Facts
The case concerns the question of whether music therapy should be covered as an educational-therapeutic measure within the framework of disability insurance. The Federal Social Insurance Office (BSV) had rejected the obligation of disability insurance to cover music therapy, as this form of therapy, in the opinion of the medical service of the BSV, does not constitute a mandatory service of the health insurance funds due to a lack of medical scientific basis. However, the AHV Appeals Commission of the Canton of Zurich had decided that music therapy constitutes an educational-therapeutic measure within the meaning of Art. 19 para. 2 lit. c IVG and Art. 8 para. 1 lit. c IVV, for which disability insurance must contribute.Considerations
The Federal Supreme Court states that for educational-therapeutic measures within the framework of special education, the concept of educational rather than medical science is decisive. The decisive factor is whether the educational or the medical aspect predominates. In the present case, the educational elements predominate, as music therapy is intended to improve communication and learning skills, and the Directorate of…