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Students with private health insurance may not switch back to the statutory health insurance
Students who are insured in private health insurance (PKV) cannot subsequently switch back to the statutory health insurance. The Trier Social Court dismissed a lawsuit filed by a student. At least until the end of the course, students must remain in the private health insurance.
Whoever is a student usually has a low income. In addition, most students have to pay tuition fees. Private health insurance can quickly turn out to be a cost driver because the tariffs are not based on the insured person's income, but on the benefits of the tariff. If students do not have any income themselves, they can be co-insured with the family in the statutory health insurance. In the specific case, a student now wanted to switch from the PKV back to the GKV. However, the statutory health insurance company denied the request and referred to the legal regulations that preclude a return to the SHI if the insured had previously been exempted from compulsory insurance. After all, this also applies to employees and civil servants, who would also not be able to change later.
During an interruption in his studies, the plaintiff was covered by his parents' health insurance with a statutory health insurance fund. The plaintiff warned that after three semesters he had abandoned his studies in agricultural sciences in order to begin studying psychology two years later. However, the choice of a new field of study or the choice of a new university is irrelevant, according to the judges. The plaintiff could not orient the type of his health insurance according to his own needs. The decision to be exempt from the student's statutory health insurance is binding at least for the duration of the course, according to the verdict (file number, Trier Social Court: S 5 KR 119/10).
The Confederation of Insured and Stiftung Warentest recently warned against a premature switch to private providers. If individual circumstances change, a private health insurance can quickly become much more expensive. Therefore, such a step should always be considered long-term by those affected. The Social Court ruling again showed that return is almost impossible without exception. The PKV is not aware of social tariffs, family co-insurance and income-related health insurance contributions. (sb)
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