Restriction of Financing of Out-of-Canton Elective Treatments by the Canton of Zurich

Facts

Clinic [A. AG] operates the Clinic [A.] located in the Canton of Thurgau and is (for the treatment of certain mental disorders) listed in the hospital list of the Canton of Thurgau valid from January 1, 2012 with a limited number of beds. The Department of Health of the Canton of Zurich restricted the financing contributions of the Canton of Zurich for Zurich patients of Clinic [A.] as of October 1, 2013. Clinic [A. AG] filed a complaint against this.

Considerations

The Federal Supreme Court held that the capacity limits set out in the hospital list of the Canton of Thurgau relate solely to the inpatient treatment of residents of the Canton of Thurgau. The Canton of Zurich cannot therefore invoke this quantity restriction to refuse the proportionate reimbursement of out-of-canton elective treatments of its residents. This case law is also relevant when the quantitative restriction concerns capacities (nursing beds) in the field of psychiatry and is recorded in the hospital list.

The Federal Supreme Court confirmed its previous case law, according to which a quantity restriction set out in…