Is CGBA a degree
After the deliberations have been concluded, the subcommittee submits a recommendation to the plenary for a resolution with justification. Unless the rules of procedure provide otherwise, the plenary takes a resolution if at least seven votes are cast for it.
The G-BA summarizes the process and content of the deliberations on the respective topic in a comprehensive final report and publishes it on its website. In this way, the decisions of the G-BA are made accessible and transparent to the interested public.
Legal supervision and taking effect of resolutions
The legal supervision of the G-BA has - as it is regulated in § 91a SGB V - the Federal Ministry of Health (BMG).
The G-BA submits the guidelines for checking legality to the BMG. The Ministry has the right to object to the guidelines submitted within two months; In the case of resolutions in accordance with Section 35 (1) SGB V (fixed price groups for pharmaceuticals), the period is four weeks. As part of the review of the guidelines, the BMG can request additional information and additional statements from the G-BA. In addition, non-objection to a guideline can be linked to conditions (Section 94 (1) SGB V).
If the BMG has issued a non-objection to a directive resolution or if the applicable deadline has expired, it will be published in the Federal Gazette, including the relevant reasons, and will usually come into force one day after publication.
A number of resolutions by the G-BA - for example in the area of quality assurance - do not affect any changes to guidelines in accordance with Section 92 SGB V and are not subject to the BMG's scrutiny reservation. These regulations can be put into effect immediately by the G-BA.
Resolutions on the rules of procedure and procedure of the G-BA require the approval of the BMG in accordance with Section 91 (4) SGB V The approval is deemed to have been granted if the ministry does not refuse it in whole or in part within three months of the decision and the supporting reasons. As part of the approval review, the BMG can request additional information and statements.
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