Konzession für Privatkranken- und Privatentbindungsanstalten sowie Privatnervenkliniken Erteilung

If you want to open a private hospital, private maternity hospital or private psychiatric clinic according to § 30 Gewerbeordnung, you need a trade permit.

The operation of a commercially run clinic (private hospital, private maternity hospital, private psychiatric clinic within the meaning of § 30 Gewerbeordnung) is subject to approval. The regional councils in Hesse decide on applications for commercially run clinics to be operated in their administrative district.

a) about the person of the operator, the shareholders (e.g. in the case of GbR, KG) or the managing director (e.g. in the case of GmbH):

• CV in tabular form
• Police clearance certificate
• Central Trade Register Information
• Certificate in tax matters issued by the tax office (place of residence)
• Certificate from the insolvency court
• Information from the enforcement portal (debtor register/list of assets)

b) to the operating company:

• Commercial register entry
• Social contract
• Central Trade Register Information
• Certificate in tax matters of the tax office (corporate income tax and VAT)
• Certificate from the insolvency court
• Information from the enforcement portal

(c) the institution applied for (private hospital):

• Range of services / list of indications of the private hospital
• Cadastral site plan
• Building plans/floor plans (floor plans only, no side views, sections or open space plans) either with drawing of the use or with separate legend (occupancy - room/use)
• Building description / building permit
• description of operation; Information and evidence on cooperation with external institutions, on anaesthesia, therapy, laboratory, pharmacy, catering, hygiene commission, hospital hygienists, etc. including contracts, patient catering, number of beds, medical-technical equipment, call and hazard alarm systems, ventilation and air-conditioning systems, operating officer for waste according to § 1 No. 1 c) AbfBeauftrV, implementation of the minimum personnel limit ordinance
• Hygiene plan - hygiene report
• Proof of medical management and deputy medical management, in each case employment contract, approbation, doctorate, specialist recognition
• Establishment plan (excluding administration, indicating qualifications and number of posts)
• Description of the rules governing on-call time for doctors and nurses
• Service instructions for doctors/staff
• House rules
• Brochure
• Land register excerpt or lease, rental agreement
• Appointment of the data protection officer (§ 38 BDSG)
• Designation of the Patient Safety Officer
• If applicable, notification of inclusion in the Hessian hospital plan

If the requirements according to § 30 Gewerbeordnung are met, a concession must be granted.

For the implementation of the procedure, fees are to be charged in accordance with the Hessian Administrative Costs Act in conjunction with the Administrative Costs Ordinance for the business area of the Hessian Ministry of Social Affairs (VwkostO-HSM of 23.10.2012 – GVBl. I 2012 p. 356, in the current version). This also applies in the event of a rejection or withdrawal of the application.

The fee is calculated on the basis of the actual time required and taking into account the economic importance of the official act for the recipient.

The application for licensing pursuant to § 30 GewO must be submitted to the respective regional council in whose area of responsibility the facility is to be operated.

In the application procedure, it is checked, among other things, whether sufficient medical and nursing care is ensured in the clinic by appropriate personnel, whether the spatial conditions for a clinic operation are available and whether the operator is reliable under commercial law. This means that there must be no information that gives rise to fears that the clinic could not be operated properly. As part of this review, the relevant specialist authorities, such as the health authority, the building supervisory authority and the food control authority, are involved before the decision is made.

An exact processing time cannot be communicated, as this depends on the individual case.

There is no legal deadline.

It is recommended to submit the permit application at least 6 months before the intended commissioning of the facility.

The permit is granted indefinitely. Significant changes in the company, such as changes in ownership, management, spatial changes, etc. must be reported to the licensing authority and usually result in a change of license.

On the pages of the regional councils in Hesse you will find further information on licensing:

An appeal against the decision may be lodged with the competent administrative court within one month of notification.

• Concession for private patients and private maternity hospitals as well as private mental hospitals
• A commercially run hospital, maternity hospital and mental hospital may only be operated with a permit (license according to § 30 Gewerbeordnung).
• A written application must be submitted by the operator of the institution.
• Attachments must be submitted in accordance with the application form and as indicated above.

Please contact us for a permanent establishment

• in North Hesse to the Regierungspräsidium Kassel,
• in Central Hesse to the Regierungspräsidium Gießen,
• in South Hesse to the Regierungspräsidium Darmstadt,

The application may be made informally. The model of such an application provided here can be used as a guide.

The application can also be submitted electronically via the Point of Single Contact Hesse.