Facts
The CSS Health Insurance AG filed a lawsuit against Center A., requesting that it be ordered to repay CHF 2,187.- plus 5% interest since July 31, 2016. The appellant argued that the Decree of the Cantonal Government of Solothurn No. 2016/1186 of June 27, 2016 ("Maximum Rates for Inpatient and Partial Inpatient Care Offerings [Retirement and Nursing Homes], Rates as of July 1, 2016, Adjustment of RAI-RUG Calibration and Contributions from the Public Sector [Nursing Care Financing]") contradicts federal law. The arbitration tribunal dismissed the claim.Considerations
The Federal Supreme Court dismissed the appeal of the CSS Health Insurance AG. It concluded that the Cantonal Government of Solothurn did not act in violation of federal law with Decree No. 2016/1186. The federal ordinance law did not provide for a nationwide uniform procedure for determining care needs in nursing homes during the relevant period until the end of February 2017. Therefore, the Canton of Solothurn was allowed to establish its own approaches based on the RAI/RUG system, version CH-Index 2016. The assessment of care needs varies by canton, with different methods such as PLAISIR, BESA or RAI/RUG being used. The Cantonal Government of Solothurn had a factual reason for…