Resolutions

Upon completion of consultations, the subcommittee submits a recommendation and rationale for a resolution to the plenum. The plenum passes a resolution if at least seven votes have been cast in its favour, unless stated otherwise in the bylaws.

The G-BA summarizes the proceedings and content of consultations in a detailed final report and publishes it on its website. This ensures that G-BA decisions are accessible and transparent to the interested public.

Legal supervision and effectiveness of resolutions

The Federal Ministry of Health (Bundesministerium für Gesundheit, BMG) has legal supervision over the G-BA, as defined in SGB V, section 91a.

The G-BA submits its directives to the BMG for an examination of their legality. The ministry has the right to object to directives within two months of their submission; the deadline for resolutions in accordance with SGB V, section 35, paragraph 1 (reference price groups for medicinal products) is four weeks. When examining directives, the BMG can also request additional information and supplementary statements. Non-objection to a directive can also be conditional (SGB V, section 94, paragraph 1).

If the BMG has stated no objections to a draft directive, or if the deadline has expired, it is published in the Federal Gazette along with its justification, and normally takes effect one day after its publication.

A number of G-BA resolutions – for example in the area of quality assurance – do not affect directive changes in accordance with SGB V, section 92, and are not subject to examination by the BMG. The G-BA can put these regulations into effect immediately.

Resolutions on the G-BA bylaws and Rules of Procedure require approval from the BMG in accordance with SGB V, section 91, paragraph 4. Approval is considered granted if the ministry does not object in full or in part within three months after the resolution and justification are submitted. When considering approval, the BMG can also request additional information and statements.