BGE 145 V 128 (Federal Supreme Court, Decision 9C_435/2018 of 24 February 2019)

30 juillet 2019 – In its decision of 14 February 2019, the Federal Supreme Court annulled an ordinance and an implementing directive of 17 April 2018 of the Cantonal Council of Neuchâtel. The ordinance and the directive aimed to set quantity limits for the coverage of costs under the Health Insurance Act (SR 832.10; Bundesgesetz über die Krankenversicherung, KVG) for certain services in case of hospitalizations outside the Canton. The Cantonal Council of Neuchâtel intended to limit the quantity of services from extra-cantonal establishments, which are already limited for establishments on the Neuchâtel hospital list in the sense of art. 41 para. 1bis of the Health Insurance Act. The Federal Supreme Court decided that if the Cantonal authority intends to validly limit the quantity of services provided by extra-cantonal hospitals to its patients, it must first include these establishments on its Cantonal hospital list.