General terms and conditions - Midwifery assistance
Between the beneficiary
and the midwives of Hebammenhaus am Hafen PartG - after referred as HHH
The legal relationship between the HHH and the service recipient is of a private law nature.
The service recipient uses the help of freelance midwives. The services are provided based on the contract on the provision of midwifery assistance in accordance with §134a SGB V, which was concluded between the professional associations of midwives and the GKV-Spitzenverband. This includes the following services:
Business hours of the midwives: WORKING DAYS between 8:00 and 18:00 o’clock,
Mobile availability of the main supervising midwife: preferably by SMS - she will call back.
Outside normal business hours, the midwives' cell phones are only used for on-call duty for births.
Outside of these hours - especially in urgent cases or emergency situations - please contact the nearest clinic or pediatric clinic.
Help - emergency service
Doctor on duty, home visit service nationwide 116117
Rescue service: 112
Emergency outpatient clinics of the hospitals 24 hrs
Pharmacy emergency service online: https://www.aponet.de/service/notdienstapotheke-finden.html
If problems arise during pregnancy, birth or the postpartum period that require medical treatment, the midwife will recommend that you seek medical or clinical treatment.
(1) The services are provided based on the contract on the provision of midwifery assistance in accordance with §134a SGB V, which was concluded between the professional associations of midwives and the GKV central association.
(2) In the case of self-payers, the range of services offered is based on the private fee schedule of the federal state in which the service is provided. If you have private health insurance, we expressly point out that your contract may not cover all midwifery services (e.g. courses for birth preparation and postnatal recovery or care during an out-of-hospital birth).
(3) The services of the doctors or ambulance services called in by the midwives are not included in the services of HHH. The services of any doctors or ambulance services called in will be charged separately.
(4) Registrations for all courses are binding. Missed lessons cannot be settled with the health insurance company and will be charged to the insured person privately at €10 per missed lesson. (Exceptions are hospital stays or an acute, serious and prolonged illness of the woman).
If a class is canceled due to a birth attendance or for other important reasons, an alternative date will be offered.
(5) Obstetrics
If the beneficiary wishes to be cared for by a midwife from HHH during an out-of-hospital birth, an application is made - considering the “Criteria for an out-of-hospital birth” - with a “Supplementary treatment contract for midwifery assistance during birth” in which the period of on-call duty for the birth is also regulated.
If the course of the pregnancy suggests a normal birth, the birth planning discussion and information about the circumstances of an out-of-hospital birth will take place around the 34th week of pregnancy. At this meeting, the arrangements for on-call cover are also discussed in detail and the invoice for the on-call fee is issued. The lump sum for the on-call service is then due at the start of the on-call service (37+0 weeks' gestation at the earliest) if there are no criteria against an out-of-hospital birth.
If the type, frequency, scope and timing of the utilisation of the midwife exceeds the services described in the contract for the provision of midwifery services in accordance with Section §134a SGB V, the service recipient agrees to bear the costs for this. The same applies to any extraordinary travelling expenses incurred, insofar as these are not covered by the recipient's health insurance.
The midwife undertakes to provide information before utilising any chargeable services. The midwife will issue a private invoice for these services.
1a) Services that are not covered by the contract for the provision of midwife assistance in accordance with §134a SGB V and for which no supplementary agreement has been concluded with individual health insurance funds are, for example
This includes on-call duty between 6 p.m. and 8 a.m., weekends and public holidays, from 37+0 to 41+6 (or 24 hours after birth). Part of the on-call duty allowance is covered by many health insurance companies on application. A separate contract for childbirth care is concluded for this purpose.
1b) Services that exceed the upper limit of the contract for the provision of midwifery care in accordance with §134a SGBV for those with statutory health insurance, e.g.
(1) In the case of patients with statutory health insurance, HHH and the respective midwife will invoice the services to the statutory health insurance fund responsible for providing benefits. This does not include the agreed optional services. The recipients are obliged to pay for these as self-payers.
(2) Beneficiaries for whom a corporation, institution or foundation under public law is liable for the services used in the context of pregnancy and maternity (e.g. persons entitled to welfare benefits, Hartz IV office) shall submit a declaration of assumption of costs from their cost bearer which covers the services of the HHH or the individual midwife. If this declaration of assumption of costs is not available or does not cover the services utilised, the beneficiaries are obliged to pay the fee for the services as self-payers.
(3) Self-paying patients (those with private health insurance or those using optional services as per para. 4.) are obliged to pay the fee for the services of the HHH and the respective midwife in accordance with this contract.
In the case of self-payers, the reimbursable scope of services is based on the private fee schedule of the federal state in which the service is provided. The recipient of services is responsible for clarifying the eligibility for reimbursement of services with her health insurance company (some private health insurance companies do not pay for antenatal or labour preparation services).
(4) The presentation of the services rendered or agreed deadlines shall be made by means of signature lists. Copies of contracts shall be handed over and invoices issued.
The midwife(s) shall be liable for the services of midwifery assistance within the framework of the statutory provisions around care during pregnancy and the postpartum period as well as in the event of breastfeeding problems and infant feeding problems. Professional liability insurance with an appropriate level of cover exists for the activities of each midwife within the scope of this contract.
If a doctor is called in, an independent contractual relationship is established with him/her; the midwives are not liable for the medical and medically arranged services.
The provider of the HHH is only liable for items brought into the care of the service recipient and for vehicles of the service recipient and accompanying persons that are parked on the premises of the HHH in cases of intent and gross negligence; the same applies to the loss of money and valuables that were not handed over for safekeeping.
If individual provisions of this contract are invalid, this shall not affect the validity of the remaining provisions of the contract. The invalid provisions shall be replaced by a provision that comes as close as possible to the invalid provision.
Updated Nov 24