TERMS & CONDITIONS
§ 1 Applicability of the Terms
a) The terms and conditions govern the business relationship between alternative practitioner and patient as a treatment or consulting contract as far as not deviating between the contractual parties has been agreed in writing.
b) The treatment contract is concluded when the patient accepts the general holistic offer of the alternative practitioner and addresses the Naturopath for the purpose of consultation and treatment.
c) However, the alternative practitioner is entitled to refuse a consulting contract or treatment contract without stating reasons; especially if a required relationship of trust can not be expected, it is about complaints that the alternative practitioner due to his specialization or for legal reasons can not or must treat or that can bring him into conflicts of conscience. In this case, the fee claim of the alternative practitioner remains for the benefits incurred up to the refusal, including advice.
§ 2 Content and purpose of the treatment contract
a) The practitioner provides his services to the patient in such a way that he applies his knowledge and skills of practicing alternative medicine to assess the patient's situation, counseling and therapy.
b) The patient freely decides on the choice of diagnostic and therapeutic methods according to his sensitivities, after he has been comprehensively informed by the non-medical practitioner about the applicable methods and their advantages and disadvantages in professional and economic terms. The naturopath does not make any diagnosis and gives no promise of healing, since these have always been legally prohibited.
c) In many cases, the non-medical practitioner uses methods that are not recognized in conventional medicine and do not correspond to the state of science. In general, these methods can not be explained causally and functionally and thus are not targeted. In this respect, a subjectively expected success of the method can neither legally be promised nor guaranteed. As far as the patient refuses the application of such methods and wants to be advised, diagnosed or treated exclusively according to scientifically recognized methods of conventional medicine, he has to explain this to the non-medical practitioner in writing.
d) The alternative practitioner may not make any sick certificate and prescribe any prescription drugs.
§ 3 Participation of the patient
The patient is not obliged to participate actively. However, the alternative practitioner is entitled to discontinue the treatment if the required relationship of trust no longer exists, especially if the patient negates counseling content, incorrectly or incompletely provided information for the patient's history and diagnosis, or thwarted therapeutic measures.
§ 4 Remuneration of the alternative practitioner
a) The alternative practitioner is entitled to a fee for his services. As far as the fees are not individually agreed between health practitioner and patient, for orientation and reference, the rates of fees apply to non-medical practitioners.
Private health insurance or additional insurance does not always refund the full amount of the invoice.
Non-adhered to or canceled too short (less than 24 hours) appointments may be fully billed by the practitioner.
b) The fees must be transferred by the patient after billing to the account indicated on the bill to the alternative practitioner or to receive cash payment for each day of treatment.
c) If the alternative practitioner mediates the services of third parties that he does not supervise professionally (for example, laboratory services), the alternative practitioner is entitled to assert the amounts invoiced by the third party as his own fee components and to settle accounts with the patient at the probable amount according to paragraph "b)". In receipts and invoices, these amounts must be shown separately..
d) In the case of paragraph "c)", the healthcare practitioner is exempted from the data protection restrictions and, as agent of the patient, may enter into legal transactions between the third party (e.g., laboratory) and himself.
e) Due to legal regulations, the dispensing of pharmacy-only medicinal products is not permitted to non-medical practitioners. However, the direct administration to patients by the alternative practitioner is still allowed, as this is not a levy but a use. From this it follows that alternative practitioner fees in principle contain the drugs used and a kind of deduction or specification is not possible. The use of medicines brought by the patient by the naturopath is excluded.
f) On the other hand, the dispensing of medicines by pharmacies to the patient for prescribed or recommended medicines constitutes a direct transaction not covered by these terms and conditions, which has no influence on the fee and invoices of the alternative practitioner. This also applies to over-the-counter medicines, nutritional supplements and other aids that are recommended or prescribed by the alternative practitioner and obtained from the patient at relevant points of sale. The patient has free choice of pharmacy or point of sale. The alternative practitioner may not grant reimbursements or benefits for pharmacy-only medicinal products.
§ 5 Fee refund by third parties
a) As far as the patient is entitled to reimbursement or partial reimbursement of the fee by a third party or believes to have, § 4 is not affected. The alternative practitioner does not carry out a direct billing and can not even hours the fee or fee parts in terms of a possible reimbursement.
b) Insofar as the alternative practitioner provides information on the reimbursement practice of third parties in the context of the economic counseling pursuant to § 2 (b), these are non-binding. In particular, the usual reimbursement rates do not apply as agreed fees within the meaning of § 4 (a) and the scope of the non-medical practitioner services under § 2 (b) is not limited to reimbursable services.
c) The alternative practitioner does not provide the third party with any direct information in reimbursement questions. All information and necessary certificates are given exclusively to the patient. Such services are subject to fees.
§ 6 Issuing invoices
a) In addition to the receipts according to § 4, the patient receives if wanted a written invoice on a monthly basis, at the latest after completion of the treatment phase. The invoice contains the name, address and tax code of the alternative practitioner, the name and address and date of birth of the patient. It specifies the treatment period and the fees to be paid, third-party benefits and ancillary benefits.
The invoice should not contain any diagnosis, nor may the benefits be itemized so that any diagnosis could be suspected.
b) If, for reasons of proof or reimbursement, the patient wishes to receive a copy of the invoice containing diagnosis or therapy specifications with diagnostic inferences, this must be informed of the breach of confidentiality and the written assignment of the patient.
§ 7 Confidentiality of the treatment
a) The alternative practitioner treats the patient data confidentially and provides information regarding the diagnosis, counseling and therapy as well as the accompanying circumstances and personal circumstances of the patient only with the express written consent of the patient. The written form may be waived if the information is provided in the interest of the patient and it can be assumed that the patient will agree.
b) Paragraph "a)" shall not apply if the alternative practitioner is required by law to disclose the data - for example, to report certain diagnoses - or is required to provide information by official or court order. This also applies to information provided to persons entitled to custody but not to information to spouses, relatives or family members.
c) The alternative practitioner keeps records of his services (manualsm= hand files). The patient is not entitled to access these manuals; he also can not ask for these hand files. Paragraph "b)" remains unaffected.
d) If the patient requires a treatment or medical record, this creates the non-medical practitioner fee and fee from the manual. Insofar as there are originals in the hand file, these are enclosed in the treatment file in copy. The copies are given a note (stamp imprint or sticker) that the originals are in the hand file.
e) Hand files are destroyed by the practitioner 30 years after the last treatment or 10 years after the death of the patient. Destruction is omitted if there are indications that the files may be in question for evidence.
§ 8 Disagreements
Disagreements from the treatment contract and the terms and conditions should be settled amicably. For this purpose, it is advisable to submit counter-opinions, differing opinions or complaints in writing to the other contracting party.
§ 9 Salvatory clause
Should individual provisions of the treatment contract or the terms and conditions be or become invalid or void, the effectiveness of the treatment contract as a whole will not be affected. Rather, the invalid or void provision must be replaced in a free interpretation by a provision which comes closest to the purpose of the contract and the will of the parties.