Decision on the Jurisdiction for Covering the Costs of Drug Therapy

Facts

[X.] , born in 1972, rented an apartment in the municipality of [A.] in the Canton of Solothurn in February 1998. In June 1998, he applied for social assistance after losing his job. In September 1998, [X.] left his apartment and went to the Canton of Bern, where he initially stayed with friends in the municipality of [C.] and later lived in a caravan. From November 1998 to June 2000, [X.] was cared for in the Therapeutic Community [E.] in the Canton of Basel-Landschaft and in the Outpatient Group Home [F.] in Basel, which resulted in costs of a total of CHF 110,773.75. [X.] requested that the Canton of Bern or the municipality of [C.] cover these costs.

Considerations

The Federal Court concluded that [X.] had not established a place of residence for support in the Canton of Bern. Therefore, the Canton of Bern could not be held responsible for the therapy costs incurred in the Cantons of Basel-Landschaft and Basel-Stadt based on Art. 9 para. 3 SocRA. Art. 11 para. 2 SocRA, which obligates the canton of residence to cover…