Facts

The appellant, Dr. med. [A.] , a specialist in Orthopaedic Surgery and Traumatology of the Musculoskeletal System, performed specialized diagnostic MRI scans using a FONAR Upright device at the Centre [X.] . The CSS Kranken-Versicherung AG (CSS) took the position that the invoicing of these examinations was not in accordance with the tariff and demanded a reimbursement. As the appellant considered his service billings to be in line with the tariff, the CSS filed a claim with the Arbitration Tribunal for Social Insurance Disputes of the Canton of Zurich.

Considerations

The Arbitration Tribunal partially upheld the claim and ordered the appellant to reimburse CHF 5'818.10 plus interest. The Federal Supreme Court dismissed the appellant's appeal against this decision. It stated that as a service provider subject to the tariff obligation, the appellant is not free to determine prices and tariffs, but must adhere to the existing tariffs (tariff protection). The Upright MRI method applied by the appellant is covered by the tariff, so there is no room for invoicing analogous positions. An expanded interpretation demanded by the appellant is not necessary, as the Paritätische Interpretationskommission…