Facts
The appellant, an insured person in a nursing home in the Canton of Zurich, filed a complaint against the Nursing Care Act enacted on September 27, 2010 by the Cantonal Council of the Canton of Zurich. In particular, she objected to Section 9 (2) of the Act, which provides for a cost sharing by the insured persons for nursing services provided by nursing homes up to a maximum of 20% of the highest nursing allowance set by the Federal Council.
The Federal Court dismissed the complaint. It stated that the regulation chosen by the Canton of Zurich, although not prescribed by the Federal Act on the Reorganization of Nursing Care Financing, does not violate this Act either. In particular, the regulation that all nursing home residents, regardless of their individual care needs, must pay the maximum amount of CHF 21.60 per day, does not violate the principle of legal equality. While persons with lower care needs are disproportionately burdened, this corresponds to the legislator's intention to provide greater subsidies for those in need of intensive care. This unequal treatment is…