Obligation of the canton of residence to pay the difference in costs for outpatient treatment in a public or subsidized hospital located outside the canton

Facts

The canton of Solothurn was ordered to pay the cost difference of CHF 73.80 between the rates charged by the rheumatology and rehabilitation clinic in Leukerbad for the emergency outpatient treatment of Ms. H., a resident of the canton of Solothurn, and the rates applicable to residents of the canton of Valais. As the clinic is a subsidized public institution, the canton of the patient's residence is obliged, under Art. 41 para. 3 HIA, to cover this cost difference.

Considerations

According to case law, the notion of "services" within the meaning of Art. 41 para. 3 HIA generally covers all services provided by a public or subsidized hospital located outside the patient's canton of residence, regardless of the form of treatment (inpatient, semi-inpatient or outpatient), including any possible stay. This follows from the broad wording of this provision, which does not distinguish according to the form of care.

Although Art. 49 HIA provides for cantonal participation in the costs only for inpatient treatment of their residents in public or subsidized hospitals, this does not mean that the obligation to cover the difference in rates provided for in Art. 41 para. 3 HIA is limited to inpatient treatment alone.…