Confirmation of Case Law on Residual Financing of Care Costs and Jurisdiction of the Cantonal Social Insurance Court

Facts

The X. Retirement and Nursing Home Foundation filed a complaint against the decision of the Office for Supplementary Benefits to AHV/IV of the City of Zurich to no longer cover the care contributions for P. as of January 1, 2013. The Social Insurance Court of the Canton of Zurich did not enter into the complaint, as it considered itself incompetent.

Both the Foundation and the City of Zurich then filed appeals in public law matters with the Federal Supreme Court. The Federal Supreme Court did not enter into the appeal of the City of Zurich, as it was filed late. However, the Federal Supreme Court upheld the appeal of the Foundation.

Considerations

The Federal Supreme Court confirmed its previous case law, according to which the basic entitlement to the assumption of uncovered care costs by the public authorities is of a federal law nature. It also decided that the Federal Act on the General Part of Social Insurance Law (ATSG) applies to disputes concerning the residual financing of care services at least when the cantonal legislature has not made any or any deviating regulation.

The Federal Supreme Court clarified that the ATSG is also to be applied when the will of the cantonal…