Exemption from court fees before the Federal Insurance Court in disputes between an insured person and their canton of residence concerning the interpretation and application of Art. 41 para. 3 HIA

Facts

The dispute opposes the applicant S. to the canton of St. Gallen and the Insurance Court of the canton of St. Gallen. The main question is whether the proceedings before the Federal Insurance Court are exempt from court fees when the dispute concerns the interpretation and application of Art. 41 para. 3 HIA between an insured person and their canton of residence.

Considerations

The Federal Tribunal considers that disputes between an insured person and their canton of residence concerning the interpretation and application of Art. 41 para. 3 HIA should in principle be exempt from court fees before the Federal Insurance Court. Although the canton is not a health insurer within the meaning of the law, the social insurance nature of the difference payments made by the insured person's canton of residence in the event of hospitalization outside the canton for medical reasons justifies this treatment. Indeed, these payments aim to contain the costs borne by the mandatory health insurance, without modifying the insured person's right to be compensated. It would therefore be difficult to understand that the insured person be ordered…