Reimbursement of Inpatient Private Clinic Expenses: Appropriateness Criteria Under Section 5 BVO BW

The Federal Administrative Court (BVerwG) granted the defendant’s appeal and reversed the lower court’s dismissal of the revision, ordering that the case be remanded for further proceedings on the merits. The dispute concerned the appropriateness of expenses incurred during inpatient treatment at a private clinic under social law, specifically challenging the reimbursement of costs. The decisive legal basis is Section 5, paragraph 1, sentence 1 of the Baden-Württemberg Social Code (BVO BW), with the court finding a fundamental legal question regarding the criteria for appropriate expenses in such institutions, thereby admitting the revision under Section 132, paragraph 2, number 1 of the Administrative Court Rules (VwGO).