Key legal question
Whether the constitutional complaint against the cantonal tariff order was admissible.
Extracted holding
The complaint was admissible because Helsana was directly or at least virtually affected and no other federal remedy was available.
Extracted reasoning
A nationwide health insurer could invoke tariff protection under Art. 44 KVG and the derogatory force of federal law under Art. 49 BV; the federal complaint was the proper remedy.