Key legal question
Whether the Zurich hospital treatment qualified as medically necessary emergency treatment under Art. 41 KVG, triggering the canton of domicile's cost-sharing duty.
Extracted holding
The emergency concept applies if immediate treatment required a transfer to a specific out-of-canton provider and the physician acted ex ante with due regard to cantonal planning; the canton could not deny cost sharing on the basis of later, retrospective findings.
Extracted reasoning
The court held that where the patient was already in his home canton, urgency is not excluded as such. What matters is whether, at the decisive moment, the physician had to choose that particular provider and made reasonable efforts to follow the cantonal hospital plan. The lower court wrongly assessed the matter ex post.