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BSG: No right to be paid for larger garbage cans
Health insurers have to pay incontinence diapers if necessary, but not their disposal. That was decided on Thursday, March 15, 2018, by the Federal Social Court (BSG) in Kassel (Az .: B 3 KR 4/17 R). Specifically, the health insurance company refused to cover the additional costs for a larger garbage can.
The plaintiff from Schleswig-Holstein used to get by with a 40-liter bin with 14 days of emptying. However, the more he relied on incontinence diapers, the more the bin overflowed. So he ordered a ton of 120 liters, which now cost eight instead of three euros per month.
At the end of 2012, he therefore applied to his health insurance company to pay for the disposal of the diapers in addition to the costs of five euros a month. As a reason, he pointed out that the health insurance companies also pay for the electricity costs of an electric wheelchair or for the costs of caring for a guide dog.
However, the health insurance company refused to pay for the larger garbage can - and rightly so, as the BSG has now decided. According to the legal requirements, the health insurance companies are only responsible for the "supply of aids", but not for their disposal.
The plaintiff's examples are therefore not transferable, according to the BSG. Electricity and dog food are necessary to be able to use the respective aid at all. The waste costs for incontinence materials, on the other hand, were only incurred after they were used.
In conclusion, the Kassel judges referred to the additional costs of only 60 euros per year. This is "not so high that the legislature is to blame for exceeding its broad socio-political scope." mwo / fle