Questão jurídica principal
Whether proof of patients' insolvency may generally be required by way of a loss certificate before the municipality pays unpaid doctor bills.
Decisão extraída
Yes. Insolvency is only established by a loss certificate, and this requirement may also be imposed for social welfare recipients, except for emergency fees up to CHF 200.
Fundamentação extraída
The court distinguished insolvency from social welfare dependency and held that welfare recipients may still have liquid assets. In the 'tiers garant' system, the doctor cannot rely on direct relations with the insurer, so collection proceedings and a loss certificate are necessary to verify inability to pay.