Kernrechtsfrage
Whether the insurer had to reimburse the out-of-canton rehabilitation stay at the clinic’s local tariff rather than the reference hospital tariff.
Extrahierter Entscheid
Because the canton’s planning relied heavily on out-of-canton rehabilitation capacity, the stay qualified as medically justified under Art. 41 Abs. 2 lit. b KVG; the insurer therefore had to pay the tariff applicable to the chosen hospital.
Extrahierte Begründung
Where inner-canton rehabilitation capacity is insufficient and the canton’s hospital planning directs insured persons to out-of-canton listed clinics, this amounts to a medical reason within Art. 41 Abs. 2 lit. b KVG. In that situation, the full tariff protection applies to the out-of-canton listed hospital.