Refusal to take into account the actual costs of stay in institutions other than the recognized medical-social establishments under Art. 39 para. 3 HIA

Facts

Municipality A. appealed against the decision of the compensation fund of the canton of Schwyz, which had only taken into account daily stay costs of 111 francs for B. in home F. as well as for his children C., D. and E. in institutions G. and H., although the actual costs were significantly higher (263 francs, 592 francs and 321 francs per day respectively). The municipality contested that Art. 10 para. 2 let. a SBA does not require the cantons to set the daily rates in such a way as to avoid dependence on social assistance only for the medical-social establishments recognized under Art. 39 para. 3 HIA, and not for other institutions.

Considerations

The Federal Tribunal dismissed the appeal. It considered that Art. 10 para. 2 let. a SBA does not oblige the cantons to set the daily rates in such a way as to avoid dependence on social assistance for all institutions recognized under Art. 25a para. 1 SBO, but only for the medical-social establishments recognized under Art. 39 para. 3 HIA. This…