14 November 2025

In its decision 2C_73/2025 of 9 October 2025, the Federal Supreme Court conducted an abstract judicial review of a resolution by the Valais Executive. Specifically, a complaint had been filed against a resolution setting fixed contributions for the canton’s share of nursing costs. The complainants alleged violations of article 25a of the Health Insurance Act (Bundesgesetz über die Krankenversicherung, KVG), the principle of equality under Article 8 of the Federal Constitution and higher-ranking cantonal law. However, the Federal Supreme Court dismissed the complaint.

Regarding Article 25a KVG, the Court stated that nursing costs must be covered by three parties: health insurers, insured persons and public authorities (including cantons and, where applicable, municipalities). The complainants argued that this principle had been violated by the decision of the Cantonal Executive, as it covered only a fixed amount for care services rather than all remaining costs. However, the Federal Supreme Court noted that there was no apparent reason why the contributions should fail to cover the potential remaining costs. Furthermore, the Court held that a purely methodological critique of the calculation method does not constitute a violation of Article 25a KVG. Finally, the Court rejected the allegation of unequal treatment and did not address the claims of a breach of higher-ranking cantonal law due to insufficient reasoning.

For more information, see here.