Kernrechtsfrage
Whether the insurer had to continue full hospital benefits although the insured stayed in hospital only because no nursing-home place was available.
Extrahierter Entscheid
No. If hospital treatment is no longer medically necessary and the insured remains in hospital only due to lack of a nursing-home place, the insurer owes only the benefits applicable to members in an old-age or nursing home.
Extrahierte Begründung
The decisive factor is hospital-treatment necessity. Since the medical reports showed that treatment in a nursing home was possible, the stay in the hospital was not justified by the medical condition. The insurer is not responsible for the absence of a nursing-home vacancy and therefore cannot be required to pay more than the benefits corresponding to the medically appropriate category of care.