Aid may also have to pay for preventive surgery

Aid may also have to pay for preventive surgery

The grant may also have to pay for preventive surgery if there is a high probability of serious illness due to a gene mutation. That was on Thursday, March 10th. In 2016, the Hessian Administrative Court (VGH) in Kassel ruled in the event of impending breast cancer (Az .: 1 A 1261/15).

An official from southern Hesse had sued. It is the carrier of the BRCA-2 gene. With a corresponding family history, there is an 80 percent probability of breast cancer.

Several female family members had already developed breast cancer here. Doctors classified the official as a "high-risk patient".

So she didn't want to wait until she got breast cancer too. Of the aid, which covers part of the health care for civil servants, she applied for preventive breast surgery with reconstruction using implants. The state of Hesse, however, rejected this. The officer nevertheless had the operation carried out and sued for reimbursement.

Like the Darmstadt Administrative Court, the VGH Kassel now upheld the lawsuit. The Hessian state aid regulations do not provide for the direct assumption of costs in such cases. However, it is derived from the duty of care of the employer, which is anchored in the Basic Law.

Therefore, "the existence of a BRCA-2 gene mutation" should be regarded as a disease within the meaning of the state aid rules, the VGH judged. As a result, the aid would have to cover the cost of preventive breast surgery.

However, due to its fundamental importance, the VGH Kassel approved the appeal to the Federal Administrative Court in Leipzig. (mwo / fle)

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