Questione giuridica chiave
Whether the insurer had to represent the insured before the cantonal arbitral court in the dispute against the nursing home under Art. 89 KVG.
Decisione estratta
Yes. In the Tiers garant system, the insured owed payment to the provider and could seek reimbursement from the insurer; the dispute concerned tariff compliance by the provider and thus was a dispute between insurer and provider within Art. 89 KVG.
Motivazione estratta
The arbitral court is competent where the dispute concerns KVG-based legal relations between insurer and provider. A tariff dispute over allegedly excessive charges falls within Art. 44 KVG. The fact that the insured initially owed payment does not exclude the insurer-provider dispute required by Art. 89(1) KVG; rather, it is the condition for the representation right under Art. 89(3) KVG.