Facts
The Federal Court has rejected the public law appeal filed by several companies operating nursing homes (EMS) in the canton of Neuchâtel against the cantonal law on the financing of nursing homes (LFinEMS/NE) of September 28, 2010. The LFinEMS/NE subjects nursing homes (EMS) to three distinct legal regimes: - The authorization to operate a nursing home (EMS), which allows free operation according to market laws without responding to a cantonal need in public health. - The admission of a nursing home (EMS) to practice at the expense of compulsory health insurance (HIA recognition), which does not give the right to conclude a service contract with the State. - The recognition of public utility, which allows the nursing home (EMS) to benefit from cantonal subsidies in return for the acceptance of special obligations (fixed rates, accommodation of needy persons, etc.). The Federal Court ruled that the LFinEMS/NE does not violate the HIA nor the Constitution. In particular, the registration of a nursing home (EMS) on the HIA list does not oblige the canton to subsidize it, except for the share of care costs not covered by social insurances or the resident (Art. 25a para. 5 HIA). The canton may make the granting of subsidies subject to the conclusion of a service contract, provided that the general principles of administrative law are respected.Considerations
Regarding the financing of nursing home (EMS) stay costs, the Federal Court considered that the system established by the LFinEMS/NE is in line with the Federal Law on Supplementary Benefits (LPC): - The LPC allows cantons to limit the recognized stay costs for the calculation of supplementary benefits, provided that the average amount…