The legal framework for the out-patient care of the client needing intensive care is fixed in German social legislation. This states that: "The insured party shall receive out-patient care by suitable nursing staff in their own household or family, apart from the treatment by a doctor if hospital treatment is required but not practicable."

This regulation, protected by the judgements of the social courts, ensures an appropriate, human and competent supply to clients who have to be mechanically ventilated at home.