Medicine Tenders

Details: Preparation of a draft act of entrustment under EU state aid law by the state of Brandenburg to the Medical University of Lausitz - Carl Thiem. As of July 1, 2024, the state of Brandenburg has established the Medical University of Lausitz - Carl Thiem (mul-ct) as a legal entity under public law with the legal and organizational integration of the university hospital in accordance with Section 1 Paragraph 1 Sentence 1 of the Brandenburg University Medicine Act (bbgunimedg). The state is the guarantor of the Mul-ct in accordance with Section 8 Paragraph 13 Bbgunimedg. The Mul-ct falls within the portfolio of the Ministry of Science, Research and Culture of the State of Brandenburg (mwfk). The Mul-ct's integrated university hospital is a hospital of the highest level of care and has clinics with a total of around 1,200 planned beds. The Mul-ct is the sole shareholder of four subsidiaries and the majority shareholder of a subsidiary that serve the operation of the Mul-ct. Including its subsidiaries, around 3,200 people are employed at the university hospital. According to Section 2, Paragraph 4, Sentence 1 of the Bbgunimedg, the tasks of the Mul-ct in healthcare include in particular public healthcare, with the city of Cottbus/chósebuz being exempted from its obligation to provide healthcare under Section 1 of the Brandenburg Hospital Development Act (bbgkheg). According to Section 2, Paragraph 4, Sentence 2 of the Bbgunimedg, healthcare serves to fulfil the tasks of the Mul-ct in research, teaching, and system and future tasks. According to Section 6, Paragraph 1 of the Bbgunimedg, the Mul-ct identifies the needs in healthcare required to fulfil its tasks in research, teaching, and system and future tasks and how these are covered by the Mul-ct in its university hospital planning. According to Section 6 Paragraph 3 Bbgunimedg, the Mwfk determines the university clinic planning by written notice (determination notice). The determination notice establishes the care mandate of the Mul-ct. Until this determination notice is issued for the first time, the determination notice according to Section 14 Paragraph 1 Bbgkheg remains valid for inclusion in the hospital plan in the currently applicable version. Due to the short period of time since the Mul-ct was established on July 1, 2024, there is still no university clinic planning for the Mul-ct. According to Section 12 Paragraph 6 Bbgkheg, the university clinic planning and the state's hospital planning must be coordinated with one another. The care mandate of the Mul-ct in accordance with the university clinic planning determined in accordance with Section 6 Bbgunimedg is to be taken into account in hospital planning as specified with an effect that covers needs. The MWFK intends to issue an entrustment act on behalf of the state of Brandenburg to MUL-CT and possibly its subsidiaries with regard to public services in health care on the basis of the so-called DAWI exemption decision of the EU Commission (OJ EU L 7/3 of 11 January 2012). The aim is to create a legal basis for the granting of compensation by the state to MUL-CT and its subsidiaries in accordance with EU state aid law and other relevant legal provisions. In preparation for the decree, a contractor is to prepare a draft of a corresponding entrustment act, examining the relevant legal issues.