FSVG updated: new §2(2a) clarifies mandatory insurance for doctors & dentists from 1 Jan 2024
The law on social insurance for freelance self-employed persons (FSVG) now explicitly defines which activities count as 'freelance' for mandatory accident and pension insurance purposes for doctors and dentists. The new paragraph §2(2a), introduced by BGBl. I Nr. 110/2023, has been in force since 1 January 2024.
What changed
The full text of §2 (mandatory insurance / Pflichtversicherung) has been incorporated into the document, including the new sub-paragraph §2(2a). This sub-paragraph lists four types of activity that count as freelance medical practice for insurance purposes: work in a group practice, treatment of private-ward patients and emergency-doctor duties, activities under §47a(4)–(5) of the Medical Practitioners Act, and medical treatment of prison inmates.
Who is affected
The rules primarily affect freely practising doctors (members of a Ärztekammer / Medical Chamber) and dentists (members of the Österreichische Zahnärztekammer). Pharmacists, patent attorneys, and civil engineers/architects are also covered by §2(1) for pension insurance. Mandatory pension insurance applies only to persons aged 15 and over.
What to look out for
The changes introduced by BGBl. I Nr. 110/2023 entered into force on 1 January 2024 (confirmed by the new §37). Doctors and dentists performing any of the four activities listed in §2(2a) must treat those activities as triggering mandatory social insurance under the FSVG. Note that the law itself was repealed on 10 January 2013 but these transitional and definitional provisions remain relevant for insurance periods up to that date and for any ongoing administrative proceedings.