scholarly journals The Social Long-Term Care Insurance in Germany: Origin, Situation, Threats, and Perspectives

Author(s):  
Stephan Lothar Thomsen
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas

This chapter discusses the principle of social state as articulated in Art. 20 of the Grundgesetz (GG). In contrast to the democracy principle, GG contains only a few provisions which can be assumed to be specific manifestations of the social-state principle. As a result, interpretation and application of the principle become problematic. As an objective right, the social-state principle requires the state to provide actual benefits. Art. 1 para. 1 GG, in combination with the social-state principle, justifies a claim ‘to the guarantee of a minimum livelihood in accordance with human dignity’. The chapter examines the Federal Constitutional Court's jurisprudence concerning individual social benefits that may be provided by the legislature to fulfill its obligations under the social-state clause, with particular emphasis on long-term care insurance, and the state's obligations under the social-state principle to create and maintain public social-welfare facilities.


2019 ◽  
Author(s):  
Constanze Janda

The textbook is dealing with the fundamental legal aspects of the long-term care insurance and the fields of law related to that. The latest legislative developments and reforms, such as the two “Pflegestärkungsgesetze” are presented, thus the book is higly up-to-date. After defining and discussing the concept of “need of care”, the authors present the eligibility criteria and benefits in the long-term care insurance from the claimants’ point of view. Additionally, the legal relations between service providers and the cost-bearers as well as matters of quality assurance are reflected. The focus is set on the social care insurance (SGB XI), but benefits of the health care insurance (SGB V) and the social assistance scheme (SGB XII) related to care are dealt with, too. Schedules, case studies and sample examinations questions make the book a very helpful guide through the law of care for students of law, social work and care. Besides, pracitioners can get a concise overwiev on the recent development in care.


2020 ◽  
Vol 69 (8-9) ◽  
pp. 627-641

Zusammenfassung Ausgehend von Beiträgen des Wissenschaftlichen Beirats für Familienfragen zum Verhältnis Familie und Sozialversicherung beleuchten wir in diesem Aufsatz die Frage der Familiengerechtigkeit in der sozialen Pflegeversicherung. Ein Großteil der Pflegearbeit in Deutschland wird innerhalb der Familie erbracht, gleichzeitig gewährleisten Familien die nachhaltige Finanzierung der Pflegeversicherung. Demographische Entwicklungen und veränderte Verantwortungskonzepte stellen diese Leistungserbringung vor Herausforderungen. Wir argumentieren, dass Familien auf der Beitrags- wie auf der Leistungsseite mehr ­Unterstützung benötigen, z. B. bei der arbeitsrechtlichen und finanziellen Absicherung pflegender Angehöriger, um die bestehende Schieflage zwischen stationärer und häuslicher Versorgung zu mildern. Abstract: The Role of Families in the Social Insurance System Based on previous reports of the Scientific Advisory Board for Family Affairs on the role of families in the social insurance system, this essay examines the aspect of family fairness in long-term care insurance. The majority of care work in Germany is provided within the family, while at the same time families ensure sustainable financing of long-term care insurance. Demographic change and changing concepts of responsibility challenge these modes of care provision. We argue that families need more support on the contribution as well as the benefit side, e. g. by securing labour rights and financial protection of caring relatives to alleviate the existing imbalances between institutional and home care.


2013 ◽  
Vol 14 (2) ◽  
pp. 551-575 ◽  
Author(s):  
Philippe De Donder ◽  
Marie-Louise Leroux

Abstract We develop a model where individuals all have the same probability of becoming dependent and vote over the social long-term care insurance contribution rate before buying additional private insurance and saving. We study three types of behavioral biases, all having in common that agents under-weight their dependency probability when taking private decisions. Sophisticated procrastinators anticipate their mistake when voting, while optimistic and myopic agents have preferences that are consistent across choices. Optimists under-estimate their own probability of becoming dependent but know the average probability, while myopics underestimate both. Sophisticated procrastinators attain the first-best allocation, while myopics and optimists insure too little and save too much. Myopics and optimists more (resp., less) biased than the median are worse off (resp., better off), at the majority-voting equilibrium, when private insurance is available than when it is not.


2007 ◽  
Vol 58 (2) ◽  
Author(s):  
Torsten Sundmacher

SummaryThe Social Long-term Care Insurance (Gesetzliche Pflegeversicherung, GPV) is in a crisis which will clearly intensify without reforms. An important solution strategy is the introduction of competition elements. This concerns the competition between the Long-term Care Insurance as well as the competition between the service providers. In comparison to the Social Health Insurance (Gesetzliche Krankenvereicherung, GKV) this coordination procedure can be found up to now very rarely. It is examined with the help of the market failure theory which market problems can be found in the area of long-term care. Here, nursing goods as well as the market for nursing insurances are examined. In comparison to the GKV, the lacking consumer’s sovereignty and problems with principal-agent-relations aggravate the situation in the GPV. However, other market failures are rather less important. An enlarged discussion of differences between GPV and GKV leads to the question of the institutional arrangement. This concerns on the one hand the possible amount of market and competition in the GPV as well as, on the other hand, the relation between GKV and GPV. In particular the interface problems between both social insurance systems are discussed.


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