Question juridique clé
Whether the cantonal arbitral tribunal had subject-matter jurisdiction under Art. 89 KVG over the doctor-insurer fee dispute.
Solution extraite
Yes. The dispute concerned KVG-based legal relations between a health insurer and a service provider, especially the economic necessity of the billed treatment; jurisdiction existed even though the insured person would owe payment under the Tiers garant system.
Motifs extraits
Art. 89 KVG covers all disputes between insurers and service providers that concern legal relationships arising from or based on the KVG. The decisive point was the economic character of the contested remuneration claim, which falls within the KVG framework. Private contractual billing arrangements did not alter the arbitral tribunal's jurisdiction.