Federal Administrative Court, Decision C-1918/2018 of 09 July 2019
31. Juli 2019 – In general, the insurance companies and the hospitals as the service providers agree on the tariffs in so-called tariff agreements. The competent authority can set the tariffs only for cases provided by statute, inter alia if the negotiations between the tariff parties failed. In the Canton of Schwyz, the hospitals requested the government to determine the tariff for the year 2016 because they were not able to reach an agreement with the insurance companies. With decision of 20 February 2018, the cantonal government of Schwyz declared the request non-admissible. The Federal Administrative Court rejected a subsequent appeal based on the argument that the tariff partners are expected to negotiate seriously and constructively. The government can proceed with the determination only subsidiarily, e.g. where there is no tariff regulation (anymore) at all. In the present case, the tariff as of 2015 was still in force and applicable. Moreover, even if the parties had exchanged information regarding the tariff, it was that the parties were seriously trying to find an agreement regarding the tariff for 2016. In addition, the request to set the tariff did not suffice the formal requirements. In particular, it did not contain a comprehensive calculation of the tariff. Overall, the government’s decision was within its discretion and can therefore not be overruled by the Court.