Limitation of the admission of physicians to practice at the expense of the mandatory health insurance in the canton of Geneva

Facts

As part of the implementation of the limitation of the admission of healthcare providers to practice at the expense of the mandatory health insurance within the meaning of Art. 55a HIA, the State Council of the Republic and Canton of Geneva adopted on April 16, 2014 an implementing regulation of the federal ordinance on the limitation of the admission of healthcare providers (RaOLAF). This regulation provides in particular that physicians practicing in the outpatient department of hospitals are subject to this admission limitation.

Association A., B. SA, Clinic C. SA, Clinic D. SA, Clinic E. SA as well as Doctors F. and G. filed a public law appeal against this regulation, mainly contesting the application of the limitation to physicians practicing in the outpatient department of hospitals.

Considerations

The Federal Tribunal dismissed the appeal. It considered that the cantonal regulation was in accordance with the meaning and spirit of federal law, in particular with Art. 55a HIA and the federal ordinance on the limitation of the admission of healthcare providers (OLAF).

The Federal Tribunal noted that the federal legislator had granted the cantons a wide autonomy in the matter of limitation of admission to practice at the expense of the mandatory health insurance. The cantons can thus adopt complementary…