Rejection of the reimbursement of tariff differences from the out-of-canton hospitalization of asylum seekers

Facts

The Canton of Uri submitted an application to the Federal Office for Refugees for the reimbursement of costs amounting to a total of CHF 33,194.20, which it had incurred in 1995 and 1996 from the out-of-canton hospitalization of asylum seekers assigned to it. The Federal Office rejected the application. The Canton of Uri then filed an administrative appeal with the Federal Department of Justice and Police, which requested the Federal Supreme Court to examine the jurisdiction for a direct appeal. The Federal Supreme Court took over the handling of the appeal.

Considerations

The Federal Supreme Court decided that the tariff difference which the canton of residence is obliged to bear according to Art. 41 para. 3 of the Health Insurance Act (KVG) if an insured person claims the services of a public or publicly subsidized hospital located outside their canton of residence for medical reasons, is not to be considered as welfare expenses which the Confederation must reimburse to the canton according to Art. 20b para. 1 of the Asylum Act (AsylG) and Art. 14c para. 7 of the ANAG. These services provided by the canton have the…