Tarifwechselrecht (§204 VVG)

What § 204 VVG actually says

§ 204 VVG is the statutory anchor for the Tarifwechselrecht in German private health insurance. In essence, it grants every policyholder the legal right to change to a different tariff inside the same insurer while:

• Keeping their full ageing provisions (Altersrückstellung)

• Keeping their original entry age as the reference point for the base tariff

• Keeping any acquired rights, waiting periods that are already served, accumulated BRE history, and so on

The law addresses one of the oldest consumer concerns about private insurance: that once you are locked in, the insurer can ratchet up the price year after year with no way out except a full switch to another company, which carries new underwriting risks. § 204 gives you an internal alternative that is always available.

The three core rights

1. The right to switch

Every PKV policyholder has the right, at any time, to request a switch into a different tariff with that same insurer, provided the new tariff is of substantially equivalent type (Krankheitskosten-Vollversicherung). The insurer must cooperate, this is not discretionary.

2. The right to information

On request, the insurer must inform the policyholder about all available tariffs with "gleichartigem Versicherungsschutz", substantially similar coverage. This is the foundation of the Haustarif-query practice. A written request obliges the insurer to respond with the full list, not just the most expensive alternatives.

3. The right to preserved ageing provisions

The Altersrückstellung accumulated in the original tariff transfers to the new tariff in full. The insurer recalculates the new tariff's premium on the assumption that the member's reserve is already in place. For older members this preservation is the entire reason the Tarifwechselrecht matters: the reserve is typically worth thousands of euros.

When the health check applies

For equivalent or lower-benefit tariffs, no new Gesundheitsprüfung is required. The insurer cannot demand health questions for a switch to a tariff with the same or reduced coverage.

For higher-benefit tariffs, underwriting is permitted only for the benefit difference. Example: adding chief-physician cover to a tariff that did not include it triggers health questions specific to the probability of using that feature. The base tariff's underwriting stands; the insurer cannot re-examine pre-existing conditions that were accepted in the original tariff.

Why this matters more with age

At 30, the value of the Tarifwechselrecht is mostly abstract. At 55, it is concrete. The Altersrückstellung by then is typically substantial, often the largest hidden component of your premium calculation, though the actual amount varies widely by tariff, entry age, and premium history. A Tarifwechsel preserves it completely. An Anbieterwechsel (switch to a different PKV insurer) transfers only the Basistarif-equivalent share, leaving a substantial part behind.

For this reason, experienced brokers almost always recommend exhausting the § 204 VVG options before considering an Anbieterwechsel. The internal path keeps your capital working; the external path donates a large portion of it to the original insurer's collective pool.

Common misunderstandings

"My Risikozuschlag will disappear if I switch to a cheaper tariff." No. The Risikozuschlag from your original underwriting transfers to the new tariff. The Tarifwechselrecht preserves accepted conditions; it does not reopen them.

"The insurer can refuse my Tarifwechsel request." Only in narrow cases and only within the law. They cannot refuse an equivalent-benefit switch simply because it costs them revenue.

"I lose my BRE history." Tariff-dependent in detail. For most mainstream tariffs, consecutive-year BRE eligibility moves with you. Check the specific target tariff's AVB (Allgemeine Versicherungsbedingungen, the general policy terms).

"I have to go through a broker." No, you can write to the insurer directly. But most members find that a broker familiar with § 204 case law gets a fuller tariff list than a naked self-query. Insurers have a tendency to surface only the cheapest-looking candidates unless pressed.

The broader context

§ 204 VVG sits in a family of consumer protections designed to make private health insurance workable over a lifetime:

• § 203 VVG, premium adjustment rules and Treuhänder (actuarial trustee) approval

• § 205 Abs. 4 VVG, Sonderkündigungsrecht after a premium adjustment

• § 146 VAG, transfer value on insurer changes

• § 152 VAG, Basistarif as a safety net

Together they form a system where switching tariffs inside an insurer is the cheapest exit, switching insurers is a larger step with more loss, and the Basistarif is the floor that guarantees nobody is left without cover.