Facts
B. was a resident of the Canton of Zurich and was hospitalized in the general ward of Clinic A. located in the Canton of Thurgau from January 19 to March 31, 2012. The clinic invoiced the "General Daily Rate" of CHF 369.- (after deducting the cantonal share of 51%) for each day of stay, as well as an additional difference of this rate to the "General Daily Rate CH" of CHF 590.-, i.e. CHF 221.-. The health insurance company argued that for the treatment provided, only the "General Daily Rate" of CHF 369.- could be invoiced, and no additional charges.
The Administrative Court of the Canton of Thurgau upheld the health insurance company's claim and determined that the clinic could only claim a daily flat rate of CHF 369.- from the mandatory health insurance for B.'s stay, and no further financial claims.
The clinic filed a public law appeal with the request to set aside the decision and not to enter into the health insurance company's claim, or alternatively to dismiss the claim.
Considerations
The Federal Supreme Court first examined the jurisdiction and the admissibility requirements. It affirmed the jurisdiction of the Administrative Court of the Canton of Thurgau as an arbitration tribunal pursuant to Art. 89 KVG, as it was a dispute between insurers and service providers…