Question juridique clé
Whether a liability-law care report can be used directly to assess reimbursable health-insurance nursing care.
Solution extraite
No. A liability expert report on normative care damage cannot be adopted unchanged for KVG reimbursement; it is relevant only insofar as its assumptions match the health-insurance rules and tariff framework.
Motifs extraits
The legal basis, purpose, and assessment standards differ between liability damages under OR 42/46 and insured care services under KVG/KLV. Health insurers must assess only the statutorily defined services and apply the economic-efficiency requirement.