Court Blocks Key Features of Teleclinic's Business Model in Bavaria

A significant ruling from the Munich Social Court has prohibited the telemedicine provider Teleclinic from offering essential aspects of its business model within the framework of contracted medical care in Bavaria. The court's decision, rendered on April 29, 2025, identified several elements as unlawful, including the digital patient record, mandatory registration for patients, restrictions on free choice of doctors, and a usage-based payment model for physicians. Additionally, certain advertising claims made by Teleclinic were also criticized.

The ruling, referenced as Az.: S 56 KA 325/22, is not yet final. It was initiated by the Bavarian Association of Statutory Health Insurance Physicians (KVB), which views the decision as a crucial step toward enhancing legal certainty in telemedicine. In response, Teleclinic has announced its intention to appeal the ruling.

Specifically, the court has barred Teleclinic from implementing various practices, such as utilizing its proprietary patient record system for physicians, requiring patient registration as a condition of service use, and denying patients the right to choose specific doctors when booking appointments. The court found that these practices violate the principle of free choice of physician. Furthermore, the automatic pre-transmission of symptom descriptions without explicit consent at the start of video consultations, the medical pre-screening of online questionnaires, and a pricing model based on billing codes for physicians were also deemed unacceptable.

The KVB asserted that commercial providers like Teleclinic can participate in contracted medical care, but must adhere to established regulations. The KVB board emphasized that the ruling marks a significant advancement for legal clarity in the telemedicine sector.

In a statement to the media, Teleclinic clarified that the ruling pertains specifically to its offerings in Bavaria and does not impact its services nationwide. The platform will continue to be operational in Bavaria, despite the court's decision. Teleclinic contends that the ruling falls short in several respects, maintaining that it has already made adjustments to many of the contested issues, such as allowing patients the option to select their healthcare providers when making appointments.

The company further asserts that it complies with all quality standards set forth in Annex 31c of the national contract for physicians, including those related to data protection and initial medical evaluations. Notably, the court dismissed several aspects of the KVB's lawsuit, according to Teleclinic.

Teleclinic also criticized the ruling for failing to adequately consider nationwide regulations, affirming its commitment to defending its legal position in the appeal process. The company aims to establish video consultations as a secure and integral part of outpatient care.