Question juridique clé
Whether the disputed hospital stay from 2004-12-11 to 2005-01-10 had to be reimbursed at the acute-care hospital tariff or at the EMS tariff under compulsory health insurance.
Solution extraite
For the disputed period, the treatment no longer required acute hospitalisation; the EMS tariff applied.
Motifs extraits
The Federal Court held that the canton had relied on facts not decisive for the disputed period, and that the medical records showed no specific acute-care measures requiring a hospital setting. The patient had already benefited from the transition period until 2004-12-10.