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Which two legal provisions govern compulsory health insurance (§ 5 SGB V and § 193 VVG)?
Compulsory membership under § 5 SGB V automatically covers employees below the Jahresarbeitsentgeltgrenze. They have no choice and cannot switch to private health insurance on their own.
The general duty to have health insurance under § 193 VVG applies to everyone who is not a compulsory member of statutory health insurance. They must either stay voluntarily insured in statutory health insurance or take out full private health insurance cover. Gaps are not allowed.
When does the window to switch open?
If your salary rises above the Jahresarbeitsentgeltgrenze JAEG · JahresarbeitsentgeltgrenzeThe annual income threshold in Germany. Employees who earn more than this per year may leave statutory health insurance and switch to private health insurance.More about JAEG →, a window opens to switch to private health insurance. This window applies if your income exceeded the limit in the previous year and will probably also exceed it in the current year. Exceeding it once is not enough. You should check the relevant value for the current year in advance.
What applies to self-employed people, civil servants and special cases?
Self-employed people and freelancers are not compulsory members of statutory health insurance. They can switch to private health insurance as soon as they start their self-employed work, regardless of income. Civil servants also have a free choice. Because they are entitled to Beihilfe BeihilfeThe state healthcare allowance for civil servants. The Beihilfestelle pays a fixed share of medical costs, the Beihilfesatz, and private insurance covers the rest.More about Beihilfe →, they usually choose private health insurance with a Restkostenversicherung Restkostenversicherung · RestkostentarifA private plan that covers the share of medical costs that Beihilfe does not pay. Together with Beihilfe it gives civil servants full cover.More about Restkostentarif →.
We recommend that you check right away whether you are above the Versicherungspflichtgrenze when your salary jumps or when you become self-employed. The window to switch to private health insurance is limited in time. An early check gives you clarity about your options.
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Switching to private health insurance is probably not advisable for you.
From the age of 55, admission to private health insurance is often possible only with restrictions. A late switch can also mean higher premiums.
It matters to us that a switch pays off for you in the long run. That is why we do not recommend a consultation when your answers already show that the conditions are rather unfavorable.
Not sure, or want to correct your answers? Feel free to contact us. We will help you assess your situation.
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