Facts
The Federal Tribunal has rejected the appeal filed by Clinic A. SA and Dr. med. B. against the new provisions of the implementing law of the Federal Health Insurance Act (HIA) of the Canton of Ticino, which entered into force on January 1, 2012. The main issues addressed in the judgment concern: - The setting of a maximum volume of services for the hospitals in the Canton, in accordance with Art. 39 HIA and Arts. 58a-58e HIO. The Federal Tribunal considers that this quantitative limit is admissible within the framework of cantonal hospital planning. - The introduction of a global contribution by the Canton for the financing of hospital services, in accordance with Arts. 49 and 51 HIA. - The limitation of the admission of patients with supplementary insurance, in accordance with Art. 41a HIA. - The control of hospital investments, in accordance with Art. 49 HIA. - The planning criteria relating to the minimum number of cases and the exploitation of synergies, in accordance with Art. 39 para. 2ter HIA. - The obligation of non-university education and compliance with the usual working conditions in the sector, in accordance with Art. 49 HIA. - The involvement of the Canton in tariff negotiations, in accordance with Art. 46 HIA.Considerations
The Federal Tribunal has rejected the appeal, considering that the contested provisions are in conformity with the Federal Health Insurance Act (HIA) and the constitutional principles. In particular, the Tribunal has considered that: - The setting of a maximum volume of services for hospitals falls within the scope of cantonal hospital planning provided for by the HIA and does not violate the principle of equal treatment or the prohibition of arbitrariness. - The introduction of a global contribution by the Canton for the financing of hospital services is in accordance with Art. 51 HIA. - The limitation of the admission…