Facts
A.T., born in 1981, suffers from a congenital malformation syndrome (Ehlers-Danlos syndrome) that is recognized as a congenital defect. As a result, he was hospitalized at the Cantonal Hospital of St. Gallen from November 26 to December 11, 1990, at the Cantonal Hospital of Chur from December 29 to 31, 1990, and again at the Cantonal Hospital of St. Gallen from January 14 to 23, 1991. The Disability Insurance covered the costs for the trips to and from the hospital as well as for necessary doctor's visits prior to the hospitalization, but rejected the payment of the expenses for the daily visits by the mother during the hospital stays.
The parents of A.T. filed an administrative court appeal and requested that the Disability Insurance be obliged to pay the travel expenses of CHF 2,259.90 for the visits from November 27, 1990 to January 22, 1991.
Considerations
The Federal Court states that according to Art. 90 para. 3 sentence 2 of the Ordinance on Disability Insurance (IVV), visit trips in connection with the implementation of integration measures are generally to be borne by the Disability Insurance. However, the administrative practice of limiting the reimbursement to two monthly visits proves to be…