Facts
On 23 December 2002, Helsana Versicherungen AG filed an action against the canton of Zurich with the social insurance court of the canton of Zurich, requesting that the canton be ordered to pay it an amount to be determined by the court. On 14 January 2003, the social insurance court of the canton of Zurich refused to enter into the matter on this action, on the grounds that there was no appealable administrative decision. The matter was referred to the Directorate of Health of the canton of Zurich for it to rule on the application in the form of a decision that could be appealed against. Helsana appealed against this decision to the Federal Social Insurance Court, requesting that the social insurance court of the canton of Zurich be required to enter into the matter on its application of 23 December 2002.Considerations
The Federal Social Insurance Court considers that: 1. The regulation of jurisdiction and procedure for asserting and, if necessary, judicially enforcing a cost difference claim under Art. 41(3) 1st sentence HIA is in principle a matter for the cantons. Even after the entry into force of the General Part of Social Insurance Law Act (GSSLA), the cantons remain competent to regulate these matters at the cantonal level. 2. Disputes between health insurers and cantons concerning the obligation to pay the cost difference under Art. 41(3) HIA are not excluded from the scope of the GSSLA. However, the…