Facts
The appellant [O.] requested reimbursement from the health insurance company KPT for the costs of the surgical removal of an acoustic neuroma (auditory nerve tumor) performed at a clinic in Germany. KPT rejected the cost coverage, which was confirmed by the Administrative Court of the Canton of Bern. Subsequently, [O.] filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that medical treatments are only covered by the mandatory health insurance if they are provided in Switzerland, in accordance with the principle of territoriality. An exception to the principle of territoriality requires proof that either no treatment is available in Switzerland at all, or that the treatment practiced domestically carries significantly higher risks compared to the foreign alternative, and thus a medically responsible and reasonable treatment in Switzerland is not guaranteed.
In the present case, the Federal Supreme Court found that the operation in question is regularly performed in Swiss hospitals and there were no indications that treatment in Switzerland would have been…