Refusal to include a hospital in the list of hospitals in the canton of Zurich

Facts

The Schweizer Paraplegiker-Zentrum Nottwil, a private hospital located in the canton of Lucerne and included on the list of hospitals in that canton, requested to be included on the list of hospitals in the canton of Zurich. The government of the canton of Zurich refused to include it on its list of hospitals for 1998. The Schweizer Paraplegiker-Zentrum Nottwil appealed this decision to the Federal Council, which rejected the appeal.

Considerations

The Federal Insurance Court considered that the administrative law appeal against the decision of the Federal Council was not admissible. Indeed, according to the internal legal order, there is no possibility to appeal against a negative decision of the Federal Council in the matter of the list of hospitals. Furthermore, the refusal to include the hospital on the list of hospitals in the canton of Zurich does…