts
- you are considered unreliable for the management or administration of the clinic.
  In addition to a lack of financial capacity, tax debts or relevant criminal convictions, the fact that you have already had a license revoked or have operated a private hospital without the necessary permit is considered an indication of unreliability.
- you do not appear to be able to guarantee adequate medical and nursing care for patients.
You must ensure that sufficient medical expertise is available (e.g. by employing doctors and nursing staff) and that a certain minimum standard is guaranteed for the medical and technical equipment.
If, according to the descriptions and plans to be submitted, the building and technology of the clinic do not meet the minimum requirements of the health authorities.
You will receive the license for certain rooms; it does not replace the building permit.
If the clinic is to be housed in only part of a building that is also occupied by other people and this may entail considerable disadvantages or dangers for the other residents of this building.
If the clinic is intended to accommodate people with infectious diseases or the mentally ill and its location may cause considerable disadvantages or dangers for the owners or residents of neighboring properties.

Required documents

Completed application form
Description of the
- of the therapy concept,
- the type, number and occupancy of the rooms and
- the staffing
Floor plans and building permit
For partial occupancy: Plans showing where people not belonging to the institution live
Lease agreement or proof of ownership
Copy of identity card or comparable identification document
For legal entities:
- for companies based in Germany:
  - for companies entered in a register: Extract from the commercial register or the partnership register
  - otherwise a copy of the articles of association (e.g. in the case of a civil law partnership (GbR))
- if the company is based abroad: documents from the country of domicile that prove the legal form.
Proof of medical management and their deputies (license to practice medicine & medical specialist)
Original tax certificate from the tax office
Negative certificate from the insolvency court in the original
Certificate of good conduct with direct mailing to the Ludwigsburg District Office, not older than six months
Information from the central trade register sent directly to the Ludwigsburg District Office, not older than six months

In order to verify the necessary requirements (in particular your personal reliability), the competent authority may request further documents and obtain statements from other authorities (e.g. police, State Office of Criminal Investigation).

Partnerships (GbR, KG, OHG, PartG, GmbH Co. KG) are not eligible for a license as such. Therefore, each managing partner requires a permit. You must submit a completed application form and all personal documents for each of these persons.

Fees

The amount of the fees is based on the current version of the Ludwigsburg District Fee Ordinance.

Legal basis

§ Section 30 of the Trade Regulation Act (GewO)
§ Section 49 of the Trade Regulation Act (expiry of permits)

Application form

Application for a private hospital(https://www.service-bw.de/zufi/leistungen/560)

Competent authority

The licensing authority is the district administration office, district police department, if the intended place of business is located in a municipality in the Ludwigsburg district. For intended places of business in the large district towns including the administrative communities, the large district towns are responsible.