Facts
In the Cantonal Gazette of January 21, 2004, the Department of Health of the Canton of Basel-City published the rate regulation for the state hospitals dated December 24, 2003. This regulation provides for the following rates for private patients:
- In acute care clinics of the Cantonal Hospital: CHF 598.- for patients residing in the Canton of Basel-City, CHF 789.- for patients residing in other cantons, and CHF 800.- for patients residing abroad.
- In geriatric clinics: CHF 457.- for patients residing in the Canton of Basel-City, CHF 477.- for patients residing in other cantons, and CHF 487.- for patients residing abroad.
- In the Psychiatric University Clinic: CHF 600.- for patients residing in the Canton of Basel-City, CHF 730.- for patients residing in other cantons, and CHF 855.- for patients residing abroad.
Furthermore, the rate regulation provides for surcharges on physician fees for inpatient private patients, namely 120 to 170% on the hospital services catalogue or Tarmed point value.
Considerations
The Federal Supreme Court dismisses the constitutional complaint of Helsana Insurance AG against this rate regulation.
The Federal Supreme Court states that the complainant, as a nationwide health insurer, is entitled to file the constitutional complaint, as it is at least virtually affected in its interests by the rate regulation.
With regard to the per diem flat rates for private inpatients, the Federal Supreme Court considers the higher rate to be justified, as it covers the additional services such as more luxurious hotel services and free choice of physician, which go beyond…