Whether deep brain stimulation for Tourette syndrome is covered by compulsory health insurance without prior listing for that indication.
The Federal Court held that the cantonal court wrongly treated the list in the ordinance as exhaustive; because Tourette syndrome had not been examined or implicitly excluded by the federal commission, the legal presumption of effectiveness, appropriateness, and cost-effectiveness still applied.
A prestation already admitted for some indications is not excluded for every other indication unless the DFI/commission has dealt with that indication or implicitly rejected it; the mere fact that only some indications are listed does not by itself remove the statutory presumption under Art. 32 LAMal.