(1) Unless a minimum period of insurance has been agreed for the cost-of-illness and daily hospital allowance insurance, the policyholder may terminate a health insurance agreement which has been concluded for a period of more than one year to the end of the first year, or of each subsequent year, subject to a notice period of three months. The termination may be limited to individual insured persons or tariffs.
(2) If an insured person is obliged by operation of law to take out health or long-term nursing care insurance, the policyholder may terminate cost-of-illness, daily sickness allowance insurance and long-term nursing care insurance, as well as the prospective entitlement insurance which exists for these insurance policies, retroactively within three months of the day on which the obligation to take out the insurance arose. Termination of the contract is void if the policyholder does not provide proof to the insurer within two months of the obligation to take out insurance after the insurer has asked him or her to do so in writing, unless the policyholder is not responsible for missing this deadline. If the policyholder avails himself or herself of the right to terminate the contract, the insurer is only entitled to the premium up until that point in time. The policyholder may subsequently terminate the insurance agreement as per the end of that month in which he or she provides proof of his or her obligation to take out the insurance. The statutory right to family insurance, or the non-temporary right to a health care allowance for public servants resulting from a public service contract or similar employment status, is equivalent to the obligation to take out insurance.
(3) If the contract of insurance provides that, when the policyholder reaches a certain age, or when other preconditions referred to therein are met, the premium for another age or another age group applies, or the premium is calculated taking old-age reserves into account, the policyholder may terminate the insurance agreement with regard to the affected insured person within two months after the change with effect from the time when it became effective, if the premium increases as a result.
(4) If the insurer increases the insurance premium, or reduces a benefit on account of an adjustment clause, the policyholder may terminate the insurance policy with regard to the affected insured person within two months after receipt of the communication of the change, with effect from such time as the increase in the premium or the reduction of the benefits is to take effect.
(5) If the insurer has reserved the right to limit the termination of a contract to individual insured persons or tariffs, and he or she avails himself or herself of this possibility, the policyholder may demand that the remaining share of the insurance be rescinded within two weeks after receipt of the termination to such time as the termination takes effect. Sentence 1 applies accordingly if the insurer declares the avoidance or rescission of the policy possible only for individual insured persons or tariffs. The policyholder may demand in such cases that the contract be rescinded as per the end of the month in which he or she receives the insurer’s declaration.
(6) In derogation from subsections (1) to (5), the policyholder may only terminate an insurance policy which complies with an obligation under section 193 (3) sentence 1 if he or she concludes a new contract with another insurer for the insured person which complies with this obligation. Termination only becomes effective if the policyholder proves, within two months after the declaration of termination, that the insured person is insured by a new insurer without interruption; if the time when termination was pronounced is more than two months after the declaration of termination, proof must be provided by this date.