Questão jurídica principal
Whether the insured could be excluded from the CareMed house-doctor model under the contract clause for cases where the CareMed doctor has no or only slight influence on treatment.
Decisão extraída
No. The clause must be construed narrowly; regular specialist treatment does not by itself mean the CareMed doctor lacks sufficient influence as long as he knows the ongoing treatments and can obtain information and intervene if needed.
Fundamentação extraída
The house-doctor model under Art. 41(4) KVG aims at cost savings through coordination, not risk selection. A broad reading would effectively exclude chronically ill persons and would conflict with the model's concept and the rule of constitutional interpretation. The gatekeeper role persists after referral by supervising and coordinating treatment.