Court overturns approval for Oberwart heart surgery

The Burgenland Administrative Court has overturned the approval for heart surgery at Oberwart Clinic, granting appeals by the Health Ministry and the Austrian Health Insurance Fund, ORF reported. The court said the authority had assessed need using criteria that contradicted the law and differed from Supreme Administrative Court case law.

The court sent the matter back to the authority for a new decision. Burgenland Governor Hans Peter Doskozil said the state health provider, Gesundheit Burgenland, would file an extraordinary appeal and seek suspensive effect. The state’s Department 10 is working to correct the formal errors identified in the ruling, he said.

Doskozil said the decision would not affect operations or patient care. Existing surgery appointments would remain valid, he said.

The heart surgery unit is due to begin its next expansion phase on Thursday. Its operating range will grow, capacity will increase to four heart-lung machine procedures a week, and inpatient beds will rise to eight.

The unit has been disputed. Heart surgery in Oberwart is not included in the Austrian Health Structure Plan, agreed in 2023 by the federal government, the states and social insurance providers. Burgenland continues to say the service is needed. The Health Ministry and the Austrian Health Insurance Fund challenged its approval.