Key legal question
Whether the IV office must reimburse SWICA for diagnostic assessment costs incurred before the secure diagnosis of the birth defect was established.
Extracted holding
The IV office only had to reimburse advances from the point when the case was taken over by the IV after secure diagnosis; pre-diagnosis costs remained with the health insurer.
Extracted reasoning
Until secure diagnosis, the health insurer remains responsible for necessary medical measures. Under Art. 71 ATSG, the later taking-over insurer reimburses advances only within the scope of its liability. The court followed the administrative guidance as a persuasive concretization of this rule.