Questão jurídica principal
Whether the insurer could limit reimbursement for home nursing care to the lower nursing-home tariff on grounds of economy.
Decisão extraída
No. Where home care is equally effective and appropriate, it may still be economical despite higher costs, and the concrete cost difference here did not exceed that limit.
Fundamentação extraída
The Court applied the settled case law on Art. 32 KVG and the principle of economy. It held that reimbursement cannot automatically be capped at nursing-home costs. A gross imbalance between home-care and nursing-home costs is required to deny economy. In this case, the home-care costs were about 2.35 times higher, the insured had no night supervision needs, and family circumstances supported home care.