VG Karlsruhe: Genetic test serves to prevent diseases
Karlsruhe (jur). The allowance must finance a chromosome examination in individual cases if there is a possible genetic defect in the family. Because the examination can serve to prevent diseases, so that this is eligible, the administrative court Karlsruhe decided on Thursday, April 7th. 2016, published judgment (Az .: 9 K 600/15).
In the specific case, the claimant, who was entitled to aid, had asked the Baden-Württemberg State Office for Pay and Wages to contribute 50 percent of the expenses for a chromosome examination, a total of 416.81 euros. She had justified her application with a family-related genetic defect, which does not have to affect your health, but can lead to serious malformations and disabilities in offspring.
However, the aid was refused because the investigation was not directly related to the healing or relief of a disease or an existing condition. Only those expenses that are incurred due to an illness are eligible, according to the authority. Here, however, the applicant is healthy. The examination does not serve the patient's own health care, but rather the early detection of a possible genetic defect in the case of later pregnancies.
The applicant nevertheless had the investigation carried out. The genetic defect was finally found in her. In court, she wanted to commit the subsidy to half of the costs.
Rightly so, as the Administrative Court ruled in its judgment of January 29, 2016. Here, the chromosome examination was not used to diagnose or cure and alleviate an illness. As such, the genetic defect is not a disease, especially since the applicant feels healthy. The aid must step in if a child's health development is threatened. At the time of the investigation, however, no child had been conceived.
However, the aid must enable outpatient medical services if these are necessary to prevent illnesses or to prevent their worsening. There was a familial genetic defect for serious illnesses. The knowledge of this genetic defect served to prevent the applicant from further obvious diseases. As a result of the genetic defect, there is an increased risk of miscarriage and also psychological stress from the birth of a child with a severe disability. The applicant is therefore entitled to the requested 416.81 euros. (fle)