Whether the canton had to pay the higher tariff claimed for the out-of-canton elective hospitalization.
The canton had to calculate its contribution on the basis of the applicable reference tariff of CHF 655 per day, not the claimed CHF 715.
Under Art. 41(1bis) KVG, out-of-canton elective treatment in a listed hospital is a covered benefit and is subject to tariff protection, but the canton pays at most the tariff applicable in a listed hospital of the patient's home canton. The Court followed its recent case law and rejected reliance on the provider's higher tariff or on exchange-of-performance arguments.