Questione giuridica chiave
Whether the health insurer had to pay nursing-home costs exceeding the contractual tariff under mandatory health insurance
Decisione estratta
No. The tariff agreement covered all mandatory benefits under Art. 7 KLV, and the insurer owed no additional amount beyond the agreed nursing allowance.
Motivazione estratta
The court held that the applicable tariff was an ordinary tariff agreement under Art. 46 KVG, not a framework tariff. The provider's unilateral higher billing could not bind the insurer; alleged non-cost-covering tariffs did not make the agreement unlawful on this record.