Facts
The case concerns the question of intercantonal jurisdiction for the residual financing of inpatient nursing care costs. The deceased A. lived in Y. (NW) until August 13, 2009 and entered the nursing home D. in X. (OW) on August 14, 2009. She registered as a weekly resident in X. on February 1, 2010, but left her documents in Y. After the Federal Act on the Reorganization of Nursing Care Financing came into force on January 1, 2011, A. first requested the Finance Administration of the Canton of Nidwalden to assume the residual financing, which was rejected. She then turned to the municipal authority of X., which did not enter into the request due to lack of jurisdiction.
The Administrative Court of the Canton of Obwalden ultimately obliged the municipal authority of X. to enter into the request for residual financing and to assume the uncovered nursing care costs from January 2011 onwards. The municipal authority of X. is now filing a public law appeal with the aim of overturning this decision.
Considerations
The Federal Supreme Court dismisses the appeal. It finds that the federal legislator has not yet made any detailed regulation on the jurisdiction for the residual financing of uncovered nursing care costs. Until further notice, the cantonal or municipal law is therefore decisive.
The Federal Supreme Court considers that cantonal and municipal legislative competences cannot extend beyond the cantonal border. A regulation on the perpetuation of jurisdiction…