Key legal question
Whether the insurer had to reimburse the rehabilitation stay at the out-of-canton site tariff or only at the reference tariff for the insured's canton of residence.
Extracted holding
Because the insured's canton of residence covered only about 20% of rehabilitation capacity with in-canton facilities and relied on out-of-canton listed clinics, the stay qualified as medically justified under Art. 41(2)(b) KVG, so the site tariff applied.
Extracted reasoning
The court followed the broader interpretation of medical reasons: a planning-based dependence on out-of-canton listed hospitals is functionally close to the lack of in-canton treatment capacity and must be treated as a medical reason; therefore full tariff protection applies under the tariff of the treating hospital.