Facts
In this case, the question was whether the additional costs for a temporary stay in another nursing home due to the closure of the respondent's regular residential home for operational holidays could be covered as medical or disability costs within the meaning of the Supplementary Benefits Act (ELG). The respondent, a resident of a sheltered workshop for the disabled, had to temporarily move to an old-age nursing home during the operational holidays, which led to additional costs. The Old Age and Survivors' Insurance of the Canton of St. Gallen rejected the assumption of these additional costs, which was confirmed by the Insurance Court of the Canton of St. Gallen. The respondent appealed against this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court confirmed the rejection of the assumption of the additional nursing home costs. It stated that according to Art. 3d para. 1 ELG, the medical and disability costs to be reimbursed are exhaustively regulated and that additional costs not mentioned in the law cannot be covered. The costs for convalescent and spa cures listed in Art. 11 and 12 of the Ordinance on the Reimbursement of Medical and Disability Costs in Supplementary Benefits (ELKV) are only reimbursed if they are medically prescribed. In the present case, however, the additional costs were not medically, but operationally, due to the closure of the…