Facts
[D.], born in 1952, was compulsorily insured for medical care with Helsana Versicherungen AG (hereinafter: Helsana) when he underwent cataract surgery on 7 February 2007. Helsana covered the costs of this operation. Both before and again after the procedure, it called on the insured to register with the Federal Disability Insurance (hereinafter: IV) to receive benefits (medical integration measures). After this had not been done, Helsana itself registered [D.] with the IV.
By decision of 29 October 2007, the IV office Bern did not enter into the claim for benefits, as Helsana was not authorized to register the insured. Upholding the appeal filed by Helsana against this, the Administrative Court of the Canton of Bern set aside the contested decision and remanded the case to the IV office "for further action in the sense of the considerations".
The IV office Bern appeals in public law matters with the legal claim that the lower court decision be set aside.
Considerations
The Federal Supreme Court states that Helsana, as the pre-payment obligated insurance carrier pursuant to Art. 70 para. 2 lit. a ATSG, is authorized to register the insured with the Disability Insurance. Although according to Art. 66 para. 1 IVV only the insured, his legal representative, as well as authorities or third parties who regularly support or permanently care for the insured, are authorized to assert the claim. Helsana does not fall under this description.
However, Art. 70 para. 3 ATSG establishes an obligation of the insured person to register their claims against other insurers. If the insured person does not fulfill this obligation, this has…