Questione giuridica chiave
Whether a mandibular advancement device for sleep apnea must be covered under mandatory health insurance despite not being listed in the LiMA.
Decisione estratta
No. Because the device was not included in the exhaustive and binding LiMA, the insurer had no duty to reimburse it, even if it may be effective and economical.
Motivazione estratta
The court held that Art. 25 and 52 LAMal, together with the LiMA, create an exhaustive list for reimbursable medical devices. Allowing reimbursement of any unlisted but allegedly equivalent device would circumvent that system.