Nursing home fee hikes are prohibited without prior authorization. - Unjustified Fee Hikes in Nursing Homes Forbidden
Care Home Fee Adjustments under Legal Scrutiny after Court Rulings
Germany's Consumer Center has instigated legal actions against two care sector businesses. One of these companies oversees around 230 care homes across the nation, the Consumer Center reported. The companies, in question, dispatched invoices to residents, featuring increased fees, which the Consumer Center contends were misleading.
These increased fees allegedly gave residents the impression that they were obliged to pay the higher sum, when in reality, the prerequisites had not been met. The Consumer Center added that the aforementioned companies failed to obtain consent for the fee increases, a requirement deemed necessary for such adjustments.
Residents opposed the fee hike, stating that the necessary prerequisites had not been met. Despite this, they continued to receive higher invoices. Negotiations for an out-of-court settlement with the care homes proved futile, the Consumer Center revealed. According to the consumer protectors, courts confirmed that the issuance of increased invoices without the cooperation of contract partners was unlawful.
The Consumer Center advises careful scrutiny of every fee increase, urging against hasty consent. Pascal Bading, the lawyer for the Consumer Center Berlin, emphasized that such increased letters often prove ineffective due to administrative errors.
Going back to 2016, the Federal Court of Justice deemed that any adjustment to care home fees necessitates the approval of residents. Thus, it cannot be implemented unilaterally. The Consumer Center clarified that this ruling is legally binding.
While specific regulations regarding the unilateral fee increase by care homes are not explicitly mentioned in the provided sources, it's essential for care homes to adhere to contractual agreements and relevant legal frameworks that govern service provision and pricing. Unilateral increases in fees would usually require legitimate reasons, such as alterations in costs or services, and may necessitate negotiations or consent from residents or their representatives, depending on the contract terms and applicable laws. For precise legal advice, consulting specific German legislation or legal experts is advisable.
- The Court of Justice's ruling in 2016, regarding care home fee adjustments, serves as a reminder for the industry to abide by contractual agreements and relevant legal frameworks.
- The misleading increased fees in care homes have been a subject of concern, causing confusion among residents.
- Fulfilling obligations under Article 85 (1) of the Treaty is crucial to avoid justifying the imposition of a definitive anti-dumping duty, as the Court of Justice has consistently held.
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